Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 566
       
       
       
       
       
       
                                Ì254770,Î254770                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2021           .                                
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       The Committee on Banking and Insurance (Perry) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (c) of subsection (1) of section
    6  212.05, Florida Statutes, is amended to read:
    7         212.05 Sales, storage, use tax.—It is hereby declared to be
    8  the legislative intent that every person is exercising a taxable
    9  privilege who engages in the business of selling tangible
   10  personal property at retail in this state, including the
   11  business of making mail order sales, or who rents or furnishes
   12  any of the things or services taxable under this chapter, or who
   13  stores for use or consumption in this state any item or article
   14  of tangible personal property as defined herein and who leases
   15  or rents such property within the state.
   16         (1) For the exercise of such privilege, a tax is levied on
   17  each taxable transaction or incident, which tax is due and
   18  payable as follows:
   19         (c) At the rate of 6 percent of the gross proceeds derived
   20  from the lease or rental of tangible personal property, as
   21  defined herein; however, the following special provisions apply
   22  to the lease or rental of motor vehicles and to peer-to-peer
   23  car-sharing programs:
   24         1. When a motor vehicle is leased or rented by a motor
   25  vehicle rental company or through a peer-to-peer car-sharing
   26  program as those terms are defined in s. 212.0606(1) for a
   27  period of less than 12 months:
   28         a. If the motor vehicle is rented in Florida, the entire
   29  amount of such rental is taxable, even if the vehicle is dropped
   30  off in another state.
   31         b. If the motor vehicle is rented in another state and
   32  dropped off in Florida, the rental is exempt from Florida tax.
   33         2. Except as provided in subparagraph 3., for the lease or
   34  rental of a motor vehicle for a period of not less than 12
   35  months, sales tax is due on the lease or rental payments if the
   36  vehicle is registered in this state; provided, however, that no
   37  tax shall be due if the taxpayer documents use of the motor
   38  vehicle outside this state and tax is being paid on the lease or
   39  rental payments in another state.
   40         3. The tax imposed by this chapter does not apply to the
   41  lease or rental of a commercial motor vehicle as defined in s.
   42  316.003(13)(a) to one lessee or rentee for a period of not less
   43  than 12 months when tax was paid on the purchase price of such
   44  vehicle by the lessor. To the extent tax was paid with respect
   45  to the purchase of such vehicle in another state, territory of
   46  the United States, or the District of Columbia, the Florida tax
   47  payable shall be reduced in accordance with the provisions of s.
   48  212.06(7). This subparagraph shall only be available when the
   49  lease or rental of such property is an established business or
   50  part of an established business or the same is incidental or
   51  germane to such business.
   52         Section 2. Section 212.0606, Florida Statutes, is amended
   53  to read:
   54         212.0606 Rental car surcharge.—
   55         (1) As used in this section, the term:
   56         (a)“Car-sharing service” means a membership-based
   57  organization or business, or division thereof, which requires
   58  the payment of an application fee or a membership fee and
   59  provides member access to motor vehicles:
   60         1.Only at locations that are not staffed by car-sharing
   61  service personnel employed solely for the purpose of interacting
   62  with car-sharing service members;
   63         2.Twenty-four hours per day, 7 days per week;
   64         3.Only through automated means, including, but not limited
   65  to, a smartphone application or an electronic membership card;
   66         4.On an hourly basis or for a shorter increment of time;
   67         5.Without a separate fee for refueling the motor vehicle;
   68         6.Without a separate fee for minimum financial
   69  responsibility liability insurance; and
   70         7.Owned or controlled by the car-sharing service or its
   71  affiliates.
   72         (b)“Motor vehicle rental company” means an entity that is
   73  in the business of providing, for financial consideration, motor
   74  vehicles to the public under a rental agreement.
   75         (c)“Peer-to-peer car-sharing program” has the same meaning
   76  as in s. 627.7483(1).
