Florida 2020 Regular Session Status: In Committee

SB 1352 — Transportation Companies

Last action — Laid on Table, refer to CS/CS/HB 1039

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Transportation Companies; Defining the term “transportation network company digital advertising device”; deleting for-hire vehicles from the list of vehicles that are excluded from transportation network company (TNC) provisions; authorizing TNC drivers or their designees to contract with companies to install TNC digital advertising devices on TNC vehicles; defining the term “luxury ground transportation network company”; authorizing entities to elect to be regulated as luxury ground TNCs by notifying the Department of Financial Services, etc.

Bill Text

What changed in the latest version

277 added · 256 removed

277 line(s) added, 256 removed.

→
Previous
Latest
Florida Senate - 2020 CS for CS for SB 1352 By the Committees on Rules;
Florida Senate - 2020 CS for SB 1352 By the Committee on Innovation, Industry, and Technology;
and Innovation, Industry, and Technology;
and Senator Brandes 580-03374-20 20201352c1 A bill to be entitled An act relating to transportation companies;
and Senator Brandes 595-04472-20 20201352c2 A bill to be entitled An act relating to transportation companies;
320.01, F.S.;
revising the definition of the term “for-hire vehicle” to exclude transportation network company (TNC) vehicles and certain motor vehicles used for prearranged rides for persons with disabilities for compensation;
amending s.
redefining terms;
revising and providing definitions;
defining the term “transportation network company digital advertising device”;
deleting for-hire vehicles from the list of vehicles that are not considered TNC carriers or are not exempt from certain registration;
deleting for-hire vehicles from the list of vehicles that are excluded from transportation network company (TNC) provisions;
providing immunity from certain liability for TNC drivers, TNC vehicle owners, owners and operators of TNC digital advertising devices, and TNCs except under certain circumstances;
providing immunity from certain liability for TNC drivers and owners and operators of TNC digital advertising devices;
providing exceptions;
defining the term “luxury ground transportation network company”;
providing for the preemption of local law in the governance of luxury ground TNCs, luxury ground TNC drivers, and luxury ground TNC vehicles;
providing for preemption over local law on the governance of luxury ground TNCs, luxury ground TNC drivers, and luxury ground TNC vehicles;
30 Be It Enacted by the Legislature of the State of Florida:
31 Be It Enacted by the Legislature of the State of Florida:
32 Section 1. Present paragraphs (f) and (g) of subsection (1), present subsections (11) through (14), and present subsection (15) of section 627.748, Florida Statutes, are redesignated as paragraphs (g) and (h) of subsection (1), subsections (12) through (15), and subsection (17), respectively, a new paragraph (f) is added to subsection (1) and a new subsection (11) and subsections (16) and (18) are added to that section, and paragraphs (b) and (e) and present paragraph (g) of subsection (1), subsection (2), paragraphs (b) and (c) of subsection (7), and paragraph (a) of present subsection (15) of that section are amended, to read:
33 Section 1. Paragraph (b) of subsection (15) of section 320.01, Florida Statutes, is amended to read:
320.01 Definitions, general.—As used in the Florida Statutes, except as otherwise provided, the term:
(15) (b) The following are not included in the term “for-hire vehicle”:
a motor vehicle used for transporting school children to and from school under contract with school officials;
a hearse or ambulance when operated by a licensed embalmer or mortician or his or her agent or employee in this state;
a motor vehicle used in the transportation of agricultural or horticultural products or in transporting agricultural or horticultural supplies direct to growers or the consumers of such supplies or to associations of such growers or consumers;
a motor vehicle temporarily used by a farmer for the transportation of agricultural or horticultural products from any farm or grove to a packinghouse or to a point of shipment by a transportation company;
or a motor vehicle not exceeding 1 1/2 tons under contract with the Government of the United States to carry United States mail, provided such vehicle is not used for commercial purposes;
a TNC vehicle as defined in s.
627.748(1);
or a motor vehicle compliant with the Americans with Disabilities Act which is owned and used by a company that uses a digital network to facilitate prearranged rides to persons with disabilities for compensation.
Section 2. Present paragraphs (f) and (g) of subsection (1), present subsections (11) through (14), and present subsection (15) of section 627.748, Florida Statutes, are redesignated as paragraphs (g) and (h) of subsection (1), subsections (12) through (15), and subsection (17), respectively, a new paragraph (f) is added to subsection (1) and a new subsection (11) and subsections (16) and (18) are added to that section, and paragraphs (b) and (e) and present paragraph (g) of subsection (1), subsection (2), paragraphs (b) and (c) of subsection (7), and paragraph (a) of present subsection (15) of that section are amended, to read:
