CS for CS for SB 1394                            First Engrossed
       
       
       
       
       
       
       
       
       20161394e1
       
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 316.003, F.S.;
    4         defining the terms “service patrol vehicle” and
    5         “driver-assistive truck platooning technology”;
    6         amending s. 316.126, F.S.; requiring the driver of
    7         every other vehicle to take specified actions if a
    8         utility service vehicle displaying any visual signals
    9         or a service patrol vehicle displaying amber rotating
   10         or flashing lights is performing certain tasks on the
   11         roadside; amending s. 316.193, F.S.; authorizing, as
   12         of a specified date, a specified court to order a
   13         certain qualified sobriety and drug monitoring program
   14         under a specified pilot program as an alternative to
   15         the placement of an ignition interlock device;
   16         deleting obsolete provisions; deleting provisions
   17         relating to a qualified sobriety and drug monitoring
   18         program; directing the department to adopt rules
   19         providing for the implementation of the use of certain
   20         qualified sobriety and drug monitoring programs;
   21         redefining the terms “qualified sobriety and drug
   22         monitoring program” and “evidence-based program”;
   23         creating a qualified sobriety and drug monitoring
   24         pilot program effective on a specified date, subject
   25         to certain requirements; requiring a specified court
   26         to provide a report to the Governor and the
   27         Legislature by a specified date; amending s. 316.1937,
   28         F.S.; authorizing, as of a specified date, a specified
   29         court to order a certain qualified sobriety and drug
   30         monitoring program under a specified pilot program as
   31         an alternative to the placement of an ignition
   32         interlock device; amending s. 316.235, F.S.; revising
   33         requirements relating to a deceleration lighting
   34         system for buses; amending s. 316.303, F.S.; revising
   35         the prohibition from operating, under certain
   36         circumstances, a motor vehicle that is equipped with
   37         television-type receiving equipment; providing
   38         exceptions to the prohibition against actively
   39         displaying moving television broadcast or pre-recorded
   40         video entertainment content in vehicles; amending s.
   41         319.30, F.S.; authorizing insurance companies to
   42         receive a salvage certificate of title or certificate
   43         of destruction from the department after a specified
   44         number of days after payment of a claim as of a
   45         specified date, subject to certain requirements;
   46         requiring insurance companies seeking such title or
   47         certificate of destruction to follow a specified
   48         procedure; providing requirements for the request;
   49         amending s. 320.02, F.S.; increasing the timeframe
   50         within which the owner of any motor vehicle registered
   51         in the state must notify the department of a change of
   52         address; providing exceptions to such notification;
   53         amending s. 320.03, F.S.; providing that an authorized
   54         electronic filing agent may charge a fee to the
   55         customer for use of the electronic filing system if a
   56         specified disclosure is made; amending s. 320.07,
   57         F.S.; prohibiting a law enforcement officer from
   58         issuing a citation for a specified violation until a
   59         certain date; amending s. 320.08053, F.S.; revising
   60         presale requirements for issuance of a specialty
   61         license plate; amending s. 320.08056, F.S.; revising
   62         conditions for discontinuing issuance of a specialty
   63         license plate; providing an exception to the minimum
   64         requirements for certain specialty license plates;
   65         amending s. 320.08062, F.S.; directing the department
   66         to audit certain organizations that receive funds from
   67         the sale of specialty license plates; amending s.
   68         320.0843, F.S.; providing for a license plate that
   69         combines the Purple Heart license plate with the
   70         license plate for persons with disabilities; providing
   71         for issuance of such plate to qualified persons;
   72         requiring certain wording and symbols on the plate;
   73         amending s. 320.64, F.S.; revising provisions for
   74         denial, suspension, or revocation of the license of a
   75         manufacturer, factory branch, distributor, or importer
   76         of motor vehicles; revising provisions for certain
   77         audits of service-related payments or incentive
   78         payments to a dealer by an applicant or licensee and
   79         the timeframe for the performance of such audits;
   80         defining the term “incentive”; revising provisions for
   81         denial or chargeback of claims; revising provisions
   82         that prohibit certain adverse actions against a dealer
   83         that sold or leased a motor vehicle to a customer who
   84         exported the vehicle to a foreign country or who
   85         resold the vehicle; revising conditions for taking
   86         such adverse actions; prohibiting failure to make
   87         certain payments to a motor vehicle dealer for
   88         temporary replacement vehicles under certain
   89         circumstances; prohibiting requiring or coercing a
   90         dealer to purchase goods or services from a vendor
   91         designated by the applicant or licensee unless certain
   92         conditions are met; providing procedures for approval
   93         of a dealer to purchase goods or services from a
   94         vendor not designated by the applicant or licensee;
   95         defining the term “goods or services”; amending s.
   96         322.051, F.S.; authorizing the international symbol
   97         for the deaf and hard of hearing to be exhibited on
   98         the identification card of a person who is deaf or
   99         hard of hearing; requiring a fee for the exhibition of
  100         the symbol on the card; authorizing a replacement
  101         identification card with the symbol without payment of
  102         a specified fee under certain circumstances; providing
  103         the international symbol for the deaf and hard of
  104         hearing; requiring the department to issue or renew an
  105         identification card to certain juvenile offenders;
  106         requiring that the department’s mobile issuing units
  107         process certain identification cards at no charge;
  108         amending s. 322.14, F.S.; authorizing the
  109         international symbol for the deaf and hard of hearing
  110         to be exhibited on the driver license of a person who
  111         is deaf or hard of hearing; requiring a fee for the
  112         exhibition of the symbol on the license; authorizing a
  113         replacement license without payment of a specified fee
  114         under certain circumstances; providing applicability;
  115         amending s. 322.19, F.S.; increasing the timeframe
  116         within which certain persons must obtain a replacement
  117         driver license or identification card that reflects a
  118         change in his or her legal name; providing exceptions
  119         to such requirement; increasing the timeframe within
  120         which certain persons must obtain a replacement driver
  121         license or identification card that reflects a change
  122         in the legal residence or mailing address in his or
  123         her application, license, or card; amending s. 322.21,
  124         F.S.; exempting certain juvenile offenders from a
  125         specified fee for an original, renewal, or replacement
  126         identification card; amending s. 322.221, F.S.;
  127         requiring the department to issue an identification
  128         card at no cost at the time a person’s driver license
  129         is suspended or revoked due to his or her physical or
  130         mental condition; amending s. 322.251, F.S.; requiring
  131         the department to include in a certain notice a
  132         specified statement; amending s. 322.2715, F.S.;
  133         requiring the department to use a certain qualified
  134         sobriety and drug monitoring program as an alternative
  135         to the placement of an ignition interlock device as of
  136         a specified date under certain circumstances; amending
  137         s. 765.521, F.S.; requiring the department to maintain
  138         an integrated link on its website referring certain
  139         visitors to a donor registry; directing the Department
  140         of Transportation to study the operation of driver
  141         assistive truck platooning technology; authorizing the
  142         Department of Transportation to conduct a pilot
  143         project to test such operation; providing security
  144         requirements; requiring a report to the Governor and
  145         Legislature; providing effective dates.
  146          
  147  Be It Enacted by the Legislature of the State of Florida:
  148  
  149         Section 1. Subsections (94) and (95) are added to section
  150  316.003, Florida Statutes, to read:
  151         316.003 Definitions.—The following words and phrases, when
  152  used in this chapter, shall have the meanings respectively
  153  ascribed to them in this section, except where the context
  154  otherwise requires:
  155         (94)SERVICE PATROL VEHICLE.—A motor vehicle that bears an
  156  emblem or markings with the wording “SERVICE VEHICLE” which is
  157  visible from the roadway and clearly indicates that the vehicle
  158  belongs to or is under contract with a person, an entity, a
  159  cooperative, a board, a commission, a district, or a unit of
  160  government that provides highway assistance services to
  161  motorists, clears travel lanes, or provides temporary
  162  maintenance of traffic support for incident response operations.
  163         (95)DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
  164  automation and safety technology that integrates sensor array,
  165  wireless vehicle-to-vehicle communications, active safety
  166  systems, and specialized software to link safety systems and
  167  synchronize acceleration and braking between two vehicles while
  168  leaving each vehicle’s steering control and systems command in
  169  the control of the vehicle’s driver in compliance with the
  170  National Highway Traffic Safety Administration rules regarding
  171  vehicle-to-vehicle communications.
