Uber Says Passage of Senate Bill 1118 a "Disservice"


We recieved a press release from UBER stating that the "Florida Senate Judiciary Committee voted on Senate Bill 1118" which deals with car insurance for drivers working for transportation network companies like UBER.

The votes for the bill were 7 yeas and 3 nays.

The bill's full text is at the bottom of this post. Here is summary:  
CS/SB 1118: Transportation Network Company Insurance: Transportation Network Company Insurance; Requiring a statement in certain crash reports as to whether any driver at the time of the accident was providing a prearranged ride or logged into a digital network of a transportation network company; requiring a transportation network company driver, or the transportation network company on the driver’s behalf, to maintain certain primary automobile insurance under certain circumstances; requiring a transportation network company to maintain certain insurance and obligate the insurer to defend a certain claim if specified insurance by the driver lapses or does not provide the required coverage, etc.The effective date is 1/1/17. 
You can track this bill and follow it.

The Senate Bill 509 has similar language to 1118. That bill wants to amend  316.066

Uber's response was included in the press release:
“It's a disservice to the people of Florida that sensible public policy supported by the insurance and ridesharing industries and an overwhelming bipartisan supermajority in the House was corrupted by entrenched special interests in the Senate Judiciary Committee today. The taxi industry and their benefactors in the Senate lobbied hard on a bill that doesn't apply to them in order to stifle competition in Florida." -Bill Gibbons, Uber spokesperson.
UBEReats hasn't come to Orlando yet.

Full Bill Text:
       Florida Senate - 2016                             CS for SB 1118
       
