Florida Senate - 2016 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1394
Ì726940*Î726940
594-03711-16
Proposed Committee Substitute by the Committee on Fiscal Policy
(Appropriations Subcommittee on Transportation, Tourism, and
Economic Development)
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 term “qualified sobriety and drug
22 monitoring program”; creating a qualified sobriety and
23 drug monitoring pilot program effective on a specified
24 date, subject to certain requirements; requiring a
25 specified court to provide a report to the Governor
26 and the Legislature by a specified date; amending s.
27 316.1937, F.S.; authorizing, as of a specified date, a
28 specified court to order a certain qualified sobriety
29 and drug monitoring program under a specified pilot
30 program as an alternative to the placement of an
31 ignition interlock device; amending s. 316.235, F.S.;
32 revising requirements relating to a deceleration
33 lighting system for buses; amending s. 316.303, F.S.;
34 revising the prohibition from operating, under certain
35 circumstances, a motor vehicle that is equipped with
36 television-type receiving equipment; providing
37 exceptions to the prohibition against actively
38 displaying moving television broadcast or pre-recorded
39 video entertainment content in vehicles; amending s.
40 320.02, F.S.; increasing the timeframe within which
41 the owner of any motor vehicle registered in the state
42 must notify the department of a change of address;
43 providing exceptions to such notification; amending s.
44 320.03, F.S.; providing that an authorized electronic
45 filing agent may charge a fee to the customer for use
46 of the electronic filing system if a specified
47 disclosure is made; amending s. 320.07, F.S.;
48 prohibiting a law enforcement officer from issuing a
49 citation for a specified violation until a certain
50 date; amending s. 320.64, F.S.; revising provisions
51 for denial, suspension, or revocation of the license
52 of a manufacturer, factory branch, distributor, or
53 importer of motor vehicles; revising provisions for
54 certain audits of service-related payments or
55 incentive payments to a dealer by an applicant or
56 licensee and the timeframe for the performance of such
57 audits; defining the term “incentive”; revising
58 provisions for denial or chargeback of claims;
59 revising provisions that prohibit certain adverse
60 actions against a dealer that sold or leased a motor
61 vehicle to a customer who exported the vehicle to a
62 foreign country or who resold the vehicle; revising
63 conditions for taking such adverse actions;
64 prohibiting failure to make certain payments to a
65 motor vehicle dealer for temporary replacement
66 vehicles under certain circumstances; prohibiting
67 requiring or coercing a dealer to purchase goods or
68 services from a vendor designated by the applicant or
69 licensee unless certain conditions are met; providing
70 procedures for approval of a dealer to purchase goods
71 or services from a vendor not designated by the
72 applicant or licensee; defining the term “goods or
73 services”; amending s. 322.051, F.S.; authorizing the
74 international symbol for the deaf and hard of hearing
75 to be exhibited on the identification card of a person
76 who is deaf or hard of hearing; requiring a fee for
77 the exhibition of the symbol on the card; authorizing
78 a replacement identification card with the symbol
79 without payment of a specified fee under certain
80 circumstances; providing the international symbol for
81 the deaf and hard of hearing; requiring the department
82 to issue or renew an identification card to certain
83 juvenile offenders; requiring that the department’s
84 mobile issuing units process certain identification
85 cards at no charge; amending s. 322.14, F.S.;
86 authorizing the international symbol for the deaf and
87 hard of hearing to be exhibited on the driver license
88 of a person who is deaf or hard of hearing; requiring
89 a fee for the exhibition of the symbol on the license;
90 authorizing a replacement license without payment of a
91 specified fee under certain circumstances; providing
92 applicability; amending s. 322.19, F.S.; increasing
93 the timeframe within which certain persons must obtain
94 a replacement driver license or identification card
95 that reflects a change in his or her legal name;
96 providing exceptions to such requirement; increasing
97 the timeframe within which certain persons must obtain
98 a replacement driver license or identification card
99 that reflects a change in the legal residence or
100 mailing address in his or her application, license, or
101 card; amending s. 322.21, F.S.; exempting certain
102 juvenile offenders from a specified fee for an
103 original, renewal, or replacement identification card;
104 amending s. 322.221, F.S.; requiring the department to
105 issue an identification card at no cost at the time a
106 person’s driver license is suspended or revoked due to
107 his or her physical or mental condition; amending s.
108 322.2715, F.S.; providing that a certain qualified
109 sobriety and drug monitoring program shall be used by
110 the department on or after a specified date in
111 addition to the placement of an ignition interlock
112 device; directing the Department of Transportation to
113 study the operation of driver-assistive truck
114 platooning technology; authorizing the Department of
115 Transportation to conduct a pilot project to test such
116 operation; providing security requirements; requiring
117 a report to the Governor and Legislature; providing an
118 effective date.
119
120 Be It Enacted by the Legislature of the State of Florida:
121
122 Section 1. Subsections (94) and (95) are added to section
123 316.003, Florida Statutes, to read:
124 316.003 Definitions.—The following words and phrases, when
125 used in this chapter, shall have the meanings respectively
126 ascribed to them in this section, except where the context
127 otherwise requires:
128 (94) SERVICE PATROL VEHICLE.—A motor vehicle that bears an
129 emblem or markings with the wording “SERVICE VEHICLE” which is
130 visible from the roadway and clearly indicates that the vehicle
131 belongs to or is under contract with a person, an entity, a
132 cooperative, a board, a commission, a district, or a unit of
133 government that provides highway assistance services to
134 motorists, clears travel lanes, or provides temporary
135 maintenance of traffic support for incident response operations.
136 (95) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
137 automation and safety technology that integrates sensor array,
138 wireless vehicle-to-vehicle communications, active safety
139 systems, and specialized software to link safety systems and
140 synchronize acceleration and braking between two vehicles while
141 leaving each vehicle’s steering control and systems command in
142 the control of the vehicle’s driver in compliance with the
143 National Highway Traffic Safety Administration rules regarding
144 vehicle-to-vehicle platooning.