  172         Section 2. Section 316.126, Florida Statutes, is amended to
  173  read:
  174         316.126 Operation of vehicles and actions of pedestrians on
  175  approach of an authorized emergency, sanitation, or utility
  176  service vehicle, or service patrol vehicle.—
  177         (1)(a) Upon the immediate approach of an authorized
  178  emergency vehicle, while en route to meet an existing emergency,
  179  the driver of every other vehicle shall, when such emergency
  180  vehicle is giving audible signals by siren, exhaust whistle, or
  181  other adequate device, or visible signals by the use of
  182  displayed blue or red lights, yield the right-of-way to the
  183  emergency vehicle and shall immediately proceed to a position
  184  parallel to, and as close as reasonable to the closest edge of
  185  the curb of the roadway, clear of any intersection and shall
  186  stop and remain in position until the authorized emergency
  187  vehicle has passed, unless otherwise directed by a law
  188  enforcement officer.
  189         (b) If an authorized emergency vehicle displaying any
  190  visual signals is parked on the roadside, a sanitation vehicle
  191  is performing a task related to the provision of sanitation
  192  services on the roadside, a utility service vehicle displaying
  193  any visual signals is performing a task related to the provision
  194  of utility services on the roadside, or a wrecker displaying
  195  amber rotating or flashing lights is performing a recovery or
  196  loading on the roadside, or a service patrol vehicle displaying
  197  amber rotating or flashing lights is performing official duties
  198  or services on the roadside, the driver of every other vehicle,
  199  as soon as it is safe:
  200         1. Shall vacate the lane closest to the emergency vehicle,
  201  sanitation vehicle, utility service vehicle, or wrecker, or
  202  service patrol vehicle when driving on an interstate highway or
  203  other highway with two or more lanes traveling in the direction
  204  of the emergency vehicle, sanitation vehicle, utility service
  205  vehicle, or wrecker, or service patrol vehicle except when
  206  otherwise directed by a law enforcement officer. If such
  207  movement cannot be safely accomplished, the driver shall reduce
  208  speed as provided in subparagraph 2.
  209         2. Shall slow to a speed that is 20 miles per hour less
  210  than the posted speed limit when the posted speed limit is 25
  211  miles per hour or greater; or travel at 5 miles per hour when
  212  the posted speed limit is 20 miles per hour or less, when
  213  driving on a two-lane road, except when otherwise directed by a
  214  law enforcement officer.
  215         (c) The Department of Highway Safety and Motor Vehicles
  216  shall provide an educational awareness campaign informing the
  217  motoring public about the Move Over Act. The department shall
  218  provide information about the Move Over Act in all newly printed
  219  driver license educational materials.
  220         (2) Every pedestrian using the road right-of-way shall
  221  yield the right-of-way until the authorized emergency vehicle
  222  has passed, unless otherwise directed by a law enforcement
  223  officer.
  224         (3) An authorized emergency vehicle, when en route to meet
  225  an existing emergency, shall warn all other vehicular traffic
  226  along the emergency route by an audible signal, siren, exhaust
  227  whistle, or other adequate device or by a visible signal by the
  228  use of displayed blue or red lights. While en route to such
  229  emergency, the emergency vehicle shall otherwise proceed in a
  230  manner consistent with the laws regulating vehicular traffic
  231  upon the highways of this state.
  232         (4) This section does not diminish or enlarge any rules of
  233  evidence or liability in any case involving the operation of an
  234  emergency vehicle.
  235         (5) This section does not relieve the driver of an
  236  authorized emergency vehicle from the duty to drive with due
  237  regard for the safety of all persons using the highway.
  238         (6) A violation of this section is a noncriminal traffic
  239  infraction, punishable pursuant to chapter 318 as either a
  240  moving violation for infractions of subsection (1) or subsection
  241  (3), or as a pedestrian violation for infractions of subsection
  242  (2).
  243         Section 3. Subsection (2), present paragraph (j) of
  244  subsection (6), and subsection (11) of section 316.193, Florida
  245  Statutes, are amended, present paragraphs (k), (l), and (m) of
  246  subsection (6) are redesignated as paragraphs (j), (k), and (l),
  247  respectively, and subsections (15) and (16) are added to that
  248  section, to read:
  249         316.193 Driving under the influence; penalties.—
  250         (2)(a) Except as provided in paragraph (b), subsection (3),
  251  or subsection (4), any person who is convicted of a violation of
  252  subsection (1) shall be punished:
  253         1. By a fine of:
  254         a. Not less than $500 or more than $1,000 for a first
  255  conviction.
  256         b. Not less than $1,000 or more than $2,000 for a second
  257  conviction; and
  258         2. By imprisonment for:
  259         a. Not more than 6 months for a first conviction.
  260         b. Not more than 9 months for a second conviction.
  261         3. For a second conviction, by mandatory placement for a
  262  period of at least 1 year, at the convicted person’s sole
  263  expense, of an ignition interlock device approved by the
  264  department in accordance with s. 316.1938 upon all vehicles that
  265  are individually or jointly leased or owned and routinely
  266  operated by the convicted person, when the convicted person
  267  qualifies for a permanent or restricted license. Effective
  268  October 1, 2016, the court in the Fourth Judicial Circuit may
  269  order an offender to participate in a qualified sobriety and
  270  drug monitoring program, as defined in subsection (15) and
  271  authorized by 23 U.S.C. s. 164, under the pilot program in
  272  subsection (16), as an alternative to the placement of an
  273  ignition interlock device required by this section The
  274  installation of such device may not occur before July 1, 2003.
  275         (b)1. Any person who is convicted of a third violation of
  276  this section for an offense that occurs within 10 years after a
  277  prior conviction for a violation of this section commits a
  278  felony of the third degree, punishable as provided in s.
  279  775.082, s. 775.083, or s. 775.084. In addition, the court shall
  280  order the mandatory placement for a period of not less than 2
  281  years, at the convicted person’s sole expense, of an ignition
  282  interlock device approved by the department in accordance with
  283  s. 316.1938 upon all vehicles that are individually or jointly
  284  leased or owned and routinely operated by the convicted person,
  285  when the convicted person qualifies for a permanent or
  286  restricted license. Effective October 1, 2016, the court in the
  287  Fourth Judicial Circuit may order an offender to participate in
  288  a qualified sobriety and drug monitoring program, as defined in
  289  subsection (15) and authorized by 23 U.S.C. s. 164, under the
  290  pilot program in subsection (16), as an alternative to the
  291  placement of an ignition interlock device required by this
  292  section The installation of such device may not occur before
  293  July 1, 2003.
  294         2. Any person who is convicted of a third violation of this
  295  section for an offense that occurs more than 10 years after the
  296  date of a prior conviction for a violation of this section shall
  297  be punished by a fine of not less than $2,000 or more than
  298  $5,000 and by imprisonment for not more than 12 months. In
  299  addition, the court shall order the mandatory placement for a
  300  period of at least 2 years, at the convicted person’s sole
  301  expense, of an ignition interlock device approved by the
  302  department in accordance with s. 316.1938 upon all vehicles that
  303  are individually or jointly leased or owned and routinely
  304  operated by the convicted person, when the convicted person
  305  qualifies for a permanent or restricted license. Effective
  306  October 1, 2016, the court in the Fourth Judicial Circuit may
  307  order an offender to participate in a qualified sobriety and
  308  drug monitoring program, as defined in subsection (15) and
  309  authorized by 23 U.S.C. s. 164, under the pilot program in
  310  subsection (16), as an alternative to the placement of an
  311  ignition interlock device required by this section The
  312  installation of such device may not occur before July 1, 2003.
  313         3. Any person who is convicted of a fourth or subsequent
  314  violation of this section, regardless of when any prior
  315  conviction for a violation of this section occurred, commits a
  316  felony of the third degree, punishable as provided in s.
  317  775.082, s. 775.083, or s. 775.084. However, the fine imposed
  318  for such fourth or subsequent violation may be not less than
  319  $2,000.
  320         (c) In addition to the penalties in paragraph (a), the
  321  court may order placement, at the convicted person’s sole
  322  expense, of an ignition interlock device approved by the
  323  department in accordance with s. 316.1938 for at least 6
  324  continuous months upon all vehicles that are individually or
  325  jointly leased or owned and routinely operated by the convicted
  326  person if, at the time of the offense, the person had a blood
  327  alcohol level or breath-alcohol level of .08 or higher.
  328         (6) With respect to any person convicted of a violation of
  329  subsection (1), regardless of any penalty imposed pursuant to
  330  subsection (2), subsection (3), or subsection (4):
  331         (j)1.Notwithstanding the provisions of this section, s.
  332  316.1937, and s. 322.2715 relating to ignition interlock devices
  333  required for second or subsequent offenders, in order to
  334  strengthen the pretrial and posttrial options available to
  335  prosecutors and judges, the court may order, if deemed
  336  appropriate, that a person participate in a qualified sobriety
  337  and drug monitoring program, as defined in subparagraph 2., in
  338  addition to the ignition interlock device requirement.
