Bill Amendment: FL S1148 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Vehicles for Rent or Lease
Status: 2019-05-03 - Died in Finance and Tax, companion bill(s) passed, see CS/CS/CS/HB 385 (Ch. 2019-169) [S1148 Detail]
Download: Florida-2019-S1148-Senate_Committee_Amendment_898880.html
Bill Title: Vehicles for Rent or Lease
Status: 2019-05-03 - Died in Finance and Tax, companion bill(s) passed, see CS/CS/CS/HB 385 (Ch. 2019-169) [S1148 Detail]
Download: Florida-2019-S1148-Senate_Committee_Amendment_898880.html
Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1148 Ì898880OÎ898880 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Infrastructure and Security (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 212.0606, Florida Statutes, is amended 6 to read: 7 212.0606 Rental car surcharge.— 8 (1) Except as provided in subsection (2), a surcharge of $2 9 per day or any part of a day is imposed upon the lease or rental 10 of a motor vehicle licensed for hire and designed to carry fewer 11 than nine passengers regardless of whether the motor vehicle is 12 licensed in this state. The surcharge applies to only the first 13 30 days of the term of a lease or rental. The surcharge is 14 subject to all applicable taxes imposed by this chapter. For 15 purposes of this subsection, the term “rental of a motor 16 vehicle” means the renting or leasing of a motor vehicle when 17 the rental or lease is facilitated, in person or through digital 18 means, by a motor vehicle rental company as defined in s. 19 320.01(47), a car-sharing service as defined in s. 320.01(46), 20 or a peer-to-peer car sharing program as defined in s. 21 320.01(48) for consideration without transfer of the title of 22 the motor vehicle. 23 (2) A member of a car-sharing service as defined in 24 320.01(46) who uses a motor vehicle as described in subsection 25 (1) for less than 24 hours pursuant to an agreement with the 26 car-sharing service shall pay a surcharge of $1 per usage. A 27 member of a car-sharing service who uses the same motor vehicle 28 for 24 hours or more shall pay a surcharge of $2 per day or any 29 part of a day as provided in subsection (1).For purposes of30this subsection, the term “car-sharing service” means a31membership-based organization or business, or division thereof,32which requires the payment of an application or membership fee33and provides member access to motor vehicles:34(a) Only at locations that are not staffed by car-sharing35service personnel employed solely for the purpose of interacting36with car-sharing service members;37(b) Twenty-four hours per day, 7 days per week;38(c) Only through automated means, including, but not39limited to, smartphone applications or electronic membership40cards;41(d) On an hourly basis or for a shorter increment of time;42(e) Without a separate fee for refueling the motor vehicle;43(f) Without a separate fee for minimum financial44responsibility liability insurance; and45(g) Owned or controlled by the car-sharing service or its46affiliates.47 48 The surcharge imposed under this subsection does not apply to 49 the lease, rental, or use of a motor vehicle from a location 50 owned, operated, or leased by or for the benefit of an airport 51 or airport authority. 52 (3) A peer-to-peer car-sharing program as defined in 53 320.01(48) or a motor vehicle rental company as defined in 54 320.01(47) which rents a motor vehicle as described in 55 subsection (1) for less than 24 hours must pay a surcharge of $1 56 per usage. 57 (4)(3)(a) Notwithstanding s. 212.20, and less the costs of 58 administration, 80 percent of the proceeds of this surcharge 59 shall be deposited in the State Transportation Trust Fund, 15.75 60 percent of the proceeds of this surcharge shall be deposited in 61 the Tourism Promotional Trust Fund created in s. 288.122, and 62 4.25 percent of the proceeds of this surcharge shall be 63 deposited in the Florida International Trade and Promotion Trust 64 Fund. For the purposes of this subsection, the term “proceeds of 65 this surcharge”of the surchargemeans all funds collected and 66 received by the department under this section, including 67 interest and penalties on delinquent surcharges. The department 68 shall provide the Department of Transportation rental car 69 surcharge revenue information for the previous state fiscal year 70 by September 1 of each year. 71 (b) Notwithstanding any other provision of law, the 72 proceeds deposited in the State Transportation Trust Fund shall 73 be allocated on an annual basis in the Department of 74 Transportation’s work program to each department district, 75 except the Turnpike District. The amount allocated to each 76 district shall be based on the amount of proceeds attributed to 77 the counties within each respective district. 78 (5)(4)Except as provided in this section, the department 79 shall administer, collect, and enforce the surcharge as provided 80 in this chapter. 