Bill Text: FL S1148 | 2019 | Regular Session | Comm Sub
Bill Title: Vehicles for Rent or Lease
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Finance and Tax, companion bill(s) passed, see CS/CS/CS/HB 385 (Ch. 2019-169) [S1148 Detail]
Download: Florida-2019-S1148-Comm_Sub.html
Florida Senate - 2019 CS for SB 1148 By the Committee on Infrastructure and Security; and Senator Perry 596-03297-19 20191148c1 1 A bill to be entitled 2 An act relating to vehicles for rent or lease; 3 amending s. 212.0606, F.S.; defining the term “rental 4 of a motor vehicle”; requiring a member of a certain 5 car-sharing service who uses a motor vehicle for less 6 than a specified period of time pursuant to an 7 agreement with the car-sharing service to pay a 8 specified surcharge per usage; deleting a definition; 9 requiring that a certain peer-to-peer car-sharing 10 program or motor vehicle rental company pay a 11 specified surcharge per usage; defining the term 12 “dealer”; amending s. 320.01, F.S.; defining terms; 13 amending s. 320.0605, F.S.; authorizing an electronic 14 copy of certain rental or lease documentation to be in 15 the possession of the vehicle operator or carried in 16 the vehicle and to be exhibited upon demand of any 17 authorized law enforcement officer or any agent of the 18 Department of Highway Safety and Motor Vehicles; 19 providing that the act of presenting a certain 20 electronic device to the officer or agent does not 21 constitute consent for the officer or agent to access 22 any information on the device other than the displayed 23 rental or lease documentation; providing for 24 assumption of liability for any resulting damage to 25 the device; revising requirements for rental or lease 26 documentation; amending s. 322.38, F.S.; prohibiting a 27 person from renting a motor vehicle to another person 28 unless he or she has verified that the renter’s driver 29 license is unexpired; requiring that a person renting 30 a motor vehicle to another person keep a record of the 31 place where the renter’s license was issued; providing 32 that, under certain circumstances, specified 33 requirements are deemed met when a renter is required 34 at certain times to verify that he or she is duly 35 licensed and that the license is unexpired; creating 36 s. 331.17, F.S.; requiring a motor vehicle rental 37 company, car-sharing service, or a peer-to-peer car 38 sharing program to enter an agreement with certain 39 publicly owned airports for certain purposes; 40 providing an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Section 212.0606, Florida Statutes, is amended 45 to read: 46 212.0606 Rental car surcharge.— 47 (1) Except as provided in subsection (2), a surcharge of $2 48 per day or any part of a day is imposed upon the lease or rental 49 of a motor vehicle licensed for hire and designed to carry fewer 50 than nine passengers regardless of whether the motor vehicle is 51 licensed in this state. The surcharge applies to only the first 52 30 days of the term of a lease or rental. The surcharge is 53 subject to all applicable taxes imposed by this chapter. For 54 purposes of this subsection, the term “rental of a motor 55 vehicle” means the renting or leasing of a motor vehicle when 56 the rental or lease is facilitated, in person or through digital 57 means, by a motor vehicle rental company as defined in s. 58 320.01(47), a car-sharing service as defined in s. 320.01(46), 59 or a peer-to-peer car sharing program as defined in s. 60 320.01(48) for consideration without transfer of the title of 61 the motor vehicle. 62 (2) A member of a car-sharing service as defined in 63 320.01(46) who uses a motor vehicle as described in subsection 64 (1) for less than 24 hours pursuant to an agreement with the 65 car-sharing service shall pay a surcharge of $1 per usage. A 66 member of a car-sharing service who uses the same motor vehicle 67 for 24 hours or more shall pay a surcharge of $2 per day or any 68 part of a day as provided in subsection (1).For purposes of69this subsection, the term “car-sharing service” means a70membership-based organization or business, or division thereof,71which requires the payment of an application or membership fee72and provides member access to motor vehicles:73(a) Only at locations that are not staffed by car-sharing74service personnel employed solely for the purpose of interacting75with car-sharing service members;76(b) Twenty-four hours per day, 7 days per week;77(c) Only through automated means, including, but not78limited to, smartphone applications or electronic membership79cards;80(d) On an hourly basis or for a shorter increment of time;81(e) Without a separate fee for refueling the motor vehicle;82(f) Without a separate fee for minimum financial83responsibility liability insurance; and84(g) Owned or controlled by the car-sharing service or its85affiliates.86 87 The surcharge imposed under this subsection does not apply to 88 the lease, rental, or use of a motor vehicle from a location 89 owned, operated, or leased by or for the benefit of an airport 90 or airport authority. 