145 Section 2. Section 316.126, Florida Statutes, is amended to
146 read:
147 316.126 Operation of vehicles and actions of pedestrians on
148 approach of an authorized emergency, sanitation, or utility
149 service vehicle, or service patrol vehicle.—
150 (1)(a) Upon the immediate approach of an authorized
151 emergency vehicle, while en route to meet an existing emergency,
152 the driver of every other vehicle shall, when such emergency
153 vehicle is giving audible signals by siren, exhaust whistle, or
154 other adequate device, or visible signals by the use of
155 displayed blue or red lights, yield the right-of-way to the
156 emergency vehicle and shall immediately proceed to a position
157 parallel to, and as close as reasonable to the closest edge of
158 the curb of the roadway, clear of any intersection and shall
159 stop and remain in position until the authorized emergency
160 vehicle has passed, unless otherwise directed by a law
161 enforcement officer.
162 (b) If an authorized emergency vehicle displaying any
163 visual signals is parked on the roadside, a sanitation vehicle
164 is performing a task related to the provision of sanitation
165 services on the roadside, a utility service vehicle displaying
166 any visual signals is performing a task related to the provision
167 of utility services on the roadside, or a wrecker displaying
168 amber rotating or flashing lights is performing a recovery or
169 loading on the roadside, or a service patrol vehicle displaying
170 amber rotating or flashing lights is performing official duties
171 or services on the roadside, the driver of every other vehicle,
172 as soon as it is safe:
173 1. Shall vacate the lane closest to the emergency vehicle,
174 sanitation vehicle, utility service vehicle, or wrecker, or
175 service patrol vehicle when driving on an interstate highway or
176 other highway with two or more lanes traveling in the direction
177 of the emergency vehicle, sanitation vehicle, utility service
178 vehicle, or wrecker, or service patrol vehicle except when
179 otherwise directed by a law enforcement officer. If such
180 movement cannot be safely accomplished, the driver shall reduce
181 speed as provided in subparagraph 2.
182 2. Shall slow to a speed that is 20 miles per hour less
183 than the posted speed limit when the posted speed limit is 25
184 miles per hour or greater; or travel at 5 miles per hour when
185 the posted speed limit is 20 miles per hour or less, when
186 driving on a two-lane road, except when otherwise directed by a
187 law enforcement officer.
188 (c) The Department of Highway Safety and Motor Vehicles
189 shall provide an educational awareness campaign informing the
190 motoring public about the Move Over Act. The department shall
191 provide information about the Move Over Act in all newly printed
192 driver license educational materials.
193 (2) Every pedestrian using the road right-of-way shall
194 yield the right-of-way until the authorized emergency vehicle
195 has passed, unless otherwise directed by a law enforcement
196 officer.
197 (3) An authorized emergency vehicle, when en route to meet
198 an existing emergency, shall warn all other vehicular traffic
199 along the emergency route by an audible signal, siren, exhaust
200 whistle, or other adequate device or by a visible signal by the
201 use of displayed blue or red lights. While en route to such
202 emergency, the emergency vehicle shall otherwise proceed in a
203 manner consistent with the laws regulating vehicular traffic
204 upon the highways of this state.
205 (4) This section does not diminish or enlarge any rules of
206 evidence or liability in any case involving the operation of an
207 emergency vehicle.
208 (5) This section does not relieve the driver of an
209 authorized emergency vehicle from the duty to drive with due
210 regard for the safety of all persons using the highway.
211 (6) A violation of this section is a noncriminal traffic
212 infraction, punishable pursuant to chapter 318 as either a
213 moving violation for infractions of subsection (1) or subsection
214 (3), or as a pedestrian violation for infractions of subsection
215 (2).
216 Section 3. Subsection (2), present paragraph (j) of
217 subsection (6), and subsection (11) of section 316.193, Florida
218 Statutes, are amended, present paragraphs (k), (l), and (m) of
219 subsection (6) are redesignated as paragraphs (j), (k), and (l),
220 respectively, and subsections (15) and (16) are added to that
221 section, to read:
222 316.193 Driving under the influence; penalties.—
223 (2)(a) Except as provided in paragraph (b), subsection (3),
224 or subsection (4), any person who is convicted of a violation of
225 subsection (1) shall be punished:
226 1. By a fine of:
227 a. Not less than $500 or more than $1,000 for a first
228 conviction.
229 b. Not less than $1,000 or more than $2,000 for a second
230 conviction; and
231 2. By imprisonment for:
232 a. Not more than 6 months for a first conviction.
233 b. Not more than 9 months for a second conviction.
234 3. For a second conviction, by mandatory placement for a
235 period of at least 1 year, at the convicted person’s sole
236 expense, of an ignition interlock device approved by the
237 department in accordance with s. 316.1938 upon all vehicles that
238 are individually or jointly leased or owned and routinely
239 operated by the convicted person, when the convicted person
240 qualifies for a permanent or restricted license. Effective
241 October 1, 2016, the court in the Fourth Judicial Circuit may
242 order an offender to participate in a qualified sobriety and
243 drug monitoring program, as defined in subsection (15) and
244 authorized by 23 U.S.C. s. 164, under the pilot program in
245 subsection (16), as an alternative to the placement of an
246 ignition interlock device required by this section The
247 installation of such device may not occur before July 1, 2003.
248 (b)1. Any person who is convicted of a third violation of
249 this section for an offense that occurs within 10 years after a
250 prior conviction for a violation of this section commits a
251 felony of the third degree, punishable as provided in s.
