F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 785 2021
1 A bill to be entitled
2 An act relating to peer-to-peer car sharing; creating
3 s. 627.7483, F.S.; providing definitions; providing
4 motor vehicle insurance requirements for peer-to-peer
5 car sharing; providing that peer-to-peer car-sharing
6 programs have an insurable interest in shared vehicles
7 in specified periods; authorizing peer-to-peer car-
8 sharing programs to own and maintain certain policies
9 of motor vehicle insurance; providing peer-to-peer
10 car-sharing programs' liabilities under certain
11 circumstances; providing applicability; requiring
12 shared vehicle owners' insurers to indemnify peer-to-
13 peer car-sharing programs under certain circumstances;
14 providing exemptions from vicarious liabilities;
15 authorizing motor vehicle insurance policies to
16 exclude specified coverages under certain
17 circumstances; providing construction; authorizing
18 specified insurers to seek contributions against
19 indemnifications under certain circumstances;
20 providing requirements for notifications of
21 implications of liens; providing requirements for
22 recordkeeping; requiring specified disclosures to
23 shared vehicle drivers and owners; requiring driver
24 license verification and data retention under certain
25 circumstances; providing responsibilities and
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26 indemnifications for specified equipment; providing
27 requirements for verification and notification
28 relating to motor vehicle safety recalls; providing
29 construction; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Section 627.7483, Florida Statutes, is created
34 to read:
35 627.7483 Peer-to-peer car sharing; insurance
36 requirements.—
37 (1) DEFINITIONS.—As used in this section, the term:
38 (a) "Car-sharing delivery period" means the period of time
39 during which a shared vehicle is being delivered to the location
40 of the car-sharing start time, if applicable, as documented by
41 the governing peer-to-peer car-sharing program agreement.
42 (b) "Car-sharing period" means the period of time that
43 commences either at the car-sharing delivery period or, if there
44 is no car-sharing delivery period, at the car-sharing start time
45 and that ends at the car-sharing termination time.
46 (c) "Car-sharing start time" means the time when the
47 shared vehicle is under the control of the shared vehicle
48 driver, which time occurs at or after the time the reservation
49 of the shared vehicle is scheduled to begin, as documented in
50 the records of a peer-to-peer car-sharing program.
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51 (d) "Car-sharing termination time" means the earliest of
52 the following events:
53 1. The expiration of the agreed-upon period of time
54 established for the use of a shared vehicle according to the
55 terms of the peer-to-peer car-sharing program agreement if the
56 shared vehicle is delivered to the location agreed upon in the
57 peer-to-peer car-sharing program agreement;
58 2. The time the shared vehicle is returned to a location
59 as alternatively agreed upon by the shared vehicle owner and
60 shared vehicle driver, as communicated through a peer-to-peer
61 car-sharing program; or
62 3. The time the shared vehicle owner takes possession and
63 control of the shared vehicle.
64 (e) "Peer-to-peer car sharing" or "car sharing" means the
65 authorized use of a motor vehicle by an individual other than
66 the vehicle's owner through a peer-to-peer car-sharing program.
67 For the purposes of this section, the term does not include the
68 renting of a motor vehicle through a rental car company, the use
69 of a for-hire vehicle as defined in s. 320.01(15), ridesharing
70 as defined in s. 341.031(9), carpool as defined in s. 450.28(3),
71 or the use of a motor vehicle under an agreement for a car-
72 sharing service as defined in s. 212.0606(2).
73 (f) "Peer-to-peer car-sharing program" means a business
74 platform that enables peer-to-peer car sharing by connecting
75 motor vehicle owners with drivers for financial consideration.
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76 For the purposes of this section, the term does not include a
77 rental car company, a car-sharing service as defined in s.
78 212.0606(2), a taxicab association, the owner of a for-hire
79 vehicle as defined in s. 320.01(15), or a service provider who
80 is solely providing hardware or software as a service to a
81 person or entity that is not effectuating payment of financial
82 consideration for use of a shared vehicle.
83 (g) "Peer-to-peer car-sharing program agreement" means the
84 terms and conditions established by the peer-to-peer car-sharing
85 program which are applicable to a shared vehicle owner and a
86 shared vehicle driver and which govern the use of a shared
87 vehicle through a peer-to-peer car-sharing program. For the
88 purposes of this section, the term does not include a rental
89 agreement or an agreement for a for-hire vehicle as defined in
90 s. 320.01(15) or for a car-sharing service as defined in s.
91 212.0606(2).
92 (h) "Shared vehicle" means a motor vehicle that is
93 available for sharing through a peer-to-peer car-sharing
94 program. For the purposes of this section, the term does not
95 include a rental car, a for-hire vehicle as defined in s.
96 320.01(15), or a motor vehicle used for ridesharing as defined
97 in s. 341.031(9), for carpool as defined in s. 450.28(3), or for
98 car-sharing service as defined in s. 212.0606(2).
99 (i) "Shared vehicle driver" means an individual who has
100 been authorized by the shared vehicle owner to drive the shared
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101 vehicle under the peer-to-peer car-sharing program agreement.
102 (j) "Shared vehicle owner" means the registered owner, or
103 a natural person or entity designated by the registered owner,
104 of a motor vehicle made available for sharing to shared vehicle
105 drivers through a peer-to-peer car-sharing program. For the
106 purposes of this section, the term does not include an owner of
107 a for-hire vehicle as defined in s. 320.01(15).
