Bill Text: FL S0478 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motor Vehicle Rentals
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Banking and Insurance [S0478 Detail]
Download: Florida-2020-S0478-Introduced.html
Bill Title: Motor Vehicle Rentals
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Banking and Insurance [S0478 Detail]
Download: Florida-2020-S0478-Introduced.html
Florida Senate - 2020 SB 478 By Senator Perry 8-00531B-20 2020478__ 1 A bill to be entitled 2 An act relating to motor vehicle rentals; amending s. 3 212.0606, F.S.; defining and revising terms; requiring 4 specified surcharges to be imposed upon the lease or 5 rental of a certain motor vehicle if the lease or 6 rental is facilitated by a car-sharing service, a 7 motor vehicle rental company, or a peer-to-peer 8 vehicle-sharing program under certain circumstances; 9 creating s. 627.747, F.S.; defining terms; providing 10 financial responsibility requirements for peer-to-peer 11 vehicle-sharing programs; providing applicability; 12 requiring specified entities to maintain certain motor 13 vehicle liability insurance; providing certain 14 indemnification requirements; providing construction; 15 requiring a peer-to-peer vehicle-sharing program to 16 give certain notice to a peer-to-peer vehicle owner 17 relating to the implications of a lien under certain 18 circumstances; authorizing a certain insurer to 19 exclude coverage and the duty to defend or indemnify a 20 vehicle owner for any claim under his or her motor 21 vehicle liability insurance policy; providing 22 construction; requiring a peer-to-peer vehicle-sharing 23 program to collect, verify, and retain certain 24 records, subject to certain requirements; requiring 25 the program to provide the records to certain entities 26 under certain circumstances; authorizing a motor 27 vehicle insurer that defends or indemnifies a claim 28 arising from the operation of a peer-to-peer vehicle 29 that is excluded under the terms of its policy to seek 30 contribution against specified entities under certain 31 circumstances; providing that a peer-to-peer vehicle 32 sharing program has an insurable interest in a vehicle 33 during the sharing period; providing construction; 34 authorizing a peer-to-peer vehicle-sharing program to 35 own and maintain as the named insured policies of 36 motor vehicle liability insurance which provide 37 specified coverage; requiring each peer-to-peer 38 vehicle-sharing program agreement made in this state 39 to disclose specified information to the peer-to-peer 40 vehicle owner and the peer-to-peer vehicle driver; 41 requiring a peer-to-peer vehicle-sharing program to 42 have sole responsibility for certain equipment; 43 requiring the program to agree to indemnify and hold 44 harmless the owner for any damage to or theft of such 45 equipment under certain circumstances; authorizing the 46 program to seek indemnity from the driver for any loss 47 or damage to such equipment which occurs during the 48 sharing period; requiring a peer-to-peer vehicle 49 sharing program to verify certain information and 50 notify the peer-to-peer vehicle owner of certain 51 requirements related to safety recalls, subject to 52 certain requirements; providing restrictions and 53 requirements for the owner if he or she has received 54 notice of a certain safety recall on the vehicle; 55 prohibiting a peer-to-peer vehicle-sharing program 56 from entering into a certain agreement with a driver 57 unless the driver meets specified requirements related 58 to a driver license or authorization to drive peer-to 59 peer vehicles; prohibiting the program from renting a 60 motor vehicle to another until the driver license of 61 the peer-to-peer vehicle driver has been inspected and 62 verified as being unexpired; requiring the program to 63 keep specified records; requiring such records to be 64 open to inspection by specified entities; providing 65 that, under certain circumstances, the peer-to-peer 66 vehicle-sharing program is deemed to have met 67 specified requirements when the program requires the 68 driver to verify at a certain time that he or she is 69 duly licensed and that the license is unexpired; 70 providing an effective date. 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. Section 212.0606, Florida Statutes, is amended 75 to read: 76 212.0606 Rental car surcharge.