   77         (2) Except as provided in subsections (3), (4), and (5)
   78  subsection (2), a surcharge of $2 per day or any part of a day
   79  is imposed upon the lease or rental by a motor vehicle rental
   80  company of a motor vehicle that is licensed for hire and
   81  designed to carry fewer than nine passengers, regardless of
   82  whether the motor vehicle is licensed in this state, for
   83  financial consideration and without transfer of the title of the
   84  motor vehicle. The surcharge is imposed regardless of whether
   85  the lease or rental occurs in person or through digital means.
   86  The surcharge applies to only the first 30 days of the term of a
   87  lease or rental and must be collected by the motor vehicle
   88  rental company. The surcharge is subject to all applicable taxes
   89  imposed by this chapter.
   90         (3)A surcharge of $1 per day or any part of a day is
   91  imposed upon each peer-to-peer car-sharing program agreement
   92  involving a shared vehicle that is registered in this state and
   93  designed to carry fewer than nine passengers for financial
   94  consideration and without transfer of the title of the shared
   95  vehicle. If the duration of the car-sharing period for a peer
   96  to-peer car-sharing program agreement subject to the surcharge
   97  established pursuant to this section is less than 24 hours, the
   98  applicable surcharge will be $1 per usage. The surcharge applies
   99  to the first 30 days only of a car-sharing period for any peer
  100  to-peer car-sharing program agreement to which the surcharge
  101  applies and must be collected by the peer-to-peer car-sharing
  102  program. The surcharge is subject to all applicable taxes
  103  imposed by this chapter.
  104         (4)A surcharge of $1 per usage is imposed upon the lease
  105  or rental for less than 24 hours by a motor vehicle rental
  106  company of a motor vehicle that is licensed for hire and
  107  designed to carry fewer than nine passengers, regardless of
  108  whether the motor vehicle is licensed in this state, for
  109  financial consideration and without transfer of the title of the
  110  motor vehicle. The surcharge is imposed regardless of whether
  111  the lease or rental occurs in person or through digital means.
  112  The surcharge is subject to all applicable taxes imposed by this
  113  chapter.
  114         (5)(2) A member of a car-sharing service who uses a motor
  115  vehicle as described in subsection (2) (1) for less than 24
  116  hours pursuant to an agreement with the car-sharing service
  117  shall pay a surcharge of $1 per usage. A member of a car-sharing
  118  service who uses the same motor vehicle for 24 hours or more
  119  shall pay a surcharge of $2 per day or any part of a day as
  120  provided in subsection (2) (1). The car-sharing service shall
  121  collect the surcharge For purposes of this subsection, the term
  122  “car-sharing service” means a membership-based organization or
  123  business, or division thereof, which requires the payment of an
  124  application or membership fee and provides member access to
  125  motor vehicles:
  126         (a)Only at locations that are not staffed by car-sharing
  127  service personnel employed solely for the purpose of interacting
  128  with car-sharing service members;
  129         (b)Twenty-four hours per day, 7 days per week;
  130         (c)Only through automated means, including, but not
  131  limited to, smartphone applications or electronic membership
  132  cards;
  133         (d)On an hourly basis or for a shorter increment of time;
  134         (e)Without a separate fee for refueling the motor vehicle;
  135         (f)Without a separate fee for minimum financial
  136  responsibility liability insurance; and
  137         (g)Owned or controlled by the car-sharing service or its
  138  affiliates.
  139  
  140  The surcharge imposed under this subsection does not apply to
  141  the lease, rental, or use of a motor vehicle from a location
  142  owned, operated, or leased by or for the benefit of an airport
  143  or airport authority.
  144         (6)(a)(3)(a) Notwithstanding s. 212.20, and less the costs
  145  of administration, 80 percent of the proceeds of this surcharge
  146  shall be deposited in the State Transportation Trust Fund, 15.75
  147  percent of the proceeds of this surcharge shall be deposited in
  148  the Tourism Promotional Trust Fund created in s. 288.122, and
  149  4.25 percent of the proceeds of this surcharge shall be
  150  deposited in the Florida International Trade and Promotion Trust
  151  Fund. For the purposes of this subsection, the term “proceeds of
  152  this surchargeof the surcharge means all funds collected and
  153  received by the department under this section, including
  154  interest and penalties on delinquent surcharges. The department
  155  shall provide the Department of Transportation rental car
  156  surcharge revenue information for the previous state fiscal year
  157  by September 1 of each year.
