Florida Senate - 2021 SB 708 By Senator Brandes 24-00853B-21 2021708__ 1 A bill to be entitled 2 An act relating to peer-to-peer car sharing; creating 3 s. 627.7483, F.S.; defining terms; specifying motor 4 vehicle insurance requirements for peer-to-peer car 5 sharing programs; providing that peer-to-peer car 6 sharing programs have an insurable interest in shared 7 vehicles during specified periods; providing 8 construction; authorizing peer-to-peer car-sharing 9 programs to own and maintain certain policies of motor 10 vehicle insurance; requiring peer-to-peer car-sharing 11 programs to assume certain liability; providing 12 exceptions; requiring shared vehicle owners’ insurers 13 to indemnify peer-to-peer car-sharing programs under 14 certain circumstances; providing exemptions from 15 vicarious liabilities for peer-to-peer car-sharing 16 programs and shared vehicle owners; authorizing motor 17 vehicle insurance policies to exclude specified 18 coverages under certain circumstances; providing 19 construction related to exclusions; authorizing 20 specified insurers to seek contributions against 21 indemnifications under certain circumstances; 22 providing requirements for notifications of 23 implications of liens; providing requirements for 24 recordkeeping; requiring specified disclosures to 25 shared vehicle drivers and owners; requiring driver 26 license verification and data retention under certain 27 circumstances; providing responsibilities and 28 indemnifications for specified equipment; providing 29 requirements for verification and notification 30 relating to motor vehicle safety recalls; providing 31 construction; providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Section 627.7483, Florida Statutes, is created 36 to read: 37 627.7483 Peer-to-peer car sharing; insurance requirements.— 38 (1) DEFINITIONS.—As used in this section, the term: 39 (a) “Car-sharing delivery period” means the period of time 40 during which a shared vehicle is being delivered to the location 41 of the car-sharing start time, if applicable, as documented by 42 the governing peer-to-peer car-sharing program agreement. 43 (b) “Car-sharing period” means the period of time that 44 commences either at the car-sharing delivery period or, if there 45 is no car-sharing delivery period, at the car-sharing start time 46 and that ends at the car-sharing termination time. 47 (c) “Car-sharing start time” means the time when the shared 48 vehicle is under the control of the shared vehicle driver, which 49 time occurs at or after the time the reservation of the shared 50 vehicle is scheduled to begin, as documented in the records of a 51 peer-to-peer car-sharing program. 52 (d) “Car-sharing termination time” means the earliest of 53 the following events: 54 1. The expiration of the agreed-upon period of time 55 established for the use of a shared vehicle according to the 56 terms of the peer-to-peer car-sharing program agreement if the 57 shared vehicle is delivered to the location agreed upon in the 58 peer-to-peer car-sharing program agreement; 59 2. The time the shared vehicle is returned to a location as 60 alternatively agreed upon by the shared vehicle owner and shared 61 vehicle driver, as communicated through a peer-to-peer car 62 sharing program; or 63 3. The time the shared vehicle owner takes possession and 64 control of the shared vehicle. 65 (e) “Peer-to-peer car sharing” or “car sharing” means the 66 authorized use of a motor vehicle by an individual other than 67 the vehicle’s owner through a peer-to-peer car-sharing program. 68 For the purposes of this section, the term does not include the 69 renting of a motor vehicle through a rental car company, the use 70 of a for-hire vehicle as defined in s. 320.01(15), ridesharing 71 as defined in s. 341.031(9), a carpool as defined in s. 72 450.28(3), or the use of a motor vehicle under an agreement for 73 a car-sharing service as defined in s. 212.0606(2). 74 (f) “Peer-to-peer car-sharing program” means a business 75 platform that enables peer-to-peer car sharing by connecting 76 motor vehicle owners with drivers for financial consideration. 77 For the purposes of this section, the term does not include a 78 rental car company, a car-sharing service as defined in s. 79 212.0606(2), a taxicab association, the owner of a for-hire 80 vehicle as defined in s. 320.01(15), or a service provider who 81 is solely providing hardware or software as a service to a 82 person or entity that is not effectuating payment of financial 83 consideration for use of a shared vehicle. 84 (g) “Peer-to-peer car-sharing program agreement” means the 85 terms and conditions established by the peer-to-peer car-sharing 86 program which are applicable to a shared vehicle owner and a 87 shared vehicle driver and which govern the use of a shared 88 vehicle through a peer-to-peer car-sharing program. For the 89 purposes of this section, the term does not include a rental 90 agreement or an agreement for a for-hire vehicle as defined in 91 s. 320.01(15) or for a car-sharing service as defined in s. 92 212.0606(2). 