81 (a) For purposes of this subsection, the term “dealer” 82 means a motor vehicle rental company as defined in s. 83 320.01(47), a car-sharing service as defined in s. 320.01(46), 84 or a peer-to-peer car sharing program as defined in s. 85 320.01(48). 86 (b)(a)The department shall require dealers to report 87 surcharge collections according to the county to which the 88 surcharge was attributed. For purposes of this section, the 89 surcharge shall be attributed to the county where the rental 90 agreement was entered into. 91 (c)(b)Dealers who collect the rental car surcharge shall 92 report to the department all surcharge revenues attributed to 93 the county where the rental agreement was entered into on a 94 timely filed return for each required reporting period. The 95 provisions of this chapter which apply to interest and penalties 96 on delinquent taxes apply to the surcharge. The surcharge shall 97 not be included in the calculation of estimated taxes pursuant 98 to s. 212.11. The dealer’s credit provided in s. 212.12 does not 99 apply to any amount collected under this section. 100 (6)(5)The surcharge imposed by this section does not apply 101 to a motor vehicle provided at no charge to a person whose motor 102 vehicle is being repaired, adjusted, or serviced by the entity 103 providing the replacement motor vehicle. 104 Section 2. Subsections (46), (47), and (48) are added to 105 section 320.01, Florida Statutes, to read: 106 320.01 Definitions, general.—As used in the Florida 107 Statutes, except as otherwise provided, the term: 108 (46) “Car-sharing service” means a membership-based 109 organization or business, or division thereof, which requires 110 the payment of an application fee or a membership fee and 111 provides member access to motor vehicles: 112 (a) Only at locations that are not staffed by car-sharing 113 service personnel employed solely for the purpose of interacting 114 with car-sharing service members; 115 (b) Twenty-four hours per day, 7 days per week; 116 (c) Only through automated means, including, but not 117 limited to, smartphone applications or electronic membership 118 cards; 119 (d) On an hourly basis or for a shorter increment of time; 120 (e) Without a separate fee for refueling the motor vehicle; 121 (f) Without a separate fee for minimum financial 122 responsibility liability insurance; and 123 (g) Owned or controlled by the car-sharing service or its 124 affiliates. 125 (47) “Motor vehicle rental company” means any person who is 126 in the business of providing motor vehicles to the public under 127 a rental agreement for a period of 30 days or less for 128 consideration. 129 (48) “Peer-to-peer car-sharing program” means a business 130 platform that connects vehicle owners with drivers to enable the 131 renting of vehicles for financial consideration. 132 Section 3. Section 320.0605, Florida Statutes, is amended 133 to read: 134 320.0605 Certificate of registration; possession required; 135 exception.— 136 (1)(a) The registration certificate or an official copy 137 thereof, a true copy or an electronic copy of rental or lease 138 documentation issued for a motor vehicle or issued for a 139 replacement vehicle in the same registration period, a temporary 140 receipt printed upon self-initiated electronic renewal of a 141 registration via the Internet, or a cab card issued for a 142 vehicle registered under the International Registration Plan 143 shall, at all times while the vehicle is being used or operated 144 on the roads of this state, be in the possession of the operator 145 thereof or be carried in the vehicle for which issued and shall 146 be exhibited upon demand of any authorized law enforcement 147 officer or any agent of the department, except for a vehicle 148 registered under s. 320.0657. The provisions of this section do 149 not apply during the first 30 days after purchase of a 150 replacement vehicle. A violation of this section is a 151 noncriminal traffic infraction, punishable as a nonmoving 152 violation as provided in chapter 318. 153 (b)1. The act of presenting to a law enforcement officer or 154 agent of the department an electronic device displaying an 155 electronic copy of rental or lease documentation does not 156 constitute consent for the officer or agent to access any 157 information on the device other than the displayed rental or 158 lease documentation. 159 2. The person who presents the device to the officer or 160 agent assumes liability for any resulting damage to the device. 161 (2) Rental or lease documentation that is sufficient to 162 satisfy the requirement in subsection (1) includes the 163 following: 164 (a) Dateof rentaland time ofexit fromrentalfacility; 165 (b)Rental station identification;166(c)Rental agreement number; 167 (c)(d)Rental vehicle identification number; 168 (d)(e)Rental vehicle license plate number and state of 169 registration; 170 (e)(f)Vehicle’s make, model, and color; 171 (f)(g)Vehicle’s mileage; and 172 (g)(h)Authorized renter’s name. 173 Section 4. Section 322.38, Florida Statutes, is amended to 174 read: 175 322.38 Renting motor vehicle to another.