  339  Participation shall be at the person’s sole expense.
  340         2.As used in this paragraph, the term “qualified sobriety
  341  and drug monitoring program” means an evidence-based program,
  342  approved by the department, in which participants are regularly
  343  tested for alcohol and drug use. As the court deems appropriate,
  344  the program may monitor alcohol or drugs through one or more of
  345  the following modalities: breath testing twice a day; continuous
  346  transdermal alcohol monitoring in cases of hardship; or random
  347  blood, breath, urine, or oral fluid testing. Testing modalities
  348  that provide the best ability to sanction a violation as close
  349  in time as reasonably feasible to the occurrence of the
  350  violation should be given preference. This paragraph does not
  351  preclude a court from ordering an ignition interlock device as a
  352  testing modality.
  353         3.For purposes of this paragraph, the term “evidence-based
  354  program” means a program that satisfies the requirements of at
  355  least two of the following:
  356         a.The program is included in the federal registry of
  357  evidence-based programs and practices.
  358         b.The program has been reported in a peer-reviewed journal
  359  as having positive effects on the primary targeted outcome.
  360         c.The program has been documented as effective by informed
  361  experts and other sources.
  362  
  363  For the purposes of this section, any conviction for a violation
  364  of s. 327.35; a previous conviction for the violation of former
  365  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  366  previous conviction outside this state for driving under the
  367  influence, driving while intoxicated, driving with an unlawful
  368  blood-alcohol level, driving with an unlawful breath-alcohol
  369  level, or any other similar alcohol-related or drug-related
  370  traffic offense, is also considered a previous conviction for
  371  violation of this section. However, in satisfaction of the fine
  372  imposed pursuant to this section, the court may, upon a finding
  373  that the defendant is financially unable to pay either all or
  374  part of the fine, order that the defendant participate for a
  375  specified additional period of time in public service or a
  376  community work project in lieu of payment of that portion of the
  377  fine which the court determines the defendant is unable to pay.
  378  In determining such additional sentence, the court shall
  379  consider the amount of the unpaid portion of the fine and the
  380  reasonable value of the services to be ordered; however, the
  381  court may not compute the reasonable value of services at a rate
  382  less than the federal minimum wage at the time of sentencing.
  383         (11) The Department of Highway Safety and Motor Vehicles is
  384  directed to adopt rules providing for the implementation of the
  385  use of ignition interlock devices and qualified sobriety and
  386  drug monitoring programs, as defined in subsection (15), to be
  387  used in the pilot program under subsection (16).
  388         (15) As used in this chapter and chapter 322, the term:
  389         (a)“Qualified sobriety and drug monitoring program” means
  390  an evidence-based program approved by the department which
  391  authorizes a court or an agency with jurisdiction, as a
  392  condition of bond, sentence, probation, parole, or restricted
  393  driving privileges, to require a person who was arrested for,
  394  pleaded guilty to, or was convicted of driving under the
  395  influence of alcohol or drugs to be regularly tested for alcohol
  396  and drug use. As the court deems appropriate, the program shall
  397  monitor alcohol or drugs through one or more of the following
  398  modalities: breath testing twice a day at a testing location;
  399  continuous transdermal alcohol monitoring via an electronic
  400  monitoring device; random blood, breath, or urine testing; or
  401  drug patch or oral fluid testing. Testing modalities that
  402  provide the best ability to detect a violation as close in time
  403  as reasonably feasible to the occurrence of the violation should
  404  be given preference. Participation shall be at the person’s sole
  405  expense.
  406         (b)“Evidence-based program” means a program that satisfies
  407  the requirements of at least two of the following:
  408         1.The program is included in the federal registry of
  409  evidence-based programs and practices.
  410         2.The program has been reported in a peer-reviewed journal
  411  as having positive effects on the primary targeted outcome.
  412         3.The program has been documented as effective by informed
  413  experts and other sources.
  414         (16)The Fourth Judicial Circuit, in coordination with the
  415  department, shall implement a qualified sobriety and drug
  416  monitoring pilot program effective October 1, 2016, for offenses
  417  where an ignition interlock device is mandated under
  418  subparagraphs (2)(a)3., (2)(b)1., and (2)(b)2. The Fourth
  419  Judicial Circuit may order a qualified sobriety and drug
  420  monitoring program, as defined in subsection (15) and authorized
  421  by 23 U.S.C. s. 164, as an alternative to the ignition interlock
  422  device. The Fourth Judicial Circuit shall provide a report on
  423  the results of the pilot program to the Governor, the President
  424  of the Senate, and the Speaker of the House of Representatives
  425  by March 1, 2018.
  426         Section 4. Subsection (1) of section 316.1937, Florida
  427  Statutes, is amended to read:
  428         316.1937 Ignition interlock devices, requiring; unlawful
  429  acts.—
  430         (1) In addition to any other authorized penalties, the
  431  court may require that any person who is convicted of driving
  432  under the influence in violation of s. 316.193 shall not operate
  433  a motor vehicle unless that vehicle is equipped with a
  434  functioning ignition interlock device certified by the
  435  department as provided in s. 316.1938, and installed in such a
  436  manner that the vehicle will not start if the operator’s blood
  437  alcohol level is in excess of 0.025 percent or as otherwise
  438  specified by the court. The court may require the use of an
  439  approved ignition interlock device for a period of at least 6
  440  continuous months, if the person is permitted to operate a motor
  441  vehicle, whether or not the privilege to operate a motor vehicle
  442  is restricted, as determined by the court. The court, however,
  443  shall order placement of an ignition interlock device in those
  444  circumstances required by s. 316.193. Effective October 1, 2016,
  445  for offenses where an ignition interlock device is mandated
  446  under s. 316.193(2)(a)3., (2)(b)1., and (2)(b)2., the court in
  447  the Fourth Judicial Circuit may order a qualified sobriety and
  448  drug monitoring program, as defined in s. 316.193(15) and
  449  authorized by 23 U.S.C. s. 164, under the pilot program in s.
  450  316.193(16) as an alternative to the ignition interlock device.
  451         Section 5. Subsection (5) of section 316.235, Florida
  452  Statutes, is amended to read:
  453         316.235 Additional lighting equipment.—
  454         (5) A bus, as defined in s. 316.003(3), may be equipped
  455  with a deceleration lighting system that which cautions
  456  following vehicles that the bus is slowing, is preparing to
  457  stop, or is stopped. Such lighting system shall consist of red
  458  or amber lights mounted in horizontal alignment on the rear of
  459  the vehicle at or near the vertical centerline of the vehicle,
  460  no greater than 12 inches apart, not higher than the lower edge
  461  of the rear window or, if the vehicle has no rear window, not
  462  higher than 100 72 inches from the ground. Such lights shall be
  463  visible from a distance of not less than 300 feet to the rear in
  464  normal sunlight. Lights are permitted to light and flash during
  465  deceleration, braking, or standing and idling of the bus.
  466  Vehicular hazard warning flashers may be used in conjunction
  467  with or in lieu of a rear-mounted deceleration lighting system.
  468         Section 6. Subsections (1) and (3) of section 316.303,
  469  Florida Statutes, are amended to read:
  470         316.303 Television receivers.—
  471         (1) No motor vehicle may be operated on the highways of
  472  this state if the vehicle is actively displaying moving
  473  television broadcast or pre-recorded video entertainment content
  474  that is shall be equipped with television-type receiving
  475  equipment so located that the viewer or screen is visible from
  476  the driver’s seat while the vehicle is in motion, unless the
  477  vehicle is equipped with autonomous technology, as defined in s.
  478  316.003(90), and is being operated in autonomous mode, as
  479  provided in s. 316.85(2).
  480         (3) This section does not prohibit the use of an electronic
  481  display used in conjunction with a vehicle navigation system, or
  482  an electronic display used by an operator of a vehicle equipped
  483  and operating with driver-assistive truck platooning technology,
  484  as defined in s. 316.003.