91 (3) A peer-to-peer car-sharing program as defined in 92 320.01(48) or a motor vehicle rental company as defined in 93 320.01(47) which rents a motor vehicle as described in 94 subsection (1) for less than 24 hours must pay a surcharge of $1 95 per usage. 96 (4)(3)(a) Notwithstanding s. 212.20, and less the costs of 97 administration, 80 percent of the proceeds of this surcharge 98 shall be deposited in the State Transportation Trust Fund, 15.75 99 percent of the proceeds of this surcharge shall be deposited in 100 the Tourism Promotional Trust Fund created in s. 288.122, and 101 4.25 percent of the proceeds of this surcharge shall be 102 deposited in the Florida International Trade and Promotion Trust 103 Fund. For the purposes of this subsection, the term “proceeds of 104 this surcharge”of the surchargemeans all funds collected and 105 received by the department under this section, including 106 interest and penalties on delinquent surcharges. The department 107 shall provide the Department of Transportation rental car 108 surcharge revenue information for the previous state fiscal year 109 by September 1 of each year. 110 (b) Notwithstanding any other provision of law, the 111 proceeds deposited in the State Transportation Trust Fund shall 112 be allocated on an annual basis in the Department of 113 Transportation’s work program to each department district, 114 except the Turnpike District. The amount allocated to each 115 district shall be based on the amount of proceeds attributed to 116 the counties within each respective district. 117 (5)(4)Except as provided in this section, the department 118 shall administer, collect, and enforce the surcharge as provided 119 in this chapter. 120 (a) For purposes of this subsection, the term “dealer” 121 means a motor vehicle rental company as defined in s. 122 320.01(47), a car-sharing service as defined in s. 320.01(46), 123 or a peer-to-peer car sharing program as defined in s. 124 320.01(48). 125 (b)(a)The department shall require dealers to report 126 surcharge collections according to the county to which the 127 surcharge was attributed. For purposes of this section, the 128 surcharge shall be attributed to the county where the rental 129 agreement was entered into. 130 (c)(b)Dealers who collect the rental car surcharge shall 131 report to the department all surcharge revenues attributed to 132 the county where the rental agreement was entered into on a 133 timely filed return for each required reporting period. The 134 provisions of this chapter which apply to interest and penalties 135 on delinquent taxes apply to the surcharge. The surcharge shall 136 not be included in the calculation of estimated taxes pursuant 137 to s. 212.11. The dealer’s credit provided in s. 212.12 does not 138 apply to any amount collected under this section. 139 (6)(5)The surcharge imposed by this section does not apply 140 to a motor vehicle provided at no charge to a person whose motor 141 vehicle is being repaired, adjusted, or serviced by the entity 142 providing the replacement motor vehicle. 143 Section 2. Subsections (46), (47), and (48) are added to 144 section 320.01, Florida Statutes, to read: 145 320.01 Definitions, general.—As used in the Florida 146 Statutes, except as otherwise provided, the term: 147 (46) “Car-sharing service” means a membership-based 148 organization or business, or division thereof, which requires 149 the payment of an application fee or a membership fee and 150 provides member access to motor vehicles: 151 (a) Only at locations that are not staffed by car-sharing 152 service personnel employed solely for the purpose of interacting 153 with car-sharing service members; 154 (b) Twenty-four hours per day, 7 days per week; 155 (c) Only through automated means, including, but not 156 limited to, smartphone applications or electronic membership 157 cards; 158 (d) On an hourly basis or for a shorter increment of time; 159 (e) Without a separate fee for refueling the motor vehicle; 160 (f) Without a separate fee for minimum financial 161 responsibility liability insurance; and 162 (g) Owned or controlled by the car-sharing service or its 163 affiliates. 164 (47) “Motor vehicle rental company” means any person who is 165 in the business of providing motor vehicles to the public under 166 a rental agreement for a period of 30 days or less for 167 consideration. 168 (48) “Peer-to-peer car-sharing program” means a business 169 platform that connects vehicle owners with drivers to enable the 170 renting of vehicles for financial consideration. 