Florida Senate - 2021                                    SB 1500
       
       
        
       By Senator Harrell
       
       
       
       
       
       25-01617C-21                                          20211500__
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s.
    3         316.126, F.S.; requiring drivers to change lanes when
    4         approaching a road and bridge maintenance or
    5         construction vehicle displaying warning lights on the
    6         roadside; amending s. 316.305, F.S.; deleting obsolete
    7         language; amending s. 316.70, F.S.; providing that
    8         owners and drivers of nonpublic sector buses operated
    9         on public highways of this state are subject to
   10         specified provisions of law; authorizing the
   11         Department of Highway Safety and Motor Vehicles to
   12         conduct compliance reviews for a specified purpose;
   13         revising civil penalties; authorizing certain law
   14         enforcement officers and appointed agents to require
   15         drivers of commercial vehicles to submit to an
   16         inspection of the vehicle and the driver’s records;
   17         authorizing such officers and agents to require the
   18         vehicle and driver to be removed from service under
   19         specified conditions; authorizing such officers and
   20         agents to give written notice; creating s. 319.1414,
   21         F.S.; authorizing the department to conduct
   22         investigations and examinations of department
   23         authorized private rebuilt inspection providers;
   24         authorizing the department to exercise certain powers
   25         when conducting such investigations and examinations;
   26         authorizing the department to petition a court if a
   27         person refuses to testify, produce materials, or obey
   28         a subpoena or subpoena duces tecum; requiring the
   29         court to issue an order; requiring such person to obey
   30         the subpoena or show cause for failing to obey the
   31         subpoena; providing a penalty for a person who fails
   32         to comply with the court’s order; authorizing the
   33         department to designate agents for specified purposes;
   34         providing that subpoenaed witnesses are entitled to
   35         witness fees; providing exceptions; authorizing the
   36         department to adopt rules; amending s. 319.25, F.S.;
   37         authorizing the department to conduct investigations
   38         and examinations relating to violations of provisions
   39         relating to title certificates; authorizing the
   40         department to exercise certain powers when conducting
   41         such investigations and examinations; authorizing the
   42         department to petition a court if a person refuses to
   43         testify, produce materials, or obey a subpoena or
   44         subpoena duces tecum; requiring the court to issue an
   45         order; requiring such person to obey the subpoena or
   46         show cause for failing to obey the subpoena; providing
   47         a penalty for a person who fails to comply with the
   48         court’s order; authorizing the department to designate
   49         agents for specified purposes; providing that
   50         subpoenaed witnesses are entitled to witness fees;
   51         providing exceptions; authorizing the department to
   52         adopt rules; amending s. 320.27, F.S.; requiring motor
   53         vehicle dealer licensees to deliver copies of renewed,
   54         continued, changed, or new insurance policies to the
   55         department within specified timeframes under certain
   56         conditions; requiring such licensees to deliver copies
   57         of renewed, continued, changed, or new surety bonds or
   58         irrevocable letters of credit to the department within
   59         specified timeframes under certain conditions;
   60         amending s. 320.77, F.S.; requiring mobile home dealer
   61         licensees to deliver copies of renewed, continued,
   62         changed, or new surety bonds, cash bonds, or
   63         irrevocable letters of credit to the department within
   64         specified timeframes under certain conditions;
   65         amending s. 320.8225, F.S.; requiring mobile home and
   66         recreational vehicle manufacturer, distributor, and
   67         importer licensees to deliver copies of renewed,
   68         continued, changed, or new surety bonds, cash bonds,
   69         or letters of credit to the department within
   70         specified timeframes under certain conditions;
   71         amending s. 320.861, F.S.; authorizing the department
   72         to conduct investigations and examinations relating to
   73         violations of certain laws, rules, or orders relating
   74         to motor vehicle licenses; revising the powers of the
   75         department relating to conducting such investigations
   76         and examinations; authorizing the department to
   77         petition a court if a person refuses to testify,
   78         produce materials, or obey a subpoena or subpoena
   79         duces tecum; requiring the court to issue an order;
   80         requiring such person to obey the subpoena or show
   81         cause for failing to obey the subpoena; providing a
   82         penalty for a person who fails to comply with the
   83         court’s order; authorizing the department to designate
   84         agents for specified purposes; providing that