  485         Section 7. Paragraph (b) of subsection (3) of section
  486  319.30, Florida Statutes, is amended, and paragraph (c) is added
  487  to that subsection, to read:
  488         319.30 Definitions; dismantling, destruction, change of
  489  identity of motor vehicle or mobile home; salvage.—
  490         (3)
  491         (b) The owner, including persons who are self-insured, of a
  492  motor vehicle or mobile home that is considered to be salvage
  493  shall, within 72 hours after the motor vehicle or mobile home
  494  becomes salvage, forward the title to the motor vehicle or
  495  mobile home to the department for processing. However, an
  496  insurance company that pays money as compensation for the total
  497  loss of a motor vehicle or mobile home shall obtain the
  498  certificate of title for the motor vehicle or mobile home, make
  499  the required notification to the National Motor Vehicle Title
  500  Information System, and, within 72 hours after receiving such
  501  certificate of title, forward such title to the department for
  502  processing. The owner or insurance company, as applicable, may
  503  not dispose of a vehicle or mobile home that is a total loss
  504  before it obtains a salvage certificate of title or certificate
  505  of destruction from the department. Effective July 1, 2023:
  506         1. Thirty days after payment of a claim for compensation
  507  pursuant to this paragraph, the insurance company may receive a
  508  salvage certificate of title or certificate of destruction from
  509  the department if it is unable to obtain a properly assigned
  510  certificate of title from the owner or lienholder of the motor
  511  vehicle or mobile home, if the motor vehicle or mobile home does
  512  not carry an electronic lien on the title and the insurance
  513  company:
  514         a. Has obtained the release of all liens on the motor
  515  vehicle or mobile home;
  516         b. Has provided proof of payment of the total loss claim;
  517  and
  518         c. Has provided an affidavit on letterhead signed by an
  519  insurance company or an authorized agent of the insurance
  520  company stating the attempts which have been made to obtain the
  521  title from the owner or lienholder and further stating that all
  522  attempts are to no avail. The affidavit must include a request
  523  that the salvage certificate of title or certificate of
  524  destruction be issued in the insurance company’s name due to
  525  payment of a total loss claim to the owner or lienholder. The
  526  attempts to contact the owner may be by written request
  527  delivered in person or by first-class mail with a certificate of
  528  mailing to the owner’s or lienholder’s last known address.
  529         2. If the owner or lienholder is notified of the request
  530  for title in person, the insurance company must provide an
  531  affidavit attesting to the in-person request for a certificate
  532  of title.
  533         3. The request to the owner or lienholder for the
  534  certificate of title must include a complete description of the
  535  motor vehicle or mobile home and the statement that a total loss
  536  claim has been paid on the motor vehicle or mobile home.
  537         (c) When applying for a salvage certificate of title or
  538  certificate of destruction, the owner or insurance company must
  539  provide the department with an estimate of the costs of
  540  repairing the physical and mechanical damage suffered by the
  541  vehicle for which a salvage certificate of title or certificate
  542  of destruction is sought. If the estimated costs of repairing
  543  the physical and mechanical damage to the mobile home are equal
  544  to 80 percent or more of the current retail cost of the mobile
  545  home, as established in any official used mobile home guide, the
  546  department shall declare the mobile home unrebuildable and print
  547  a certificate of destruction, which authorizes the dismantling
  548  or destruction of the mobile home. For a late model vehicle with
  549  a current retail cost of at least $7,500 just prior to
  550  sustaining the damage that resulted in the total loss, as
  551  established in any official used car guide or valuation service,
  552  if the owner or insurance company determines that the estimated
  553  costs of repairing the physical and mechanical damage to the
  554  vehicle are equal to 90 percent or more of the current retail
  555  cost of the vehicle, as established in any official used motor
  556  vehicle guide or valuation service, the department shall declare
  557  the vehicle unrebuildable and print a certificate of
  558  destruction, which authorizes the dismantling or destruction of
  559  the motor vehicle. However, if the damaged motor vehicle is
  560  equipped with custom-lowered floors for wheelchair access or a
  561  wheelchair lift, the insurance company may, upon determining
  562  that the vehicle is repairable to a condition that is safe for
  563  operation on public roads, submit the certificate of title to
  564  the department for reissuance as a salvage rebuildable title and
  565  the addition of a title brand of “insurance-declared total
  566  loss.” The certificate of destruction shall be reassignable a
  567  maximum of two times before dismantling or destruction of the
  568  vehicle is required, and shall accompany the motor vehicle or
  569  mobile home for which it is issued, when such motor vehicle or
  570  mobile home is sold for such purposes, in lieu of a certificate
  571  of title. The department may not issue a certificate of title
  572  for that vehicle. This subsection is not applicable if a mobile
  573  home is worth less than $1,500 retail just prior to sustaining
  574  the damage that resulted in the total loss in any official used
  575  mobile home guide or when a stolen motor vehicle or mobile home
  576  is recovered in substantially intact condition and is readily
  577  resalable without extensive repairs to or replacement of the
  578  frame or engine. If a motor vehicle has a current retail cost of
  579  less than $7,500 just prior to sustaining the damage that
  580  resulted in the total loss, as established in any official used
  581  motor vehicle guide or valuation service, or if the vehicle is
  582  not a late model vehicle, the owner or insurance company that
  583  pays money as compensation for the total loss of the motor
  584  vehicle shall obtain a certificate of destruction, if the motor
  585  vehicle is damaged, wrecked, or burned to the extent that the
  586  only residual value of the motor vehicle is as a source of parts
  587  or scrap metal, or if the motor vehicle comes into this state
  588  under a title or other ownership document that indicates that
  589  the motor vehicle is not repairable, is junked, or is for parts
  590  or dismantling only. A person who knowingly violates this
  591  paragraph or falsifies documentation to avoid the requirements
  592  of this paragraph commits a misdemeanor of the first degree,
  593  punishable as provided in s. 775.082 or s. 775.083.
  594         Section 8. Subsection (4) of section 320.02, Florida
  595  Statutes, is amended to read:
  596         320.02 Registration required; application for registration;
  597  forms.—
  598         (4) Except as provided in ss. 775.21, 775.261, 943.0435,
  599  944.607, and 985.4815, the owner of any motor vehicle registered
  600  in the state shall notify the department in writing of any
  601  change of address within 30 20 days of such change. The
  602  notification shall include the registration license plate
  603  number, the vehicle identification number (VIN) or title
  604  certificate number, year of vehicle make, and the owner’s full
  605  name.
  606         Section 9. Subsection (10) of section 320.03, Florida
  607  Statutes, is amended to read:
  608         320.03 Registration; duties of tax collectors;
  609  International Registration Plan.—
  610         (10) Jurisdiction over the electronic filing system for use
  611  by authorized electronic filing system agents to electronically
  612  title or register motor vehicles, vessels, mobile homes, or off
  613  highway vehicles; issue or transfer registration license plates
  614  or decals; electronically transfer fees due for the title and
  615  registration process; and perform inquiries for title,
  616  registration, and lienholder verification and certification of
  617  service providers is expressly preempted to the state, and the
  618  department shall have regulatory authority over the system. The
  619  electronic filing system shall be available for use statewide
  620  and applied uniformly throughout the state. An entity that, in
  621  the normal course of its business, sells products that must be
  622  titled or registered, provides title and registration services
  623  on behalf of its consumers and meets all established
  624  requirements may be an authorized electronic filing system agent
  625  and shall not be precluded from participating in the electronic
  626  filing system in any county. Upon request from a qualified
  627  entity, the tax collector shall appoint the entity as an
  628  authorized electronic filing system agent for that county. The
  629  department shall adopt rules in accordance with chapter 120 to
  630  replace the December 10, 2009, program standards and to
  631  administer the provisions of this section, including, but not
  632  limited to, establishing participation requirements,
  633  certification of service providers, electronic filing system
  634  requirements, and enforcement authority for noncompliance. The
  635  December 10, 2009, program standards, excluding any standards
  636  which conflict with this subsection, shall remain in effect
  637  until the rules are adopted. If an authorized electronic filing
  638  agent makes the disclosure required under s. 501.976(18), the an
  639  authorized electronic filing agent may charge a fee to the
  640  customer for use of the electronic filing system.
  641         Section 10. Paragraph (a) of subsection (3) of section
  642  320.07, Florida Statutes, is amended to read:
  643         320.07 Expiration of registration; renewal required;
  644  penalties.—
  645         (3) The operation of any motor vehicle without having
  646  attached thereto a registration license plate and validation
  647  stickers, or the use of any mobile home without having attached
  648  thereto a mobile home sticker, for the current registration
  649  period shall subject the owner thereof, if he or she is present,
  650  or, if the owner is not present, the operator thereof to the
  651  following penalty provisions:
  652         (a) Any person whose motor vehicle or mobile home
  653  registration has been expired for a period of 6 months or less
  654  commits a noncriminal traffic infraction, punishable as a
  655  nonmoving violation as provided in chapter 318. However, a law
  656  enforcement officer may not issue a citation for a violation
  657  under this paragraph until midnight on the last day of the
  658  owner’s birth month of the year the registration expires.
