SB 1352 — Transportation Companies

Florida Senate - 2020 CS for CS for SB 1352 By the CommitteesCommittee on Rules;Innovation, Industry, and Technology;

and Innovation,Senator Industry,Brandes and580-03374-20 Technology;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.

redefiningrevising terms;and providing definitions;

definingdeleting for-hire vehicles from the termlist “transportationof networkvehicles companythat digitalare advertisingnot device”;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,drivers TNCand vehicle owners, owners and operators of TNC digital advertising devices,devices; and TNCs except under certain circumstances;

providing exceptions;

defining the term “luxury ground transportation network company”;

providing for the preemption ofover local law inon the governance of luxury ground TNCs, luxury ground TNC drivers, and luxury ground TNC vehicles;

3031 Be It Enacted by the Legislature of the State of Florida:

3233 Section 1. Present1. Paragraph paragraphs(b) (f) and (g) of subsection (1), present subsections (11) through (14), and present subsection (15) of section 627.748,320.01, 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 addedamended 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:

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:

85111 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. AAll TNCadvertisements driverdisplayed oron TNC vehicle owner, or an owner or operator of a TNC digital advertising device thatare displayssubject orto disseminatesthe anFlorida advertisementDeceptive onand behalfUnfair ofTrade another,Practices isAct. exempt from violations of this subsection or s.

501.212(2)(i)1. A orTNC anydriver otheris violationimmune offrom theliability Floridafor Deceptivethe 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.Act unless the TNC driver is the advertiser.

2. A2. The TNC that is not the owner or operator of a TNC digital advertising device isthat exemptdisplays froman anyadvertisement that is in violation of this subsectionsection or the Florida Deceptive and Unfair Trade Practices Act resultingis immune from displayliability ofunder anthis advertisementsection onand athe TNCFlorida digitalDeceptive advertisingand deviceUnfair unlessTrade Practices Act for the violation if the advertisement iswas displayed onin behalfgood faith and without actual knowledge of the TNC.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.

2. Maintain insurance coverage as required byin subsectionthis (7).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 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 whenmay itcontinue gives the department written notification of its election to be regulated as a luxury ground TNC, the luxury ground TNC may use self-insuranceself insurance to meetsatisfy the insurance requirements of subsectionthis (7),subparagraph. so long as such self-insurance complies with s.

324.032(2) and provides the limits of liability required by subsection (7).

(18) VICARIOUS(18) LIABILITY.— 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;

and 3. The TNC is not the owner or bailee of the motor vehicle that causescaused harm to persons or property.

(b) Nothing(b) This in this subsection shalldoes not alter or reduce the coveragerequired insurance coverages or policy limits ofunder the insurance requirements of subsection (7) or the liability of any person otherunder thanany theother vicariouslegal liabilitytheory. of a TNC under paragraph (a).

Section 2. This3. This act shall take effect upon becoming a law.