— 77 (1) As used in this section, the term: 78 (a) “Car-sharing service” means a membership-based 79 organization or business, or division thereof, which requires 80 the payment of an application fee or a membership fee and 81 provides member access to motor vehicles: 82 1. Only at locations that are not staffed by car-sharing 83 service personnel employed solely for the purpose of interacting 84 with car-sharing service members; 85 2. Twenty-four hours per day, 7 days per week; 86 3. Only through automated means, including, but not limited 87 to, a smartphone application or an electronic membership card; 88 4. On an hourly basis or for a shorter increment of time; 89 5. Without a separate fee for refueling the motor vehicle; 90 6. Without a separate fee for minimum financial 91 responsibility liability insurance; and 92 7. Owned or controlled by the car-sharing service or its 93 affiliates. 94 (b) “Dealer” means a car-sharing service, motor vehicle 95 rental company, or peer-to-peer vehicle-sharing program. 96 (c) “Motor vehicle rental company” means an entity that is 97 in the business of providing motor vehicles to the public under 98 a rental agreement for 30 days or less for financial 99 consideration. 100 (d) “Peer-to-peer vehicle-sharing program” has the same 101 meaning as in s. 627.747. 102 (2)(1)Except as provided in subsection (3)(2), a 103 surcharge of $2 per day or any part of a day is imposed upon the 104 lease or rental of a motor vehicle that islicensed for hire and105 designed to carry fewer than nine passengers, regardless of 106 whether the motor vehicle is licensed in this state, if the 107 lease or rental is facilitated, in person or through digital 108 means, by a car-sharing service, a motor vehicle rental company, 109 or a peer-to-peer vehicle-sharing program for financial 110 consideration without transfer of the title of the motor 111 vehicle. The surcharge applies to only the first 30 days of the 112 term of a lease or rental. The surcharge is subject to all 113 applicable taxes imposed by this chapter. 114 (3)(2)A member of a car-sharing service who uses a motor 115 vehicle as described in subsection (2)(1)for less than 24 116 hours pursuant to an agreement with the car-sharing service 117 shall pay a surcharge of $1 per usage. A member of a car-sharing 118 service who uses the same motor vehicle for 24 hours or more 119 shall pay a surcharge of $2 per day or any part of a day as 120 provided in subsection (2)(1). The surcharge imposed under this 121 subsection does not apply to the lease, rental, or use of a 122 motor vehicle from a location owned, operated, or leased by or 123 for the benefit of an airport or airport authority 124Forpurposes of this subsection, the term “car-sharing125service” means a membership-based organization or business, or126division thereof, which requires the payment of an application127or membership fee and provides member access to motor vehicles:128(a) Only at locations that are not staffed by car-sharing129service personnel employed solely for the purpose of interacting130with car-sharing service members;131(b) Twenty-four hours per day, 7 days per week;132(c) Only through automated means, including, but not133limited to, smartphone applications or electronic membership134cards;135(d) On an hourly basis or for a shorter increment of time;136(e) Without a separate fee for refueling the motor vehicle;137(f) Without a separate fee for minimum financial138responsibility liability insurance; and139(g) Owned or controlled by the car-sharing service or its140affiliates. 141 142The surcharge imposed under this subsection does not apply to143the lease, rental, or use of a motor vehicle from a location144owned, operated, or leased by or for the benefit of an airport145or airport authority.146 (4)(3)(a) Notwithstanding s. 212.20, and less the costs of 147 administration, 80 percent of the proceeds of this surcharge 148 shall be deposited in the State Transportation Trust Fund, 15.75 149 percent of the proceeds of this surcharge shall be deposited in 150 the Tourism Promotional Trust Fund created in s. 288.122, and 151 4.25 percent of the proceeds of this surcharge shall be 152 deposited in the Florida International Trade and Promotion Trust 153 Fund. For the purposes of this subsection, the term “proceeds of 154 this surcharge”of the surchargemeans all funds collected and 155 received by the department under this section, including 156 interest and penalties on delinquent surcharges. The department 157 shall provide the Department of Transportation rental car 158 surcharge revenue information for the previous state fiscal year 159 by September 1 of each year. 160 (b) Notwithstanding any other provision of law, the 161 proceeds deposited in the State Transportation Trust Fund shall 162 be allocated on an annual basis in the Department of 163 Transportation’s work program to each department district, 164 except the Turnpike District. The amount allocated to each 165 district shall be based on the amount of proceeds attributed to 166 the counties within each respective district. 167 (5)(a)(4)Except as provided in this section, the 168 department shall administer, collect, and enforce the surcharge 169 as provided in this chapter. 