Florida Senate - 2025                             CS for SB 1206
       
       
        
       By the Committee on Banking and Insurance; and Senator DiCeglie
       
       
       
       
       
       597-03075-25                                          20251206c1
    1                        A bill to be entitled                      
    2         An act relating to transportation network company
    3         driver insurance; amending s. 627.748, F.S.; revising
    4         automobile insurance requirements for transportation
    5         network company drivers; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Present paragraphs (c) through (i) of subsection
   10  (7) of section 627.748, Florida Statutes, are redesignated as
   11  paragraphs (d) through (j), respectively, a new paragraph (c) is
   12  added to that subsection, and paragraph (a) and present
   13  paragraphs (c), (d), and (h) of that subsection are amended, to
   14  read:
   15         627.748 Transportation network companies.—
   16         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
   17  REQUIREMENTS.—
   18         (a) Beginning July 1, 2025 2017, a TNC driver or a TNC on
   19  behalf of the TNC driver shall maintain primary automobile
   20  insurance that:
   21         1. Recognizes that the TNC driver is a TNC driver or
   22  otherwise uses a vehicle to transport riders for compensation;
   23  and
   24         2. Covers the TNC driver while the TNC driver is logged on
   25  to the digital network of the TNC or while the TNC driver is
   26  engaged in a prearranged ride.
   27         (c) The following automobile insurance requirements apply
   28  while a participating TNC driver has accepted a prearranged
   29  ride, but a rider does not occupy the TNC vehicle:
   30         1. Automobile insurance that provides:
   31         a. A primary automobile liability coverage of at least
   32  $50,000 for death and bodily injury per person, $100,000 for
   33  death and bodily injury per incident, and $25,000 for property
   34  damage;
   35         b. Personal injury protection benefits that meet the
   36  minimum coverage amounts required under ss. 627.730-627.7405;
   37  and
   38         c. Uninsured and underinsured vehicle coverage as required
   39  under s. 627.727.
   40         2.The coverage requirements of this paragraph may be
   41  satisfied by any of the following:
   42         a. Automobile insurance maintained by the TNC driver or the
   43  TNC vehicle owner;
   44         b. Automobile insurance maintained by the TNC; or
   45         c. A combination of sub-subparagraphs a. and b.
   46         (d)(c) The following automobile insurance requirements
   47  apply while a TNC driver is engaged in a prearranged ride and
   48  the rider occupies the TNC vehicle:
   49         1. Automobile insurance that provides:
   50         a. A primary automobile liability coverage of at least $1
   51  million for death, bodily injury, and property damage;
   52         b. Personal injury protection benefits that meet the
   53  minimum coverage amounts required of a limousine under ss.
   54  627.730-627.7405; and
   55         c. Uninsured and underinsured vehicle coverage as required
   56  by s. 627.727.
   57         2. The coverage requirements of this paragraph may be
   58  satisfied by any of the following:
   59         a. Automobile insurance maintained by the TNC driver or the
   60  TNC vehicle owner;
   61         b. Automobile insurance maintained by the TNC; or
   62         c. A combination of sub-subparagraphs a. and b.
   63         (e)(d)The TNC shall maintain the required coverage under
   64  paragraphs (b), (c), and (d) unless the driver maintains a
   65  policy that does not exclude, pursuant to subsection (8), the
   66  required coverage under either paragraph (b), paragraph (c), or
   67  paragraph (d). If the insurance maintained by the TNC driver TNC
   68  driver’s insurance under paragraph (b), paragraph (c), or
   69  paragraph (d) lapses, paragraph (b) or paragraph (c) has lapsed
   70  or does not provide the required coverage, the insurance
   71  maintained by the TNC must provide the coverage required under
   72  this subsection, beginning with the first dollar of a claim, and
   73  have the duty to defend such claim.
   74         (i)(h) A TNC driver shall carry proof of coverage
   75  satisfying paragraphs (b), (c), and (d) paragraphs (b) and (c)
   76  with him or her at all times during his or her use of a TNC
   77  vehicle in connection with a digital network. In the event of an
   78  accident, a TNC driver shall provide this insurance coverage
   79  information to any party directly involved in the accident or
   80  the party’s designated representative, automobile insurers, and
   81  investigating police officers. Proof of financial responsibility
   82  may be presented through an electronic device, such as a digital
   83  phone application, under s. 316.646. Upon request, a TNC driver
   84  shall also disclose to any party directly involved in the
   85  accident or the party’s designated representative, automobile
   86  insurers, and investigating police officers whether he or she
   87  was logged on to a digital network or was engaged in a
   88  prearranged ride at the time of the accident.
   89         Section 2. This act shall take effect July 1, 2025.