252 775.082, s. 775.083, or s. 775.084. In addition, the court shall
253 order the mandatory placement for a period of not less than 2
254 years, at the convicted person’s sole expense, of an ignition
255 interlock device approved by the department in accordance with
256 s. 316.1938 upon all vehicles that are individually or jointly
257 leased or owned and routinely operated by the convicted person,
258 when the convicted person qualifies for a permanent or
259 restricted license. Effective October 1, 2016, the court in the
260 Fourth Judicial Circuit may order an offender to participate in
261 a qualified sobriety and drug monitoring program, as defined in
262 subsection (15) and authorized by 23 U.S.C. s. 164, under the
263 pilot program in subsection (16), as an alternative to the
264 placement of an ignition interlock device required by this
265 section The installation of such device may not occur before
266 July 1, 2003.
267 2. Any person who is convicted of a third violation of this
268 section for an offense that occurs more than 10 years after the
269 date of a prior conviction for a violation of this section shall
270 be punished by a fine of not less than $2,000 or more than
271 $5,000 and by imprisonment for not more than 12 months. In
272 addition, the court shall order the mandatory placement for a
273 period of at least 2 years, at the convicted person’s sole
274 expense, of an ignition interlock device approved by the
275 department in accordance with s. 316.1938 upon all vehicles that
276 are individually or jointly leased or owned and routinely
277 operated by the convicted person, when the convicted person
278 qualifies for a permanent or restricted license. Effective
279 October 1, 2016, the court in the Fourth Judicial Circuit may
280 order an offender to participate in a qualified sobriety and
281 drug monitoring program, as defined in subsection (15) and
282 authorized by 23 U.S.C. s. 164, under the pilot program in
283 subsection (16), as an alternative to the placement of an
284 ignition interlock device required by this section The
285 installation of such device may not occur before July 1, 2003.
286 3. Any person who is convicted of a fourth or subsequent
287 violation of this section, regardless of when any prior
288 conviction for a violation of this section occurred, commits a
289 felony of the third degree, punishable as provided in s.
290 775.082, s. 775.083, or s. 775.084. However, the fine imposed
291 for such fourth or subsequent violation may be not less than
292 $2,000.
293 (c) In addition to the penalties in paragraph (a), the
294 court may order placement, at the convicted person’s sole
295 expense, of an ignition interlock device approved by the
296 department in accordance with s. 316.1938 for at least 6
297 continuous months upon all vehicles that are individually or
298 jointly leased or owned and routinely operated by the convicted
299 person if, at the time of the offense, the person had a blood
300 alcohol level or breath-alcohol level of .08 or higher.
301 (6) With respect to any person convicted of a violation of
302 subsection (1), regardless of any penalty imposed pursuant to
303 subsection (2), subsection (3), or subsection (4):
304 (j)1. Notwithstanding the provisions of this section, s.
305 316.1937, and s. 322.2715 relating to ignition interlock devices
306 required for second or subsequent offenders, in order to
307 strengthen the pretrial and posttrial options available to
308 prosecutors and judges, the court may order, if deemed
309 appropriate, that a person participate in a qualified sobriety
310 and drug monitoring program, as defined in subparagraph 2., in
311 addition to the ignition interlock device requirement.
312 Participation shall be at the person’s sole expense.
313 2. As used in this paragraph, the term “qualified sobriety
314 and drug monitoring program” means an evidence-based program,
315 approved by the department, in which participants are regularly
316 tested for alcohol and drug use. As the court deems appropriate,
317 the program may monitor alcohol or drugs through one or more of
318 the following modalities: breath testing twice a day; continuous
319 transdermal alcohol monitoring in cases of hardship; or random
320 blood, breath, urine, or oral fluid testing. Testing modalities
321 that provide the best ability to sanction a violation as close
322 in time as reasonably feasible to the occurrence of the
323 violation should be given preference. This paragraph does not
324 preclude a court from ordering an ignition interlock device as a
325 testing modality.
326 3. For purposes of this paragraph, the term “evidence-based
327 program” means a program that satisfies the requirements of at
328 least two of the following:
329 a. The program is included in the federal registry of
330 evidence-based programs and practices.
331 b. The program has been reported in a peer-reviewed journal
332 as having positive effects on the primary targeted outcome.
333 c. The program has been documented as effective by informed
334 experts and other sources.
335
336 For the purposes of this section, any conviction for a violation
337 of s. 327.35; a previous conviction for the violation of former
338 s. 316.1931, former s. 860.01, or former s. 316.028; or a
339 previous conviction outside this state for driving under the
340 influence, driving while intoxicated, driving with an unlawful
341 blood-alcohol level, driving with an unlawful breath-alcohol
342 level, or any other similar alcohol-related or drug-related
343 traffic offense, is also considered a previous conviction for
344 violation of this section. However, in satisfaction of the fine
345 imposed pursuant to this section, the court may, upon a finding
346 that the defendant is financially unable to pay either all or
347 part of the fine, order that the defendant participate for a
348 specified additional period of time in public service or a
349 community work project in lieu of payment of that portion of the
350 fine which the court determines the defendant is unable to pay.
351 In determining such additional sentence, the court shall
352 consider the amount of the unpaid portion of the fine and the
353 reasonable value of the services to be ordered; however, the
354 court may not compute the reasonable value of services at a rate
355 less than the federal minimum wage at the time of sentencing.
356 (11) The Department of Highway Safety and Motor Vehicles is
357 directed to adopt rules providing for the implementation of the
358 use of ignition interlock devices and qualified sobriety and
359 drug monitoring programs, as defined in subsection (15), to be
360 used in the pilot program under subsection (16).
361 (15) As used in this section, the term:
362 (a) “Qualified sobriety and drug monitoring program” means
363 an evidence-based program approved by the department which
364 authorizes a court or an agency with jurisdiction, as a
365 condition of bond, sentence, probation, parole, or restricted
366 driving privileges, to require a person who was arrested for,
367 pleaded guilty to, or was convicted of driving under the
368 influence of alcohol or drugs to be regularly tested for alcohol
369 and drug use. As the court deems appropriate, the program shall
370 monitor alcohol or drugs through one or more of the following
371 modalities: breath testing twice a day at a testing location;
372 continuous transdermal alcohol monitoring via an electronic
373 monitoring device; random blood, breath, or urine testing; or
374 drug patch or oral fluid testing. Testing modalities that
375 provide the best ability to detect a violation as close in time
376 as reasonably feasible to the occurrence of the violation should
377 be given preference. Participation shall be at the person’s sole
378 expense.
379 (b) “Evidence-based program” means a program that satisfies
380 the requirements of at least two of the following:
381 1. The program is included in the federal registry of
382 evidence-based programs and practices.
383 2. The program has been reported in a peer-reviewed journal
384 as having positive effects on the primary targeted outcome.
385 3. The program has been documented as effective by informed
386 experts and other sources.