   85         subpoenaed witnesses are entitled to witness fees;
   86         providing exceptions; authorizing the department to
   87         adopt rules; creating s. 322.71, F.S.; authorizing the
   88         department to conduct investigations and examinations
   89         relating to violations of certain laws, rules, or
   90         orders relating to driver licenses; authorizing the
   91         department to exercise certain powers when conducting
   92         such investigations and examinations; authorizing the
   93         department to petition a court if a person refuses to
   94         testify, produce materials, or obey a subpoena or
   95         subpoena duces tecum; requiring the court to issue an
   96         order; requiring such person to obey the subpoena or
   97         show cause for failing to obey the subpoena; providing
   98         a penalty for a person who fails to comply with the
   99         court’s order; authorizing the department to designate
  100         agents for specified purposes; providing that
  101         subpoenaed witnesses are entitled to witness fees;
  102         providing exceptions; authorizing the department to
  103         adopt rules; amending s. 348.754, F.S.; prohibiting
  104         the Central Florida Expressway Authority from
  105         constructing any extensions, additions, or
  106         improvements to the Central Florida Expressway System
  107         in Lake County without the prior consultation, rather
  108         than consent, of the Secretary of Transportation;
  109         reenacting s. 318.18(2)(d), F.S., relating to the
  110         amount of penalties, to incorporate the amendment made
  111         to s. 316.126, F.S., in a reference thereto;
  112         reenacting s. 316.3026(1), F.S., relating to unlawful
  113         operation of motor carriers, to incorporate the
  114         amendment made to s. 316.70, F.S., in a reference
  115         thereto; providing an effective date.
  116          
  117  Be It Enacted by the Legislature of the State of Florida:
  118  
  119         Section 1. Paragraph (b) of subsection (1) of section
  120  316.126, Florida Statutes, is amended, and subsection (6) of
  121  that section is reenacted, to read:
  122         316.126 Operation of vehicles and actions of pedestrians on
  123  approach of an authorized emergency, sanitation, or utility
  124  service vehicle.—
  125         (1)
  126         (b) If an authorized emergency vehicle displaying any
  127  visual signals is parked on the roadside, a sanitation vehicle
  128  is performing a task related to the provision of sanitation
  129  services on the roadside, a utility service vehicle is
  130  performing a task related to the provision of utility services
  131  on the roadside, or a wrecker displaying amber rotating or
  132  flashing lights is performing a recovery or loading on the
  133  roadside, or a road and bridge maintenance or construction
  134  vehicle displaying warning lights is on the roadside without
  135  advance signs and channelizing devices, the driver of every
  136  other vehicle, as soon as it is safe:
  137         1. Shall vacate the lane closest to the emergency vehicle,
  138  sanitation vehicle, utility service vehicle, or wrecker, or road
  139  and bridge maintenance or construction vehicle when driving on
  140  an interstate highway or other highway with two or more lanes
  141  traveling in the direction of the emergency vehicle, sanitation
  142  vehicle, utility service vehicle, or wrecker, or road and bridge
  143  maintenance or construction vehicle except when otherwise
  144  directed by a law enforcement officer. If such movement cannot
  145  be safely accomplished, the driver shall reduce speed as
  146  provided in subparagraph 2.
  147         2. Shall slow to a speed that is 20 miles per hour less
  148  than the posted speed limit when the posted speed limit is 25
  149  miles per hour or greater; or travel at 5 miles per hour when
  150  the posted speed limit is 20 miles per hour or less, when
  151  driving on a two-lane road, except when otherwise directed by a
  152  law enforcement officer.
  153         (6) A violation of this section is a noncriminal traffic
  154  infraction, punishable pursuant to chapter 318 as either a
  155  moving violation for infractions of subsection (1) or subsection
  156  (3), or as a pedestrian violation for infractions of subsection
  157  (2).
  158         Section 2. Subsection (5) of section 316.305, Florida
  159  Statutes, is amended to read:
  160         316.305 Wireless communications devices; prohibition.—
  161         (5) When a law enforcement officer issues a citation for a
  162  violation of this section, the law enforcement officer must
  163  record the race and ethnicity of the violator. All law
  164  enforcement agencies must maintain such information and report
  165  the information to the department in a form and manner
  166  determined by the department. Beginning February 1, 2020, The
  167  department shall annually report the data collected under this
  168  subsection to the Governor, the President of the Senate, and the
  169  Speaker of the House of Representatives. The data collected must
  170  be reported at least by statewide totals for local law
  171  enforcement agencies, state law enforcement agencies, and state
  172  university law enforcement agencies. The statewide total for
  173  local law enforcement agencies shall combine the data for the
  174  county sheriffs and the municipal law enforcement agencies.
  175         Section 3. Section 316.70, Florida Statutes, is amended to
  176  read:
  177         316.70 Nonpublic sector buses; safety rules.—
  178         (1) All owners and drivers of nonpublic sector buses
  179  operated on the public highways of this state are subject to the
  180  rules and regulations The Department of Transportation shall
  181  establish and revise standards to ensure the safe operation of
  182  nonpublic sector buses, which standards shall be those contained
  183  in 49 C.F.R. parts 382, 385, and 390-397 to ensure and which
  184  shall be directed toward ensuring that:
  185         (a) Nonpublic sector buses are safely maintained, equipped,
  186  and operated.
  187         (b) Nonpublic sector buses are carrying the insurance
  188  required by law and carrying liability insurance on the checked
  189  baggage of passengers not to exceed the standard adopted by the
  190  United States Department of Transportation.
  191         (c) Florida license tags are purchased for nonpublic sector
  192  buses pursuant to s. 320.38.
  193         (d) The driving records of drivers of nonpublic sector
  194  buses are checked by their employers at least once each year to
  195  ascertain whether the driver has a suspended or revoked driver
  196  license.
  197         (2) Department of Highway Safety and Motor Vehicles
  198  Transportation personnel may conduct compliance reviews for the
  199  purpose of determining compliance with this section. A civil
  200  penalty not to exceed $5,000 in the aggregate may be assessed
  201  against any person who violates any provision of this section or
  202  who violates any rule or order of the department found during a
  203  compliance review as provided in s. 316.3025. A of
  204  Transportation. A civil penalty not to exceed $25,000 in the
  205  aggregate may be assessed for violations found in a followup
  206  compliance review conducted within a 24-month period. A civil
  207  penalty not to exceed $25,000 in the aggregate may be assessed
  208  and the motor carrier may be enjoined from operation pursuant to
  209  s. 316.3026 for if violations found during a are found after a
  210  second followup compliance review within 12 months after the
  211  first followup compliance review. Motor carriers found to be
  212  operating without insurance coverage required by s. 627.742 or
  213  49 C.F.R. part 387 may be enjoined as provided in s. 316.3026.
  214         (3) For the purpose of enforcing this section, any law
  215  enforcement officer of the Department of Highway Safety and
  216  Motor Vehicles or a duly appointed agent of the department who
  217  holds a current safety inspector certification from the
  218  Commercial Vehicle Safety Alliance may require the driver of any
  219  commercial vehicle operated on the highways of this state to
  220  stop and submit to an inspection of the vehicle or the driver’s
  221  records. If the vehicle is being operated or the driver is
  222  operating the vehicle in an unsafe condition, or if any required
  223  part or equipment is not present or is not in proper repair or
  224  adjustment, and the continued operation would be unduly
  225  hazardous, the officer or agent may require the vehicle or the
  226  driver to be removed from service pursuant to the North American
  227  Standard Out-of-Service Criteria until all safety concerns are
  228  corrected. However, if continuous operation would not be unduly
  229  hazardous, the officer or agent may give written notice
  230  requiring correction of the condition within 15 days after the
  231  inspection.
  232         (4) School buses subject to the provisions of chapter 1006
  233  or s. 316.615 are exempt from the provisions of this section.
  234         Section 4. Section 319.1414, Florida Statutes, is created
  235  to read:
  236         319.1414 Investigations; examinations; subpoenas; hearings;
  237  witnesses.
  238         (1)The department may conduct investigations and
  239  examinations of department-authorized private rebuilt inspection
  240  providers as it deems necessary to determine whether a person
  241  has violated or is about to violate this chapter or a contract
  242  entered into pursuant to this chapter or to assist with the
  243  enforcement of this chapter.
  244         (2)For purposes of any investigation or examination
  245  conducted pursuant to this section, the department may exercise
  246  the power of subpoena and the powers to administer oaths or
  247  affirmations, to examine witnesses, to require affidavits, to
  248  take depositions, and to compel the attendance of witnesses and
  249  the production of books, papers, documents, records, and other
  250  evidence. A designated agent of the department may serve a
  251  subpoena relating to an investigation or examination.