  158         (b) Notwithstanding any other provision of law, the
  159  proceeds deposited in the State Transportation Trust Fund shall
  160  be allocated on an annual basis in the Department of
  161  Transportation’s work program to each department district,
  162  except the Turnpike District. The amount allocated to each
  163  district shall be based on the amount of proceeds attributed to
  164  the counties within each respective district.
  165         (7)(a)(4) Except as provided in this section, the
  166  department shall administer, collect, and enforce the surcharges
  167  surcharge as provided in this chapter.
  168         (b)(a) The department shall require a dealer or peer-to
  169  peer car-sharing program dealers to report surcharge collections
  170  according to the county to which the surcharge was attributed.
  171  For purposes of this section, the surcharge shall be attributed
  172  to the county in which where the rental agreement was entered
  173  into, except that, for peer-to-peer car-sharing, the surcharge
  174  shall be attributable to the county corresponding to the
  175  location of the motor vehicle at the car-sharing start time.
  176         (c)(b)A dealer or peer-to-peer car-sharing program that
  177  collects a Dealers who collect the rental car surcharge pursuant
  178  to this section shall report to the department all surcharge
  179  revenues attributed to the county where the rental agreement was
  180  entered into on a timely filed return for each required
  181  reporting period; except that, in the case of peer-to-peer car
  182  sharing, the peer-to-peer car-sharing program shall report the
  183  applicable surcharge revenue attributed to the county
  184  corresponding to the location of the motor vehicle at the car
  185  sharing start time. The provisions of this chapter which apply
  186  to interest and penalties on delinquent taxes apply to the
  187  surcharge. The surcharge shall not be included in the
  188  calculation of estimated taxes pursuant to s. 212.11. The
  189  dealer’s credit provided in s. 212.12 does not apply to any
  190  amount collected under this section.
  191         (8)(5) The surcharge imposed by this section does not apply
  192  to a motor vehicle or a shared vehicle provided at no charge to
  193  a person whose motor vehicle is being repaired, adjusted, or
  194  serviced by the entity providing the replacement motor vehicle.
  195         Section 3. Section 627.7483, Florida Statutes, is created
  196  to read:
  197         627.7483Peer-to-peer car sharing; insurance requirements.—
  198         (1)DEFINITIONS.—As used in this section, the term:
  199         (a)“Car-sharing delivery period” means the period of time
  200  during which a shared vehicle is being delivered to the location
  201  of the car-sharing start time, if applicable, as documented by
  202  the governing peer-to-peer car-sharing program agreement.
  203         (b)“Car-sharing period” means the period of time that
  204  commences either at the car-sharing delivery period or, if there
  205  is no car-sharing delivery period, at the car-sharing start time
  206  and that ends at the car-sharing termination time.
  207         (c)“Car-sharing start time” means the time when the shared
  208  vehicle is under the control of the shared vehicle driver, which
  209  time occurs at or after the time the reservation of the shared
  210  vehicle is scheduled to begin, as documented in the records of a
  211  peer-to-peer car-sharing program.
  212         (d)“Car-sharing termination time” means the earliest of
  213  the following events:
  214         1.The expiration of the agreed-upon period of time
  215  established for the use of a shared vehicle according to the
  216  terms of the peer-to-peer car-sharing program agreement if the
  217  shared vehicle is delivered to the location agreed upon in the
  218  peer-to-peer car-sharing program agreement;
  219         2.The time the shared vehicle is returned to a location as
  220  alternatively agreed upon by the shared vehicle owner and shared
  221  vehicle driver, as communicated through a peer-to-peer car
  222  sharing program, which alternatively agreed-upon location must
  223  be incorporated into the peer-to-peer car-sharing program
  224  agreement; or
  225         3.The time the shared vehicle owner takes possession and
  226  control of the shared vehicle.