170 (b)(a)The department shall require a dealerdealersto 171 report surcharge collections according to the county to which 172 the surcharge was attributed. For purposes of this section, the 173 surcharge shall be attributed to the county where the rental 174 agreement was entered into. 175 (c)(b)A dealerDealerswho collectscollectthe rental car 176 surcharge shall report to the department all surcharge revenues 177 attributed to the county where the rental agreement was entered 178 into on a timely filed return for each required reporting 179 period. The provisions of this chapter which apply to interest 180 and penalties on delinquent taxes apply to the surcharge. The 181 surcharge shall not be included in the calculation of estimated 182 taxes pursuant to s. 212.11. The dealer’s credit provided in s. 183 212.12 does not apply to any amount collected under this 184 section. 185 (6)(5)The surcharge imposed by this section does not apply 186 to a motor vehicle provided at no charge to a person whose motor 187 vehicle is being repaired, adjusted, or serviced by the entity 188 providing the replacement motor vehicle. 189 Section 2. Section 627.747, Florida Statutes, is created to 190 read: 191 627.747 Peer-to-peer vehicle-sharing program.— 192 (1) DEFINITIONS.—As used in this section, the term: 193 (a) “Peer-to-peer vehicle” or “vehicle” means a vehicle 194 made available for sharing through a peer-to-peer vehicle 195 sharing program, used nonexclusively for peer-to-peer vehicle 196 sharing, and used by the peer-to-peer vehicle owner for personal 197 use outside of peer-to-peer vehicle sharing. 198 (b) “Peer-to-peer vehicle delivery period” or “delivery 199 period” means the period of time during which a peer-to-peer 200 vehicle is being delivered to the location where the peer-to 201 peer vehicle-sharing start time commences, if applicable, as 202 documented by the governing peer-to-peer vehicle-sharing program 203 agreement. 204 (c) “Peer-to-peer vehicle driver” or “driver” means an 205 individual who has been authorized to drive the peer-to-peer 206 vehicle by the peer-to-peer vehicle owner under a peer-to-peer 207 vehicle-sharing program agreement. 208 (d) “Peer-to-peer vehicle owner” or “owner” means the 209 registered owner of a peer-to-peer vehicle made available for 210 sharing to peer-to-peer vehicle drivers through a peer-to-peer 211 vehicle-sharing program. 212 (e) “Peer-to-peer vehicle sharing” or “sharing” means the 213 authorized use of a peer-to-peer vehicle by an individual other 214 than the peer-to-peer vehicle owner through a peer-to-peer 215 vehicle-sharing program. 216 (f) “Peer-to-peer vehicle-sharing agreement” or “agreement” 217 means the terms and conditions applicable to a peer-to-peer 218 vehicle owner and a peer-to-peer vehicle driver which govern the 219 use of a peer-to-peer vehicle through a peer-to-peer vehicle 220 sharing program. 221 (g) “Peer-to-peer vehicle-sharing period” or “sharing 222 period” means the period of time that commences with the peer 223 to-peer vehicle delivery period or, if there is no peer-to-peer 224 vehicle delivery period, that commences with the peer-to-peer 225 vehicle-sharing start time and in either case ends at the peer 226 to-peer vehicle-sharing termination time. 227 (h) “Peer-to-peer vehicle-sharing program” or “program” 228 means a business platform that connects peer-to-peer vehicle 229 owners with peer-to-peer vehicle drivers to enable the sharing 230 of peer-to-peer vehicles for financial consideration. 231 (i) “Peer-to-peer vehicle-sharing start time” or “start 232 time” means the time when the peer-to-peer vehicle becomes 233 subject to the control of the peer-to-peer vehicle driver at or 234 after the time the reservation of a peer-to-peer vehicle is 235 scheduled to begin, as documented in the records of a peer-to 236 peer vehicle-sharing program. 237 (j) “Peer-to-peer vehicle-sharing termination time” or 238 “termination time” means the earliest of the following events: 239 1. The expiration of the agreed-upon period of time 240 established for the use of a peer-to-peer vehicle according to 241 the terms of the vehicle-sharing program agreement, if the peer 242 to-peer vehicle is delivered to the location agreed upon in the 243 peer-to-peer vehicle-sharing program agreement; 244 2. The expiration of the time period established for use of 245 the peer-to-peer vehicle when the peer-to-peer vehicle is 246 returned to an alternate location agreed upon by the peer-to 247 peer vehicle owner and the peer-to-peer vehicle driver as 248 communicated through a peer-to-peer vehicle-sharing program; or 249 3. The peer-to-peer vehicle owner or the owner’s authorized 250 designee takes possession and control of the peer-to-peer 251 vehicle. 252 (2) FINANCIAL RESPONSIBILITY.— 253 (a) A peer-to-peer vehicle-sharing program shall assume the 254 liability of a peer-to-peer vehicle owner, except as provided in 255 paragraph (b), for bodily injury or property damage to third 256 parties or uninsured and underinsured motorist or personal 257 injury protection losses during the peer-to-peer vehicle-sharing 258 period in an amount stated in the peer-to-peer vehicle-sharing 259 program. 260 (b) The assumption of liability under paragraph (a) does 261 not apply to any peer-to-peer vehicle owner when: 262 1. A peer-to-peer vehicle owner makes an intentional or 263 fraudulent material misrepresentation or omission to the peer 264 to-peer vehicle-sharing program before the peer-to-peer vehicle 265 sharing period in which the loss occurred; or 266 2. A peer-to-peer vehicle owner acts in concert with a 267 peer-to-peer vehicle driver who fails to return the vehicle 268 pursuant to the terms of the peer-to-peer vehicle-sharing 269 program agreement. 270 (c) The assumption of liability under paragraph (a) applies 271 to bodily injury and property damage losses by damaged third 272 parties as required under s. 324.021(7). 273 (d) A peer-to-peer vehicle-sharing program shall ensure 274 that, during each peer-to-peer vehicle-sharing period, the peer 275 to-peer vehicle owner and the peer-to-peer vehicle driver are 276 insured under a motor vehicle liability insurance policy that 277 provides insurance coverage in amounts no less than the minimum 278 amounts provided in s. 324.021(7), and: 279 1. Recognizes that the peer-to-peer vehicle insured under 280 the policy is made available and used through a peer-to-peer 281 vehicle-sharing program; or 282 2. Does not exclude use of a peer-to-peer vehicle by a 283 peer-to-peer vehicle driver. 284 (e) The insurance requirement under paragraph (d) may be 285 satisfied by motor vehicle liability insurance maintained by a 286 peer-to-peer vehicle owner; a peer-to-peer vehicle driver; a 287 peer-to-peer vehicle-sharing program; or by a peer-to-peer 288 vehicle owner, a peer-to-peer vehicle driver, and a peer-to-peer 289 vehicle-sharing program. 290 (f) The insurance maintained under paragraph (e) which 291 satisfies the insurance requirement under paragraph (d) must be 292 primary during each peer-to-peer vehicle-sharing period. 293 (g) The peer-to-peer vehicle-sharing program must assume 294 primary liability for a claim when it is providing, in whole or 295 in part, the insurance required under paragraphs (d) and (e) 296 and: 297 1. A dispute exists as to who was in control of the peer 298 to-peer vehicle at the time of the loss; and 299 2. The peer-to-peer vehicle-sharing program does not have 300 available, did not retain, or fails to provide the information 301 required in paragraph (11)(c). 302 (h) The peer-to-peer vehicle owner’s insurer shall 303 indemnify the peer-to-peer vehicle-sharing program to the extent 304 of the insurer’s obligation, if any, under the applicable 305 insurance policy, if it is determined that the peer-to-peer 306 vehicle owner was in control of the peer-to-peer vehicle at the 307 time of the loss. 308 (i) If insurance maintained by a peer-to-peer vehicle owner 309 or peer-to-peer vehicle driver in accordance with paragraph (e) 310 lapses or does not provide the required coverage, insurance 311 maintained by a peer-to-peer vehicle-sharing program shall 312 provide the coverage required by paragraph (d) beginning with 313 the first dollar of a claim and the insurer has the duty to 314 defend such claim except under circumstances specified in 315 paragraph (b). 316 (j) Coverage under a motor vehicle insurance policy 317 maintained by the peer-to-peer vehicle-sharing program may not 318 be dependent on another motor vehicle insurer first denying a 319 claim. 320 (k) This subsection does not: 321 1. Limit the liability of the peer-to-peer vehicle-sharing 322 program for any act or omission of the program itself which 323 results in injury to any person as a result of the use of a 324 peer-to-peer vehicle through the peer-to-peer vehicle-sharing 325 program; or 326 2. Limit the ability of the peer-to-peer vehicle-sharing 327 program to seek indemnification, by contract, from the peer-to 328 peer vehicle owner or the peer-to-peer vehicle driver for 329 economic losses the peer-to-peer vehicle-sharing program 330 sustains which result from a breach of the terms and conditions 331 of the peer-to-peer vehicle-sharing program agreement. 332 (3) NOTIFICATION OF IMPLICATIONS OF A LIEN.—At the time a 333 peer-to-peer vehicle owner registers a vehicle for use through a 334 peer-to-peer vehicle-sharing program and before the owner makes 335 the vehicle available for use through the program, the program 336 must notify the owner that, if the vehicle has a lien against 337 it, the use of the vehicle through the program, including use 338 without physical damage coverage, may violate the terms of the 339 contract with the lienholder. 340 (4) EXCLUSIONS IN MOTOR VEHICLE LIABILITY INSURANCE 341 POLICIES.— 342 (a) An authorized insurer that writes motor vehicle 343 liability insurance in this state may exclude any coverage and 344 the duty to defend or indemnify for any claim under the peer-to 345 peer vehicle owner’s motor vehicle liability insurance policy, 346 including, but not limited to: 347 1. Liability coverage for bodily injury and property 348 damage; 349 2. Personal injury protection coverage; 350 3. Uninsured and underinsured motorist coverage; 351 4. Medical payments coverage; 352 5. Comprehensive physical damage coverage; and 353 6. Collision physical damage coverage. 354 (b) This subsection does not invalidate or limit an 355 exclusion contained in a motor vehicle liability insurance 356 policy, including any insurance policy in use or approved for 357 use which excludes coverage for motor vehicles made available 358 for rent, hire, or for any business use, including peer-to-peer 359 vehicle sharing. 360 (5) RECORDKEEPING.— 361 (a) A peer-to-peer vehicle-sharing program must collect and 362 verify records pertaining to the use of peer-to-peer vehicles, 363 including, but not limited to, times used, fees paid by the 364 peer-to-peer vehicle driver, and revenues received by the peer 365 to-peer vehicle owner. 366 (b) Pursuant to all applicable federal and state privacy 367 obligations, and after receiving the informed consent of the 368 peer-to-peer vehicle owner and the peer-to-peer vehicle driver, 369 a peer-to-peer vehicle-sharing program must provide the 370 information collected pursuant to paragraph (a), upon request, 371 to the owner, the owner’s insurer, and the driver’s insurer to 372 facilitate a claim investigation. 373 (c) The program must retain the records required in this 374 subsection for not less than 3 years. 375 (6) CONTRIBUTION AGAINST INDEMNIFICATION.—A motor vehicle 376 insurer that defends or indemnifies a claim arising from the 377 operation of a peer-to-peer vehicle that is excluded under the 378 terms of its policy may seek contribution against the peer-to 379 peer vehicle-sharing program if the claim is made against the 380 peer-to-peer vehicle owner or the peer-to-peer vehicle driver 381 for loss or injury that occurs during the peer-to-peer vehicle 382 sharing period. 383 (7) INSURABLE INTEREST.— 384 (a) A peer-to-peer vehicle-sharing program has an insurable 385 interest in a vehicle during the sharing period. 386 (b) This subsection does not impose liability on a peer-to 387 peer vehicle-sharing program to maintain the coverage mandated 388 by subsection (2). 389 (c) A peer-to-peer vehicle-sharing program may own and 390 maintain as the named insured one or more policies of motor 391 vehicle liability insurance which provide coverage for: 392 1. Liabilities assumed by the peer-to-peer vehicle-sharing 393 program under agreement; 394 2. Liability of the peer-to-peer vehicle owner; 395 3. Damage or loss to the vehicle; or 396 4. Liability of the peer-to-peer vehicle driver. 397 (8) CONSUMER PROTECTIONS.— 398 (a) Each peer-to-peer vehicle-sharing program agreement 399 made in this state must disclose to the peer-to-peer vehicle 400 owner and the peer-to-peer vehicle driver: 401 1. Any right of a program to seek indemnification from the 402 owner or the driver for economic losses the program sustains 403 which result from a breach of the terms and conditions of the 404 agreement; 405 2. That a motor vehicle liability insurance policy issued 406 to the owner for the peer-to-peer vehicle or to the driver does 407 not provide defense indemnity for any claim asserted by the 408 program; 409 3. That the program’s financial responsibility afforded to 410 the owner and driver is available only during the peer-to-peer 411 vehicle-sharing period; 412 4. That, for any use of the peer-to-peer vehicle by the 413 driver after the peer-to-peer vehicle-sharing termination time, 414 the driver and owner may not have coverage; 415 5. The daily rate, fees, costs, and, if applicable, any 416 insurance or protection package costs that are charged to the 417 owner or driver; and 418 6. That the peer-to-peer vehicle owner’s motor vehicle 419 liability insurance may not provide coverage for the vehicle. 420 (b) Each peer-to-peer vehicle-sharing program agreement 421 made in this state must disclose to the peer-to-peer vehicle 422 driver: 423 1. An emergency telephone number to contact personnel 424 capable of fielding roadside assistance requests and other 425 customer service inquiries; and 426 2. Any conditions under which a driver must maintain a 427 personal motor vehicle insurance policy, and any required 428 coverage limits, on a primary basis in order to rent the peer 429 to-peer vehicle. 430 (9) RESPONSIBILITY FOR EQUIPMENT.—The peer-to-peer vehicle 431 sharing program has sole responsibility for any equipment that 432 is put in or on the vehicle, such as a GPS system or other 433 device, used to monitor or facilitate the sharing, and must 434 agree to indemnify and hold harmless the owner for any damage to 435 or theft of such equipment during the sharing period which is 436 not caused by the owner. The program may seek indemnity from the 437 driver for any loss or damage to such equipment which occurs 438 during the sharing period. 439 (10) AUTOMOBILE SAFETY RECALLS.— 440 (a) At the time an owner registers a vehicle for use in the 441 program, and before the owner makes the vehicle available for 442 use, the peer-to-peer vehicle-sharing program must: 443 1. Verify that the vehicle does not have any safety recalls 444 for which repairs have not been made; and 445 2. Notify the owner of the requirements under paragraph 446 (c). 447 (b) The program must periodically, at least once in each 448 72-hour period, verify that any vehicle available for use 449 through the program is not subject to an open safety recall for 450 which repairs have not been made. 451 (c) If the peer-to-peer vehicle owner has received notice 452 of a safety recall on the vehicle, he or she may not make the 453 vehicle available for use through a peer-to-peer vehicle-sharing 454 program until the safety recall repair has been made. Upon 455 receiving notice of a safety recall on the vehicle when it is 456 available for use through the program, the owner shall remove 457 the vehicle from availability as soon as practicable, but in no 458 case more than 48 hours after receiving the notice of the safety 459 recall, and until the safety recall repair has been made. Upon 460 receiving notice of a safety recall on the vehicle, and in no 461 case more than 48 hours after such receipt, when such vehicle is 462 in the possession of the driver, the owner must notify the 463 program of the safety recall so that the program may notify the 464 driver and the vehicle can be removed from use until the owner 465 effects the necessary safety recall repair. 466 (11) DRIVER LICENSE VERIFICATION AND RETENTION.— 467 (a) A peer-to-peer vehicle-sharing program may not enter 468 into a peer-to-peer vehicle-sharing program agreement with a 469 driver unless the driver who will operate the peer-to-peer 470 vehicle: 471 1. Holds an unexpired driver license in this state which 472 authorizes the driver to operate vehicles of the class of the 473 peer-to-peer vehicle; or 474 2. Is a nonresident who: 475 a. Has an unexpired driver license issued by the state or 476 country of the driver’s residence which authorizes the driver in 477 that state or country to drive vehicles of the class of the 478 peer-to-peer vehicle; and 479 b. Is at least the same age as that required of a resident 480 to drive. 481 (b) A peer-to-peer vehicle-sharing program may not rent a 482 motor vehicle to another until the driver license of the peer 483 to-peer vehicle driver has been inspected and the program has 484 verified that the driver license is unexpired. 485 (c) A peer-to-peer vehicle-sharing program must keep a 486 record of: 487 1. The registration number of the peer-to-peer vehicle; 488 2. The name and address of the peer-to-peer vehicle driver; 489 3. The driver license number of the peer-to-peer vehicle 490 driver and the place where the license was issued; and 491 4. Each other person, if any, who will operate the peer-to 492 peer vehicle. 493 (d) Such record must be open to inspection by any police 494 officer, or officer or employee of the Department of Law 495 Enforcement. 496 (e) If a peer-to-peer vehicle-sharing program rents a peer 497 to-peer vehicle to a driver through digital, electronic, or 498 other means that allow the driver to obtain possession of the 499 vehicle without direct contact with an agent, an employee of the 500 peer-to-peer vehicle-sharing program, or the vehicle owner, or 501 if the driver does not execute a peer-to-peer vehicle-sharing 502 program agreement at the time he or she takes possession of the 503 vehicle, the peer-to-peer vehicle-sharing program is deemed to 504 have met all requirements of paragraphs (a) and (b) when the 505 program, at the time the driver enrolls in a membership program, 506 master agreement, or other means of establishing use of the 507 program’s services, or any time thereafter, requires the driver 508 to verify that he or she is duly licensed and that the license 509 is unexpired. 510 Section 3. This act shall take effect July 1, 2020.