  659         Section 11. Effective July 1, 2016, section 320.08053,
  660  Florida Statutes, is amended to read:
  661         320.08053 Establishment of Requirements for requests to
  662  establish specialty license plates.—
  663         (1) If a specialty license plate requested by an
  664  organization is approved by law, the organization must submit
  665  the proposed art design for the specialty license plate to the
  666  department, in a medium prescribed by the department, as soon as
  667  practicable, but no later than 60 days after the act approving
  668  the specialty license plate becomes a law.
  669         (2)(a) Within 120 days following the specialty license
  670  plate becoming law, the department shall establish a method to
  671  issue a specialty license plate voucher to allow for the presale
  672  of the specialty license plate. The processing fee as prescribed
  673  in s. 320.08056, the service charge and branch fee as prescribed
  674  in s. 320.04, and the annual use fee as prescribed in s.
  675  320.08056 shall be charged for the voucher. All other applicable
  676  fees shall be charged at the time of issuance of the license
  677  plates.
  678         (b) Within 24 months after the presale specialty license
  679  plate voucher is established, the approved specialty license
  680  plate organization must record with the department a minimum of
  681  4,000 1,000 voucher sales before manufacture of the license
  682  plate may begin commence. If, at the conclusion of the 24-month
  683  presale period, the minimum sales requirement has requirements
  684  have not been met, the specialty plate is deauthorized and the
  685  department shall discontinue development of the plate and
  686  discontinue issuance of the presale vouchers. Upon
  687  deauthorization of the license plate, a purchaser of the license
  688  plate voucher may use the annual use fee collected as a credit
  689  towards any other specialty license plate or apply for a refund
  690  on a form prescribed by the department.
  691         Section 12. Effective July 1, 2019, paragraph (a) of
  692  subsection (8) of section 320.08056, Florida Statutes, is
  693  amended to read:
  694         320.08056 Specialty license plates.—
  695         (8)(a) The department must discontinue the issuance of an
  696  approved specialty license plate if the number of valid
  697  specialty plate registrations falls below 4,000 1,000 plates for
  698  at least 12 consecutive months. A warning letter shall be mailed
  699  to the sponsoring organization following the first month in
  700  which the total number of valid specialty plate registrations is
  701  below 4,000 1,000 plates. This paragraph does not apply to
  702  collegiate license plates established under s. 320.08058(3) or
  703  specialty license plates that have statutory eligibility
  704  limitations for purchase.
  705         Section 13. Section 320.08062, Florida Statutes, is amended
  706  to read:
  707         320.08062 Audits and attestations required; annual use fees
  708  of specialty license plates.—
  709         (1)(a) All organizations that receive annual use fee
  710  proceeds from the department are responsible for ensuring that
  711  proceeds are used in accordance with ss. 320.08056 and
  712  320.08058.
  713         (b) Any organization not subject to audit pursuant to s.
  714  215.97 shall annually attest, under penalties of perjury, that
  715  such proceeds were used in compliance with ss. 320.08056 and
  716  320.08058. The attestation shall be made annually in a form and
  717  format determined by the department. In addition, the department
  718  shall audit any such organization every 2 years to ensure
  719  proceeds have been used in compliance with ss. 320.08056 and
  720  320.08058.
  721         (c) Any organization subject to audit pursuant to s. 215.97
  722  shall submit an audit report in accordance with rules
  723  promulgated by the Auditor General. The annual attestation shall
  724  be submitted to the department for review within 9 months after
  725  the end of the organization’s fiscal year.
  726         (2)(a) Within 120 days after receiving an organization’s
  727  audit or attestation, the department shall determine which
  728  recipients of revenues from specialty license plate annual use
  729  fees have not complied with subsection (1). In determining
  730  compliance, the department may commission an independent
  731  actuarial consultant, or an independent certified public
  732  accountant, who has expertise in nonprofit and charitable
  733  organizations.
  734         (b) The department must discontinue the distribution of
  735  revenues to any organization failing to submit the required
  736  documentation as required in subsection (1), but may resume
  737  distribution of the revenues upon receipt of the required
  738  information.
  739         (c) If the department or its designee determines that an
  740  organization has not complied or has failed to use the revenues
  741  in accordance with ss. 320.08056 and 320.08058, the department
  742  must discontinue the distribution of the revenues to the
  743  organization. The department shall notify the organization of
  744  its findings and direct the organization to make the changes
  745  necessary in order to comply with this chapter. If the officers
  746  of the organization sign an affidavit under penalties of perjury
  747  stating that they acknowledge the findings of the department and
  748  attest that they have taken corrective action and that the
  749  organization will submit to a followup review by the department,
  750  the department may resume the distribution of revenues.
  751         (d) If an organization fails to comply with the
  752  department’s recommendations and corrective actions as outlined
  753  in paragraph (c), the revenue distributions shall be
  754  discontinued until completion of the next regular session of the
  755  Legislature. The department shall notify the President of the
  756  Senate and the Speaker of the House of Representatives by the
  757  first day of the next regular session of any organization whose
  758  revenues have been withheld as a result of this paragraph. If
  759  the Legislature does not provide direction to the organization
  760  and the department regarding the status of the undistributed
  761  revenues, the department shall deauthorize the plate and the
  762  undistributed revenues shall be immediately deposited into the
  763  Highway Safety Operating Trust Fund.
  764         (3) The department or its designee has the authority to
  765  examine all records pertaining to the use of funds from the sale
  766  of specialty license plates.
  767         Section 14. Section 320.0843, Florida Statutes, is amended
  768  to read:
  769         320.0843 License plates for persons with disabilities
  770  eligible for permanent disabled parking permits.—
  771         (1) Any owner or lessee of a motor vehicle who resides in
  772  this state and qualifies for a disabled parking permit under s.
  773  320.0848(2), upon application to the department and payment of
  774  the license tax for a motor vehicle registered under s.
  775  320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or
  776  (9)(c) or (d), shall be issued a license plate as provided by s.
  777  320.06 which, in lieu of the serial number prescribed by s.
  778  320.06, shall be stamped with the international wheelchair user
  779  symbol after the serial number of the license plate. The license
  780  plate entitles the person to all privileges afforded by a
  781  parking permit issued under s. 320.0848. When more than one
  782  registrant is listed on the registration issued under this
  783  section, the eligible applicant shall be noted on the
  784  registration certificate.
  785         (2) An owner or lessee of a motor vehicle who resides in
  786  this state and qualifies for a license plate under s. 320.0842
  787  and a Purple Heart license plate under s. 320.089, upon
  788  application to the department, shall be issued a license plate
  789  stamped with the term “Combat-wounded Veteran” followed by the
  790  serial number of the license plate and the international symbol
  791  of accessibility. The license plate entitles the person to all
  792  privileges afforded by a license plate issued under s. 320.0842.
  793  When more than one registrant is listed on the registration
  794  issued under this section, the eligible applicant shall be noted
  795  on the registration certificate.
  796         (3)(2) All applications for such license plates must be
  797  made to the department.