387 (16) The Fourth Judicial Circuit, in coordination with the
388 department, shall implement a qualified sobriety and drug
389 monitoring pilot program effective October 1, 2016, for offenses
390 where an ignition interlock device is mandated under
391 subparagraphs (2)(a)3., (2)(b)1., and (2)(b)2. The Fourth
392 Judicial Circuit may order a qualified sobriety and drug
393 monitoring program, as defined in subsection (15) and authorized
394 by 23 U.S.C. s. 164, as an alternative to the ignition interlock
395 device. The Fourth Judicial Circuit shall provide a report on
396 the results of the pilot program to the Governor, the President
397 of the Senate, and the Speaker of the House of Representatives
398 by March 1, 2018.
399 Section 4. Subsection (1) of section 316.1937, Florida
400 Statutes, is amended to read:
401 316.1937 Ignition interlock devices, requiring; unlawful
402 acts.—
403 (1) In addition to any other authorized penalties, the
404 court may require that any person who is convicted of driving
405 under the influence in violation of s. 316.193 shall not operate
406 a motor vehicle unless that vehicle is equipped with a
407 functioning ignition interlock device certified by the
408 department as provided in s. 316.1938, and installed in such a
409 manner that the vehicle will not start if the operator’s blood
410 alcohol level is in excess of 0.025 percent or as otherwise
411 specified by the court. The court may require the use of an
412 approved ignition interlock device for a period of at least 6
413 continuous months, if the person is permitted to operate a motor
414 vehicle, whether or not the privilege to operate a motor vehicle
415 is restricted, as determined by the court. The court, however,
416 shall order placement of an ignition interlock device in those
417 circumstances required by s. 316.193. Effective October 1, 2016,
418 for offenses where an ignition interlock device is mandated
419 under s. 316.193(2)(a)3., (2)(b)1., and (2)(b)2., the court in
420 the Fourth Judicial Circuit may order a qualified sobriety and
421 drug monitoring program, as defined in s. 316.193(15) and
422 authorized by 23 U.S.C. s. 164, under the pilot program in s.
423 316.193(16) as an alternative to the ignition interlock device.
424 Section 5. Subsection (5) of section 316.235, Florida
425 Statutes, is amended to read:
426 316.235 Additional lighting equipment.—
427 (5) A bus, as defined in s. 316.003(3), may be equipped
428 with a deceleration lighting system that which cautions
429 following vehicles that the bus is slowing, is preparing to
430 stop, or is stopped. Such lighting system shall consist of red
431 or amber lights mounted in horizontal alignment on the rear of
432 the vehicle at or near the vertical centerline of the vehicle,
433 no greater than 12 inches apart, not higher than the lower edge
434 of the rear window or, if the vehicle has no rear window, not
435 higher than 100 72 inches from the ground. Such lights shall be
436 visible from a distance of not less than 300 feet to the rear in
437 normal sunlight. Lights are permitted to light and flash during
438 deceleration, braking, or standing and idling of the bus.
439 Vehicular hazard warning flashers may be used in conjunction
440 with or in lieu of a rear-mounted deceleration lighting system.
441 Section 6. Subsections (1) and (3) of section 316.303,
442 Florida Statutes, are amended to read:
443 316.303 Television receivers.—
444 (1) No motor vehicle may be operated on the highways of
445 this state if the vehicle is actively displaying moving
446 television broadcast or pre-recorded video entertainment content
447 that is shall be equipped with television-type receiving
448 equipment so located that the viewer or screen is visible from
449 the driver’s seat while the vehicle is in motion, unless the
450 vehicle is equipped with autonomous technology, as defined in s.
451 316.003(90), and is being operated in autonomous mode, as
452 provided in s. 316.85(2).
453 (3) This section does not prohibit the use of an electronic
454 display used in conjunction with a vehicle navigation system, or
455 an electronic display used by an operator of a vehicle equipped
456 and operating with driver-assistive truck platooning technology,
457 as defined in s. 316.003.
458 Section 7. Subsection (4) of section 320.02, Florida
459 Statutes, is amended to read:
460 320.02 Registration required; application for registration;
461 forms.—
462 (4) Except as provided in ss. 775.21, 775.261, 943.0435,
463 944.607, and 985.4815, the owner of any motor vehicle registered
464 in the state shall notify the department in writing of any
465 change of address within 30 20 days of such change. The
466 notification shall include the registration license plate
467 number, the vehicle identification number (VIN) or title
468 certificate number, year of vehicle make, and the owner’s full
469 name.
470 Section 8. Subsection (10) of section 320.03, Florida
471 Statutes, is amended to read:
472 320.03 Registration; duties of tax collectors;
473 International Registration Plan.—
474 (10) Jurisdiction over the electronic filing system for use
475 by authorized electronic filing system agents to electronically
476 title or register motor vehicles, vessels, mobile homes, or off
477 highway vehicles; issue or transfer registration license plates
478 or decals; electronically transfer fees due for the title and
479 registration process; and perform inquiries for title,
480 registration, and lienholder verification and certification of
481 service providers is expressly preempted to the state, and the
482 department shall have regulatory authority over the system. The
483 electronic filing system shall be available for use statewide
484 and applied uniformly throughout the state. An entity that, in
485 the normal course of its business, sells products that must be
486 titled or registered, provides title and registration services
487 on behalf of its consumers and meets all established
488 requirements may be an authorized electronic filing system agent
489 and shall not be precluded from participating in the electronic
490 filing system in any county. Upon request from a qualified
491 entity, the tax collector shall appoint the entity as an
492 authorized electronic filing system agent for that county. The
493 department shall adopt rules in accordance with chapter 120 to
494 replace the December 10, 2009, program standards and to
495 administer the provisions of this section, including, but not
496 limited to, establishing participation requirements,
497 certification of service providers, electronic filing system
498 requirements, and enforcement authority for noncompliance. The
499 December 10, 2009, program standards, excluding any standards
500 which conflict with this subsection, shall remain in effect
501 until the rules are adopted. If an authorized electronic filing
502 agent makes the disclosure required under s. 501.976(18), the an
503 authorized electronic filing agent may charge a fee to the
504 customer for use of the electronic filing system.
505 Section 9. Paragraph (a) of subsection (3) of section
506 320.07, Florida Statutes, is amended to read:
507 320.07 Expiration of registration; renewal required;
508 penalties.—
509 (3) The operation of any motor vehicle without having
510 attached thereto a registration license plate and validation
511 stickers, or the use of any mobile home without having attached
512 thereto a mobile home sticker, for the current registration
513 period shall subject the owner thereof, if he or she is present,
514 or, if the owner is not present, the operator thereof to the
515 following penalty provisions:
516 (a) Any person whose motor vehicle or mobile home
517 registration has been expired for a period of 6 months or less
518 commits a noncriminal traffic infraction, punishable as a
519 nonmoving violation as provided in chapter 318. However, a law
520 enforcement officer may not issue a citation for a violation
521 under this paragraph until midnight on the last day of the
522 owner’s birth month of the year the registration expires.
523 Section 10. Subsections (25) and (26) of section 320.64,
524 Florida Statutes, are amended, and subsections (39) and (40) are
525 added to that section, to read:
526 320.64 Denial, suspension, or revocation of license;
527 grounds.—A license of a licensee under s. 320.61 may be denied,
528 suspended, or revoked within the entire state or at any specific
529 location or locations within the state at which the applicant or
530 licensee engages or proposes to engage in business, upon proof
531 that the section was violated with sufficient frequency to
532 establish a pattern of wrongdoing, and a licensee or applicant
533 shall be liable for claims and remedies provided in ss. 320.695
534 and 320.697 for any violation of any of the following
535 provisions. A licensee is prohibited from committing the
536 following acts:
537 (25) The applicant or licensee has undertaken or engaged in
538 an audit of warranty, maintenance, and other service-related
539 payments or incentive payments, including payments to a motor
540 vehicle dealer under any licensee-issued program, policy, or
541 other benefit, which were previously have been paid to a motor
542 vehicle dealer in violation of this section or has failed to
543 comply with any of its obligations under s. 320.696. An
544 applicant or licensee may reasonably and periodically audit a
545 motor vehicle dealer to determine the validity of paid claims as
546 provided in s. 320.696. Audits of warranty, maintenance, and
547 other service-related payments shall be performed by an
548 applicant or licensee only during the 12-month 1-year period
549 immediately following the date the claim was paid. Audits Audit
550 of incentive payments shall only be performed only during the
551 12-month for an 18-month period immediately following the date
552 the incentive was paid. As used in this section, the term
553 “incentive” includes any bonus, incentive, or other monetary or
554 nonmonetary consideration. After such time periods have elapsed,
555 all warranty, maintenance, and other service-related payments
556 and incentive payments shall be deemed final and
557 incontrovertible for any reason notwithstanding any otherwise
558 applicable law, and the motor vehicle dealer shall not be
559 subject to any chargeback charge-back or repayment. An applicant
560 or licensee may deny a claim or, as a result of a timely
561 conducted audit, impose a chargeback charge-back against a motor
562 vehicle dealer for warranty, maintenance, or other service
563 related payments or incentive payments only if the applicant or
564 licensee can show that the warranty, maintenance, or other
565 service-related claim or incentive claim was false or fraudulent
566 or that the motor vehicle dealer failed to substantially comply
567 with the reasonable written and uniformly applied procedures of
568 the applicant or licensee for such repairs or incentives, but
569 only for that portion of the claim so shown. Notwithstanding the
570 terms of any franchise agreement, guideline, program, policy, or
571 procedure, an applicant or licensee may deny or charge back only
572 that portion of a warranty, maintenance, or other service
573 related claim or incentive claim which the applicant or licensee
574 has proven to be false or fraudulent or for which the dealer
575 failed to substantially comply with the reasonable written and
576 uniformly applied procedures of the applicant or licensee for
577 such repairs or incentives, as set forth in this subsection. An
578 applicant or licensee may not charge back a motor vehicle dealer
579 back subsequent to the payment of a warranty, maintenance, or
580 service-related claim or incentive claim unless, within 30 days
581 after a timely conducted audit, a representative of the
582 applicant or licensee first meets in person, by telephone, or by
583 video teleconference with an officer or employee of the dealer
584 designated by the motor vehicle dealer. At such meeting the
585 applicant or licensee must provide a detailed explanation, with
586 supporting documentation, as to the basis for each of the claims
587 for which the applicant or licensee proposed a chargeback
588 charge-back to the dealer and a written statement containing the
589 basis upon which the motor vehicle dealer was selected for audit
590 or review. Thereafter, the applicant or licensee must provide
591 the motor vehicle dealer’s representative a reasonable period
592 after the meeting within which to respond to the proposed
593 chargebacks charge-backs, with such period to be commensurate
594 with the volume of claims under consideration, but in no case
595 less than 45 days after the meeting. The applicant or licensee
596 is prohibited from changing or altering the basis for each of
597 the proposed chargebacks charge-backs as presented to the motor
598 vehicle dealer’s representative following the conclusion of the
599 audit unless the applicant or licensee receives new information
600 affecting the basis for one or more chargebacks charge-backs and
601 that new information is received within 30 days after the
602 conclusion of the timely conducted audit. If the applicant or
603 licensee claims the existence of new information, the dealer
604 must be given the same right to a meeting and right to respond
605 as when the chargeback charge-back was originally presented.
606 After all internal dispute resolution processes provided through
607 the applicant or licensee have been completed, the applicant or
608 licensee shall give written notice to the motor vehicle dealer
609 of the final amount of its proposed chargeback charge-back. If
610 the dealer disputes that amount, the dealer may file a protest
611 with the department within 30 days after receipt of the notice.
612 If a protest is timely filed, the department shall notify the
613 applicant or licensee of the filing of the protest, and the
614 applicant or licensee may not take any action to recover the
615 amount of the proposed chargeback charge-back until the
616 department renders a final determination, which is not subject
617 to further appeal, that the chargeback charge-back is in
618 compliance with the provisions of this section. In any hearing
619 pursuant to this subsection, the applicant or licensee has the
620 burden of proof that its audit and resulting chargeback charge
621 back are in compliance with this subsection.