  252         (3)If a person refuses to testify; produce books, papers,
  253  documents, or records; or otherwise obey a subpoena or subpoena
  254  duces tecum issued under subsection (2), the department may
  255  petition a court of competent jurisdiction in the county where
  256  the person’s residence or principal place of business is
  257  located, upon which the court must issue an order requiring such
  258  person to obey the subpoena or show cause for failing to obey
  259  the subpoena. Unless the person shows sufficient cause for
  260  failing to obey the subpoena, the court shall direct the person
  261  to obey the subpoena. Failure to comply with such order is
  262  contempt of court.
  263         (4)For the purpose of any investigation, examination, or
  264  proceeding initiated by the department under this chapter, the
  265  department is authorized to designate agents to serve subpoenas
  266  and other process and to administer oaths or affirmations.
  267         (5)Witnesses subpoenaed under this section are entitled to
  268  witness fees at the same rate established by s. 92.142 for
  269  witnesses in a civil case, except that witness fees are not
  270  payable for appearance at the witness’s place of business during
  271  regular business hours or at the witness’s residence.
  272         (6)The department may adopt rules to administer this
  273  section.
  274         Section 5. Section 319.25, Florida Statutes, is amended to
  275  read:
  276         319.25 Cancellation of certificates; investigations;
  277  subpoenas and other process; oaths; rules.—
  278         (1) If it appears that a certificate of title has been
  279  improperly issued, the department shall cancel the certificate.
  280  Upon cancellation of any certificate of title, the department
  281  shall notify the person to whom the certificate of title was
  282  issued, as well as any lienholders appearing thereon, of the
  283  cancellation and shall demand the surrender of the certificate
  284  of title, but the cancellation shall not affect the validity of
  285  any lien noted thereon. The holder of the certificate of title
  286  shall return it to the department forthwith. If a certificate of
  287  registration has been issued to the holder of a certificate of
  288  title so canceled, the department shall immediately cancel the
  289  certificate of registration and demand the return of such
  290  certificate of registration and license plate or mobile home
  291  sticker; and the holder of such certificate of registration and
  292  license plate or sticker shall return them to the department
  293  forthwith.
  294         (2) The department is authorized, upon application of any
  295  person and payment of the proper fees, to prepare and furnish
  296  lists containing title information in such form as the
  297  department may authorize, to search the records of the
  298  department and make reports thereof, and to make photographic
  299  copies of the department records and attestations thereof,
  300  except as provided in chapter 119.
  301         (3)The department may conduct investigations and
  302  examinations of any person suspected of violating or of having
  303  violated this chapter or any rule adopted or order issued under
  304  this chapter.
  305         (4)For purposes of any investigation or examination
  306  conducted pursuant to this section, the department may exercise
  307  the power of subpoena and the powers to administer oaths or
  308  affirmations, to examine witnesses, to require affidavits, to
  309  take depositions, and to compel the attendance of witnesses and
  310  the production of books, papers, documents, records, and other
  311  evidence. An authorized representative of the department may
  312  serve a subpoena relating to an investigation or examination.
  313         (5)If a person refuses to testify; produce books, papers,
  314  documents, or records; or otherwise obey the subpoena or
  315  subpoena duces tecum issued under subsection (4), the department
  316  may petition a court of competent jurisdiction in the county
  317  where the person’s residence or principal place of business is
  318  located, upon which the court must issue an order requiring such
  319  person to obey the subpoena or show cause for failing to obey
  320  the subpoena. Unless the person shows sufficient cause for
  321  failing to obey the subpoena, the court must direct the person
  322  to obey the subpoena. Failure to comply with such order is
  323  contempt of court.
  324         (6)For the purpose of any investigation, examination, or
  325  proceeding initiated by the department under this chapter, the
  326  department is authorized to designate agents to serve subpoenas
  327  and other process and to administer oaths or affirmations.
  328         (7)Witnesses subpoenaed under this section are entitled to
  329  witness fees at the same rate established by s. 92.142 for
  330  witnesses in a civil case, except that witness fees are not
  331  payable for appearance at the witness’s place of business during
  332  regular business hours or at the witness’s residence.
  333         (8)The department may adopt rules to administer this
  334  section.
