Florida Senate - 2016 CS for CS for SB 1394
By the Committees on Fiscal Policy; and Transportation; and
Senator Brandes
594-04400-16 20161394c2
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; amending s. 316.003, F.S.;
4 defining the terms “service patrol vehicle” and
5 “driver-assistive truck platooning technology”;
6 amending s. 316.126, F.S.; requiring the driver of
7 every other vehicle to take specified actions if a
8 utility service vehicle displaying any visual signals
9 or a service patrol vehicle displaying amber rotating
10 or flashing lights is performing certain tasks on the
11 roadside; amending s. 316.193, F.S.; authorizing, as
12 of a specified date, a specified court to order a
13 certain qualified sobriety and drug monitoring program
14 under a specified pilot program as an alternative to
15 the placement of an ignition interlock device;
16 deleting obsolete provisions; deleting provisions
17 relating to a qualified sobriety and drug monitoring
18 program; directing the department to adopt rules
19 providing for the implementation of the use of certain
20 qualified sobriety and drug monitoring programs;
21 redefining the terms “qualified sobriety and drug
22 monitoring program” and “evidence-based program”;
23 creating a qualified sobriety and drug monitoring
24 pilot program effective on a specified date, subject
25 to certain requirements; requiring a specified court
26 to provide a report to the Governor and the
27 Legislature by a specified date; amending s. 316.1937,
28 F.S.; authorizing, as of a specified date, a specified
29 court to order a certain qualified sobriety and drug
30 monitoring program under a specified pilot program as
31 an alternative to the placement of an ignition
32 interlock device; amending s. 316.235, F.S.; revising
33 requirements relating to a deceleration lighting
34 system for buses; amending s. 316.303, F.S.; revising
35 the prohibition from operating, under certain
36 circumstances, a motor vehicle that is equipped with
37 television-type receiving equipment; providing
38 exceptions to the prohibition against actively
39 displaying moving television broadcast or pre-recorded
40 video entertainment content in vehicles; amending s.
41 320.02, F.S.; increasing the timeframe within which
42 the owner of any motor vehicle registered in the state
43 must notify the department of a change of address;
44 providing exceptions to such notification; amending s.
45 320.03, F.S.; providing that an authorized electronic
46 filing agent may charge a fee to the customer for use
47 of the electronic filing system if a specified
48 disclosure is made; amending s. 320.07, F.S.;
49 prohibiting a law enforcement officer from issuing a
50 citation for a specified violation until a certain
51 date; amending s. 320.08053, F.S.; revising presale
52 requirements for issuance of a specialty license
53 plate; amending s. 320.08056, F.S.; revising
54 conditions for discontinuing issuance of a specialty
55 license plate; providing an exception to the minimum
56 requirements for certain specialty license plates;
57 amending s. 320.64, F.S.; revising provisions for
58 denial, suspension, or revocation of the license of a
59 manufacturer, factory branch, distributor, or importer
60 of motor vehicles; revising provisions for certain
61 audits of service-related payments or incentive
62 payments to a dealer by an applicant or licensee and
63 the timeframe for the performance of such audits;
64 defining the term “incentive”; revising provisions for
65 denial or chargeback of claims; revising provisions
66 that prohibit certain adverse actions against a dealer
67 that sold or leased a motor vehicle to a customer who
68 exported the vehicle to a foreign country or who
69 resold the vehicle; revising conditions for taking
70 such adverse actions; prohibiting failure to make
71 certain payments to a motor vehicle dealer for
72 temporary replacement vehicles under certain
73 circumstances; prohibiting requiring or coercing a
74 dealer to purchase goods or services from a vendor
75 designated by the applicant or licensee unless certain
76 conditions are met; providing procedures for approval
77 of a dealer to purchase goods or services from a
78 vendor not designated by the applicant or licensee;
79 defining the term “goods or services”; amending s.
80 322.051, F.S.; authorizing the international symbol
81 for the deaf and hard of hearing to be exhibited on
82 the identification card of a person who is deaf or
83 hard of hearing; requiring a fee for the exhibition of
84 the symbol on the card; authorizing a replacement
85 identification card with the symbol without payment of
86 a specified fee under certain circumstances; providing
87 the international symbol for the deaf and hard of
88 hearing; requiring the department to issue or renew an
89 identification card to certain juvenile offenders;
90 requiring that the department’s mobile issuing units
91 process certain identification cards at no charge;
92 amending s. 322.14, F.S.; authorizing the
93 international symbol for the deaf and hard of hearing
94 to be exhibited on the driver license of a person who
95 is deaf or hard of hearing; requiring a fee for the
96 exhibition of the symbol on the license; authorizing a
97 replacement license without payment of a specified fee
98 under certain circumstances; providing applicability;
99 amending s. 322.19, F.S.; increasing the timeframe
100 within which certain persons must obtain a replacement
101 driver license or identification card that reflects a
102 change in his or her legal name; providing exceptions
103 to such requirement; increasing the timeframe within
104 which certain persons must obtain a replacement driver
105 license or identification card that reflects a change
106 in the legal residence or mailing address in his or
107 her application, license, or card; amending s. 322.21,
108 F.S.; exempting certain juvenile offenders from a
109 specified fee for an original, renewal, or replacement
110 identification card; amending s. 322.221, F.S.;
111 requiring the department to issue an identification
112 card at no cost at the time a person’s driver license
113 is suspended or revoked due to his or her physical or
114 mental condition; amending s. 322.251, F.S.; requiring
115 the department to include in a certain notice a
116 specified statement; amending s. 322.2715, F.S.;
117 requiring the department to use a certain qualified
118 sobriety and drug monitoring program as an alternative
119 to the placement of an ignition interlock device as of
120 a specified date under certain circumstances; amending
121 s. 765.521, F.S.; requiring the department to maintain
122 an integrated link on its website referring certain
123 visitors to a donor registry; directing the Department
124 of Transportation to study the operation of driver
125 assistive truck platooning technology; authorizing the
126 Department of Transportation to conduct a pilot
127 project to test such operation; providing security
128 requirements; requiring a report to the Governor and
129 Legislature; providing effective dates.
130
131 Be It Enacted by the Legislature of the State of Florida:
132
133 Section 1. Subsections (94) and (95) are added to section
134 316.003, Florida Statutes, to read:
135 316.003 Definitions.—The following words and phrases, when
136 used in this chapter, shall have the meanings respectively
137 ascribed to them in this section, except where the context
138 otherwise requires:
139 (94) SERVICE PATROL VEHICLE.—A motor vehicle that bears an
140 emblem or markings with the wording “SERVICE VEHICLE” which is
141 visible from the roadway and clearly indicates that the vehicle
142 belongs to or is under contract with a person, an entity, a
143 cooperative, a board, a commission, a district, or a unit of
144 government that provides highway assistance services to
145 motorists, clears travel lanes, or provides temporary
146 maintenance of traffic support for incident response operations.
147 (95) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
148 automation and safety technology that integrates sensor array,
149 wireless vehicle-to-vehicle communications, active safety
150 systems, and specialized software to link safety systems and
151 synchronize acceleration and braking between two vehicles while
152 leaving each vehicle’s steering control and systems command in
153 the control of the vehicle’s driver in compliance with the
154 National Highway Traffic Safety Administration rules regarding
155 vehicle-to-vehicle communications.
156 Section 2. Section 316.126, Florida Statutes, is amended to
157 read:
158 316.126 Operation of vehicles and actions of pedestrians on
159 approach of an authorized emergency, sanitation, or utility
160 service vehicle, or service patrol vehicle.—
161 (1)(a) Upon the immediate approach of an authorized
162 emergency vehicle, while en route to meet an existing emergency,
163 the driver of every other vehicle shall, when such emergency
164 vehicle is giving audible signals by siren, exhaust whistle, or
165 other adequate device, or visible signals by the use of
166 displayed blue or red lights, yield the right-of-way to the
167 emergency vehicle and shall immediately proceed to a position
168 parallel to, and as close as reasonable to the closest edge of
169 the curb of the roadway, clear of any intersection and shall
170 stop and remain in position until the authorized emergency
171 vehicle has passed, unless otherwise directed by a law
172 enforcement officer.
173 (b) If an authorized emergency vehicle displaying any
174 visual signals is parked on the roadside, a sanitation vehicle
175 is performing a task related to the provision of sanitation
176 services on the roadside, a utility service vehicle displaying
177 any visual signals is performing a task related to the provision
178 of utility services on the roadside, or a wrecker displaying
179 amber rotating or flashing lights is performing a recovery or
180 loading on the roadside, or a service patrol vehicle displaying
181 amber rotating or flashing lights is performing official duties
182 or services on the roadside, the driver of every other vehicle,
183 as soon as it is safe:
184 1. Shall vacate the lane closest to the emergency vehicle,
185 sanitation vehicle, utility service vehicle, or wrecker, or
186 service patrol vehicle when driving on an interstate highway or
187 other highway with two or more lanes traveling in the direction
188 of the emergency vehicle, sanitation vehicle, utility service
189 vehicle, or wrecker, or service patrol vehicle except when
190 otherwise directed by a law enforcement officer. If such
191 movement cannot be safely accomplished, the driver shall reduce
192 speed as provided in subparagraph 2.
193 2. Shall slow to a speed that is 20 miles per hour less
194 than the posted speed limit when the posted speed limit is 25
195 miles per hour or greater; or travel at 5 miles per hour when
196 the posted speed limit is 20 miles per hour or less, when
197 driving on a two-lane road, except when otherwise directed by a
198 law enforcement officer.
199 (c) The Department of Highway Safety and Motor Vehicles
200 shall provide an educational awareness campaign informing the
201 motoring public about the Move Over Act. The department shall
202 provide information about the Move Over Act in all newly printed
203 driver license educational materials.
204 (2) Every pedestrian using the road right-of-way shall
205 yield the right-of-way until the authorized emergency vehicle
206 has passed, unless otherwise directed by a law enforcement
207 officer.
208 (3) An authorized emergency vehicle, when en route to meet
209 an existing emergency, shall warn all other vehicular traffic
210 along the emergency route by an audible signal, siren, exhaust
211 whistle, or other adequate device or by a visible signal by the
212 use of displayed blue or red lights. While en route to such
213 emergency, the emergency vehicle shall otherwise proceed in a
214 manner consistent with the laws regulating vehicular traffic
215 upon the highways of this state.
216 (4) This section does not diminish or enlarge any rules of
217 evidence or liability in any case involving the operation of an
218 emergency vehicle.
219 (5) This section does not relieve the driver of an
220 authorized emergency vehicle from the duty to drive with due
221 regard for the safety of all persons using the highway.
222 (6) A violation of this section is a noncriminal traffic
223 infraction, punishable pursuant to chapter 318 as either a
224 moving violation for infractions of subsection (1) or subsection
225 (3), or as a pedestrian violation for infractions of subsection
226 (2).
227 Section 3. Subsection (2), present paragraph (j) of
228 subsection (6), and subsection (11) of section 316.193, Florida
229 Statutes, are amended, present paragraphs (k), (l), and (m) of
230 subsection (6) are redesignated as paragraphs (j), (k), and (l),
231 respectively, and subsections (15) and (16) are added to that
232 section, to read:
233 316.193 Driving under the influence; penalties.—
234 (2)(a) Except as provided in paragraph (b), subsection (3),
235 or subsection (4), any person who is convicted of a violation of
236 subsection (1) shall be punished:
237 1. By a fine of:
238 a. Not less than $500 or more than $1,000 for a first
239 conviction.
240 b. Not less than $1,000 or more than $2,000 for a second
241 conviction; and
242 2. By imprisonment for:
243 a. Not more than 6 months for a first conviction.
244 b. Not more than 9 months for a second conviction.
245 3. For a second conviction, by mandatory placement for a
246 period of at least 1 year, at the convicted person’s sole
247 expense, of an ignition interlock device approved by the
248 department in accordance with s. 316.1938 upon all vehicles that
249 are individually or jointly leased or owned and routinely
250 operated by the convicted person, when the convicted person
251 qualifies for a permanent or restricted license. Effective
252 October 1, 2016, the court in the Fourth Judicial Circuit may
253 order an offender to participate in a qualified sobriety and
254 drug monitoring program, as defined in subsection (15) and
255 authorized by 23 U.S.C. s. 164, under the pilot program in
256 subsection (16), as an alternative to the placement of an
257 ignition interlock device required by this section The
258 installation of such device may not occur before July 1, 2003.
259 (b)1. Any person who is convicted of a third violation of
260 this section for an offense that occurs within 10 years after a
261 prior conviction for a violation of this section commits a
262 felony of the third degree, punishable as provided in s.
263 775.082, s. 775.083, or s. 775.084. In addition, the court shall
264 order the mandatory placement for a period of not less than 2
265 years, at the convicted person’s sole expense, of an ignition
266 interlock device approved by the department in accordance with
267 s. 316.1938 upon all vehicles that are individually or jointly
268 leased or owned and routinely operated by the convicted person,
269 when the convicted person qualifies for a permanent or
270 restricted license. Effective October 1, 2016, the court in the
271 Fourth Judicial Circuit may order an offender to participate in
272 a qualified sobriety and drug monitoring program, as defined in
273 subsection (15) and authorized by 23 U.S.C. s. 164, under the
274 pilot program in subsection (16), as an alternative to the
275 placement of an ignition interlock device required by this
276 section The installation of such device may not occur before
277 July 1, 2003.
278 2. Any person who is convicted of a third violation of this
279 section for an offense that occurs more than 10 years after the
280 date of a prior conviction for a violation of this section shall
281 be punished by a fine of not less than $2,000 or more than
282 $5,000 and by imprisonment for not more than 12 months. In
283 addition, the court shall order the mandatory placement for a
284 period of at least 2 years, at the convicted person’s sole
285 expense, of an ignition interlock device approved by the
286 department in accordance with s. 316.1938 upon all vehicles that
287 are individually or jointly leased or owned and routinely
288 operated by the convicted person, when the convicted person
289 qualifies for a permanent or restricted license. Effective
290 October 1, 2016, the court in the Fourth Judicial Circuit may
291 order an offender to participate in a qualified sobriety and
292 drug monitoring program, as defined in subsection (15) and
293 authorized by 23 U.S.C. s. 164, under the pilot program in
294 subsection (16), as an alternative to the placement of an
295 ignition interlock device required by this section The
296 installation of such device may not occur before July 1, 2003.
297 3. Any person who is convicted of a fourth or subsequent
298 violation of this section, regardless of when any prior
299 conviction for a violation of this section occurred, commits a
300 felony of the third degree, punishable as provided in s.
301 775.082, s. 775.083, or s. 775.084. However, the fine imposed
302 for such fourth or subsequent violation may be not less than
303 $2,000.
304 (c) In addition to the penalties in paragraph (a), the
305 court may order placement, at the convicted person’s sole
306 expense, of an ignition interlock device approved by the
307 department in accordance with s. 316.1938 for at least 6
308 continuous months upon all vehicles that are individually or
309 jointly leased or owned and routinely operated by the convicted
310 person if, at the time of the offense, the person had a blood
311 alcohol level or breath-alcohol level of .08 or higher.
312 (6) With respect to any person convicted of a violation of
313 subsection (1), regardless of any penalty imposed pursuant to
314 subsection (2), subsection (3), or subsection (4):
315 (j)1. Notwithstanding the provisions of this section, s.
316 316.1937, and s. 322.2715 relating to ignition interlock devices
317 required for second or subsequent offenders, in order to
318 strengthen the pretrial and posttrial options available to
319 prosecutors and judges, the court may order, if deemed
320 appropriate, that a person participate in a qualified sobriety
321 and drug monitoring program, as defined in subparagraph 2., in
322 addition to the ignition interlock device requirement.
323 Participation shall be at the person’s sole expense.
324 2. As used in this paragraph, the term “qualified sobriety
325 and drug monitoring program” means an evidence-based program,
326 approved by the department, in which participants are regularly
327 tested for alcohol and drug use. As the court deems appropriate,
328 the program may monitor alcohol or drugs through one or more of
329 the following modalities: breath testing twice a day; continuous
330 transdermal alcohol monitoring in cases of hardship; or random
331 blood, breath, urine, or oral fluid testing. Testing modalities
332 that provide the best ability to sanction a violation as close
333 in time as reasonably feasible to the occurrence of the
334 violation should be given preference. This paragraph does not
335 preclude a court from ordering an ignition interlock device as a
336 testing modality.
337 3. For purposes of this paragraph, the term “evidence-based
338 program” means a program that satisfies the requirements of at
339 least two of the following:
340 a. The program is included in the federal registry of
341 evidence-based programs and practices.
342 b. The program has been reported in a peer-reviewed journal
343 as having positive effects on the primary targeted outcome.
344 c. The program has been documented as effective by informed
345 experts and other sources.
346
347 For the purposes of this section, any conviction for a violation
348 of s. 327.35; a previous conviction for the violation of former
349 s. 316.1931, former s. 860.01, or former s. 316.028; or a
350 previous conviction outside this state for driving under the
351 influence, driving while intoxicated, driving with an unlawful
352 blood-alcohol level, driving with an unlawful breath-alcohol
353 level, or any other similar alcohol-related or drug-related
354 traffic offense, is also considered a previous conviction for
355 violation of this section. However, in satisfaction of the fine
356 imposed pursuant to this section, the court may, upon a finding
357 that the defendant is financially unable to pay either all or
358 part of the fine, order that the defendant participate for a
359 specified additional period of time in public service or a
360 community work project in lieu of payment of that portion of the
361 fine which the court determines the defendant is unable to pay.
362 In determining such additional sentence, the court shall
363 consider the amount of the unpaid portion of the fine and the
364 reasonable value of the services to be ordered; however, the
365 court may not compute the reasonable value of services at a rate
366 less than the federal minimum wage at the time of sentencing.
367 (11) The Department of Highway Safety and Motor Vehicles is
368 directed to adopt rules providing for the implementation of the
369 use of ignition interlock devices and qualified sobriety and
370 drug monitoring programs, as defined in subsection (15), to be
371 used in the pilot program under subsection (16).
372 (15) As used in this chapter and chapter 322, the term:
373 (a) “Qualified sobriety and drug monitoring program” means
374 an evidence-based program approved by the department which
375 authorizes a court or an agency with jurisdiction, as a
376 condition of bond, sentence, probation, parole, or restricted
377 driving privileges, to require a person who was arrested for,
378 pleaded guilty to, or was convicted of driving under the
379 influence of alcohol or drugs to be regularly tested for alcohol
380 and drug use. As the court deems appropriate, the program shall
381 monitor alcohol or drugs through one or more of the following
382 modalities: breath testing twice a day at a testing location;
383 continuous transdermal alcohol monitoring via an electronic
384 monitoring device; random blood, breath, or urine testing; or
385 drug patch or oral fluid testing. Testing modalities that
386 provide the best ability to detect a violation as close in time
387 as reasonably feasible to the occurrence of the violation should
388 be given preference. Participation shall be at the person’s sole
389 expense.
390 (b) “Evidence-based program” means a program that satisfies
391 the requirements of at least two of the following:
392 1. The program is included in the federal registry of
393 evidence-based programs and practices.
394 2. The program has been reported in a peer-reviewed journal
395 as having positive effects on the primary targeted outcome.
396 3. The program has been documented as effective by informed
397 experts and other sources.
398 (16) The Fourth Judicial Circuit, in coordination with the
399 department, shall implement a qualified sobriety and drug
400 monitoring pilot program effective October 1, 2016, for offenses
401 where an ignition interlock device is mandated under
402 subparagraphs (2)(a)3., (2)(b)1., and (2)(b)2. The Fourth
403 Judicial Circuit may order a qualified sobriety and drug
404 monitoring program, as defined in subsection (15) and authorized
405 by 23 U.S.C. s. 164, as an alternative to the ignition interlock
406 device. The Fourth Judicial Circuit shall provide a report on
407 the results of the pilot program to the Governor, the President
408 of the Senate, and the Speaker of the House of Representatives
409 by March 1, 2018.
410 Section 4. Subsection (1) of section 316.1937, Florida
411 Statutes, is amended to read:
412 316.1937 Ignition interlock devices, requiring; unlawful
413 acts.—
414 (1) In addition to any other authorized penalties, the
415 court may require that any person who is convicted of driving
416 under the influence in violation of s. 316.193 shall not operate
417 a motor vehicle unless that vehicle is equipped with a
418 functioning ignition interlock device certified by the
419 department as provided in s. 316.1938, and installed in such a
420 manner that the vehicle will not start if the operator’s blood
421 alcohol level is in excess of 0.025 percent or as otherwise
422 specified by the court. The court may require the use of an
423 approved ignition interlock device for a period of at least 6
424 continuous months, if the person is permitted to operate a motor
425 vehicle, whether or not the privilege to operate a motor vehicle
426 is restricted, as determined by the court. The court, however,
427 shall order placement of an ignition interlock device in those
428 circumstances required by s. 316.193. Effective October 1, 2016,
429 for offenses where an ignition interlock device is mandated
430 under s. 316.193(2)(a)3., (2)(b)1., and (2)(b)2., the court in
431 the Fourth Judicial Circuit may order a qualified sobriety and
432 drug monitoring program, as defined in s. 316.193(15) and
433 authorized by 23 U.S.C. s. 164, under the pilot program in s.
434 316.193(16) as an alternative to the ignition interlock device.