622 (26) Notwithstanding the terms of any franchise agreement,
623 including any licensee’s program, policy, or procedure, the
624 applicant or licensee has refused to allocate, sell, or deliver
625 motor vehicles; charged back or withheld payments or other
626 things of value for which the dealer is otherwise eligible under
627 a sales promotion, program, or contest; prevented a motor
628 vehicle dealer from participating in any promotion, program, or
629 contest; or has taken or threatened to take any adverse action
630 against a dealer, including chargebacks charge-backs, reducing
631 vehicle allocations, or terminating or threatening to terminate
632 a franchise because the dealer sold or leased a motor vehicle to
633 a customer who exported the vehicle to a foreign country or who
634 resold the vehicle, unless the licensee proves that the dealer
635 knew or reasonably should have known that the customer intended
636 to export or resell the motor vehicle. There is a rebuttable
637 presumption that the dealer neither knew nor reasonably should
638 have known of its customer’s intent to export or resell the
639 vehicle if the vehicle is titled or registered in any state in
640 this country. A licensee may not take any action against a motor
641 vehicle dealer, including reducing its allocations or supply of
642 motor vehicles to the dealer, or charging back to a dealer any
643 for an incentive payment previously paid, unless the licensee
644 first meets in person, by telephone, or video conference with an
645 officer or other designated employee of the dealer. At such
646 meeting, the licensee must provide a detailed explanation, with
647 supporting documentation, as to the basis for its claim that the
648 dealer knew or reasonably should have known of the customer’s
649 intent to export or resell the motor vehicle. Thereafter, the
650 motor vehicle dealer shall have a reasonable period,
651 commensurate with the number of motor vehicles at issue, but not
652 less than 15 days, to respond to the licensee’s claims. If,
653 following the dealer’s response and completion of all internal
654 dispute resolution processes provided through the applicant or
655 licensee, the dispute remains unresolved, the dealer may file a
656 protest with the department within 30 days after receipt of a
657 written notice from the licensee that it still intends to take
658 adverse action against the dealer with respect to the motor
659 vehicles still at issue. If a protest is timely filed, the
660 department shall notify the applicant or licensee of the filing
661 of the protest, and the applicant or licensee may not take any
662 action adverse to the dealer until the department renders a
663 final determination, which is not subject to further appeal,
664 that the licensee’s proposed action is in compliance with the
665 provisions of this subsection. In any hearing pursuant to this
666 subsection, the applicant or licensee has the burden of proof on
667 all issues raised by this subsection. An applicant or licensee
668 may not take any adverse action against a motor vehicle dealer
669 because the dealer sold or leased a motor vehicle to a customer
670 who exported the vehicle to a foreign country or who resold the
671 vehicle unless the applicant or licensee provides written
672 notification to the motor vehicle dealer of such resale or
673 export within 12 months after the date the dealer sold or leased
674 the vehicle to the customer.
675 (39) Notwithstanding any agreement, program, incentive,
676 bonus, policy, or rule, an applicant or licensee may not fail to
677 make any payment pursuant to any agreement, program, incentive,
678 bonus, policy, or rule for any temporary replacement motor
679 vehicle loaned, rented, or provided by a motor vehicle dealer to
680 or for its service or repair customers, even if the temporary
681 replacement motor vehicle has been leased, rented, titled, or
682 registered to the motor vehicle dealer’s rental or leasing
683 division or an entity that is owned or controlled by the motor
684 vehicle dealer, provided that the motor vehicle dealer or its
685 rental or leasing division or entity complies with the written
686 and uniformly enforced vehicle eligibility, use, and reporting
687 requirements specified by the applicant or licensee in its
688 agreement, program, policy, bonus, incentive, or rule relating
689 to loaner vehicles.
690 (40) Notwithstanding the terms of any franchise agreement,
691 the applicant or licensee may not require or coerce, or attempt
692 to require or coerce, a motor vehicle dealer to purchase goods
693 or services from a vendor selected, identified, or designated by
694 the applicant or licensee, or one of its parents, subsidiaries,
695 divisions, or affiliates, by agreement, standard, policy,
696 program, incentive provision, or otherwise, without making
697 available to the motor vehicle dealer the option to obtain the
698 goods or services of substantially similar design and quality
699 from a vendor chosen by the motor vehicle dealer. If the motor
700 vehicle dealer exercises such option, the dealer must provide
701 written notice of its desire to use the alternative goods or
702 services to the applicant or licensee, along with samples or
703 clear descriptions of the alternative goods or services that the
704 dealer desires to use. The licensee or applicant shall have the
705 opportunity to evaluate the alternative goods or services for up
706 to 30 days to determine whether it will provide a written
707 approval to the motor vehicle dealer to use the alternative
708 goods or services. Approval may not be unreasonably withheld by
709 the applicant or licensee. If the motor vehicle dealer does not
710 receive a response from the applicant or licensee within 30
711 days, approval to use the alternative goods or services is
712 deemed granted. If a dealer using alternative goods or services
713 complies with this subsection and has received approval from the
714 licensee or applicant, the dealer is not ineligible for all
715 benefits described in the agreement, standard, policy, program,
716 incentive provision, or otherwise solely for having used such
717 alternative goods or services. As used in this subsection, the
718 term “goods or services” is limited to such goods and services
719 used to construct or renovate dealership facilities or furniture
720 and fixtures at the dealership facilities. The term does not
721 include:
722 (a) Any materials subject to applicant’s or licensee’s
723 copyright, trademark, or trade dress rights;
724 (b) Any special tool and training as required by the
725 licensee or applicant;
726 (c) Any part to be used in repairs under warranty
727 obligations of an applicant or licensee;
728 (d) Any good or service paid for entirely by the applicant
729 or licensee; or
730 (e) Any applicant’s or licensee’s design or architectural
731 review service.
732
733 A motor vehicle dealer who can demonstrate that a violation of,
734 or failure to comply with, any of the preceding provisions by an
735 applicant or licensee will or can adversely and pecuniarily
736 affect the complaining dealer, shall be entitled to pursue all
737 of the remedies, procedures, and rights of recovery available
738 under ss. 320.695 and 320.697.