  227         (e)“Peer-to-peer car sharing” or “car sharing” means the
  228  authorized use of a motor vehicle by an individual other than
  229  the vehicle’s owner through a peer-to-peer car-sharing program.
  230  For the purposes of this section, the term does not include the
  231  renting of a motor vehicle through a rental car company, the use
  232  of a for-hire vehicle as defined in s. 320.01(15), ridesharing
  233  as defined in s. 341.031(9), a carpool as defined in s.
  234  450.28(3), or the use of a motor vehicle under an agreement for
  235  a car-sharing service as defined in s. 212.0606(2).
  236         (f)“Peer-to-peer car-sharing program” means a business
  237  platform that enables peer-to-peer car sharing by connecting
  238  motor vehicle owners with drivers for financial consideration.
  239  For the purposes of this section, the term does not include a
  240  rental car company, a car-sharing service as defined in s.
  241  212.0606(2), a taxicab association, the owner of a for-hire
  242  vehicle as defined in s. 320.01(15), or a service provider that
  243  is solely providing hardware or software as a service to a
  244  person or an entity that is not effectuating payment of
  245  financial consideration for use of a shared vehicle.
  246         (g)“Peer-to-peer car-sharing program agreement” means the
  247  terms and conditions established by the peer-to-peer car-sharing
  248  program which are applicable to a shared vehicle owner and a
  249  shared vehicle driver and which govern the use of a shared
  250  vehicle through a peer-to-peer car-sharing program. For the
  251  purposes of this section, the term does not include a rental
  252  agreement or an agreement for a for-hire vehicle as defined in
  253  s. 320.01(15) or for a car-sharing service as defined in s.
  254  212.0606(2).
  255         (h)“Shared vehicle” means a motor vehicle that is
  256  available for sharing through a peer-to-peer car-sharing
  257  program. For the purposes of this section, the term does not
  258  include a rental car, a for-hire vehicle as defined in s.
  259  320.01(15), or a motor vehicle used for ridesharing as defined
  260  in s. 341.031(9), for a carpool as defined in s. 450.28(3), or
  261  for a car-sharing service as defined in s. 212.0606(2).
  262         (i)“Shared vehicle driver” means an individual who has
  263  been authorized by the shared vehicle owner to drive the shared
  264  vehicle under the peer-to-peer car-sharing program agreement.
  265         (j)“Shared vehicle owner” means the registered owner, or a
  266  natural person or an entity designated by the registered owner,
  267  of a motor vehicle made available for sharing to shared vehicle
  268  drivers through a peer-to-peer car-sharing program. For the
  269  purposes of this section, the term does not include an owner of
  270  a for-hire vehicle as defined in s. 320.01(15).
  271         (2)INSURANCE COVERAGE REQUIREMENTS.—
  272         (a)1.A peer-to-peer car-sharing program shall ensure that,
  273  during each car-sharing period, the shared vehicle owner and the
  274  shared vehicle driver are insured under a motor vehicle
  275  insurance policy that provides all of the following:
  276         a.Property damage liability coverage that meets the
  277  minimum coverage amounts required under s. 324.022.
  278         b.Bodily injury liability coverage limits as described in
  279  s. 324.021(7)(a) and (b).
  280         c.Personal injury protection benefits that meet the
  281  minimum coverage amounts required under s. 627.736.
  282         d.Uninsured and underinsured vehicle coverage as required
  283  under s. 627.727.
  284         2.The peer-to-peer car-sharing program shall also ensure
  285  that the motor vehicle insurance policy under subparagraph 1.:
  286         a.Recognizes that the shared vehicle insured under the
  287  policy is made available and used through a peer-to-peer car
  288  sharing program; or
  289         b.Does not exclude the use of a shared vehicle by a shared
  290  vehicle driver.