85 Notwithstanding any other provision of law, a vehicle that is let or rented to another for consideration, or a motor vehicle compliant with the Americans with Disabilities Act which is owned and used by a company that uses a digital network to facilitate prearranged rides to persons with disabilities for compensation, may be used as a TNC vehicle.
111 Notwithstanding any other provision of law, a vehicle that is let or rented to another for consideration, or a motor vehicle compliant with the Americans with Disabilities Act which is owned and used by a company that uses a digital network to facilitate prearranged rides to persons with disabilities for compensation, may be used as a TNC vehicle.
(i)1. A TNC driver or TNC vehicle owner, or an owner or operator of a TNC digital advertising device that displays or disseminates an advertisement on behalf of another, is exempt from violations of this subsection or s.
All advertisements displayed on a TNC digital advertising device are subject to the Florida Deceptive and Unfair Trade Practices Act.
501.212(2) or any other violation of the Florida Deceptive and Unfair Trade Practices Act resulting from display of an advertisement on a digital advertising device unless the TNC driver, TNC vehicle owner, or owner or operator of a TNC digital advertising device has actual knowledge that the advertisement violates this section or the Florida Deceptive and Unfair Trade Practices Act.
(i)1. A TNC driver is immune from liability for the display of an advertisement that violates this section or the Florida Deceptive and Unfair Trade Practices Act unless the TNC driver is the advertiser.
2. A TNC that is not the owner or operator of a TNC digital advertising device is exempt from any violation of this subsection or the Florida Deceptive and Unfair Trade Practices Act resulting from display of an advertisement on a TNC digital advertising device unless the advertisement is displayed on behalf of the TNC.
2. The owner or operator of a TNC digital advertising device that displays an advertisement that is in violation of this section or the Florida Deceptive and Unfair Trade Practices Act is immune from liability under this section and the Florida Deceptive and Unfair Trade Practices Act for the violation if the advertisement was displayed in good faith and without actual knowledge of the violation, unless the advertiser is the same person as the owner or operator.
(j) For the purposes of this chapter, a TNC digital advertising device shall be deemed part of a TNC vehicle.
(j) For the purposes of this chapter, a TNC advertising device shall be deemed part of a TNC vehicle.
2. Maintain insurance coverage as required by subsection (7).
2. Maintain insurance coverage required in this section when the luxury ground TNC driver is logged on to a digital network or while the luxury ground TNC driver is engaged in a prearranged ride.
However, if a prospective luxury ground TNC satisfies minimum financial responsibility through compliance with s.
However, a prospective luxury ground TNC that satisfies minimum financial responsibility at the time of written notification to the department through compliance with s.
324.032(2) by using self-insurance when it gives the department written notification of its election to be regulated as a luxury ground TNC, the luxury ground TNC may use self-insurance to meet the insurance requirements of subsection (7), so long as such self-insurance complies with s.
324.032(2) by using self-insurance may continue to use self insurance to satisfy the requirements of this subparagraph.
324.032(2) and provides the limits of liability required by subsection (7).
(18) VICARIOUS LIABILITY.— (a) A TNC shall not be liable under the law of this state by reason of owning, operating, or maintaining the digital network accessed by a TNC driver or rider, or by being the TNC affiliated with a TNC driver, for harm to persons or property that results or arises out of the use, operation, or possession of a motor vehicle operating as a TNC vehicle while the driver is logged on to the digital network if:
(18) LIABILITY.— (a) A TNC shall not be liable under the law of this state by reason of owning, operating, or maintaining the digital network accessed by a TNC driver or rider, or by being the TNC affiliated with a TNC driver, for harm to persons or property that results or arises out of the use, operation, or possession of a motor vehicle operating as a TNC vehicle while the driver is logged on to the digital network if:
1. There is no negligence under this section or criminal wrongdoing under the federal criminal code or the criminal laws of this state on the part of the TNC;
1. There is no negligence or criminal wrongdoing on the part of the TNC;
and 3. The TNC is not the owner or bailee of the motor vehicle that causes harm to persons or property.
and 3. The TNC is not the owner or bailee of the motor vehicle that caused harm to persons or property.
(b) Nothing in this subsection shall alter or reduce the coverage or policy limits of the insurance requirements of subsection (7) or the liability of any person other than the vicarious liability of a TNC under paragraph (a).
(b) This subsection does not alter or reduce the required insurance coverages or policy limits under subsection (7) or the liability of any person under any other legal theory.
Section 2. This act shall take effect upon becoming a law.
Section 3. This act shall take effect upon becoming a law.
View plain text versions (3)