739 Section 11. Paragraph (c) is added to subsection (8) of
740 section 322.051, Florida Statutes, and subsection (9) of that
741 section is amended, to read:
742 322.051 Identification cards.—
743 (8)
744 (c) The international symbol for the deaf and hard of
745 hearing shall be exhibited on the identification card of a
746 person who is deaf or hard of hearing upon the payment of an
747 additional $1 fee for the identification card and the
748 presentation of sufficient proof that the person is deaf or hard
749 of hearing as determined by the department. Until a person’s
750 identification card is next renewed, the person may have the
751 symbol added to his or her identification card upon surrender of
752 his or her current identification card, payment of a $2 fee to
753 be deposited into the Highway Safety Operating Trust Fund, and
754 presentation of sufficient proof that the person is deaf or hard
755 of hearing as determined by the department. If the applicant is
756 not conducting any other transaction affecting the
757 identification card, a replacement identification card may be
758 issued with the symbol without payment of the fee required in s.
759 322.21(1)(f)3. For purposes of this paragraph, the international
760 symbol for the deaf and hard of hearing is substantially as
761 follows:
762 Insert deaf and hard of hearing symbol
763 (9) Notwithstanding any other provision of this section or
764 s. 322.21 to the contrary, the department shall issue or renew a
765 card at no charge to a person who presents evidence satisfactory
766 to the department that he or she is homeless as defined in s.
767 414.0252(7), to a juvenile offender who is in the custody or
768 under the supervision of the Department of Juvenile Justice and
769 receiving services pursuant to s. 985.461, to an inmate
770 receiving a card issued pursuant to s. 944.605(7), or, if
771 necessary, to an inmate receiving a replacement card if the
772 department determines that he or she has a valid state
773 identification card. If the replacement state identification
774 card is scheduled to expire within 6 months, the department may
775 also issue a temporary permit valid for at least 6 months after
776 the release date. The department’s mobile issuing units shall
777 process the identification cards for juvenile offenders and
778 inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
779 Section 12. Present paragraph (c) of subsection (1) of
780 section 322.14, Florida Statutes, is redesignated as paragraph
781 (d), and a new paragraph (c) is added to that subsection, to
782 read:
783 322.14 Licenses issued to drivers.—
784 (1)
785 (c) The international symbol for the deaf and hard of
786 hearing provided in s. 322.051(8)(c) shall be exhibited on the
787 driver license of a person who is deaf or hard of hearing upon
788 the payment of an additional $1 fee for the license and the
789 presentation of sufficient proof that the person is deaf or hard
790 of hearing as determined by the department. Until a person’s
791 license is next renewed, the person may have the symbol added to
792 his or her license upon the surrender of his or her current
793 license, payment of a $2 fee to be deposited into the Highway
794 Safety Operating Trust Fund, and presentation of sufficient
795 proof that the person is deaf or hard of hearing as determined
796 by the department. If the applicant is not conducting any other
797 transaction affecting the driver license, a replacement license
798 may be issued with the symbol without payment of the fee
799 required in s. 322.21(1)(e).
800 Section 13. The amendments made by this act to subsection
801 (8) of s. 322.051, Florida Statutes, and s. 322.14, Florida
802 Statutes, shall apply upon implementation of new designs for the
803 identification card and driver license by the Department of
804 Highway Safety and Motor Vehicles.
805 Section 14. Subsections (1) and (2) of section 322.19,
806 Florida Statutes, are amended to read:
807 322.19 Change of address or name.—
808 (1) Except as provided in ss. 775.21, 775.261, 943.0435,
809 944.607, and 985.4815, whenever any person, after applying for
810 or receiving a driver license or identification card, changes
811 his or her legal name, that person must within 30 10 days
812 thereafter obtain a replacement license or card that reflects
813 the change.
814 (2) If a Whenever any person, after applying for or
815 receiving a driver license or identification card, changes the
816 legal residence or mailing address in the application, or
817 license, or card, the person must, within 30 10 calendar days
818 after making the change, obtain a replacement license or card
819 that reflects the change. A written request to the department
820 must include the old and new addresses and the driver license or
821 identification card number. Any person who has a valid, current
822 student identification card issued by an educational institution
823 in this state is presumed not to have changed his or her legal
824 residence or mailing address. This subsection does not affect
825 any person required to register a permanent or temporary address
826 change pursuant to s. 775.13, s. 775.21, s. 775.25, or s.
827 943.0435.
828 Section 15. Paragraph (f) of subsection (1) of section
829 322.21, Florida Statutes, is amended to read:
830 322.21 License fees; procedure for handling and collecting
831 fees.—
832 (1) Except as otherwise provided herein, the fee for:
833 (f) An original, renewal, or replacement identification
834 card issued pursuant to s. 322.051 is $25, except that an
835 applicant who presents evidence satisfactory to the department
836 that he or she is homeless as defined in s. 414.0252(7); or his
837 or her annual income is at or below 100 percent of the federal
838 poverty level; or he or she is a juvenile offender who is in the
839 custody or under the supervision of the Department of Juvenile
840 Justice, is receiving services pursuant to s. 985.461, and whose
841 identification card is issued by the department’s mobile issuing
842 units is exempt from such fee. Funds collected from fees for
843 original, renewal, or replacement identification cards shall be
844 distributed as follows:
845 1. For an original identification card issued pursuant to
846 s. 322.051, the fee shall be deposited into the General Revenue
847 Fund.
848 2. For a renewal identification card issued pursuant to s.
849 322.051, $6 shall be deposited into the Highway Safety Operating
850 Trust Fund, and $19 shall be deposited into the General Revenue
851 Fund.
852 3. For a replacement identification card issued pursuant to
853 s. 322.051, $9 shall be deposited into the Highway Safety
854 Operating Trust Fund, and $16 shall be deposited into the
855 General Revenue Fund. Beginning July 1, 2015, or upon completion
856 of the transition of the driver license issuance services, if
857 the replacement identification card is issued by the tax
858 collector, the tax collector shall retain the $9 that would
859 otherwise be deposited into the Highway Safety Operating Trust
860 Fund and the remaining revenues shall be deposited into the
861 General Revenue Fund.
862 Section 16. Subsection (3) of section 322.221, Florida
863 Statutes, is amended to read:
864 322.221 Department may require reexamination.—
865 (3)(a) Upon the conclusion of such examination or
866 reexamination the department shall take action as may be
867 appropriate and may suspend or revoke the license of such person
868 or permit him or her to retain such license, or may issue a
869 license subject to restrictions as permitted under s. 322.16.