108 (2) INSURANCE COVERAGE REQUIREMENTS.—
109 (a)1. A peer-to-peer car-sharing program shall ensure
110 that, during each car-sharing period, the shared vehicle owner
111 and the shared vehicle driver are insured under a motor vehicle
112 insurance policy that provides all of the following:
113 a. Property damage liability coverage that meets the
114 minimum coverage amounts required under s. 324.022.
115 b. Bodily injury liability coverage limits as described in
116 s. 324.021(7)(a) and (b).
117 c. Personal injury protection benefits that meet the
118 minimum coverage amounts required under s. 627.736.
119 d. Uninsured and underinsured vehicle coverage as required
120 under s. 627.727.
121 2. The peer-to-peer car-sharing program shall also ensure
122 that the motor vehicle insurance policy under subparagraph 1.:
123 a. Recognizes that the shared vehicle insured under the
124 policy is made available and used through a peer-to-peer car-
125 sharing program; or
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126 b. Does not exclude the use of a shared vehicle by a
127 shared vehicle driver.
128 (b)1. The insurance described under paragraph (a) may be
129 satisfied by a motor vehicle insurance policy maintained by:
130 a. A shared vehicle owner;
131 b. A shared vehicle driver;
132 c. A peer-to-peer car-sharing program; or
133 d. A combination of a shared vehicle owner, a shared
134 vehicle driver, and a peer-to-peer car-sharing program.
135 2. The insurance policy maintained in subparagraph 1.
136 which satisfies the insurance requirements under paragraph (a)
137 is primary during each car-sharing period.
138 3.a. If the insurance maintained by a shared vehicle owner
139 or shared vehicle driver in accordance with subparagraph 1. has
140 lapsed or does not provide the coverage required under paragraph
141 (a), the insurance maintained by the peer-to-peer car-sharing
142 program must provide the coverage required under paragraph (a),
143 beginning with the first dollar of a claim, and must defend such
144 claim, except under circumstances as set forth in subparagraph
145 (3)(a)2.
146 b. Coverage under a motor vehicle insurance policy
147 maintained by the peer-to-peer car-sharing program must not be
148 dependent on another motor vehicle insurer first denying a
149 claim, and another motor vehicle insurance policy is not
150 required to first deny a claim.
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151 c. Notwithstanding any other law, statute, rule, or
152 regulation to the contrary, a peer-to-peer car-sharing program
153 has an insurable interest in a shared vehicle during the car-
154 sharing period. This sub-subparagraph does not create liability
155 for a peer-to-peer car-sharing program for maintaining the
156 coverage required under paragraph (a) and under this paragraph,
157 if applicable.
158 d. A peer-to-peer car-sharing program may own and maintain
159 as the named insured one or more policies of motor vehicle
160 insurance which provide coverage for:
161 (I) Liabilities assumed by the peer-to-peer car-sharing
162 program under a peer–to–peer car-sharing program agreement;
163 (II) Liability of the shared vehicle owner;
164 (III) Liability of the shared vehicle driver;
165 (IV) Damage or loss to the shared motor vehicle; or
166 (V) Damage, loss, or injury to persons or property to
167 satisfy the personal injury protection and uninsured and
168 underinsured motorist coverage requirements of this section.
169 e. Insurance required under paragraph (a), when maintained
170 by a peer-to-peer car-sharing program, may be provided by an
171 insurer authorized to do business in this state which is a
172 member of the Florida Insurance Guaranty Association or an
173 eligible surplus lines insurer that has a superior, excellent,
174 exceptional, or equivalent financial strength rating by a rating
175 agency acceptable to the office. A peer-to-peer car-sharing
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176 program is not transacting in insurance when it maintains the
177 insurance required under this section.
178 (3) LIABILITIES AND INSURANCE EXCLUSIONS.—
179 (a) Liability.—
180 1. A peer-to-peer car-sharing program shall assume
181 liability, except as provided in subparagraph 2., of a shared
182 vehicle owner for bodily injury or property damage to third
183 parties or uninsured and underinsured motorist or personal
184 injury protection losses during the car-sharing period in an
185 amount stated in the peer-to-peer car-sharing program agreement,
186 which amount may not be less than those set forth in ss.
187 324.021(7)(a) and (b), 324.022, 627.727, and 627.736,
188 respectively.
189 2. The assumption of liability under subparagraph 1. does
190 not apply if a shared vehicle owner:
191 a. Makes an intentional or fraudulent material
192 misrepresentation or omission to the peer-to-peer car-sharing
193 program before the car-sharing period in which the loss occurs;
194 or
195 b. Acts in concert with a shared vehicle driver who fails
196 to return the shared vehicle pursuant to the terms of the peer-
197 to-peer car-sharing program agreement.
198 3. A peer-to-peer car-sharing program shall assume primary
199 liability for a claim when it is in whole or in part providing
200 the insurance required under paragraph (2)(a) and:
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201 a. A dispute exists as to who was in control of the shared
202 motor vehicle at the time of the loss; and
203 b. The peer-to-peer car-sharing program does not have
204 available, did not retain, or fails to provide the information
205 required under subsection (5).
206
207 The shared vehicle owner's insurer shall indemnify the peer-to-
208 peer car-sharing program to the extent of the insurer's
209 obligation, if any, under the applicable insurance policy if it
210 is determined that the shared vehicle owner was in control of
211 the shared motor vehicle at the time of the loss.
212 (b) Vicarious liability.—A peer-to-peer car-sharing
213 program and a shared vehicle owner are exempt from vicarious
214 liability consistent with 49 U.S.C. s. 30106 (2005) under any
215 state or local law that