       By the Committee on Banking and Insurance; and Senator Simmons
       
       597-02311-16                                          20161118c1
    1                        A bill to be entitled                      
    2         An act relating to transportation network company
    3         insurance; amending s. 316.066, F.S.; requiring a
    4         statement in certain crash reports as to whether any
    5         driver at the time of the accident was providing a
    6         prearranged ride or logged into a digital network of a
    7         transportation network company; providing a criminal
    8         penalty for a driver who provides a false statement to
    9         a law enforcement officer in connection with certain
   10         information; creating s. 627.748, F.S.; providing
   11         legislative intent; defining terms; requiring a
   12         transportation network company driver, or the
   13         transportation network company on the driver’s behalf,
   14         to maintain certain primary automobile insurance under
   15         certain circumstances; providing coverage requirements
   16         under specified circumstances; requiring a
   17         transportation network company to maintain certain
   18         insurance and obligate the insurer to defend a certain
   19         claim if specified insurance by the driver lapses or
   20         does not provide the required coverage; providing that
   21         certain coverage may not be contingent on a claim
   22         denial; specifying requirements for insurers who
   23         provide certain automobile insurance; requiring a
   24         transportation network company driver to carry proof
   25         of certain insurance coverage at all times during his
   26         or her use of a personal vehicle and to disclose
   27         specified information in the event of an accident;
   28         requiring a transportation network company to make
   29         certain disclosures to transportation network company
   30         drivers; authorizing insurers to exclude certain
   31         coverages during specified periods for policies issued
   32         to transportation network company drivers for personal
   33         vehicles; requiring a transportation network company
   34         and certain insurers to cooperate during a claims
   35         investigation to facilitate the exchange of specified
   36         information; requiring a transportation network
   37         company to cause its insurer to issue payments for
   38         claims directly to specified entities under certain
   39         circumstances; providing that unless agreed to in a
   40         written contract, a transportation network company is
   41         not deemed to control, direct, or manage the personal
   42         vehicles or transportation network company drivers
   43         that connect to its digital network; authorizing the
   44         Financial Services Commission to adopt rules;
   45         providing for preemption of local laws and regulations
   46         pertaining to transportation network company
   47         insurance; providing an effective date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Paragraphs (b) and (c) of subsection (1) of
   52  section 316.066, Florida Statutes, are amended, and paragraph
   53  (e) is added to subsection (3) of that section, to read:
   54         316.066 Written reports of crashes.—
   55         (1)
   56         (b) The Florida Traffic Crash Report, Long Form must
   57  include:
   58         1. The date, time, and location of the crash.
   59         2. A description of the vehicles involved.
   60         3. The names and addresses of the parties involved,
   61  including all drivers and passengers, and the identification of
   62  the vehicle in which each was a driver or a passenger.
   63         4. The names and addresses of witnesses.
   64         5. The name, badge number, and law enforcement agency of
   65  the officer investigating the crash.
   66         6. The names of the insurance companies for the respective
   67  parties involved in the crash.
   68         7. A statement as to whether, at the time of the accident,
   69  any driver was providing a prearranged ride or logged into a
   70  digital network of a transportation network company, as those
   71  terms are defined in s. 627.748.
   72         (c) In any crash for which a Florida Traffic Crash Report,
   73  Long Form is not required by this section and which occurs on
   74  the public roadways of this state, the law enforcement officer
   75  shall complete a short-form crash report or provide a driver
   76  exchange-of-information form, to be completed by all drivers and
   77  passengers involved in the crash, which requires the
   78  identification of each vehicle that the drivers and passengers
   79  were in. The short-form report must include:
   80         1. The date, time, and location of the crash.
   81         2. A description of the vehicles involved.
   82         3. The names and addresses of the parties involved,
   83  including all drivers and passengers, and the identification of
   84  the vehicle in which each was a driver or a passenger.
   85         4. The names and addresses of witnesses.
   86         5. The name, badge number, and law enforcement agency of
   87  the officer investigating the crash.
   88         6. The names of the insurance companies for the respective
   89  parties involved in the crash.
   90         7. A statement as to whether, at the time of the accident,
   91  any driver was providing a prearranged ride or logged into a
   92  digital network of a transportation network company, as those
   93  terms are defined in s. 627.748.
   94         (3)
   95         (e) Any driver who provides a false statement to a law
   96  enforcement officer in connection with the information that is
   97  required to be reported under subparagraph (1)(b)7. or
   98  subparagraph (1)(c)7. commits a misdemeanor of the second
   99  degree, punishable as provided in s. 775.082 or s. 775.083.
  100         Section 2. Section 627.748, Florida Statutes, is created to
  101  read:
  102         627.748 Transportation network company insurance.—
  103         (1) It is the intent of the Legislature to provide for
  104  statewide uniformity of laws governing the insurance
  105  requirements imposed on transportation network companies and
  106  transportation network company drivers.
  107         (2) For purposes of this section, the term:
  108         (a) “Digital network” means an online application,
  109  software, website, or system offered or used by a transportation
  110  network company which enables the prearrangement of rides with
  111  transportation network company drivers.
  112         (b) “Personal vehicle” means a vehicle, however titled,
  113  which is used by a transportation network company driver in
  114  connection with providing transportation network company service
  115  and which:
  116         1. Is owned, leased, or otherwise authorized for use by the
  117  transportation network company driver; and
  118         2.Is not a taxi, jitney, limousine, or for-hire vehicle as
  119  that term is defined in s. 320.01(15).
  120  
  121  Notwithstanding any other law, a vehicle that is let or rented
  122  to another for consideration may be used as a personal vehicle.
  123         (c) “Prearranged ride” means the provision of
  124  transportation by a driver to or on behalf of a rider, beginning
  125  when a driver accepts a request for a ride by a rider through a
  126  digital network controlled by a transportation network company,
  127  continuing while the driver transports the rider, and ending
  128  when the last rider departs from the personal vehicle. A
  129  prearranged ride does not include transportation provided using
  130  a taxi, jitney, limousine, for-hire vehicle as defined in s.
  131  320.01(15), or street hail service.
  132         (d) “Transportation network company” or “company” means a
  133  corporation, partnership, sole proprietorship, or other entity
  134  operating in this state which uses a digital network to connect
  135  transportation network company riders to transportation network
  136  company drivers who provide prearranged rides. A transportation
  137  network company does not include an individual, corporation,
  138  partnership, sole proprietorship, or other entity arranging
  139  nonemergency medical transportation for individuals qualifying
  140  for Medicaid or Medicare pursuant to a contract with the state
  141  or a managed care organization.
  142         (e) “Transportation network company driver” or “driver”
  143  means an individual who:
  144         1. Receives connections to potential riders and related
  145  services from a transportation network company in exchange for
  146  any form of compensation, including payment of a fee to the
  147  transportation network company; and
  148         2. Uses a personal vehicle to offer or provide a
  149  prearranged ride to riders upon connection through a digital
  150  network controlled by a transportation network company in return
  151  for compensation, including payment of a fee.
  152         (f) “Transportation network company rider” or “rider” means
  153  an individual who directly or indirectly uses a transportation
  154  network company’s digital network to connect with a
  155  transportation network company driver who provides
  156  transportation services to the individual in the driver’s
  157  personal vehicle.
  158         (3)(a) A transportation network company driver, or a
  159  transportation network company on the driver’s behalf, shall
  160  maintain primary automobile insurance that recognizes that the
  161  driver is a transportation network company driver or that the
  162  driver otherwise uses a personal vehicle to transport riders for
  163  compensation. Such primary automobile insurance must cover the
  164  driver as required under this section, including while the
  165  driver is logged on to the transportation network company’s
  166  digital network but is not engaged in a prearranged ride, and
  167  while the driver is engaged in a prearranged ride.
  168         (b) The following automobile insurance coverage
  169  requirements apply while a transportation network company driver
  170  is logged on to the transportation network company’s digital
  171  network but is not engaged in a prearranged ride, and while the
  172  driver is engaged in a prearranged ride:
  173         1. Primary automobile liability insurance coverage of at
  174  least $125,000 for death and bodily injury per person, $250,000
  175  for death and bodily injury per incident, and $50,000 for
  176  property damage; and
  177         2. Primary automobile insurance coverage that meets the
  178  minimum requirements under ss. 627.730-627.7405.
  179         (c) At all times other than the periods specified in
  180  paragraph (b), the following automobile insurance requirements
  181  apply if a driver has an agreement with a transportation network
  182  company to provide any form of transportation service to riders:
  183         1. Primary automobile liability insurance coverage of at
  184  least $25,000 for death and bodily injury per person, $50,000
  185  for death and bodily injury per incident, and $10,000 for
  186  property damage; and
  187         2. Primary automobile insurance that provides the minimum
  188  requirements under ss. 627.730-627.7405.
  189         (d) The coverage requirements of paragraphs (b) and (c) may
  190  be satisfied by automobile insurance maintained by the
  191  transportation network company driver, by the transportation
  192  network company, or by a combination of both.
  193         (e) If the insurance maintained by a driver under paragraph
  194  (b) lapses or does not provide the required coverage, the
  195  transportation network company must maintain insurance that
  196  provides the coverage required by this section beginning with
  197  the first dollar of a claim and must obligate the insurer to
  198  defend such a claim in this state.
  199         (f)Coverage under an automobile insurance policy
  200  maintained by the transportation network company may not be
  201  contingent on a denial of a claim under the driver’s personal
  202  automobile liability insurance policy, nor shall a personal
  203  automobile insurer be required to first deny a claim.
  204         (g) Automobile insurance required by this section must be
  205  provided by an insurer authorized to do business in this state
  206  which is a member of the Florida Insurance Guaranty Association
  207  or an eligible surplus lines insurer that has a superior, an
  208  excellent, an exceptional, or an equivalent financial strength
  209  rating by a rating agency acceptable to the office.
  210         (h) Automobile insurance that satisfies the requirements of
  211  this section is deemed to satisfy the financial responsibility
  212  requirements imposed under chapter 324 and the security