  798         Section 15. Subsections (25) and (26) of section 320.64,
  799  Florida Statutes, are amended, and subsections (39) and (40) are
  800  added to that section, to read:
  801         320.64 Denial, suspension, or revocation of license;
  802  grounds.—A license of a licensee under s. 320.61 may be denied,
  803  suspended, or revoked within the entire state or at any specific
  804  location or locations within the state at which the applicant or
  805  licensee engages or proposes to engage in business, upon proof
  806  that the section was violated with sufficient frequency to
  807  establish a pattern of wrongdoing, and a licensee or applicant
  808  shall be liable for claims and remedies provided in ss. 320.695
  809  and 320.697 for any violation of any of the following
  810  provisions. A licensee is prohibited from committing the
  811  following acts:
  812         (25) The applicant or licensee has undertaken or engaged in
  813  an audit of warranty, maintenance, and other service-related
  814  payments or incentive payments, including payments to a motor
  815  vehicle dealer under any licensee-issued program, policy, or
  816  other benefit, which were previously have been paid to a motor
  817  vehicle dealer in violation of this section or has failed to
  818  comply with any of its obligations under s. 320.696. An
  819  applicant or licensee may reasonably and periodically audit a
  820  motor vehicle dealer to determine the validity of paid claims as
  821  provided in s. 320.696. Audits of warranty, maintenance, and
  822  other service-related payments shall be performed by an
  823  applicant or licensee only during the 12-month 1-year period
  824  immediately following the date the claim was paid. Audits Audit
  825  of incentive payments shall only be performed only during the
  826  12-month for an 18-month period immediately following the date
  827  the incentive was paid. As used in this section, the term
  828  “incentive” includes any bonus, incentive, or other monetary or
  829  nonmonetary consideration. After such time periods have elapsed,
  830  all warranty, maintenance, and other service-related payments
  831  and incentive payments shall be deemed final and
  832  incontrovertible for any reason notwithstanding any otherwise
  833  applicable law, and the motor vehicle dealer shall not be
  834  subject to any chargeback charge-back or repayment. An applicant
  835  or licensee may deny a claim or, as a result of a timely
  836  conducted audit, impose a chargeback charge-back against a motor
  837  vehicle dealer for warranty, maintenance, or other service
  838  related payments or incentive payments only if the applicant or
  839  licensee can show that the warranty, maintenance, or other
  840  service-related claim or incentive claim was false or fraudulent
  841  or that the motor vehicle dealer failed to substantially comply
  842  with the reasonable written and uniformly applied procedures of
  843  the applicant or licensee for such repairs or incentives, but
  844  only for that portion of the claim so shown. Notwithstanding the
  845  terms of any franchise agreement, guideline, program, policy, or
  846  procedure, an applicant or licensee may deny or charge back only
  847  that portion of a warranty, maintenance, or other service
  848  related claim or incentive claim which the applicant or licensee
  849  has proven to be false or fraudulent or for which the dealer
  850  failed to substantially comply with the reasonable written and
  851  uniformly applied procedures of the applicant or licensee for
  852  such repairs or incentives, as set forth in this subsection. An
  853  applicant or licensee may not charge back a motor vehicle dealer
  854  back subsequent to the payment of a warranty, maintenance, or
  855  service-related claim or incentive claim unless, within 30 days
  856  after a timely conducted audit, a representative of the
  857  applicant or licensee first meets in person, by telephone, or by
  858  video teleconference with an officer or employee of the dealer
  859  designated by the motor vehicle dealer. At such meeting the
  860  applicant or licensee must provide a detailed explanation, with
  861  supporting documentation, as to the basis for each of the claims
  862  for which the applicant or licensee proposed a chargeback
  863  charge-back to the dealer and a written statement containing the
  864  basis upon which the motor vehicle dealer was selected for audit
  865  or review. Thereafter, the applicant or licensee must provide
  866  the motor vehicle dealer’s representative a reasonable period
  867  after the meeting within which to respond to the proposed
  868  chargebacks charge-backs, with such period to be commensurate
  869  with the volume of claims under consideration, but in no case
  870  less than 45 days after the meeting. The applicant or licensee
  871  is prohibited from changing or altering the basis for each of
  872  the proposed chargebacks charge-backs as presented to the motor
  873  vehicle dealer’s representative following the conclusion of the
  874  audit unless the applicant or licensee receives new information
  875  affecting the basis for one or more chargebacks charge-backs and
  876  that new information is received within 30 days after the
  877  conclusion of the timely conducted audit. If the applicant or
  878  licensee claims the existence of new information, the dealer
  879  must be given the same right to a meeting and right to respond
  880  as when the chargeback charge-back was originally presented.
  881  After all internal dispute resolution processes provided through
  882  the applicant or licensee have been completed, the applicant or
  883  licensee shall give written notice to the motor vehicle dealer
  884  of the final amount of its proposed chargeback charge-back. If
  885  the dealer disputes that amount, the dealer may file a protest
  886  with the department within 30 days after receipt of the notice.
  887  If a protest is timely filed, the department shall notify the
  888  applicant or licensee of the filing of the protest, and the
  889  applicant or licensee may not take any action to recover the
  890  amount of the proposed chargeback charge-back until the
  891  department renders a final determination, which is not subject
  892  to further appeal, that the chargeback charge-back is in
  893  compliance with the provisions of this section. In any hearing
  894  pursuant to this subsection, the applicant or licensee has the
  895  burden of proof that its audit and resulting chargeback charge
  896  back are in compliance with this subsection.
  897         (26) Notwithstanding the terms of any franchise agreement,
  898  including any licensee’s program, policy, or procedure, the
  899  applicant or licensee has refused to allocate, sell, or deliver
  900  motor vehicles; charged back or withheld payments or other
  901  things of value for which the dealer is otherwise eligible under
  902  a sales promotion, program, or contest; prevented a motor
  903  vehicle dealer from participating in any promotion, program, or
  904  contest; or has taken or threatened to take any adverse action
  905  against a dealer, including chargebacks charge-backs, reducing
  906  vehicle allocations, or terminating or threatening to terminate
  907  a franchise because the dealer sold or leased a motor vehicle to
  908  a customer who exported the vehicle to a foreign country or who
  909  resold the vehicle, unless the licensee proves that the dealer
  910  knew or reasonably should have known that the customer intended
  911  to export or resell the motor vehicle. There is a rebuttable
  912  presumption that the dealer neither knew nor reasonably should
  913  have known of its customer’s intent to export or resell the
  914  vehicle if the vehicle is titled or registered in any state in
  915  this country. A licensee may not take any action against a motor
  916  vehicle dealer, including reducing its allocations or supply of
  917  motor vehicles to the dealer, or charging back to a dealer any
  918  for an incentive payment previously paid, unless the licensee
  919  first meets in person, by telephone, or video conference with an
  920  officer or other designated employee of the dealer. At such
  921  meeting, the licensee must provide a detailed explanation, with
  922  supporting documentation, as to the basis for its claim that the
  923  dealer knew or reasonably should have known of the customer’s
  924  intent to export or resell the motor vehicle. Thereafter, the
  925  motor vehicle dealer shall have a reasonable period,
  926  commensurate with the number of motor vehicles at issue, but not
  927  less than 15 days, to respond to the licensee’s claims. If,
  928  following the dealer’s response and completion of all internal
  929  dispute resolution processes provided through the applicant or
  930  licensee, the dispute remains unresolved, the dealer may file a
  931  protest with the department within 30 days after receipt of a
  932  written notice from the licensee that it still intends to take
  933  adverse action against the dealer with respect to the motor
  934  vehicles still at issue. If a protest is timely filed, the
  935  department shall notify the applicant or licensee of the filing
  936  of the protest, and the applicant or licensee may not take any
  937  action adverse to the dealer until the department renders a
  938  final determination, which is not subject to further appeal,
  939  that the licensee’s proposed action is in compliance with the
  940  provisions of this subsection. In any hearing pursuant to this
  941  subsection, the applicant or licensee has the burden of proof on
  942  all issues raised by this subsection. An applicant or licensee
  943  may not take any adverse action against a motor vehicle dealer
  944  because the dealer sold or leased a motor vehicle to a customer
  945  who exported the vehicle to a foreign country or who resold the
  946  vehicle unless the applicant or licensee provides written
  947  notification to the motor vehicle dealer of such resale or
  948  export within 12 months after the date the dealer sold or leased
  949  the vehicle to the customer.
  950         (39)Notwithstanding any agreement, program, incentive,
  951  bonus, policy, or rule, an applicant or licensee may not fail to
  952  make any payment pursuant to any agreement, program, incentive,
  953  bonus, policy, or rule for any temporary replacement motor
  954  vehicle loaned, rented, or provided by a motor vehicle dealer to
  955  or for its service or repair customers, even if the temporary
  956  replacement motor vehicle has been leased, rented, titled, or
  957  registered to the motor vehicle dealer’s rental or leasing
  958  division or an entity that is owned or controlled by the motor
  959  vehicle dealer, provided that the motor vehicle dealer or its
  960  rental or leasing division or entity complies with the written
  961  and uniformly enforced vehicle eligibility, use, and reporting
  962  requirements specified by the applicant or licensee in its
  963  agreement, program, policy, bonus, incentive, or rule relating
  964  to loaner vehicles.