93 (h) “Shared vehicle” means a motor vehicle that is 94 available for sharing through a peer-to-peer car-sharing 95 program. For the purposes of this section, the term does not 96 include a rental car, a for-hire vehicle as defined in s. 97 320.01(15), or a motor vehicle used for ridesharing as defined 98 in s. 341.031(9), for a carpool as defined in s. 450.28(3), or 99 for a car-sharing service as defined in s. 212.0606(2). 100 (i) “Shared vehicle driver” means an individual who has 101 been authorized by the shared vehicle owner to drive the shared 102 vehicle under the peer-to-peer car-sharing program agreement. 103 (j) “Shared vehicle owner” means the registered owner, or a 104 natural person or entity designated by the registered owner, of 105 a motor vehicle made available for sharing to shared vehicle 106 drivers through a peer-to-peer car-sharing program. For the 107 purposes of this section, the term does not include an owner of 108 a for-hire vehicle as defined in s. 320.01(15). 109 (2) INSURANCE COVERAGE REQUIREMENTS.— 110 (a)1. A peer-to-peer car-sharing program shall ensure that, 111 during each car-sharing period, the shared vehicle owner and the 112 shared vehicle driver are insured under a motor vehicle 113 insurance policy that provides all of the following: 114 a. Property damage liability coverage that meets the 115 minimum coverage amounts required under s. 324.022. 116 b. Bodily injury liability coverage limits as described in 117 s. 324.021(7)(a) and (b). 118 c. Personal injury protection benefits that meet the 119 minimum coverage amounts required under s. 627.736. 120 d. Uninsured and underinsured vehicle coverage as required 121 under s. 627.727. 122 2. The peer-to-peer car-sharing program shall also ensure 123 that the motor vehicle insurance policy under subparagraph 1.: 124 a. Recognizes that the shared vehicle insured under the 125 policy is made available and used through a peer-to-peer car 126 sharing program; or 127 b. Does not exclude the use of a shared vehicle by a shared 128 vehicle driver. 129 (b)1. The insurance described under paragraph (a) may be 130 satisfied by a motor vehicle insurance policy maintained by: 131 a. A shared vehicle owner; 132 b. A shared vehicle driver; 133 c. A peer-to-peer car-sharing program; or 134 d. A combination of a shared vehicle owner, a shared 135 vehicle driver, and a peer-to-peer car-sharing program. 136 2. The insurance policy maintained in subparagraph 1. which 137 satisfies the insurance requirements under paragraph (a) is 138 primary during each car-sharing period. 139 3.a. If the insurance maintained by a shared vehicle owner 140 or shared vehicle driver in accordance with subparagraph 1. has 141 lapsed or does not provide the coverage required under paragraph 142 (a), the insurance maintained by the peer-to-peer car-sharing 143 program must provide the coverage required under paragraph (a), 144 beginning with the first dollar of a claim, and must defend such 145 claim, except under circumstances as set forth in subparagraph 146 (3)(a)2. 147 b. Coverage under a motor vehicle insurance policy 148 maintained by the peer-to-peer car-sharing program must not be 149 dependent on another motor vehicle insurer first denying a 150 claim, and another motor vehicle insurance policy is not 151 required to first deny a claim. 152 c. Notwithstanding any other law, statute, rule, or 153 regulation to the contrary, a peer-to-peer car-sharing program 154 has an insurable interest in a shared vehicle during the car 155 sharing period. This sub-subparagraph does not create liability 156 for a peer-to-peer car-sharing program for maintaining the 157 coverage required under paragraph (a) and under this paragraph, 158 if applicable. 159 d. A peer-to-peer car-sharing program may own and maintain 160 as the named insured one or more policies of motor vehicle 161 insurance which provide coverage for: 162 (I) Liabilities assumed by the peer-to-peer car-sharing 163 program under a peer–to–peer car-sharing program agreement; 164 (II) Liability of the shared vehicle owner; 165 (III) Liability of the shared vehicle driver; 166 (IV) Damage or loss to the shared motor vehicle; or 167 (V) Damage, loss, or injury to persons or property to 168 satisfy the personal injury protection and uninsured and 169 underinsured motorist coverage requirements of this section. 170 e. Insurance required under paragraph (a), when maintained 171 by a peer-to-peer car-sharing program, may be provided by an 172 insurer authorized to do business in this state which is a 173 member of the Florida Insurance Guaranty Association or an 174 eligible surplus lines insurer that has a superior, excellent, 175 exceptional, or equivalent financial strength rating by a rating 176 agency acceptable to the office. A peer-to-peer car-sharing 177 program is not transacting in insurance when it maintains the 178 insurance required under this section. 179 (3) LIABILITIES AND INSURANCE EXCLUSIONS.— 180 (a) Liability.— 181 1. A peer-to-peer car-sharing program shall assume 182 liability, except as provided in subparagraph 2., of a shared 183 vehicle owner for bodily injury or property damage to third 184 parties or uninsured and underinsured motorist or personal 185 injury protection losses during the car-sharing period in an 186 amount stated in the peer-to-peer car-sharing program agreement, 187 which amount may not be less than those set forth in ss. 188 324.021(7)(a) and (b), 324.022, 627.727, and 627.736, 189 respectively. 