  335         Section 6. Subsection (3) and paragraph (a) of subsection
  336  (10) of section 320.27, Florida Statutes, are amended to read:
  337         320.27 Motor vehicle dealers.—
  338         (3) APPLICATION AND FEE.—The application for the license
  339  shall be in such form as may be prescribed by the department and
  340  shall be subject to such rules with respect thereto as may be so
  341  prescribed by it. Such application shall be verified by oath or
  342  affirmation and shall contain a full statement of the name and
  343  birth date of the person or persons applying therefor; the name
  344  of the firm or copartnership, with the names and places of
  345  residence of all members thereof, if such applicant is a firm or
  346  copartnership; the names and places of residence of the
  347  principal officers, if the applicant is a body corporate or
  348  other artificial body; the name of the state under whose laws
  349  the corporation is organized; the present and former place or
  350  places of residence of the applicant; and prior business in
  351  which the applicant has been engaged and the location thereof.
  352  Such application shall describe the exact location of the place
  353  of business and shall state whether the place of business is
  354  owned by the applicant and when acquired, or, if leased, a true
  355  copy of the lease shall be attached to the application. The
  356  applicant shall certify that the location provides an adequately
  357  equipped office and is not a residence; that the location
  358  affords sufficient unoccupied space upon and within which
  359  adequately to store all motor vehicles offered and displayed for
  360  sale; and that the location is a suitable place where the
  361  applicant can in good faith carry on such business and keep and
  362  maintain books, records, and files necessary to conduct such
  363  business, which shall be available at all reasonable hours to
  364  inspection by the department or any of its inspectors or other
  365  employees. The applicant shall certify that the business of a
  366  motor vehicle dealer is the principal business which shall be
  367  conducted at that location. The application shall contain a
  368  statement that the applicant is either franchised by a
  369  manufacturer of motor vehicles, in which case the name of each
  370  motor vehicle that the applicant is franchised to sell shall be
  371  included, or an independent (nonfranchised) motor vehicle
  372  dealer. The application shall contain other relevant information
  373  as may be required by the department, including evidence that
  374  the applicant is insured under a garage liability insurance
  375  policy or a general liability insurance policy coupled with a
  376  business automobile policy, which shall include, at a minimum,
  377  $25,000 combined single-limit liability coverage including
  378  bodily injury and property damage protection and $10,000
  379  personal injury protection. However, a salvage motor vehicle
  380  dealer as defined in subparagraph (1)(c)5. is exempt from the
  381  requirements for garage liability insurance and personal injury
  382  protection insurance on those vehicles that cannot be legally
  383  operated on roads, highways, or streets in this state. Franchise
  384  dealers must submit a garage liability insurance policy, and all
  385  other dealers must submit a garage liability insurance policy or
  386  a general liability insurance policy coupled with a business
  387  automobile policy. Such policy shall be for the license period,
  388  and evidence of a new or continued policy shall be delivered to
  389  the department at the beginning of each license period. A
  390  licensee shall deliver to the department, in the manner
  391  prescribed by the department, within 10 calendar days after any
  392  renewal or continuation of or change in such policy or within 10
  393  calendar days after any issuance of a new such policy, a copy of
  394  the renewed, continued, changed, or new policy. Upon making
  395  initial application, the applicant shall pay to the department a
  396  fee of $300 in addition to any other fees required by law.
  397  Applicants may choose to extend the licensure period for 1
  398  additional year for a total of 2 years. An initial applicant
  399  shall pay to the department a fee of $300 for the first year and
  400  $75 for the second year, in addition to any other fees required
  401  by law. An applicant for renewal shall pay to the department $75
  402  for a 1-year renewal or $150 for a 2-year renewal, in addition
  403  to any other fees required by law. Upon making an application
  404  for a change of location, the person shall pay a fee of $50 in
  405  addition to any other fees now required by law. The department
  406  shall, in the case of every application for initial licensure,
  407  verify whether certain facts set forth in the application are
  408  true. Each applicant, general partner in the case of a
  409  partnership, or corporate officer and director in the case of a
  410  corporate applicant, must file a set of fingerprints with the
  411  department for the purpose of determining any prior criminal
  412  record or any outstanding warrants. The department shall submit
  413  the fingerprints to the Department of Law Enforcement for state
  414  processing and forwarding to the Federal Bureau of Investigation
  415  for federal processing. The actual cost of state and federal
  416  processing shall be borne by the applicant and is in addition to
  417  the fee for licensure. The department may issue a license to an
  418  applicant pending the results of the fingerprint investigation,
  419  which license is fully revocable if the department subsequently
  420  determines that any facts set forth in the application are not
  421  true or correctly represented.