Action History

  1. Laid on Table, refer to CS/CS/HB 1039

  2. Substituted CS/CS/HB 1039

  3. Read 2nd time

  4. Retained on Special Order Calendar

  5. Retained on Special Order Calendar

  6. Placed on Special Order Calendar, 03/06/20

  7. Placed on Calendar, on 2nd reading

  8. CS/CS by Rules read 1st time

  9. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  10. CS/CS by- Rules; YEAS 16 NAYS 1

  11. On Committee agenda-- Rules, 03/02/20, 12:00 pm, 110 Senate Building

  12. CS by Innovation, Industry, and Technology read 1st time

  13. Now in Rules

  14. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  15. CS by Innovation, Industry, and Technology; YEAS 9 NAYS 1

  16. On Committee agenda-- Innovation, Industry, and Technology, 02/10/20, 1:30 pm, 110 Senate Building

  17. Now in Innovation, Industry, and Technology

  18. Favorable by Infrastructure and Security; YEAS 6 NAYS 1

  19. On Committee agenda-- Infrastructure and Security, 01/27/20, 4:00 pm, 110 Senate Building

  20. Introduced

  21. Referred to Infrastructure and Security; Innovation, Industry, and Technology; Rules

  22. Filed

Sponsors

  • Brandes · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 159 not signed on · 1 voted No

Sponsors (1)

  • Brandes

Co-sponsors (0)

None.

Not signed on (159)

159 members have not signed on to this bill.

Show all 159 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 16 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13100
Republican 3000
Total 16100
% of votes cast 94%6%0%0%
How each member voted (17)
Member Party Vote
Book — Yea
Brandes — Yea
Braynon — Yea
Farmer — Yea
Flores — Yea
Hutson — Yea
Lee — Yea
Montford — Yea
Simmons — Yea
Simpson — Yea
Stargel — Yea
Thurston — Yea
Benacquisto — Yea
Gibson — Nay
Bradley, Jennifer Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea

Official roll call →

Favorable

Passed 6 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Republican 0100
Total 6101
% of votes cast 75%13%0%13%
How each member voted (8)
Member Party Vote
Bean — Yea
Cruz — Yea
Stewart — Yea
Taddeo — Yea
Perry — Yea
Lee — Yea
Hutson — Not Voting
Hooper, Ed Republican Nay

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1352 do?
Transportation Companies; Defining the term “transportation network company digital advertising device”; deleting for-hire vehicles from the list of vehicles that are excluded from transportation network company (TNC) provisions; authorizing TNC drivers or their designees to contract with companies to install TNC digital advertising devices on TNC vehicles; defining the term “luxury ground transportation network company”; authorizing entities to elect to be regulated as luxury ground TNCs by notifying the Department of Financial Services, etc.
Who sponsors SB 1352?
SB 1352 is sponsored by Brandes.
What is the current status of SB 1352?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1352?
Track SB 1352 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 1352

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of SB 1352

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →