Florida Senate - 2015                                    SB 1326
       By Senator Brandes
       22-00812B-15                                          20151326__
    1                        A bill to be entitled                      
    2         An act relating to transportation network companies;
    3         amending s. 316.003, F.S.; defining terms; creating s.
    4         316.680, F.S.; providing transportation network
    5         company (TNC) and TNC driver insurance requirements;
    6         creating s. 316.682, F.S.; providing TNC driver
    7         requirements; creating s. 316.684, F.S.; prohibiting a
    8         TNC from owning, controlling, operating, or managing
    9         the vehicles used by TNC drivers; providing that a
   10         TNC’s insurer shall require, at a minimum, any motor
   11         vehicle that a TNC driver will use to meet certain
   12         safety and emissions requirements; requiring a TNC
   13         driver to exclusively accept rides booked through the
   14         TNC’s digital network or software application service;
   15         prohibiting a TNC driver from soliciting or accepting
   16         street hails; providing an effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Subsections (94), (95), and (96) are added to
   21  section 316.003, Florida Statutes, to read:
   22         316.003 Definitions.—The following words and phrases, when
   23  used in this chapter, shall have the meanings respectively
   24  ascribed to them in this section, except where the context
   25  otherwise requires:
   27  licensed pursuant to this chapter and operating in this state
   28  which uses a digital network or software application service to
   29  connect passengers to TNC services provided by TNC drivers. The
   30  term does not include a taxicab association or a for-hire
   31  passenger vehicle owner.
   32         (95) TNC DRIVER.—An individual who operates a motor vehicle
   33  that he or she owns, leases, or is otherwise authorized to drive
   34  to provide TNC services. The term does not include the driver of
   35  a taxi, jitney, limousine, or any other for-hire passenger
   36  vehicle subject to regulation under s. 125.01 or any other law.
   37         (96) TNC SERVICES.—Transportation of a passenger between
   38  points chosen by the passenger and prearranged with a TNC driver
   39  through the use of a TNC digital network or software
   40  application. TNC services begin when a TNC driver accepts a
   41  request for transportation received through the TNC’s digital
   42  network or software application service, continue while the TNC
   43  driver transports the passenger in the TNC driver’s vehicle, and
   44  end when the passenger exits the TNC driver’s vehicle. The term
   45  does not include services provided by a taxi, a for-hire
   46  passenger vehicle, or a street hail service.
   47         Section 2. Section 316.680, Florida Statutes, is created to
   48  read:
   49         316.680 TNC and TNC driver insurance requirements.—
   50         (1) On or before October 1, 2015, and thereafter, TNCs and
   51  TNC drivers shall comply with the automobile liability insurance
   52  requirements of this section.
   53         (2) The following automobile liability insurance
   54  requirements apply during the time a TNC driver is operating a
   55  vehicle but has not accepted a request for transportation
   56  received through a TNC’s digital network or software
   57  application:
   58         (a) Automobile liability insurance that meets at least the
   59  minimum coverage requirements under s. 324.021(7)(a), (b), and
   60  (c). Automobile liability insurance in the amount required in
   61  this paragraph shall be maintained by a TNC, which shall provide
   62  coverage in the event a participating TNC driver’s own
   63  automobile liability insurance policy excludes coverage
   64  according to its policy terms or does not provide at least the
   65  minimum coverage required in this paragraph.
   66         (b) Automobile liability insurance that provides the
   67  minimum coverage required under s. 627.736.
   68         (3) The following automobile liability insurance is
   69  required while a TNC driver is providing TNC services:
   70         (a) Primary automobile liability insurance that recognizes
   71  the TNC driver’s provision of TNC services and covers the TNC
   72  driver when providing TNC services.
   73         (b) Automobile liability insurance that provides at least
   74  $1 million in coverage for death, personal injury, and property
   75  damage.
   76         (c) Automobile liability insurance that provides the
   77  minimum coverage required under s. 627.736.
   78         (4) The insurance coverage requirements of subsection (3)
   79  may be satisfied by any of the following:
   80         (a) Automobile liability insurance maintained by the TNC
   81  driver;
   82         (b) Automobile liability insurance maintained by the TNC;
   83  or
   84         (c) Any combination of liability insurance specified in
   85  paragraphs (a) and (b).
   86         Section 3. Section 316.682, Florida Statutes, is created to
   87  read:
   88         316.682 TNC driver requirements.—
   89         (1) Before allowing an individual to act as a TNC driver on
   90  its digital platform, a TNC shall:
   91         (a) Require the individual to submit an application to the
   92  TNC which includes his or her full name, address, age, driver
   93  license number and type, driving history, motor vehicle
   94  registration, automobile liability insurance, and other
   95  information required by the TNC;
   96         (b) Conduct, or have a third party conduct, a local and
   97  national criminal background check for each applicant which must
   98  include:
   99         1. The Multi-State/Multi-Jurisdiction Criminal Records
  100  Locator or another similar, validated commercial nationwide
  101  database as its primary search source;
  102         2. A National Sex Offender Registry database search; and
  103         3. A driving history research report for such individual.
  104         (2) A TNC may not allow an individual to be listed as a TNC
  105  driver on its digital platform who:
  106         (a) Has had more than three moving violations in the prior
  107  3-year period, or one major violation in the prior 3-year
  108  period, including, but not limited to, attempting to evade the
  109  police, reckless driving, or driving with a suspended or revoked
  110  license;
  111         (b) Has been convicted within the past 7 years of driving
  112  under the influence of drugs or alcohol, use of a motor vehicle
  113  to commit a felony, or any crime involving fraud, a sexual
  114  offense, property damage, theft, an act of violence, or an act
  115  of terror;
  116         (c) Is listed in the National Sex Offender Registry
  117  database;
  118         (d) Does not possess a valid driver license;
  119         (e) Does not possess proof of registration for the motor
  120  vehicle used to provide TNC services;
  121         (f) Does not possess proof of automobile liability
  122  insurance for the motor vehicle used to provide TNC services; or
  123         (g) Is not at least 19 years of age.
  124         Section 4. Section 316.684, Florida Statutes, is created to
  125  read:
  126         316.684 TNC requirements; vehicle safety and emissions; no
  127  street hails.—
  128         (1) A TNC may not own, control, operate, or manage the
  129  vehicles used by TNC drivers.
  130         (2) A TNC’s insurer shall require, at a minimum, that any
  131  motor vehicle a TNC driver will use to provide TNC services
  132  meets the vehicle safety and emissions requirements of chapter
  133  316.
  134         (3) A TNC driver must only accept rides booked exclusively
  135  through a TNC’s digital network or software application service
  136  and may not solicit or accept street hails.
  137         Section 5. This act shall take effect July 1, 2015.