  422         (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.—
  423         (a) Annually, before any license shall be issued to a motor
  424  vehicle dealer, the applicant-dealer of new or used motor
  425  vehicles shall deliver to the department a good and sufficient
  426  surety bond or irrevocable letter of credit, executed by the
  427  applicant-dealer as principal, in the sum of $25,000. A licensee
  428  shall deliver to the department, in the manner prescribed by the
  429  department, within 10 calendar days after any renewal or
  430  continuation of or change in such surety bond or irrevocable
  431  letter of credit or within 10 calendar days after any issuance
  432  of a new such surety bond or irrevocable letter of credit, a
  433  copy of such renewed, continued, changed, or new surety bond or
  434  irrevocable letter of credit.
  435         Section 7. Paragraph (a) of subsection (16) of section
  436  320.77, Florida Statutes, is amended to read:
  437         320.77 License required of mobile home dealers.—
  438         (16) SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF
  439  CREDIT REQUIRED.—
  440         (a) Before any license shall be issued or renewed, the
  441  applicant or licensee shall deliver to the department a good and
  442  sufficient surety bond, cash bond, or irrevocable letter of
  443  credit, executed by the applicant or licensee as principal. The
  444  licensee shall deliver to the department, in the manner
  445  prescribed by the department, within 10 calendar days after any
  446  renewal or continuation of or change in such surety bond, cash
  447  bond, or irrevocable letter of credit or within 10 calendar days
  448  after any issuance of a new such surety bond, cash bond, or
  449  irrevocable letter of credit, a copy of such renewed, continued,
  450  changed, or new surety bond, cash bond, or irrevocable letter of
  451  credit. The bond or irrevocable letter of credit shall be in a
  452  form to be approved by the department and shall be conditioned
  453  upon the dealer’s complying with the conditions of any written
  454  contract made by the dealer in connection with the sale,
  455  exchange, or improvement of any mobile home and his or her not
  456  violating any of the provisions of chapter 319 or this chapter
  457  in the conduct of the business for which the dealer is licensed.
  458  The bond or irrevocable letter of credit shall be to the
  459  department and in favor of any retail customer who shall suffer
  460  any loss as a result of any violation of the conditions
  461  contained in this section. The bond or irrevocable letter of
  462  credit shall be for the license period, and a new bond or
  463  irrevocable letter of credit or a proper continuation
  464  certificate shall be delivered to the department at the
  465  beginning of each license period. However, the aggregate
  466  liability of the surety in any one license year shall in no
  467  event exceed the sum of such bond, or, in the case of a letter
  468  of credit, the aggregate liability of the issuing bank shall not
  469  exceed the sum of the credit. The amount of the bond required
  470  shall be as follows:
  471         1. A single dealer who buys, sells, or deals in mobile
  472  homes and who has four or fewer supplemental licenses shall
  473  provide a surety bond, cash bond, or irrevocable letter of
  474  credit executed by the dealer applicant or licensee in the
  475  amount of $25,000.
  476         2. A single dealer who buys, sells, or deals in mobile
  477  homes and who has more than four supplemental licenses shall
  478  provide a surety bond, cash bond, or irrevocable letter of
  479  credit executed by the dealer applicant or licensee in the
  480  amount of $50,000.
  481  
  482  For the purposes of this paragraph, any person who buys, sells,
  483  or deals in both mobile homes and recreational vehicles shall
  484  provide the same surety bond required of dealers who buy, sell,
  485  or deal in mobile homes only.