  965         (40)Notwithstanding the terms of any franchise agreement,
  966  the applicant or licensee may not require or coerce, or attempt
  967  to require or coerce, a motor vehicle dealer to purchase goods
  968  or services from a vendor selected, identified, or designated by
  969  the applicant or licensee, or one of its parents, subsidiaries,
  970  divisions, or affiliates, by agreement, standard, policy,
  971  program, incentive provision, or otherwise, without making
  972  available to the motor vehicle dealer the option to obtain the
  973  goods or services of substantially similar design and quality
  974  from a vendor chosen by the motor vehicle dealer. If the motor
  975  vehicle dealer exercises such option, the dealer must provide
  976  written notice of its desire to use the alternative goods or
  977  services to the applicant or licensee, along with samples or
  978  clear descriptions of the alternative goods or services that the
  979  dealer desires to use. The licensee or applicant shall have the
  980  opportunity to evaluate the alternative goods or services for up
  981  to 30 days to determine whether it will provide a written
  982  approval to the motor vehicle dealer to use the alternative
  983  goods or services. Approval may not be unreasonably withheld by
  984  the applicant or licensee. If the motor vehicle dealer does not
  985  receive a response from the applicant or licensee within 30
  986  days, approval to use the alternative goods or services is
  987  deemed granted. If a dealer using alternative goods or services
  988  complies with this subsection and has received approval from the
  989  licensee or applicant, the dealer is not ineligible for all
  990  benefits described in the agreement, standard, policy, program,
  991  incentive provision, or otherwise solely for having used such
  992  alternative goods or services. As used in this subsection, the
  993  term “goods or services” is limited to such goods and services
  994  used to construct or renovate dealership facilities or furniture
  995  and fixtures at the dealership facilities. The term does not
  996  include:
  997         (a) Any materials subject to applicant’s or licensee’s
  998  intellectual property rights, including copyright, trademark, or
  999  trade dress rights;
 1000         (b)Any special tool and training as required by the
 1001  licensee or applicant;
 1002         (c)Any part to be used in repairs under warranty
 1003  obligations of an applicant or licensee;
 1004         (d)Any good or service paid for entirely by the applicant
 1005  or licensee; or
 1006         (e)Any applicant’s or licensee’s design or architectural
 1007  review service.
 1008  
 1009  A motor vehicle dealer who can demonstrate that a violation of,
 1010  or failure to comply with, any of the preceding provisions by an
 1011  applicant or licensee will or can adversely and pecuniarily
 1012  affect the complaining dealer, shall be entitled to pursue all
 1013  of the remedies, procedures, and rights of recovery available
 1014  under ss. 320.695 and 320.697.
 1015         Section 16. Paragraph (c) is added to subsection (8) of
 1016  section 322.051, Florida Statutes, and subsection (9) of that
 1017  section is amended, to read:
 1018         322.051 Identification cards.—
 1019         (8)
 1020         (c)The international symbol for the deaf and hard of
 1021  hearing shall be exhibited on the identification card of a
 1022  person who is deaf or hard of hearing upon the payment of an
 1023  additional $1 fee for the identification card and the
 1024  presentation of sufficient proof that the person is deaf or hard
 1025  of hearing as determined by the department. Until a person’s
 1026  identification card is next renewed, the person may have the
 1027  symbol added to his or her identification card upon surrender of
 1028  his or her current identification card, payment of a $2 fee to
 1029  be deposited into the Highway Safety Operating Trust Fund, and
 1030  presentation of sufficient proof that the person is deaf or hard
 1031  of hearing as determined by the department. If the applicant is
 1032  not conducting any other transaction affecting the
 1033  identification card, a replacement identification card may be
 1034  issued with the symbol without payment of the fee required in s.
 1035  322.21(1)(f)3. For purposes of this paragraph, the international
 1036  symbol for the deaf and hard of hearing is substantially as
 1037  follows:
 1038               Insert deaf and hard of hearing symbol              
 1039         (9) Notwithstanding any other provision of this section or
 1040  s. 322.21 to the contrary, the department shall issue or renew a
 1041  card at no charge to a person who presents evidence satisfactory
 1042  to the department that he or she is homeless as defined in s.
 1043  414.0252(7), to a juvenile offender who is in the custody or
 1044  under the supervision of the Department of Juvenile Justice and
 1045  receiving services pursuant to s. 985.461, to an inmate
 1046  receiving a card issued pursuant to s. 944.605(7), or, if
 1047  necessary, to an inmate receiving a replacement card if the
 1048  department determines that he or she has a valid state
 1049  identification card. If the replacement state identification
 1050  card is scheduled to expire within 6 months, the department may
 1051  also issue a temporary permit valid for at least 6 months after
 1052  the release date. The department’s mobile issuing units shall
 1053  process the identification cards for juvenile offenders and
 1054  inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
 1055         Section 17. Present paragraph (c) of subsection (1) of
 1056  section 322.14, Florida Statutes, is redesignated as paragraph
 1057  (d), and a new paragraph (c) is added to that subsection, to
 1058  read:
 1059         322.14 Licenses issued to drivers.—
 1060         (1)
 1061         (c)The international symbol for the deaf and hard of
 1062  hearing provided in s. 322.051(8)(c) shall be exhibited on the
 1063  driver license of a person who is deaf or hard of hearing upon
 1064  the payment of an additional $1 fee for the license and the
 1065  presentation of sufficient proof that the person is deaf or hard
 1066  of hearing as determined by the department. Until a person’s
 1067  license is next renewed, the person may have the symbol added to
 1068  his or her license upon the surrender of his or her current
 1069  license, payment of a $2 fee to be deposited into the Highway
 1070  Safety Operating Trust Fund, and presentation of sufficient
 1071  proof that the person is deaf or hard of hearing as determined
 1072  by the department. If the applicant is not conducting any other
 1073  transaction affecting the driver license, a replacement license
 1074  may be issued with the symbol without payment of the fee
 1075  required in s. 322.21(1)(e).
 1076         Section 18. The amendments made by this act to subsection
 1077  (8) of s. 322.051, Florida Statutes, and s. 322.14, Florida
 1078  Statutes, shall apply upon implementation of new designs for the
 1079  identification card and driver license by the Department of
 1080  Highway Safety and Motor Vehicles.
 1081         Section 19. Subsections (1) and (2) of section 322.19,
 1082  Florida Statutes, are amended to read:
 1083         322.19 Change of address or name.—
 1084         (1) Except as provided in ss. 775.21, 775.261, 943.0435,
 1085  944.607, and 985.4815, whenever any person, after applying for
 1086  or receiving a driver license or identification card, changes
 1087  his or her legal name, that person must within 30 10 days
 1088  thereafter obtain a replacement license or card that reflects
 1089  the change.
 1090         (2) If a Whenever any person, after applying for or
 1091  receiving a driver license or identification card, changes the
 1092  legal residence or mailing address in the application, or
 1093  license, or card, the person must, within 30 10 calendar days
 1094  after making the change, obtain a replacement license or card
 1095  that reflects the change. A written request to the department
 1096  must include the old and new addresses and the driver license or
 1097  identification card number. Any person who has a valid, current
 1098  student identification card issued by an educational institution
 1099  in this state is presumed not to have changed his or her legal
 1100  residence or mailing address. This subsection does not affect
 1101  any person required to register a permanent or temporary address
 1102  change pursuant to s. 775.13, s. 775.21, s. 775.25, or s.
 1103  943.0435.
 1104         Section 20. Paragraph (f) of subsection (1) of section
 1105  322.21, Florida Statutes, is amended to read:
 1106         322.21 License fees; procedure for handling and collecting
 1107  fees.—
 1108         (1) Except as otherwise provided herein, the fee for:
 1109         (f) An original, renewal, or replacement identification
 1110  card issued pursuant to s. 322.051 is $25, except that an
 1111  applicant who presents evidence satisfactory to the department
 1112  that he or she is homeless as defined in s. 414.0252(7); or his
 1113  or her annual income is at or below 100 percent of the federal
 1114  poverty level; or he or she is a juvenile offender who is in the
 1115  custody or under the supervision of the Department of Juvenile
 1116  Justice, is receiving services pursuant to s. 985.461, and whose
 1117  identification card is issued by the department’s mobile issuing
 1118  units is exempt from such fee. Funds collected from fees for
 1119  original, renewal, or replacement identification cards shall be
 1120  distributed as follows:
 1121         1. For an original identification card issued pursuant to
 1122  s. 322.051, the fee shall be deposited into the General Revenue
 1123  Fund.
 1124         2. For a renewal identification card issued pursuant to s.
 1125  322.051, $6 shall be deposited into the Highway Safety Operating
 1126  Trust Fund, and $19 shall be deposited into the General Revenue
 1127  Fund.
 1128         3. For a replacement identification card issued pursuant to
 1129  s. 322.051, $9 shall be deposited into the Highway Safety
 1130  Operating Trust Fund, and $16 shall be deposited into the
 1131  General Revenue Fund. Beginning July 1, 2015, or upon completion
 1132  of the transition of the driver license issuance services, if
 1133  the replacement identification card is issued by the tax
 1134  collector, the tax collector shall retain the $9 that would
 1135  otherwise be deposited into the Highway Safety Operating Trust
 1136  Fund and the remaining revenues shall be deposited into the
 1137  General Revenue Fund.
 1138         Section 21. Subsection (3) of section 322.221, Florida
 1139  Statutes, is amended to read:
 1140         322.221 Department may require reexamination.—
 1141         (3)(a) Upon the conclusion of such examination or
 1142  reexamination the department shall take action as may be
 1143  appropriate and may suspend or revoke the license of such person
 1144  or permit him or her to retain such license, or may issue a
 1145  license subject to restrictions as permitted under s. 322.16.