  291         (b)1.The insurance described under paragraph (a) may be
  292  satisfied by a motor vehicle insurance policy maintained by:
  293         a.A shared vehicle owner;
  294         b.A shared vehicle driver;
  295         c.A peer-to-peer car-sharing program; or
  296         d.A combination of a shared vehicle owner, a shared
  297  vehicle driver, and a peer-to-peer car-sharing program.
  298         2.The insurance policy maintained in subparagraph 1. which
  299  satisfies the insurance requirements under paragraph (a) is
  300  primary during each car-sharing period. If a claim occurs during
  301  the car-sharing period in another state with minimum financial
  302  responsibility limits higher than those limits required under
  303  chapter 324, the coverage maintained under paragraph (a)
  304  satisfies the difference in minimum coverage amounts up to the
  305  applicable policy limits.
  306         3.a.If the insurance maintained by a shared vehicle owner
  307  or shared vehicle driver in accordance with subparagraph 1. has
  308  lapsed or does not provide the coverage required under paragraph
  309  (a), the insurance maintained by the peer-to-peer car-sharing
  310  program must provide the coverage required under paragraph (a),
  311  beginning with the first dollar of a claim, and must defend such
  312  claim, except under circumstances as set forth in subparagraph
  313  (3)(a)2.
  314         b.Coverage under a motor vehicle insurance policy
  315  maintained by the peer-to-peer car-sharing program must not be
  316  dependent on another motor vehicle insurer first denying a
  317  claim, and another motor vehicle insurance policy is not
  318  required to first deny a claim.
  319         c.Notwithstanding any other law, statute, rule, or
  320  regulation to the contrary, a peer-to-peer car-sharing program
  321  has an insurable interest in a shared vehicle during the car
  322  sharing period. This sub-subparagraph does not create liability
  323  for a peer-to-peer car-sharing program for maintaining the
  324  coverage required under paragraph (a) and under this paragraph,
  325  if applicable.
  326         d.A peer-to-peer car-sharing program may own and maintain
  327  as the named insured one or more policies of motor vehicle
  328  insurance which provide coverage for:
  329         (I)Liabilities assumed by the peer-to-peer car-sharing
  330  program under a peer–to–peer car-sharing program agreement;
  331         (II) Liability of the shared vehicle owner;
  332         (III) Liability of the shared vehicle driver;
  333         (IV) Damage or loss to the shared motor vehicle; or
  334         (V) Damage, loss, or injury to persons or property to
  335  satisfy the personal injury protection and uninsured and
  336  underinsured motorist coverage requirements of this section.
  337         e.Insurance required under paragraph (a), when maintained
  338  by a peer-to-peer car-sharing program, may be provided by an
  339  insurer authorized to do business in this state which is a
  340  member of the Florida Insurance Guaranty Association or an
  341  eligible surplus lines insurer that has a superior, excellent,
  342  exceptional, or equivalent financial strength rating by a rating
  343  agency acceptable to the office. A peer-to-peer car-sharing
  344  program is not transacting in insurance when it maintains the
  345  insurance required under this section.
  346         (3) LIABILITIES AND INSURANCE EXCLUSIONS.—
  347         (a) Liability.—
  348         1. A peer-to-peer car-sharing program shall assume
  349  liability, except as provided in subparagraph 2., of a shared
  350  vehicle owner for bodily injury or property damage to third
  351  parties or uninsured and underinsured motorist or personal
  352  injury protection losses during the car-sharing period in an
  353  amount stated in the peer-to-peer car-sharing program agreement,
  354  which amount may not be less than those set forth in ss.
  355  324.021(7)(a) and (b), 324.022, 627.727, and 627.736,
  356  respectively.
  357         2. The assumption of liability under subparagraph 1. does
  358  not apply if a shared vehicle owner:
  359         a. Makes an intentional or fraudulent material
  360  misrepresentation or omission to the peer-to-peer car-sharing
  361  program before the car-sharing period in which the loss occurs;
  362  or
  363         b. Acts in concert with a shared vehicle driver who fails
  364  to return the shared vehicle pursuant to the terms of the peer
  365  to-peer car-sharing program agreement.