  486         Section 8. Paragraphs (a) and (b) of subsection (5) of
  487  section 320.8225, Florida Statutes, are amended to read:
  488         320.8225 Mobile home and recreational vehicle manufacturer,
  489  distributor, and importer license.—
  490         (5) REQUIREMENT OF ASSURANCE.—
  491         (a) Annually, prior to the receipt of a license to
  492  manufacture mobile homes, the applicant or licensee shall
  493  submit, in the manner prescribed by the department, a surety
  494  bond, cash bond, or letter of credit from a financial
  495  institution, or a proper continuation certificate, sufficient to
  496  assure satisfaction of claims against the licensee for failure
  497  to comply with appropriate code standards, failure to provide
  498  warranty service, or violation of any provisions of this
  499  section. The amount of the surety bond, cash bond, or letter of
  500  credit must be $50,000. Only one surety bond, cash bond, or
  501  letter of credit shall be required for each manufacturer,
  502  regardless of the number of factory locations. The surety bond,
  503  cash bond, or letter of credit must be to the department, in
  504  favor of any retail customer who suffers a loss arising out of
  505  noncompliance with code standards or failure to honor or provide
  506  warranty service. The department may disapprove any bond or
  507  letter of credit that does not provide assurance as provided in
  508  this section. A licensee shall deliver to the department, in the
  509  manner prescribed by the department, within 10 calendar days
  510  after any renewal or continuation of or change in such surety
  511  bond, cash bond, or letter of credit or within 10 calendar days
  512  after any issuance of a new such surety bond, cash bond, or
  513  letter of credit, a copy of such renewed, continued, changed, or
  514  new surety bond, cash bond, or letter of credit.
  515         (b) Annually, before prior to the receipt of a license to
  516  manufacture, distribute, or import recreational vehicles, the
  517  applicant or licensee shall submit, in the manner prescribed by
  518  the department, a surety bond, or a proper continuation
  519  certificate, sufficient to assure satisfaction of claims against
  520  the licensee for failure to comply with appropriate code
  521  standards, failure to provide warranty service, or violation of
  522  any provisions of this section. The amount of the surety bond
  523  must be $10,000 per year. The surety bond must be to the
  524  department, in favor of any retail customer who suffers loss
  525  arising out of noncompliance with code standards or failure to
  526  honor or provide warranty service. The department may disapprove
  527  any bond that does not provide assurance as provided in this
  528  section. The licensee shall deliver to the department, in the
  529  manner prescribed by the department, within 10 calendar days
  530  after any renewal or continuation of or change in such surety
  531  bond or within 10 calendar days after any issuance of a new such
  532  surety bond, a copy of such renewed, continued, changed, or new
  533  surety bond.
  534         Section 9. Section 320.861, Florida Statutes, is amended to
  535  read:
  536         320.861 Investigations; subpoenas and other process; oaths;
  537  rules Inspection of records; production of evidence; subpoena
  538  power.—
  539         (1) The department may conduct investigations and
  540  examinations of any person suspected of violating or of having
  541  violated this chapter or any rule adopted or order issued
  542  thereunder inspect the pertinent books, records, letters, and
  543  contracts of any licensee, whether dealer or manufacturer,
  544  relating to any written complaint made to it against such
  545  licensee.
  546         (2) For purposes of any investigation or examination
  547  conducted pursuant to this section, the department may is
  548  granted and authorized to exercise the power of subpoena and the
  549  powers to administer oaths or affirmations, to examine
  550  witnesses, to require affidavits, to take depositions, and to
  551  compel the attendance of witnesses and the production of books,
  552  papers, documents, records, and other evidence. A designated
  553  agent of the department may serve a subpoena relating to an
  554  investigation or examination for the attendance of witnesses and
  555  the production of any documentary evidence necessary to the
  556  disposition by it of any written complaint against any licensee,
  557  whether dealer or manufacturer.
  558         (3)If a person refuses to testify; to produce books,
  559  papers, documents, or records; or to otherwise obey the subpoena
  560  or subpoena duces tecum issued under subsection (2), the
  561  department may petition a court of competent jurisdiction in the
  562  county where the person’s residence or principal place of
  563  business is located, upon which the court must issue an order
  564  requiring such person to obey the subpoena or show cause for
  565  failing to obey the subpoena. Unless the person shows sufficient
  566  cause for failing to obey the subpoena, the court must direct
  567  the person to obey the subpoena. Failure to comply with such
  568  order constitutes contempt of court.
  569         (4)For the purpose of any investigation, examination, or
  570  proceeding initiated by the department under this chapter, the
  571  department may designate agents to serve subpoenas and other
  572  process and to administer oaths or affirmations. The department
  573  shall exercise this power on its own initiative in accordance
  574  with ss. 320.615 and 320.71.
  575         (5)Witnesses subpoenaed under this section are entitled to
  576  witness fees at the same rate established by s. 92.142 for
  577  witnesses in a civil case, except that witness fees are not
  578  payable for appearance at the witness’s place of business during
  579  regular business hours or at the witness’s residence.
  580         (6)The department may adopt rules to administer this
  581  section.