 1146  Refusal or neglect of the licensee to submit to such examination
 1147  or reexamination shall be ground for suspension or revocation of
 1148  his or her license.
 1149         (b)If the department suspends or revokes the license of a
 1150  person due to his or her physical or mental condition, the
 1151  department shall issue an identification card to the person at
 1152  the time of the license suspension or revocation. The department
 1153  may not charge fees for the issuance of the identification card.
 1154         Section 22. Subsection (2) of section 322.251, Florida
 1155  Statutes, is amended to read:
 1156         322.251 Notice of cancellation, suspension, revocation, or
 1157  disqualification of license.—
 1158         (2) The giving of notice and an order of cancellation,
 1159  suspension, revocation, or disqualification by mail is complete
 1160  upon expiration of 20 days after deposit in the United States
 1161  mail for all notices except those issued under chapter 324 or
 1162  ss. 627.732–627.734, which are complete 15 days after deposit in
 1163  the United States mail. Proof of the giving of notice and an
 1164  order of cancellation, suspension, revocation, or
 1165  disqualification in either manner shall be made by entry in the
 1166  records of the department that such notice was given. The entry
 1167  is admissible in the courts of this state and constitutes
 1168  sufficient proof that such notice was given. If notice is given
 1169  that a driving privilege will be suspended for nonpayment of a
 1170  fine, the department must include in the notice a statement
 1171  informing the violator that, if he or she is unable to pay the
 1172  citation in full, he or she may avoid a suspension by agreeing
 1173  to a payment plan, based on his or her ability to pay, which
 1174  will be provided through the clerk of the court in the county in
 1175  which the citation was written.
 1176         Section 23. Subsections (1), (3), and (4) of section
 1177  322.2715, Florida Statutes, are amended to read:
 1178         322.2715 Ignition interlock device.—
 1179         (1) Before issuing a permanent or restricted driver license
 1180  under this chapter, the department shall require the placement
 1181  of a department-approved ignition interlock device for any
 1182  person convicted of committing an offense of driving under the
 1183  influence as specified in subsection (3), except that
 1184  consideration may be given to those individuals having a
 1185  documented medical condition that would prohibit the device from
 1186  functioning normally. If a medical waiver has been granted for a
 1187  convicted person seeking a restricted license, the convicted
 1188  person is shall not be entitled to a restricted license until
 1189  the required ignition interlock device installation period under
 1190  subsection (3) expires, in addition to the time requirements
 1191  under s. 322.271. If a medical waiver has been approved for a
 1192  convicted person seeking permanent reinstatement of the driver
 1193  license, the convicted person must be restricted to an
 1194  employment-purposes-only license and be supervised by a licensed
 1195  DUI program until the required ignition interlock device
 1196  installation period under subsection (3) expires. An interlock
 1197  device shall be placed on all vehicles that are individually or
 1198  jointly leased or owned and routinely operated by the convicted
 1199  person. Effective October 1, 2016, if a court in the Fourth
 1200  Judicial Circuit orders a qualified sobriety and drug monitoring
 1201  program as defined in s. 316.193(15) and authorized by 23 U.S.C.
 1202  s. 164 under the pilot program implemented under s. 316.193(16),
 1203  the department shall use the monitoring program as an
 1204  alternative to the placement of an ignition interlock device
 1205  required by this section.
 1206         (3) If the person is convicted of:
 1207         (a) A first offense of driving under the influence under s.
 1208  316.193 and has an unlawful blood-alcohol level or breath
 1209  alcohol level as specified in s. 316.193(1), the ignition
 1210  interlock device may be installed for at least 6 continuous
 1211  months.
 1212         (b) A first offense of driving under the influence under s.
 1213  316.193 and has an unlawful blood-alcohol level or breath
 1214  alcohol level as specified in s. 316.193(4), or if a person is
 1215  convicted of a violation of s. 316.193 and was at the time of
 1216  the offense accompanied in the vehicle by a person younger than
 1217  18 years of age, the person shall have the ignition interlock
 1218  device installed for at least 6 continuous months for the first
 1219  offense and for at least 2 continuous years for a second
 1220  offense.
 1221         (c) A second offense of driving under the influence, the
 1222  ignition interlock device shall be installed for a period of at
 1223  least 1 continuous year.
 1224         (d) A third offense of driving under the influence which
 1225  occurs within 10 years after a prior conviction for a violation
 1226  of s. 316.193, the ignition interlock device shall be installed
 1227  for a period of at least 2 continuous years.
 1228         (e) A third offense of driving under the influence which
 1229  occurs more than 10 years after the date of a prior conviction,
 1230  the ignition interlock device shall be installed for a period of
 1231  at least 2 continuous years.
 1232         (f) A fourth or subsequent offense of driving under the
 1233  influence, the ignition interlock device shall be installed for
 1234  a period of at least 5 years.
 1235  
 1236  Effective October 1, 2016, if a court in the Fourth Judicial
 1237  Circuit orders a qualified sobriety and drug monitoring program
 1238  as defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164
 1239  under the pilot program implemented under s. 316.193(16), the
 1240  department shall use the monitoring program as an alternative to
 1241  the placement of an ignition interlock device required by this
 1242  section.
 1243         (4) If the court fails to order the mandatory placement of
 1244  the ignition interlock device or fails to order for the
 1245  applicable period the mandatory placement of an ignition
 1246  interlock device under s. 316.193 or s. 316.1937 at the time of
 1247  imposing sentence or within 30 days thereafter, the department
 1248  shall immediately require that the ignition interlock device be
 1249  installed as provided in this section, except that consideration
 1250  may be given to those individuals having a documented medical
 1251  condition that would prohibit the device from functioning
 1252  normally. Effective October 1, 2016, if a court in the Fourth
 1253  Judicial Circuit orders a qualified sobriety and drug monitoring
 1254  program as defined in s. 316.193(15) and authorized by 23 U.S.C.
 1255  s. 164 under the pilot program implemented under s. 316.193(16),
 1256  the department shall use the monitoring program as an
 1257  alternative to the placement of an ignition interlock device
 1258  required by this section. This subsection applies to the
 1259  reinstatement of the driving privilege following a revocation,
 1260  suspension, or cancellation that is based upon a conviction for
 1261  the offense of driving under the influence which occurs on or
 1262  after July 1, 2005.
 1263         Section 24. Present subsections (2) and (3) of section
 1264  765.521, Florida Statutes, are redesignated as subsections (3)
 1265  and (4), respectively, and a new subsection (2) is added to that
 1266  section, to read:
 1267         765.521 Donations as part of driver license or
 1268  identification card process.—
 1269         (2) The department shall maintain an integrated link on its
 1270  website referring a visitor renewing a driver license or
 1271  conducting other business to the donor registry operated under
 1272  s. 765.5155.
 1273         Section 25. The Department of Transportation, in
 1274  consultation with the Department of Highway Safety and Motor
 1275  Vehicles, shall study the use and safe operation of driver
 1276  assistive truck platooning technology, as defined in s. 316.003,
 1277  Florida Statutes, for the purpose of developing a pilot project
 1278  to test vehicles that are equipped to operate using driver
 1279  assistive truck platooning technology.
 1280         (1)Upon conclusion of the study, the Department of
 1281  Transportation, in consultation with the Department of Highway
 1282  Safety and Motor Vehicles, may conduct a pilot project to test
 1283  the use and safe operation of vehicles equipped with driver
 1284  assistive truck platooning technology.
 1285         (2)Notwithstanding ss. 316.0895 and 316.303, Florida
 1286  Statutes, the Department of Transportation may conduct the pilot
 1287  project in such a manner and at such locations as determined by
 1288  the Department of Transportation based on the study.
 1289         (3)Before the start of the pilot project, manufacturers of
 1290  driver–assistive truck platooning technology being tested in the
 1291  pilot project must submit to the Department of Highway Safety
 1292  and Motor Vehicles an instrument of insurance, surety bond, or
 1293  proof of self-insurance acceptable to the department in the
 1294  amount of $5 million.
 1295         (4)Upon conclusion of the pilot project, the Department of
 1296  Transportation, in consultation with the Department of Highway
 1297  Safety and Motor Vehicles, shall submit the results of the study
 1298  and any findings or recommendations from the pilot project to
 1299  the Governor, the President of the Senate, and the Speaker of
 1300  the House of Representatives.
 1301         Section 26. Except as otherwise expressly provided in this
 1302  act, and except for this section, which shall take effect July
 1303  1, 2016, this act shall take effect on October 1, 2016.