— 176 (1) ANoperson may notshallrent a motor vehicle to any 177 other person unless the otherlatterperson isthenduly 178 licensed,or, if a nonresident,he or she shall belicensed 179 under the laws of the state or country of his or her residence, 180 except a nonresident whose home state or country does not 181 require that an operator be licensed. 182 (2) ANoperson may notshallrent a motor vehicle to 183 another until he or she has inspected the driver license of the 184 person to whom the vehicle is to be rented,and hascompared and185 verified that the driver license is unexpiredsignature thereon186with the signature of such person written in his or her187presence. 188 (3) Every person renting a motor vehicle to another shall 189 keep a record of the registration number of the motor vehicle so 190 rented, the name and address of the person to whom the vehicle 191 is rented, the number of the license of said latter person, and 192 thedate andplacewhen andwhere thesaidlicense was issued. 193 Such record shall be open to inspection by any police officer, 194 or officer or employee of the department. 195 (4) If a motor vehicle is rented to a person through 196 digital, electronic, or other means that allow the renter to 197 obtain possession of the motor vehicle without direct contact 198 with an owner or agent or an employee of an entity owning the 199 vehicle, or if the renter does not execute a rental contract at 200 the time that he or she takes possession of the vehicle, it must 201 be deemed that the requirements of subsections (1) and (2) are 202 met when, at the time the renter enrolls in a membership 203 program, master agreement, or other means of establishing use of 204 the motor vehicle through a motor vehicle rental company as 205 defined in s. 320.01(47) or peer-to-peer car-sharing program as 206 defined in s. 320.01(48), or any time thereafter, the renter is 207 required to verify that he or she is duly licensed and that the 208 license is unexpired. 209 Section 5. Section 331.17, Florida Statutes, is created to 210 read: 211 331.17 Transportation services at airports.—In order to 212 facilitate the provision of service on the property of a 213 publicly owned airport that is open for public use, a motor 214 vehicle rental company as defined in 320.01(47), a car-sharing 215 service as defined in s. 320.01(46), or a peer-to-peer car 216 sharing program defined in s 320.01(48) must enter an agreement 217 with the airport to provide such services. 218 Section 6. This act shall take effect July 1, 2019. 219 220 ================= T I T L E A M E N D M E N T ================ 221 And the title is amended as follows: 222 Delete everything before the enacting clause 223 and insert: 224 A bill to be entitled 225 An act relating to vehicles for rent or lease; 226 amending s. 212.0606, F.S.; defining the term “rental 227 of a motor vehicle”; requiring a member of a certain 228 car-sharing service who uses a motor vehicle for less 229 than a specified period of time pursuant to an 230 agreement with the car-sharing service to pay a 231 specified surcharge per usage; deleting a definition; 232 requiring that a certain peer-to-peer car-sharing 233 program or motor vehicle rental company pay a 234 specified surcharge per usage; defining the term 235 “dealer”; amending s. 320.01, F.S.; defining terms; 236 amending s. 320.0605, F.S.; authorizing an electronic 237 copy of certain rental or lease documentation to be in 238 the possession of the vehicle operator or carried in 239 the vehicle and to be exhibited upon demand of any 240 authorized law enforcement officer or any agent of the 241 Department of Highway Safety and Motor Vehicles; 242 providing that the act of presenting a certain 243 electronic device to the officer or agent does not 244 constitute consent for the officer or agent to access 245 any information on the device other than the displayed 246 rental or lease documentation; providing for 247 assumption of liability for any resulting damage to 248 the device; revising requirements for rental or lease 249 documentation; amending s. 322.38, F.S.; prohibiting a 250 person from renting a motor vehicle to another person 251 unless he or she has verified that the renter’s driver 252 license is unexpired; requiring that a person renting 253 a motor vehicle to another person keep a record of the 254 place where the renter’s license was issued; providing 255 that, under certain circumstances, specified 256 requirements are deemed met when a renter is required 257 at certain times to verify that he or she is duly 258 licensed and that the license is unexpired; creating 259 s. 331.17, F.S.; requiring a motor vehicle rental 260 company, car-sharing service, or a peer-to-peer car 261 sharing program to enter an agreement with certain 262 publicly owned airports for certain purposes; 263 providing an effective date.