SB697,2,108 (a) "Event data recorder" means a device installed in a motor vehicle for the
9purposes of recording or transmitting information about the motor vehicle, including
10a device that performs any of the following functions:
SB697,2,1111 1. Recording the direction and rate of speed at which the motor vehicle travels.
SB697,2,1212 2. Recording the locations to which the motor vehicle travels.
SB697,2,1313 3. Recording information concerning steering performance.
SB697,2,1514 4. Recording information concerning brake performance, including whether
15the brake was applied before an accident.
SB697,3,1
15. Recording information regarding safety belt usage.
SB697,3,32 6. Transmitting information concerning an accident to a central
3communications system.
SB697,3,54 (b) Notwithstanding s. 340.01 (42), "owner" means, with respect to a vehicle
5that is leased to a lessee for a period of 3 months or more, the lessee.
SB697,3,76 (c) "Usage-based motor vehicle liability insurance policy" has the meaning
7given in s. 632.367 (1) (b).
SB697,3,11 8(2) No person may access, collect, or transfer information stored on an event
9data recorder installed in a motor vehicle unless the person discloses the intended
10use of the information to an owner and receives the written consent of an owner,
11except for any of the following:
SB697,3,1212 (a) To effectuate a court order.
SB697,3,1413 (b) In the provision of a service for which an owner has contracted, if the
14information to be accessed or transferred is described in the contract for the service.
SB697,3,1715 (c) To obtain vehicle use information in connection with a usage-based motor
16vehicle liability insurance policy and for which consent was given at the time the
17policy was entered into.
SB697,3,2318 (d) For the department or any law enforcement agency to transfer information,
19including personally identifiable information, as defined in s. 19.62 (5), to an insurer,
20insurance support organization, or self-insured entity, or to the agents, employees,
21or contractors of an insurer, insurance support organization, or self-insured entity,
22in connection with claims investigation activities, antifraud activities, rating, or
23underwriting.
SB697,4,224 (e) For a motor vehicle dealer, as defined in 218.0101 (23) (a), or a person in the
25business of maintenance or repair of motor vehicles to access information stored on

1an event data recorder installed in a motor vehicle if the information is used solely
2for diagnosing, servicing, or repairing the motor vehicle.
SB697,3 3Section 3. 347.50 (1) of the statutes is amended to read:
SB697,4,74 347.50 (1) Any person violating ss. 347.35 to 347.49, except s. 347.375, s.
5347.385 (5), s. 347.413 (1) or s. 347.415 (1m), (2) and (3) to (5) or s. 347.417 (1) or s.
6347.475 or s. 347.48 (2m) or (4) or s. 347.489, may be required to forfeit not less than
7$10 nor more than $200.
SB697,4 8Section 4. 347.50 (1g) of the statutes is created to read:
SB697,4,109 347.50 (1g) Any person violating s. 347.375 (2) may be required to forfeit not
10less than $200 nor more than $2,000.
SB697,5 11Section 5. 632.367 of the statutes is created to read:
SB697,4,13 12632.367 Prohibited practices based on access to event data recorder
13information.
(1) Definitions. In this section:
SB697,4,1414 (a) "Event data recorder" has the meaning given in s. 347.375 (1) (a).
SB697,4,1915 (b) "Usage-based motor vehicle liability insurance policy" means a motor
16vehicle liability insurance policy for which the premium rate is based not only on
17such factors as the type of vehicle and number of miles driven, but also on driving
18habits and behaviors, such as where, when, and how the vehicle is driven, as shown
19by the active, digital monitoring of such habits and behaviors.
SB697,4,25 20(2) Policy issuance or renewal. An insurer may not condition the issuance or
21renewal of a motor vehicle liability insurance policy wholly or substantially on
22whether the motor vehicle insured or to be insured under the policy is equipped with
23an event data recorder or, if the vehicle is equipped with an event data recorder, on
24whether the insured or applicant for insurance authorizes the insurer to have access
25to or use information collected by the event data recorder.
SB697,5,8
1(3) Policy cancellation or coverage exclusion, limitation, or denial. An
2insurer may not cancel a motor vehicle liability insurance policy, exclude or limit
3coverage under a motor vehicle liability insurance policy, or deny a claim under a
4motor vehicle liability insurance policy wholly or substantially on the basis of
5whether the motor vehicle insured under the policy is equipped with an event data
6recorder or, if the vehicle is equipped with an event data recorder, on the basis of
7whether the insured authorizes the insurer to have access to or use information
8collected by the event data recorder.
SB697,5,10 9(4) Exception for usage-based policies. Subsections (2) and (3) do not apply
10with respect to a usage-based motor vehicle liability insurance policy.
SB697,6 11Section 6. Initial applicability.
SB697,5,1612 (1) Prohibited insurance practices. If a motor vehicle liability insurance
13policy that is in effect on the effective date of this subsection contains a provision that
14is inconsistent with the creation of section 632.367 (3) of the statutes, the creation
15of section 632.367 (3) of the statutes first applies to that motor vehicle liability
16insurance policy on the date on which it is renewed.
SB697,7 17Section 7. Effective date. This act takes effect on the day after publication,
18except as follows:
SB697,5,2019 (1) The treatment of section 218.0152 (4) of the statutes takes effect on July 1,
202016.
SB697,5,2121 (End)
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