  213  requirements imposed under s. 627.733. However, the provision of
  214  transportation to persons for compensation that is not covered
  215  under this section subjects a vehicle and driver to the
  216  requirements of chapters 320 and 324.
  217         (i) A transportation network company driver shall carry
  218  proof of insurance coverage that meets the requirements of
  219  paragraphs (b) and (c) at all times during his or her use of a
  220  personal vehicle. In the event of an accident:
  221         1. The driver shall provide the insurance coverage
  222  information to the directly involved parties, automobile
  223  insurers, and investigating law enforcement officers. Proof of
  224  financial responsibility may be provided through a digital
  225  telephone application under s. 316.646 which is controlled by a
  226  transportation network company.
  227         2. Upon request, the driver shall disclose to the directly
  228  involved parties, automobile insurers, and investigating law
  229  enforcement officers whether the driver, at the time of the
  230  accident, was logged on to the transportation network company’s
  231  digital network or engaged in a prearranged ride.
  232         (j) Before a driver may accept a request for a prearranged
  233  ride on the transportation network company’s digital network,
  234  the transportation network company shall disclose in writing to
  235  each transportation network company driver:
  236         1. The type and limits of insurance coverage provided by
  237  the transportation network company;
  238         2. The type of automobile insurance coverage that the
  239  driver must maintain while the driver uses a personal vehicle in
  240  connection with the transportation network company; and
  241         3. That the provision of rides for compensation, whether
  242  prearranged or otherwise, which is not covered by this section
  243  subjects the driver to the coverage requirements imposed by s.
  244  324.032(1) and that failure to meet such limits subjects the
  245  driver to penalties provided in s. 324.221, up to and including
  246  a misdemeanor of the second degree.
  247         (k) An insurer that provides personal automobile insurance
  248  policies under this part may exclude from coverage under a
  249  policy issued to an owner or operator of a personal vehicle any
  250  loss or injury that occurs while a driver is logged on to a
  251  transportation network company’s digital network or while a
  252  driver is engaged in a prearranged ride. Such right to exclude
  253  coverage applies to any coverage under an automobile insurance
  254  policy, including, but not limited to:
  255         1. Liability coverage for bodily injury and property
  256  damage.
  257         2. Personal injury protection coverage.
  258         3. Uninsured and underinsured motorist coverage.
  259         4. Medical payments coverage.
  260         5. Comprehensive physical damage coverage.
  261         6. Collision physical damage coverage.
  262         (l) The exclusions authorized under paragraph (k) apply
  263  notwithstanding any financial responsibility requirements under
  264  chapter 324. This section does not require that a personal
  265  automobile insurance policy provide coverage while the driver is
  266  logged on to the transportation network company’s digital
  267  network, while the driver is engaged in a prearranged ride, or
  268  while the driver otherwise uses a personal vehicle to transport
  269  riders for compensation. However, an insurer may elect to
  270  provide coverage by contract or endorsement for such driver’s
  271  personal vehicle used for such purposes.
  272         (m) An insurer that excludes coverage as authorized under
  273  paragraph (k):
  274         1. Does not have a duty to defend or indemnify an excluded
  275  claim. This section does not invalidate or limit an exclusion
  276  contained in a policy, including any policy in use or approved
  277  for use in this state before July 1, 2017.
  278         2. Has a right of contribution against other insurers that
  279  provide automobile insurance to the same driver in satisfaction
  280  of the coverage requirements of this section at the time of
  281  loss, if the insurer defends or indemnifies a claim against a
  282  driver which is excluded under the terms of its policy.
  283         (n) In a claims investigation, a transportation network
  284  company and any insurer providing coverage for a claim under
  285  this section shall cooperate to facilitate the exchange of
  286  relevant information with directly involved parties and insurers
  287  of the transportation network company driver, if applicable.
  288  Such information must provide:
  289         1. The precise times that a driver logged on and off the
  290  transportation network company’s digital network during the 12
  291  hour period immediately before and immediately after the
  292  accident.
  293         2. A clear description of the coverage, any exclusions, and
  294  the limits provided under automobile insurance maintained under
  295  this section.
  296         (o) If a transportation network company’s insurer makes a
  297  payment for a claim covered under comprehensive coverage or
  298  collision coverage, the transportation network company shall
  299  cause its insurer to issue the payment directly to the entity
  300  repairing the vehicle or jointly to the owner of the vehicle and
  301  the primary lienholder on the covered vehicle.
  302         (4) Unless agreed to in a written contract, a
  303  transportation network company is not deemed to control, direct,
  304  or manage the personal vehicles that, or the transportation
  305  network company drivers who, connect to its digital network.
  306         (5) The Financial Services Commission may adopt rules to
  307  administer this section.
  308         Section 3. PREEMPTION.—Notwithstanding any other law,
  309  transportation network company insurance requirements are
  310  governed exclusively by this section and any rules adopted by
  311  the Financial Services Commission to administer this section. A
  312  political subdivision of this state may not adopt any ordinance
  313  imposing insurance requirements on a transportation network
  314  company or driver. All such ordinances, whether existing or
  315  proposed, are preempted and superseded by general law.
  316         Section 4. This act shall take effect January 1, 2017.


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