  366         3. The insurer, insurers, or peer-to-peer car-sharing
  367  program providing coverage under paragraph (2)(a) shall assume
  368  primary liability for a claim when:
  369         a.A dispute exists over who was in control of the shared
  370  motor vehicle at the time of the loss, and the peer-to-peer car
  371  sharing program does not have available, did not retain, or
  372  fails to provide the information required under subsection (5);
  373  or
  374         b.A dispute exists over whether the shared vehicle was
  375  returned to the alternatively agreed-upon location as required
  376  under subparagraph (1)(d)2.
  377         (b) Vicarious liability.—A peer-to-peer car-sharing program
  378  and a shared vehicle owner are exempt from vicarious liability
  379  consistent with 49 U.S.C. s. 30106 (2005) under any state or
  380  local law that imposes liability solely based on vehicle
  381  ownership.
  382         (c) Exclusions in motor vehicle insurance policies.—An
  383  authorized insurer that writes motor vehicle liability insurance
  384  in this state may exclude any coverage and the duty to defend or
  385  indemnify for any claim under a shared vehicle owner’s motor
  386  vehicle insurance policy, including, but not limited to:
  387         1. Liability coverage for bodily injury and property
  388  damage;
  389         2. Personal injury protection coverage;
  390         3. Uninsured and underinsured motorist coverage;
  391         4. Medical payments coverage;
  392         5. Comprehensive physical damage coverage; and
  393         6. Collision physical damage coverage.
  394  
  395  This paragraph does not invalidate or limit any exclusion
  396  contained in a motor vehicle insurance policy, including any
  397  insurance policy in use or approved for use which excludes
  398  coverage for motor vehicles made available for rent, sharing, or
  399  hire or for any business use. This paragraph does not
  400  invalidate, limit, or restrict an insurer’s ability under
  401  existing law to underwrite, cancel, or nonrenew any insurance
  402  policy.
  403         (d) Contribution against indemnification.—A shared vehicle
  404  owner’s motor vehicle insurer that defends or indemnifies a
  405  claim against a shared vehicle which is excluded under the terms
  406  of its policy has the right to seek recovery against the motor
  407  vehicle insurer of the peer-to-peer car-sharing program if the
  408  claim is:
  409         1. Made against the shared vehicle owner or the shared
  410  vehicle driver for loss or injury that occurs during the car
  411  sharing period; and
  412         2. Excluded under the terms of its policy.
  413         (4) NOTIFICATION OF IMPLICATIONS OF LIEN.—At the time a
  414  motor vehicle owner registers as a shared vehicle owner on a
  415  peer-to-peer car-sharing program and before the shared vehicle
  416  owner may make a shared vehicle available for car sharing on the
  417  peer-to-peer car-sharing program, the peer-to-peer car-sharing
  418  program must notify the shared vehicle owner that, if the shared
  419  vehicle has a lien against it, the use of the shared vehicle
  420  through a peer-to-peer car-sharing program, including the use
  421  without physical damage coverage, may violate the terms of the
  422  contract with the lienholder.
  423         (5) RECORDKEEPING.—A peer-to-peer car-sharing program
  424  shall:
  425         (a) Collect and verify records pertaining to the use of a
  426  shared vehicle, including, but not limited to, the times used,
  427  car-sharing period pick up and drop off locations, and revenues
  428  received by the shared vehicle owner;
  429         (b) Retain the records in paragraph (a) for a time period
  430  not less than the applicable personal injury statute of
  431  limitations; and
  432         (c) Provide the information contained in the records in
  433  paragraph (a) upon request to the shared vehicle owner, the
  434  shared vehicle owner’s insurer, or the shared vehicle driver’s
  435  insurer to facilitate a claim coverage investigation,
  436  settlement, negotiation, or litigation.
  437         (6) CONSUMER PROTECTIONS.—
  438         (a) Disclosures.—Each peer-to-peer car-sharing program
  439  agreement made in this state must disclose to the shared vehicle
  440  owner and the shared vehicle driver:
  441         1. Any right of the peer-to-peer car-sharing program to
  442  seek indemnification from the shared vehicle owner or the shared
  443  vehicle driver for economic loss resulting from a breach of the
  444  terms and conditions of the peer-to-peer car-sharing program
  445  agreement.