190 2. The assumption of liability under subparagraph 1. does 191 not apply if a shared vehicle owner: 192 a. Makes an intentional or fraudulent material 193 misrepresentation or omission to the peer-to-peer car-sharing 194 program before the car-sharing period in which the loss occurs; 195 or 196 b. Acts in concert with a shared vehicle driver who fails 197 to return the shared vehicle pursuant to the terms of the peer 198 to-peer car-sharing program agreement. 199 3. A peer-to-peer car-sharing program shall assume primary 200 liability for a claim when it is in whole or in part providing 201 the insurance required under paragraph (2)(a) and: 202 a. A dispute exists as to who was in control of the shared 203 motor vehicle at the time of the loss; and 204 b. The peer-to-peer car-sharing program does not have 205 available, did not retain, or fails to provide the information 206 required under subsection (5). 207 208 The shared vehicle owner’s insurer shall indemnify the peer-to 209 peer car-sharing program to the extent of the insurer’s 210 obligation, if any, under the applicable insurance policy if it 211 is determined that the shared vehicle owner was in control of 212 the shared motor vehicle at the time of the loss. 213 (b) Vicarious liability.—A peer-to-peer car-sharing program 214 and a shared vehicle owner are exempt from vicarious liability 215 consistent with 49 U.S.C. s. 30106 (2005) under any state or 216 local law that imposes liability solely based on vehicle 217 ownership. 218 (c) Exclusions in motor vehicle insurance policies.—An 219 authorized insurer that writes motor vehicle liability insurance 220 in this state may exclude any coverage and the duty to defend or 221 indemnify for any claim under a shared vehicle owner’s motor 222 vehicle insurance policy, including, but not limited to: 223 1. Liability coverage for bodily injury and property 224 damage; 225 2. Personal injury protection coverage; 226 3. Uninsured and underinsured motorist coverage; 227 4. Medical payments coverage; 228 5. Comprehensive physical damage coverage; and 229 6. Collision physical damage coverage. 230 231 This paragraph does not invalidate or limit any exclusion 232 contained in a motor vehicle insurance policy, including any 233 insurance policy in use or approved for use which excludes 234 coverage for motor vehicles made available for rent, sharing, or 235 hire or for any business use. 236 (d) Contribution against indemnification.—A shared vehicle 237 owner’s motor vehicle insurer that defends or indemnifies a 238 claim against a shared vehicle which is excluded under the terms 239 of its policy has the right to seek contribution against the 240 motor vehicle insurer of the peer-to-peer car-sharing program if 241 the claim is: 242 1. Made against the shared vehicle owner or the shared 243 vehicle driver for loss or injury that occurs during the car 244 sharing period; and 245 2. Excluded under the terms of its policy. 246 (4) NOTIFICATION OF IMPLICATIONS OF LIEN.—At the time a 247 motor vehicle owner registers as a shared vehicle owner on a 248 peer-to-peer car-sharing program and before the shared vehicle 249 owner may make a shared vehicle available for car sharing on the 250 peer-to-peer car-sharing program, the peer-to-peer car-sharing 251 program must notify the shared vehicle owner that, if the shared 252 vehicle has a lien against it, the use of the shared vehicle 253 through a peer-to-peer car-sharing program, including the use 254 without physical damage coverage, may violate the terms of the 255 contract with the lienholder. 256 (5) RECORDKEEPING.—A peer-to-peer car-sharing program 257 shall: 258 (a) Collect and verify records pertaining to the use of a 259 shared vehicle, including, but not limited to, the times used, 260 fees paid by the shared vehicle driver, and revenues received by 261 the shared vehicle owner; 262 (b) Retain the records in paragraph (a) for a time period 263 not less than the applicable personal injury statute of 264 limitations; and 265 (c) Provide the information contained in the records in 266 paragraph (a) upon request to the shared vehicle owner, the 267 shared vehicle owner’s insurer, or the shared vehicle driver’s 268 insurer to facilitate a claim coverage investigation. 269 (6) CONSUMER PROTECTIONS.— 270 (a) Disclosures.—Each peer-to-peer car-sharing program 271 agreement made in this state must disclose to the shared vehicle 272 owner and the shared vehicle driver: 273 1. Any right of the peer-to-peer car-sharing program to 274 seek indemnification from the shared vehicle owner or the shared 275 vehicle driver for economic loss resulting from a breach of the 276 terms and conditions of the peer-to-peer car-sharing program 277 agreement. 278 2. That a motor vehicle insurance policy issued to the 279 shared vehicle owner for the shared vehicle or to the shared 280 vehicle driver does not provide a defense or indemnification for 281 any claim asserted by the peer-to-peer car-sharing program. 