435 Section 5. Subsection (5) of section 316.235, Florida
436 Statutes, is amended to read:
437 316.235 Additional lighting equipment.—
438 (5) A bus, as defined in s. 316.003(3), may be equipped
439 with a deceleration lighting system that which cautions
440 following vehicles that the bus is slowing, is preparing to
441 stop, or is stopped. Such lighting system shall consist of red
442 or amber lights mounted in horizontal alignment on the rear of
443 the vehicle at or near the vertical centerline of the vehicle,
444 no greater than 12 inches apart, not higher than the lower edge
445 of the rear window or, if the vehicle has no rear window, not
446 higher than 100 72 inches from the ground. Such lights shall be
447 visible from a distance of not less than 300 feet to the rear in
448 normal sunlight. Lights are permitted to light and flash during
449 deceleration, braking, or standing and idling of the bus.
450 Vehicular hazard warning flashers may be used in conjunction
451 with or in lieu of a rear-mounted deceleration lighting system.
452 Section 6. Subsections (1) and (3) of section 316.303,
453 Florida Statutes, are amended to read:
454 316.303 Television receivers.—
455 (1) No motor vehicle may be operated on the highways of
456 this state if the vehicle is actively displaying moving
457 television broadcast or pre-recorded video entertainment content
458 that is shall be equipped with television-type receiving
459 equipment so located that the viewer or screen is visible from
460 the driver’s seat while the vehicle is in motion, unless the
461 vehicle is equipped with autonomous technology, as defined in s.
462 316.003(90), and is being operated in autonomous mode, as
463 provided in s. 316.85(2).
464 (3) This section does not prohibit the use of an electronic
465 display used in conjunction with a vehicle navigation system, or
466 an electronic display used by an operator of a vehicle equipped
467 and operating with driver-assistive truck platooning technology,
468 as defined in s. 316.003.
469 Section 7. Subsection (4) of section 320.02, Florida
470 Statutes, is amended to read:
471 320.02 Registration required; application for registration;
472 forms.—
473 (4) Except as provided in ss. 775.21, 775.261, 943.0435,
474 944.607, and 985.4815, the owner of any motor vehicle registered
475 in the state shall notify the department in writing of any
476 change of address within 30 20 days of such change. The
477 notification shall include the registration license plate
478 number, the vehicle identification number (VIN) or title
479 certificate number, year of vehicle make, and the owner’s full
480 name.
481 Section 8. Subsection (10) of section 320.03, Florida
482 Statutes, is amended to read:
483 320.03 Registration; duties of tax collectors;
484 International Registration Plan.—
485 (10) Jurisdiction over the electronic filing system for use
486 by authorized electronic filing system agents to electronically
487 title or register motor vehicles, vessels, mobile homes, or off
488 highway vehicles; issue or transfer registration license plates
489 or decals; electronically transfer fees due for the title and
490 registration process; and perform inquiries for title,
491 registration, and lienholder verification and certification of
492 service providers is expressly preempted to the state, and the
493 department shall have regulatory authority over the system. The
494 electronic filing system shall be available for use statewide
495 and applied uniformly throughout the state. An entity that, in
496 the normal course of its business, sells products that must be
497 titled or registered, provides title and registration services
498 on behalf of its consumers and meets all established
499 requirements may be an authorized electronic filing system agent
500 and shall not be precluded from participating in the electronic
501 filing system in any county. Upon request from a qualified
502 entity, the tax collector shall appoint the entity as an
503 authorized electronic filing system agent for that county. The
504 department shall adopt rules in accordance with chapter 120 to
505 replace the December 10, 2009, program standards and to
506 administer the provisions of this section, including, but not
507 limited to, establishing participation requirements,
508 certification of service providers, electronic filing system
509 requirements, and enforcement authority for noncompliance. The
510 December 10, 2009, program standards, excluding any standards
511 which conflict with this subsection, shall remain in effect
512 until the rules are adopted. If an authorized electronic filing
513 agent makes the disclosure required under s. 501.976(18), the an
514 authorized electronic filing agent may charge a fee to the
515 customer for use of the electronic filing system.
516 Section 9. Paragraph (a) of subsection (3) of section
517 320.07, Florida Statutes, is amended to read:
518 320.07 Expiration of registration; renewal required;
519 penalties.—
520 (3) The operation of any motor vehicle without having
521 attached thereto a registration license plate and validation
522 stickers, or the use of any mobile home without having attached
523 thereto a mobile home sticker, for the current registration
524 period shall subject the owner thereof, if he or she is present,
525 or, if the owner is not present, the operator thereof to the
526 following penalty provisions:
527 (a) Any person whose motor vehicle or mobile home
528 registration has been expired for a period of 6 months or less
529 commits a noncriminal traffic infraction, punishable as a
530 nonmoving violation as provided in chapter 318. However, a law
531 enforcement officer may not issue a citation for a violation
532 under this paragraph until midnight on the last day of the
533 owner’s birth month of the year the registration expires.
534 Section 10. Effective July 1, 2016, section 320.08053,
535 Florida Statutes, is amended to read:
536 320.08053 Establishment of Requirements for requests to
537 establish specialty license plates.—
538 (1) If a specialty license plate requested by an
539 organization is approved by law, the organization must submit
540 the proposed art design for the specialty license plate to the
541 department, in a medium prescribed by the department, as soon as
542 practicable, but no later than 60 days after the act approving
543 the specialty license plate becomes a law.
544 (2)(a) Within 120 days following the specialty license
545 plate becoming law, the department shall establish a method to
546 issue a specialty license plate voucher to allow for the presale
547 of the specialty license plate. The processing fee as prescribed
548 in s. 320.08056, the service charge and branch fee as prescribed
549 in s. 320.04, and the annual use fee as prescribed in s.
550 320.08056 shall be charged for the voucher. All other applicable
551 fees shall be charged at the time of issuance of the license
552 plates.
553 (b) Within 24 months after the presale specialty license
554 plate voucher is established, the approved specialty license
555 plate organization must record with the department a minimum of
556 4,000 1,000 voucher sales before manufacture of the license
557 plate may begin commence. If, at the conclusion of the 24-month
558 presale period, the minimum sales requirement has requirements
559 have not been met, the specialty plate is deauthorized and the
560 department shall discontinue development of the plate and
561 discontinue issuance of the presale vouchers. Upon
562 deauthorization of the license plate, a purchaser of the license
563 plate voucher may use the annual use fee collected as a credit
564 towards any other specialty license plate or apply for a refund
565 on a form prescribed by the department.
566 Section 11. Effective July 1, 2019, paragraph (a) of
567 subsection (8) of section 320.08056, Florida Statutes, is
568 amended to read:
569 320.08056 Specialty license plates.—
570 (8)(a) The department must discontinue the issuance of an
571 approved specialty license plate if the number of valid
572 specialty plate registrations falls below 4,000 1,000 plates for
573 at least 12 consecutive months. A warning letter shall be mailed
574 to the sponsoring organization following the first month in
575 which the total number of valid specialty plate registrations is
576 below 4,000 1,000 plates. This paragraph does not apply to
577 collegiate license plates established under s. 320.08058(3) or
578 specialty license plates that have statutory eligibility
579 limitations for purchase.
580 Section 12. Subsections (25) and (26) of section 320.64,
581 Florida Statutes, are amended, and subsections (39) and (40) are
582 added to that section, to read:
583 320.64 Denial, suspension, or revocation of license;
584 grounds.—A license of a licensee under s. 320.61 may be denied,
585 suspended, or revoked within the entire state or at any specific
586 location or locations within the state at which the applicant or
587 licensee engages or proposes to engage in business, upon proof
588 that the section was violated with sufficient frequency to
589 establish a pattern of wrongdoing, and a licensee or applicant
590 shall be liable for claims and remedies provided in ss. 320.695
591 and 320.697 for any violation of any of the following
592 provisions. A licensee is prohibited from committing the
593 following acts:
594 (25) The applicant or licensee has undertaken or engaged in
595 an audit of warranty, maintenance, and other service-related
596 payments or incentive payments, including payments to a motor
597 vehicle dealer under any licensee-issued program, policy, or
598 other benefit, which were previously have been paid to a motor
599 vehicle dealer in violation of this section or has failed to
600 comply with any of its obligations under s. 320.696. An
601 applicant or licensee may reasonably and periodically audit a
602 motor vehicle dealer to determine the validity of paid claims as
603 provided in s. 320.696. Audits of warranty, maintenance, and
604 other service-related payments shall be performed by an
605 applicant or licensee only during the 12-month 1-year period
606 immediately following the date the claim was paid. Audits Audit
607 of incentive payments shall only be performed only during the
608 12-month for an 18-month period immediately following the date
609 the incentive was paid. As used in this section, the term
610 “incentive” includes any bonus, incentive, or other monetary or
611 nonmonetary consideration. After such time periods have elapsed,
612 all warranty, maintenance, and other service-related payments
613 and incentive payments shall be deemed final and
614 incontrovertible for any reason notwithstanding any otherwise
615 applicable law, and the motor vehicle dealer shall not be
616 subject to any chargeback charge-back or repayment. An applicant
617 or licensee may deny a claim or, as a result of a timely
618 conducted audit, impose a chargeback charge-back against a motor
619 vehicle dealer for warranty, maintenance, or other service
620 related payments or incentive payments only if the applicant or
621 licensee can show that the warranty, maintenance, or other
622 service-related claim or incentive claim was false or fraudulent
623 or that the motor vehicle dealer failed to substantially comply
624 with the reasonable written and uniformly applied procedures of
625 the applicant or licensee for such repairs or incentives, but
626 only for that portion of the claim so shown. Notwithstanding the
627 terms of any franchise agreement, guideline, program, policy, or
628 procedure, an applicant or licensee may deny or charge back only
629 that portion of a warranty, maintenance, or other service
630 related claim or incentive claim which the applicant or licensee
631 has proven to be false or fraudulent or for which the dealer
632 failed to substantially comply with the reasonable written and
633 uniformly applied procedures of the applicant or licensee for
634 such repairs or incentives, as set forth in this subsection. An
635 applicant or licensee may not charge back a motor vehicle dealer
636 back subsequent to the payment of a warranty, maintenance, or
637 service-related claim or incentive claim unless, within 30 days
638 after a timely conducted audit, a representative of the
639 applicant or licensee first meets in person, by telephone, or by
640 video teleconference with an officer or employee of the dealer
641 designated by the motor vehicle dealer. At such meeting the
642 applicant or licensee must provide a detailed explanation, with
643 supporting documentation, as to the basis for each of the claims
644 for which the applicant or licensee proposed a chargeback
645 charge-back to the dealer and a written statement containing the
646 basis upon which the motor vehicle dealer was selected for audit
647 or review. Thereafter, the applicant or licensee must provide
648 the motor vehicle dealer’s representative a reasonable period
649 after the meeting within which to respond to the proposed
650 chargebacks charge-backs, with such period to be commensurate
651 with the volume of claims under consideration, but in no case
652 less than 45 days after the meeting. The applicant or licensee
653 is prohibited from changing or altering the basis for each of
654 the proposed chargebacks charge-backs as presented to the motor
655 vehicle dealer’s representative following the conclusion of the
656 audit unless the applicant or licensee receives new information
657 affecting the basis for one or more chargebacks charge-backs and
658 that new information is received within 30 days after the
659 conclusion of the timely conducted audit. If the applicant or
660 licensee claims the existence of new information, the dealer
661 must be given the same right to a meeting and right to respond
662 as when the chargeback charge-back was originally presented.
663 After all internal dispute resolution processes provided through
664 the applicant or licensee have been completed, the applicant or
665 licensee shall give written notice to the motor vehicle dealer
666 of the final amount of its proposed chargeback charge-back. If
667 the dealer disputes that amount, the dealer may file a protest
668 with the department within 30 days after receipt of the notice.
669 If a protest is timely filed, the department shall notify the
670 applicant or licensee of the filing of the protest, and the
671 applicant or licensee may not take any action to recover the
672 amount of the proposed chargeback charge-back until the
673 department renders a final determination, which is not subject
674 to further appeal, that the chargeback charge-back is in
675 compliance with the provisions of this section. In any hearing
676 pursuant to this subsection, the applicant or licensee has the
677 burden of proof that its audit and resulting chargeback charge
678 back are in compliance with this subsection.
679 (26) Notwithstanding the terms of any franchise agreement,
680 including any licensee’s program, policy, or procedure, the
681 applicant or licensee has refused to allocate, sell, or deliver
682 motor vehicles; charged back or withheld payments or other
683 things of value for which the dealer is otherwise eligible under
684 a sales promotion, program, or contest; prevented a motor
685 vehicle dealer from participating in any promotion, program, or
686 contest; or has taken or threatened to take any adverse action
687 against a dealer, including chargebacks charge-backs, reducing
688 vehicle allocations, or terminating or threatening to terminate
689 a franchise because the dealer sold or leased a motor vehicle to
690 a customer who exported the vehicle to a foreign country or who
691 resold the vehicle, unless the licensee proves that the dealer
692 knew or reasonably should have known that the customer intended
693 to export or resell the motor vehicle. There is a rebuttable
694 presumption that the dealer neither knew nor reasonably should
695 have known of its customer’s intent to export or resell the
696 vehicle if the vehicle is titled or registered in any state in
697 this country. A licensee may not take any action against a motor
698 vehicle dealer, including reducing its allocations or supply of
699 motor vehicles to the dealer, or charging back to a dealer any
700 for an incentive payment previously paid, unless the licensee
701 first meets in person, by telephone, or video conference with an
702 officer or other designated employee of the dealer. At such
703 meeting, the licensee must provide a detailed explanation, with
704 supporting documentation, as to the basis for its claim that the
705 dealer knew or reasonably should have known of the customer’s
706 intent to export or resell the motor vehicle. Thereafter, the
707 motor vehicle dealer shall have a reasonable period,
708 commensurate with the number of motor vehicles at issue, but not
709 less than 15 days, to respond to the licensee’s claims. If,
710 following the dealer’s response and completion of all internal
711 dispute resolution processes provided through the applicant or
712 licensee, the dispute remains unresolved, the dealer may file a
713 protest with the department within 30 days after receipt of a
714 written notice from the licensee that it still intends to take
715 adverse action against the dealer with respect to the motor
716 vehicles still at issue. If a protest is timely filed, the
717 department shall notify the applicant or licensee of the filing
718 of the protest, and the applicant or licensee may not take any
719 action adverse to the dealer until the department renders a
720 final determination, which is not subject to further appeal,
721 that the licensee’s proposed action is in compliance with the
722 provisions of this subsection. In any hearing pursuant to this
723 subsection, the applicant or licensee has the burden of proof on
724 all issues raised by this subsection. An applicant or licensee
725 may not take any adverse action against a motor vehicle dealer
726 because the dealer sold or leased a motor vehicle to a customer
727 who exported the vehicle to a foreign country or who resold the
728 vehicle unless the applicant or licensee provides written
729 notification to the motor vehicle dealer of such resale or
730 export within 12 months after the date the dealer sold or leased
731 the vehicle to the customer.
732 (39) Notwithstanding any agreement, program, incentive,
733 bonus, policy, or rule, an applicant or licensee may not fail to
734 make any payment pursuant to any agreement, program, incentive,
735 bonus, policy, or rule for any temporary replacement motor
736 vehicle loaned, rented, or provided by a motor vehicle dealer to
737 or for its service or repair customers, even if the temporary
738 replacement motor vehicle has been leased, rented, titled, or
739 registered to the motor vehicle dealer’s rental or leasing
740 division or an entity that is owned or controlled by the motor
741 vehicle dealer, provided that the motor vehicle dealer or its
742 rental or leasing division or entity complies with the written
743 and uniformly enforced vehicle eligibility, use, and reporting
744 requirements specified by the applicant or licensee in its
745 agreement, program, policy, bonus, incentive, or rule relating
746 to loaner vehicles.