  446         2. That a motor vehicle insurance policy issued to the
  447  shared vehicle owner for the shared vehicle or to the shared
  448  vehicle driver does not provide a defense or indemnification for
  449  any claim asserted by the peer-to-peer car-sharing program.
  450         3. That the peer-to-peer car-sharing program’s insurance
  451  coverage on the shared vehicle owner and the shared vehicle
  452  driver is in effect only during each car-sharing period and
  453  that, for any use of the shared vehicle by the shared vehicle
  454  driver after the car-sharing termination time, the shared
  455  vehicle driver and the shared vehicle owner may not have
  456  insurance coverage.
  457         4. The daily rate and, if applicable, any insurance or
  458  protection package costs that are charged to the shared vehicle
  459  owner or the shared vehicle driver.
  460         5. That the shared vehicle owner’s motor vehicle liability
  461  insurance may exclude coverage for a shared vehicle.
  462         6. An emergency telephone number of the personnel capable
  463  of fielding calls for roadside assistance and other customer
  464  service inquiries.
  465         7. Any conditions under which a shared vehicle driver must
  466  maintain a personal motor vehicle insurance policy with certain
  467  applicable coverage limits on a primary basis in order to book a
  468  shared vehicle.
  469         (b) Driver license verification and data retention.—
  470         1. A peer-to-peer car-sharing program may not enter into a
  471  peer-to-peer car-sharing program agreement with a driver unless
  472  the driver:
  473         a. Holds a driver license issued under chapter 322 which
  474  authorizes the driver to drive vehicles of the class of the
  475  shared vehicle;
  476         b. Is a nonresident who:
  477         (I) Holds a driver license issued by the state or country
  478  of the driver’s residence which authorizes the driver in that
  479  state or country to drive vehicles of the class of the shared
  480  vehicle; and
  481         (II) Is at least the same age as that required of a
  482  resident to drive; or
  483         c. Is otherwise specifically authorized by the Department
  484  of Highway Safety and Motor Vehicles to drive vehicles of the
  485  class of the shared vehicle.
  486         2. A peer-to-peer car-sharing program shall keep a record
  487  of:
  488         a. The name and address of the shared vehicle driver;
  489         b. The driver license number of the shared vehicle driver
  490  and each other person, if any, who will operate the shared
  491  vehicle; and
  492         c. The place of issuance of the driver license.
  493         (c) Responsibility for equipment.—A peer-to-peer car
  494  sharing program has sole responsibility for any equipment that
  495  is put in or on the shared vehicle to monitor or facilitate the
  496  peer-to-peer car-sharing transaction, including a GPS system.
  497  The peer-to-peer car-sharing program shall indemnify and hold
  498  harmless the shared vehicle owner for any damage to or theft of
  499  such equipment during the car-sharing period which is not caused
  500  by the shared vehicle owner. The peer-to-peer car-sharing
  501  program may seek indemnity from the shared vehicle driver for
  502  any damage to or loss of such equipment which occurs during the
  503  car-sharing period.
  504         (d) Motor vehicle safety recalls.—At the time a motor
  505  vehicle owner registers as a shared vehicle owner on a peer-to
  506  peer car-sharing program and before the shared vehicle owner may
  507  make a shared vehicle available for car sharing on the peer-to
  508  peer car-sharing program, the peer-to-peer car-sharing program
  509  must:
  510         1. Verify that the shared vehicle does not have any safety
  511  recalls on the vehicle for which the repairs have not been made;
  512  and
  513         2. Notify the shared vehicle owner that if the shared
  514  vehicle owner:
  515         a. Has received an actual notice of a safety recall on the
  516  vehicle, he or she may not make a vehicle available as a shared
  517  vehicle on the peer-to-peer car-sharing program until the safety
  518  recall repair has been made.