870 Refusal or neglect of the licensee to submit to such examination
871 or reexamination shall be ground for suspension or revocation of
872 his or her license.
873 (b) If the department suspends or revokes the license of a
874 person due to his or her physical or mental condition, the
875 department shall issue an identification card to the person at
876 the time of the license suspension or revocation. The department
877 may not charge fees for the issuance of the identification card.
878 Section 17. Subsections (1), (3), and (4) of section
879 322.2715, Florida Statutes, are amended to read:
880 322.2715 Ignition interlock device.—
881 (1) Before issuing a permanent or restricted driver license
882 under this chapter, the department shall require the placement
883 of a department-approved ignition interlock device for any
884 person convicted of committing an offense of driving under the
885 influence as specified in subsection (3), except that
886 consideration may be given to those individuals having a
887 documented medical condition that would prohibit the device from
888 functioning normally. If a medical waiver has been granted for a
889 convicted person seeking a restricted license, the convicted
890 person shall not be entitled to a restricted license until the
891 required ignition interlock device installation period under
892 subsection (3) expires, in addition to the time requirements
893 under s. 322.271. If a medical waiver has been approved for a
894 convicted person seeking permanent reinstatement of the driver
895 license, the convicted person must be restricted to an
896 employment-purposes-only license and be supervised by a licensed
897 DUI program until the required ignition interlock device
898 installation period under subsection (3) expires. An interlock
899 device shall be placed on all vehicles that are individually or
900 jointly leased or owned and routinely operated by the convicted
901 person. Effective October 1, 2016, a qualified sobriety and drug
902 monitoring program, as defined in s. 316.193(15) and authorized
903 by 23 U.S.C. s. 164, shall be used by the department in addition
904 to the placement of an ignition interlock device required by
905 this section.
906 (3) If the person is convicted of:
907 (a) A first offense of driving under the influence under s.
908 316.193 and has an unlawful blood-alcohol level or breath
909 alcohol level as specified in s. 316.193(1), the ignition
910 interlock device may be installed for at least 6 continuous
911 months.
912 (b) A first offense of driving under the influence under s.
913 316.193 and has an unlawful blood-alcohol level or breath
914 alcohol level as specified in s. 316.193(4), or if a person is
915 convicted of a violation of s. 316.193 and was at the time of
916 the offense accompanied in the vehicle by a person younger than
917 18 years of age, the person shall have the ignition interlock
918 device installed for at least 6 continuous months for the first
919 offense and for at least 2 continuous years for a second
920 offense.
921 (c) A second offense of driving under the influence, the
922 ignition interlock device shall be installed for a period of at
923 least 1 continuous year.
924 (d) A third offense of driving under the influence which
925 occurs within 10 years after a prior conviction for a violation
926 of s. 316.193, the ignition interlock device shall be installed
927 for a period of at least 2 continuous years.
928 (e) A third offense of driving under the influence which
929 occurs more than 10 years after the date of a prior conviction,
930 the ignition interlock device shall be installed for a period of
931 at least 2 continuous years.
932 (f) A fourth or subsequent offense of driving under the
933 influence, the ignition interlock device shall be installed for
934 a period of at least 5 years.
935
936 Effective October 1, 2016, for the offenses specified in this
937 subsection, a qualified sobriety and drug monitoring program, as
938 defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164,
939 shall be used by the department in addition to the placement of
940 an ignition interlock device required by this section.
941 (4) If the court fails to order the mandatory placement of
942 the ignition interlock device or fails to order for the
943 applicable period the mandatory placement of an ignition
944 interlock device under s. 316.193 or s. 316.1937 at the time of
945 imposing sentence or within 30 days thereafter, the department
946 shall immediately require that the ignition interlock device be
947 installed as provided in this section, except that consideration
948 may be given to those individuals having a documented medical
949 condition that would prohibit the device from functioning
950 normally. Effective October 1, 2016, a qualified sobriety and
951 drug monitoring program, as defined in s. 316.193(15) and
952 authorized by 23 U.S.C. s. 164, shall be used by the department
953 in addition to the placement of an ignition interlock device
954 required by this section. This subsection applies to the
955 reinstatement of the driving privilege following a revocation,
956 suspension, or cancellation that is based upon a conviction for
957 the offense of driving under the influence which occurs on or
958 after July 1, 2005.
959 Section 18. The Department of Transportation, in
960 consultation with the Department of Highway Safety and Motor
961 Vehicles, shall study the use and safe operation of driver
962 assistive truck platooning technology, as defined in s. 316.003,
963 Florida Statutes, for the purpose of developing a pilot project
964 to test vehicles that are equipped to operate using driver
965 assistive truck platooning technology.
966 (1) Upon conclusion of the study, the Department of
967 Transportation, in consultation with the Department of Highway
968 Safety and Motor Vehicles, may conduct a pilot project to test
969 the use and safe operation of vehicles equipped with driver
970 assistive truck platooning technology.
971 (2) Notwithstanding ss. 316.0895 and 316.303, Florida
972 Statutes, the Department of Transportation may conduct the pilot
973 project in such a manner and at such locations as determined by
974 the Department of Transportation based on the study.
975 (3) Before the start of the pilot project, manufacturers of
976 driver–assistive truck platooning technology being tested in the
977 pilot project must submit to the Department of Highway Safety
978 and Motor Vehicles an instrument of insurance, surety bond, or
979 proof of self-insurance acceptable to the department in the
980 amount of $5 million.
981 (4) Upon conclusion of the pilot project, the Department of
982 Transportation, in consultation with the Department of Highway
983 Safety and Motor Vehicles, shall submit the results of the study
984 and any findings or recommendations from the pilot project to
985 the Governor, the President of the Senate, and the Speaker of
986 the House of Representatives.
987 Section 19. This act shall take effect October 1, 2016.