Florida Senate - 2020                                    SB 1536
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01657-20                                           20201536__
    1                        A bill to be entitled                      
    2         An act relating to transportation network companies;
    3         amending s. 627.748, F.S.; defining the term
    4         “authorized user”; authorizing a person who is 18
    5         years of age or older to establish an account with a
    6         transportation network company (TNC); providing
    7         requirements for establishing an account; authorizing
    8         a person to add authorized users to such account under
    9         certain circumstances; providing requirements for
   10         adding such users; requiring a TNC and a TNC driver to
   11         send certain notifications to a person requesting a
   12         prearranged ride on behalf of an authorized user;
   13         requiring a TNC to allow an authorized user to view
   14         such notifications but to prohibit the authorized user
   15         from changing the origin or destination of a
   16         prearranged ride; requiring a TNC to provide human
   17         trafficking awareness training and education to
   18         employed TNC drivers; providing training and education
   19         requirements; limiting the liability of a TNC in cases
   20         of human trafficking; authorizing the Department of
   21         Financial Services to seek a court order to require a
   22         TNC to comply with certain provisions; providing
   23         legislative intent; providing construction; providing
   24         an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Present paragraphs (a) through (g) of subsection
   29  (1) of section 627.748, Florida Statutes, are redesignated as
   30  paragraphs (b) through (h), respectively, a new paragraph (a) is
   31  added to that subsection, present subsections (12) through (15)
   32  are redesignated as subsections (15) through (18), respectively,
   33  and new subsections (12), (13), and (14) are added to that
   34  section, to read:
   35         627.748 Transportation network companies.—
   36         (1) DEFINITIONS.—As used in this section, the term:
   37         (a)“Authorized user” means a rider under 18 years of age.
   38         (12)ESTABLISHMENT OF TNC ACCOUNT.—A person who is 18 years
   39  of age or older may establish an account with a TNC. The TNC
   40  must require a person establishing an account to upload to the
   41  TNC’s digital network a current photograph of himself or herself
   42  and a copy or photograph of his or her valid, government-issued
   43  identification, including, but not limited to, a driver license,
   44  passport, or state or national identification card. The TNC
   45  shall activate the person’s account once the TNC confirms the
   46  person’s identity and age.
   47         (13)RIDERS UNDER 18 YEARS OF AGE.—
   48         (a)If a TNC provides services to riders under 18 years of
   49  age, a person who has established an account with the TNC
   50  pursuant to subsection (12) may add one or more authorized users
   51  to his or her account. The TNC must require a person adding an
   52  authorized user to upload to the TNC’s digital network:
   53         1.A current photograph of the authorized user.
   54         2.The authorized user’s first name, last name, and age.
   55         3.The authorized user’s relationship to the person.
   56         (b)Upon receipt of a request for a prearranged ride on
   57  behalf of an authorized user, the TNC must send a notification
   58  via text message to the person making the request which
   59  includes:
   60         1.A photograph of the TNC driver assigned to transport the
   61  authorized user.
   62         2.The make, model, and license plate number of the TNC
   63  driver’s vehicle.
   64         (c)The TNC driver must send a notification via text
   65  message to the person making the request when the authorized
   66  user has entered the TNC driver’s vehicle and when the
   67  authorized user has exited the vehicle at his or her
   68  destination.
   69         (d)A TNC shall allow an authorized user to view the
   70  notifications provided pursuant to paragraphs (b) and (c) via an
   71  online-enabled technology application but shall not allow an
   72  authorized user to change the origin or destination of the
   73  prearranged ride.
   74         (14)HUMAN TRAFFICKING AWARENESS TRAINING AND EDUCATION.—
   75         (a)By January 1, 2021, each TNC must provide at least 20
   76  minutes of classroom or other effective interactive training and
   77  education regarding human trafficking awareness to:
   78         1.Each TNC driver who is employed as of July 1, 2020.
   79         2.Each TNC driver who is employed after July 1, 2020,
   80  within 6 months after the date of his or her employment.
   81         (b)1.After January 1, 2021, each TNC must provide at least
   82  20 minutes of human trafficking awareness training and education
   83  as provided in this paragraph to:
   84         a.Each newly employed TNC driver within 6 months after the
   85  date of his or her employment.
   86         b.Each currently employed TNC driver at least once every 2
   87  years.
   88         2.The human trafficking awareness training and education
   89  required by this paragraph shall include, but is not limited to:
   90         a.The definitions of human trafficking and commercial
   91  exploitation of children.
   92         b.Identification of individuals who are most at risk for
   93  human trafficking.
   94         c.The difference between labor trafficking and sex
   95  trafficking specific to the TNC sector.
   96         d.The role of TNC drivers in responding to and reporting a
   97  possible case of human trafficking.
   98         e.The contact information of appropriate agencies,
   99  including, but not limited to, the toll-free National Human
  100  Trafficking Hotline, 1-888-373-7888, and text message line,
  101  233733; the toll-free Florida Abuse Hotline, 1-800-96-ABUSE; and
  102  the telephone numbers of the appropriate local law enforcement
  103  agencies.
  104         3.The human trafficking awareness training and education
  105  required by this paragraph may also include, but is not limited
  106  to, materials and information provided by the United States
  107  Department of Justice, the Blue Campaign of the United States
  108  Department of Homeland Security, the Statewide Council on Human
  109  Trafficking, and private nonprofit organizations that represent
  110  the interests of victims of human trafficking.
  111         4.Failure of a TNC driver to report a case of human
  112  trafficking in which the TNC driver’s vehicle is involved shall
  113  not, by itself, result in the liability of the TNC to the human
  114  trafficking victim or victims in the case in question or to any
  115  other party.
  116         5.If a TNC violates this subsection, the Department of
  117  Financial Services may seek a court order requiring the TNC to
  118  comply with this subsection.
  119         6.It is the intent of the Legislature in enacting this
  120  subsection to establish a minimum threshold for human
  121  trafficking awareness training and education provided by a TNC.
  122  This subsection may not be construed to discourage or relieve a
  123  TNC from providing for longer, more frequent, or more extensive
  124  training and education regarding human trafficking awareness.
  125         Section 2. This act shall take effect July 1, 2020.