171 Section 3. Section 320.0605, Florida Statutes, is amended 172 to read: 173 320.0605 Certificate of registration; possession required; 174 exception.— 175 (1)(a) The registration certificate or an official copy 176 thereof, a true copy or an electronic copy of rental or lease 177 documentation issued for a motor vehicle or issued for a 178 replacement vehicle in the same registration period, a temporary 179 receipt printed upon self-initiated electronic renewal of a 180 registration via the Internet, or a cab card issued for a 181 vehicle registered under the International Registration Plan 182 shall, at all times while the vehicle is being used or operated 183 on the roads of this state, be in the possession of the operator 184 thereof or be carried in the vehicle for which issued and shall 185 be exhibited upon demand of any authorized law enforcement 186 officer or any agent of the department, except for a vehicle 187 registered under s. 320.0657. The provisions of this section do 188 not apply during the first 30 days after purchase of a 189 replacement vehicle. A violation of this section is a 190 noncriminal traffic infraction, punishable as a nonmoving 191 violation as provided in chapter 318. 192 (b)1. The act of presenting to a law enforcement officer or 193 agent of the department an electronic device displaying an 194 electronic copy of rental or lease documentation does not 195 constitute consent for the officer or agent to access any 196 information on the device other than the displayed rental or 197 lease documentation. 198 2. The person who presents the device to the officer or 199 agent assumes liability for any resulting damage to the device. 200 (2) Rental or lease documentation that is sufficient to 201 satisfy the requirement in subsection (1) includes the 202 following: 203 (a) Dateof rentaland time ofexit fromrentalfacility; 204 (b)Rental station identification;205(c)Rental agreement number; 206 (c)(d)Rental vehicle identification number; 207 (d)(e)Rental vehicle license plate number and state of 208 registration; 209 (e)(f)Vehicle’s make, model, and color; 210 (f)(g)Vehicle’s mileage; and 211 (g)(h)Authorized renter’s name. 212 Section 4. Section 322.38, Florida Statutes, is amended to 213 read: 214 322.38 Renting motor vehicle to another.— 215 (1) ANoperson may notshallrent a motor vehicle to any 216 other person unless the otherlatterperson isthenduly 217 licensed,or, if a nonresident,he or she shall belicensed 218 under the laws of the state or country of his or her residence, 219 except a nonresident whose home state or country does not 220 require that an operator be licensed. 221 (2) ANoperson may notshallrent a motor vehicle to 222 another until he or she has inspected the driver license of the 223 person to whom the vehicle is to be rented,and hascompared and224 verified that the driver license is unexpiredsignature thereon225with the signature of such person written in his or her226presence. 227 (3) Every person renting a motor vehicle to another shall 228 keep a record of the registration number of the motor vehicle so 229 rented, the name and address of the person to whom the vehicle 230 is rented, the number of the license of said latter person, and 231 thedate andplacewhen andwhere thesaidlicense was issued. 232 Such record shall be open to inspection by any police officer, 233 or officer or employee of the department. 234 (4) If a motor vehicle is rented to a person through 235 digital, electronic, or other means that allow the renter to 236 obtain possession of the motor vehicle without direct contact 237 with an owner or agent or an employee of an entity owning the 238 vehicle, or if the renter does not execute a rental contract at 239 the time that he or she takes possession of the vehicle, it must 240 be deemed that the requirements of subsections (1) and (2) are 241 met when, at the time the renter enrolls in a membership 242 program, master agreement, or other means of establishing use of 243 the motor vehicle through a motor vehicle rental company as 244 defined in s. 320.01(47) or peer-to-peer car-sharing program as 245 defined in s. 320.01(48), or any time thereafter, the renter is 246 required to verify that he or she is duly licensed and that the 247 license is unexpired. 248 Section 5. Section 331.17, Florida Statutes, is created to 249 read: 250 331.17 Transportation services at airports.—In order to 251 facilitate the provision of service on the property of a 252 publicly owned airport that is open for public use, a motor 253 vehicle rental company as defined in 320.01(47), a car-sharing 254 service as defined in s. 320.01(46), or a peer-to-peer car 255 sharing program defined in s 320.01(48) must enter an agreement 256 with the airport to provide such services. 257 Section 6. This act shall take effect July 1, 2019.