  582         Section 10. Section 322.71, Florida Statutes, is created to
  583  read:
  584         322.71 Investigations; subpoenas and other process; oaths;
  585  rules.
  586         (1)The department may conduct investigations and
  587  examinations of any person suspected of violating or of having
  588  violated any provision of this chapter or any rule adopted or
  589  order issued under this chapter.
  590         (2)For purposes of any investigation or examination
  591  conducted pursuant to this section, the department may exercise
  592  the power of subpoena and the powers to administer oaths or
  593  affirmations, to examine witnesses, to require affidavits, to
  594  take depositions, and to compel the attendance of witnesses and
  595  the production of books, papers, documents, records, and other
  596  evidence. Such subpoenas may be served by an authorized
  597  representative of the department.
  598         (3)If a person refuses to testify; to produce books,
  599  papers, documents, or records; or to otherwise obey the subpoena
  600  or subpoena duces tecum issued under subsection (2), the
  601  department may petition a court of competent jurisdiction in the
  602  county where the person’s residence or principal place of
  603  business is located, upon which the court must issue an order
  604  requiring such person to obey the subpoena or show cause for
  605  failing to obey the subpoena. Unless the person shows sufficient
  606  cause for failing to obey the subpoena, the court must direct
  607  the person to obey the subpoena. Failure to comply with such
  608  order constitutes contempt of court.
  609         (4)For the purpose of any investigation, examination, or
  610  proceeding initiated by the department under this chapter, the
  611  department may designate agents to serve subpoenas and other
  612  process and to administer oaths or affirmations.
  613         (5)Witnesses subpoenaed under this section are entitled to
  614  witness fees at the same rate established by s. 92.142 for
  615  witnesses in a civil case, except that witness fees are not
  616  payable for appearance at the witness’s place of business during
  617  regular business hours or at the witness’s residence.
  618         (6)The department may adopt rules to administer this
  619  section.
  620         Section 11. Paragraph (c) of subsection (1) of section
  621  348.754, Florida Statutes, is amended to read:
  622         348.754 Purposes and powers.—
  623         (1)
  624         (c) Notwithstanding any other provision of this section to
  625  the contrary, to ensure the continued financial feasibility of
  626  the portion of the Wekiva Parkway to be constructed by the
  627  department, the authority may not, without the prior
  628  consultation consent of the secretary of the department,
  629  construct any extensions, additions, or improvements to the
  630  expressway system in Lake County.
  631         Section 12. For the purpose of incorporating the amendment
  632  made by this act to section 316.126, Florida Statutes, in a
  633  reference thereto, paragraph (d) of subsection (2) of section
  634  318.18, Florida Statutes, is reenacted to read:
  635         318.18 Amount of penalties.—The penalties required for a
  636  noncriminal disposition pursuant to s. 318.14 or a criminal
  637  offense listed in s. 318.17 are as follows:
  638         (2) Thirty dollars for all nonmoving traffic violations
  639  and:
  640         (d) For all violations of s. 316.126(1)(b), unless
  641  otherwise specified.
  642         Section 13. For the purpose of incorporating the amendment
  643  made by this act to section 316.70, Florida Statutes, in a
  644  reference thereto, subsection (1) of section 316.3026, Florida
  645  Statutes, is reenacted to read:
  646         316.3026 Unlawful operation of motor carriers.—
  647         (1) The Office of Commercial Vehicle Enforcement may issue
  648  out-of-service orders to motor carriers, as defined in s.
  649  320.01, who, after proper notice, have failed to pay any penalty
  650  or fine assessed by the department, or its agent, against any
  651  owner or motor carrier for violations of state law, refused to
  652  submit to a compliance review and provide records pursuant to s.
  653  316.302(6) or s. 316.70, or violated safety regulations pursuant
  654  to s. 316.302 or insurance requirements in s. 627.7415. Such
  655  out-of-service orders have the effect of prohibiting the
  656  operations of any motor vehicles owned, leased, or otherwise
  657  operated by the motor carrier upon the roadways of this state,
  658  until the violations have been corrected or penalties have been
  659  paid. Out-of-service orders must be approved by the director of
  660  the Division of the Florida Highway Patrol or his or her
  661  designee. An administrative hearing pursuant to s. 120.569 shall
  662  be afforded to motor carriers subject to such orders.
  663         Section 14. This act shall take effect July 1, 2021.