282 3. That the peer-to-peer car-sharing program’s insurance 283 coverage on the shared vehicle owner and the shared vehicle 284 driver is in effect only during each car-sharing period and 285 that, for any use of the shared vehicle by the shared vehicle 286 driver after the car-sharing termination time, the shared 287 vehicle driver and the shared vehicle owner may not have 288 insurance coverage. 289 4. The daily rate, fees, and, if applicable, any insurance 290 or protection package costs that are charged to the shared 291 vehicle owner or the shared vehicle driver. 292 5. That the shared vehicle owner’s motor vehicle liability 293 insurance may exclude coverage for a shared vehicle. 294 6. An emergency telephone number of the personnel capable 295 of fielding calls for roadside assistance and other customer 296 service inquiries. 297 7. Any conditions under which a shared vehicle driver must 298 maintain a personal motor vehicle insurance policy with certain 299 applicable coverage limits on a primary basis in order to book a 300 shared vehicle. 301 (b) Driver license verification and data retention.— 302 1. A peer-to-peer car-sharing program may not enter into a 303 peer-to-peer car-sharing program agreement with a driver unless 304 the driver: 305 a. Holds a driver license issued under chapter 322 which 306 authorizes the driver to drive vehicles of the class of the 307 shared vehicle; 308 b. Is a nonresident who: 309 (I) Holds a driver license issued by the state or country 310 of the driver’s residence which authorizes the driver in that 311 state or country to drive vehicles of the class of the shared 312 vehicle; and 313 (II) Is at least the same age as that required of a 314 resident to drive; or 315 c. Is otherwise specifically authorized by the Department 316 of Highway Safety and Motor Vehicles to drive vehicles of the 317 class of the shared vehicle. 318 2. A peer-to-peer car-sharing program shall keep a record 319 of: 320 a. The name and address of the shared vehicle driver; 321 b. The driver license number of the shared vehicle driver 322 and each other person, if any, who will operate the shared 323 vehicle; and 324 c. The place of issuance of the driver license. 325 (c) Responsibility for equipment.—A peer-to-peer car 326 sharing program has sole responsibility for any equipment that 327 is put in or on the shared vehicle to monitor or facilitate the 328 peer-to-peer car-sharing transaction, including a GPS system. 329 The peer-to-peer car-sharing program shall indemnify and hold 330 harmless the shared vehicle owner for any damage to or theft of 331 such equipment during the car-sharing period which is not caused 332 by the shared vehicle owner. The peer-to-peer car-sharing 333 program may seek indemnity from the shared vehicle driver for 334 any damage to or loss of such equipment which occurs during the 335 car-sharing period. 336 (d) Motor vehicle safety recalls.—At the time a motor 337 vehicle owner registers as a shared vehicle owner on a peer-to 338 peer car-sharing program and before the shared vehicle owner may 339 make a shared vehicle available for car sharing on the peer-to 340 peer car-sharing program, the peer-to-peer car-sharing program 341 must: 342 1. Verify that the shared vehicle does not have any safety 343 recalls on the vehicle for which the repairs have not been made; 344 and 345 2. Notify the shared vehicle owner that if the shared 346 vehicle owner: 347 a. Has received an actual notice of a safety recall on the 348 vehicle, he or she may not make a vehicle available as a shared 349 vehicle on the peer-to-peer car-sharing program until the safety 350 recall repair has been made. 351 b. Receives an actual notice of a safety recall on a shared 352 vehicle while the shared vehicle is made available on the peer 353 to-peer car-sharing program, he or she shall remove the shared 354 vehicle as available on the peer-to-peer car-sharing program as 355 soon as practicably possible after receiving the notice of the 356 safety recall and until the safety recall repair has been made. 357 c. Receives an actual notice of a safety recall while the 358 shared vehicle is in the possession of a shared vehicle driver, 359 he or she shall notify the peer-to-peer car-sharing program 360 about the safety recall as soon as practicably possible after 361 receiving the notice of the safety recall, so that he or she may 362 address the safety recall repair. 363 (7) CONSTRUCTION.—This section does not limit: 364 (a) The liability of a peer-to-peer car-sharing program for 365 any act or omission of the peer-to-peer car-sharing program 366 which results in the bodily injury to a person as a result of 367 the use of a shared vehicle through peer-to-peer car sharing; or 368 (b) The ability of a peer-to-peer car-sharing program to 369 seek, by contract, indemnification from the shared vehicle owner 370 or the shared vehicle driver for economic loss resulting from a 371 breach of the terms and conditions of the peer-to-peer car 372 sharing program agreement. 373 Section 2. This act shall take effect January 1, 2022.