SB 1148 — Vehicles for Rent or Lease

The department shall provide the Department of Transportation rental car surcharge revenue information for the previous state fiscal year by September 1 of each year.

(b) Notwithstanding any other provision of law, the proceeds deposited in the State Transportation Trust Fund shall be allocated on an annual basis in the Department of Transportation’s work program to each department district, except the Turnpike District.

The amount allocated to each district shall be based on the amount of proceeds attributed to the counties within each respective district.

(5)(4) Except as provided in this section, the department shall administer, collect, and enforce the surcharge as provided in this chapter.

(a) For purposes of this subsection, the term “dealer” means a motor vehicle rental company as defined in s.

320.01(47), a car-sharing service as defined in s.

320.01(46), or a peer-to-peer car sharing program as defined in s.

320.01(48).

(b)(a) The department shall require dealers to report surcharge collections according to the county to which the surcharge was attributed.

For purposes of this section, the surcharge shall be attributed to the county where the rental agreement was entered into.

(c)(b) Dealers who collect the rental car surcharge shall report to the department all surcharge revenues attributed to the county where the rental agreement was entered into on a timely filed return for each required reporting period.

The provisions of this chapter which apply to interest and penalties on delinquent taxes apply to the surcharge.

The surcharge shall not be included in the calculation of estimated taxes pursuant to s.

212.11.

The dealer’s credit provided in s.

212.12 does not apply to any amount collected under this section.

(6)(5) The surcharge imposed by this section does not apply to a motor vehicle provided at no charge to a person whose motor vehicle is being repaired, adjusted, or serviced by the entity providing the replacement motor vehicle.

Section 2. Subsections (46), (47), and (48) are added to section 320.01, Florida Statutes, to read:

(15)(a) “For-hire(46) “Car-sharing vehicle”service” means anya motormembership-based vehicle,organization whenor usedbusiness, foror transportingdivision personsthereof, which requires the payment of an application fee or goodsa formembership compensation;fee and provides member access to motor vehicles:

let(a) Only orat rentedlocations tothat anotherare not staffed by car-sharing service personnel employed solely for consideration;the purpose of interacting with car-sharing service members;

offered(b) Twenty-four forhours rentper orday, hire7 asdays aper meansweek; of transportation for compensation;

advertised(c) Only inthrough aautomated newspapermeans, orincluding, electronically,but ornot generallylimited heldto, outsmartphone asapplications beingor forelectronic rentmembership orcards; hire;

used(d) On inan connectionhourly withbasis or for a travelshorter bureau;increment of time;

or(e) Without offereda orseparate usedfee to provide transportation for personsrefueling solicitedthe throughmotor personalvehicle; contact or advertised on a “share-expense” basis.

The(f) Without term includes a privateseparate motorfee vehicle that participates in a private motor vehicle rental program and is rented or offered for rentminimum tofinancial anotherresponsibility forliability consideration.insurance;

Whenand goods(g) Owned or passengerscontrolled are transported for compensation in a motor vehicle outside a municipal corporation of this state, or when goods are transported in a motor vehicle not owned by the personcar-sharing owningservice the goods, such transportation is “for hire.” The carriage of goods and other personal property in a motor vehicle by a corporation or association for its stockholders,affiliates. shareholders, and members, cooperative or otherwise, is transportation “for hire.” (46) “Private motor vehicle” means a motor vehicle owned by an individual and insured under a personal automobile liability insurance policy that lists a single individual, or individuals residing in the same household, as the named insured.

This(47) “Motor termvehicle doesrental notcompany” includemeans aany person who is in the business of providing motor vehiclevehicles withto fewerthe thanpublic fourunder wheels.a rental agreement for a period of 30 days or less for consideration.

(47) “Private(48) “Peer-to-peer motorcar-sharing vehicle rental program” ismeans thea means,business digitalplatform orthat otherwise,connects by which a private motor vehicle isowners offeredwith fordrivers rentto byenable athe personrenting orof entityvehicles whofor doesfinancial notconsideration. own the private motor vehicle.

Section 2. Section3. Section 320.0605, Florida Statutes, is amended to read:

Section 3. Section4. Section 322.38, Florida Statutes, is amended to read:

(4) If a motor vehicle is rented to a person through digital, electronic, or other means that allow the renter to obtain possession of the motor vehicle without direct contact with an owner or agent or an employee of an entity owning the vehicle, or if the renter does not execute a rental contract at the time that he or she takes possession of the vehicle, it must be deemed that the requirements of subsections (1) and (2) are met when, at the time the renter enrolls in a membership program, master agreement, or other means of establishing use of the rentalmotor carvehicle companythrough ora private motor vehicle programrental services,company oras anydefined timein thereafter,s. the renter is required to verify that he or she is duly licensed and that the license is unexpired.

Section320.01(47) 4. Thisor actpeer-to-peer shallcar-sharing takeprogram effectas Julydefined 1,in 2019.s.

320.01(48), or any time thereafter, the renter is required to verify that he or she is duly licensed and that the license is unexpired.

Section 5. Section 331.17, Florida Statutes, is created to read:

331.17 Transportation services at airports.—In order to facilitate the provision of service on the property of a publicly owned airport that is open for public use, a motor vehicle rental company as defined in 320.01(47), a car-sharing service as defined in s.

320.01(46), or a peer-to-peer car sharing program defined in s 320.01(48) must enter an agreement with the airport to provide such services.

Section 6. This act shall take effect July 1, 2019.