  519         b. Receives an actual notice of a safety recall on a shared
  520  vehicle while the shared vehicle is made available on the peer
  521  to-peer car-sharing program, he or she shall remove the shared
  522  vehicle as available on the peer-to-peer car-sharing program as
  523  soon as practicably possible after receiving the notice of the
  524  safety recall and until the safety recall repair has been made.
  525         c. Receives an actual notice of a safety recall while the
  526  shared vehicle is in the possession of a shared vehicle driver,
  527  he or she shall notify the peer-to-peer car-sharing program
  528  about the safety recall as soon as practicably possible after
  529  receiving the notice of the safety recall, so that he or she may
  530  address the safety recall repair.
  531         (7) CONSTRUCTION.—This section does not limit:
  532         (a) The liability of a peer-to-peer car-sharing program for
  533  any act or omission of the peer-to-peer car-sharing program
  534  which results in the bodily injury of a person as a result of
  535  the use of a shared vehicle through peer-to-peer car sharing; or
  536         (b) The ability of a peer-to-peer car-sharing program to
  537  seek, by contract, indemnification from the shared vehicle owner
  538  or the shared vehicle driver for economic loss resulting from a
  539  breach of the terms and conditions of the peer-to-peer car
  540  sharing program agreement.
  541         Section 4. This act shall take effect January 1, 2022.
  542  
  543  ================= T I T L E  A M E N D M E N T ================
  544  And the title is amended as follows:
  545         Delete everything before the enacting clause
  546  and insert:
  547                        A bill to be entitled                      
  548         An act relating to motor vehicle rentals; amending s.
  549         212.05, F.S.; specifying the applicable sales tax rate
  550         on motor vehicle leases and rentals by motor vehicle
  551         rental companies and peer-to-peer car-sharing
  552         programs; amending s. 212.0606, F.S.; defining terms;
  553         specifying the applicable surcharge on motor vehicle
  554         leases and rentals by motor vehicle rental companies
  555         and peer-to-peer car-sharing programs; specifying
  556         applicability of the surcharge; requiring motor
  557         vehicle rental companies and peer-to-peer car-sharing
  558         programs to collect specified surcharges; creating s.
  559         627.7483, F.S.; defining terms; specifying motor
  560         vehicle insurance requirements for peer-to-peer car
  561         sharing programs; providing that peer-to-peer car
  562         sharing programs have an insurable interest in shared
  563         vehicles during specified periods; providing
  564         construction; authorizing peer-to-peer car-sharing
  565         programs to own and maintain certain motor vehicle
  566         insurance policies; requiring peer-to-peer car-sharing
  567         programs to assume certain liability; providing
  568         exceptions; providing for the assumption of primary
  569         liability for claims when certain disputes exist;
  570         requiring shared vehicle owners’ insurers to indemnify
  571         peer-to-peer car-sharing programs under certain
  572         circumstances; providing exemptions from vicarious
  573         liabilities for peer-to-peer car-sharing programs and
  574         shared vehicle owners; authorizing motor vehicle
  575         insurers to exclude specified coverages under certain
  576         circumstances; providing construction related to
  577         exclusions; authorizing specified insurers to seek
  578         recovery against motor vehicle insurers of peer-to
  579         peer car-sharing programs under certain circumstances;
  580         requiring peer-to-peer car-sharing programs to provide
  581         certain information to shared vehicle owners regarding
  582         liens; specifying recordkeeping, record retention, and
  583         record-sharing requirements for peer-to-peer car
  584         sharing programs; specifying disclosure requirements
  585         for peer-to-peer car-sharing program agreements;
  586         specifying driver license verification and data
  587         retention requirements for peer-to-peer car-sharing
  588         programs; providing that peer-to-peer car-sharing
  589         programs have sole responsibility for certain
  590         equipment in or on a shared vehicle; providing for
  591         indemnification regarding such equipment; specifying
  592         requirements for peer-to-peer car-sharing programs
  593         relating to safety recalls on a shared vehicle;
  594         providing construction; providing an effective date.