747 (40) Notwithstanding the terms of any franchise agreement,
748 the applicant or licensee may not require or coerce, or attempt
749 to require or coerce, a motor vehicle dealer to purchase goods
750 or services from a vendor selected, identified, or designated by
751 the applicant or licensee, or one of its parents, subsidiaries,
752 divisions, or affiliates, by agreement, standard, policy,
753 program, incentive provision, or otherwise, without making
754 available to the motor vehicle dealer the option to obtain the
755 goods or services of substantially similar design and quality
756 from a vendor chosen by the motor vehicle dealer. If the motor
757 vehicle dealer exercises such option, the dealer must provide
758 written notice of its desire to use the alternative goods or
759 services to the applicant or licensee, along with samples or
760 clear descriptions of the alternative goods or services that the
761 dealer desires to use. The licensee or applicant shall have the
762 opportunity to evaluate the alternative goods or services for up
763 to 30 days to determine whether it will provide a written
764 approval to the motor vehicle dealer to use the alternative
765 goods or services. Approval may not be unreasonably withheld by
766 the applicant or licensee. If the motor vehicle dealer does not
767 receive a response from the applicant or licensee within 30
768 days, approval to use the alternative goods or services is
769 deemed granted. If a dealer using alternative goods or services
770 complies with this subsection and has received approval from the
771 licensee or applicant, the dealer is not ineligible for all
772 benefits described in the agreement, standard, policy, program,
773 incentive provision, or otherwise solely for having used such
774 alternative goods or services. As used in this subsection, the
775 term “goods or services” is limited to such goods and services
776 used to construct or renovate dealership facilities or furniture
777 and fixtures at the dealership facilities. The term does not
778 include:
779 (a) Any materials subject to applicant’s or licensee’s
780 copyright, trademark, or trade dress rights;
781 (b) Any special tool and training as required by the
782 licensee or applicant;
783 (c) Any part to be used in repairs under warranty
784 obligations of an applicant or licensee;
785 (d) Any good or service paid for entirely by the applicant
786 or licensee; or
787 (e) Any applicant’s or licensee’s design or architectural
788 review service.
789
790 A motor vehicle dealer who can demonstrate that a violation of,
791 or failure to comply with, any of the preceding provisions by an
792 applicant or licensee will or can adversely and pecuniarily
793 affect the complaining dealer, shall be entitled to pursue all
794 of the remedies, procedures, and rights of recovery available
795 under ss. 320.695 and 320.697.
796 Section 13. Paragraph (c) is added to subsection (8) of
797 section 322.051, Florida Statutes, and subsection (9) of that
798 section is amended, to read:
799 322.051 Identification cards.—
800 (8)
801 (c) The international symbol for the deaf and hard of
802 hearing shall be exhibited on the identification card of a
803 person who is deaf or hard of hearing upon the payment of an
804 additional $1 fee for the identification card and the
805 presentation of sufficient proof that the person is deaf or hard
806 of hearing as determined by the department. Until a person’s
807 identification card is next renewed, the person may have the
808 symbol added to his or her identification card upon surrender of
809 his or her current identification card, payment of a $2 fee to
810 be deposited into the Highway Safety Operating Trust Fund, and
811 presentation of sufficient proof that the person is deaf or hard
812 of hearing as determined by the department. If the applicant is
813 not conducting any other transaction affecting the
814 identification card, a replacement identification card may be
815 issued with the symbol without payment of the fee required in s.
816 322.21(1)(f)3. For purposes of this paragraph, the international
817 symbol for the deaf and hard of hearing is substantially as
818 follows:
819 Insert deaf and hard of hearing symbol
820 (9) Notwithstanding any other provision of this section or
821 s. 322.21 to the contrary, the department shall issue or renew a
822 card at no charge to a person who presents evidence satisfactory
823 to the department that he or she is homeless as defined in s.
824 414.0252(7), to a juvenile offender who is in the custody or
825 under the supervision of the Department of Juvenile Justice and
826 receiving services pursuant to s. 985.461, to an inmate
827 receiving a card issued pursuant to s. 944.605(7), or, if
828 necessary, to an inmate receiving a replacement card if the
829 department determines that he or she has a valid state
830 identification card. If the replacement state identification
831 card is scheduled to expire within 6 months, the department may
832 also issue a temporary permit valid for at least 6 months after
833 the release date. The department’s mobile issuing units shall
834 process the identification cards for juvenile offenders and
835 inmates at no charge, as provided by s. 944.605 (7)(a) and (b).
836 Section 14. Present paragraph (c) of subsection (1) of
837 section 322.14, Florida Statutes, is redesignated as paragraph
838 (d), and a new paragraph (c) is added to that subsection, to
839 read:
840 322.14 Licenses issued to drivers.—
841 (1)
842 (c) The international symbol for the deaf and hard of
843 hearing provided in s. 322.051(8)(c) shall be exhibited on the
844 driver license of a person who is deaf or hard of hearing upon
845 the payment of an additional $1 fee for the license and the
846 presentation of sufficient proof that the person is deaf or hard
847 of hearing as determined by the department. Until a person’s
848 license is next renewed, the person may have the symbol added to
849 his or her license upon the surrender of his or her current
850 license, payment of a $2 fee to be deposited into the Highway
851 Safety Operating Trust Fund, and presentation of sufficient
852 proof that the person is deaf or hard of hearing as determined
853 by the department. If the applicant is not conducting any other
854 transaction affecting the driver license, a replacement license
855 may be issued with the symbol without payment of the fee
856 required in s. 322.21(1)(e).
857 Section 15. The amendments made by this act to subsection
858 (8) of s. 322.051, Florida Statutes, and s. 322.14, Florida
859 Statutes, shall apply upon implementation of new designs for the
860 identification card and driver license by the Department of
861 Highway Safety and Motor Vehicles.
862 Section 16. Subsections (1) and (2) of section 322.19,
863 Florida Statutes, are amended to read:
864 322.19 Change of address or name.—
865 (1) Except as provided in ss. 775.21, 775.261, 943.0435,
866 944.607, and 985.4815, whenever any person, after applying for
867 or receiving a driver license or identification card, changes
868 his or her legal name, that person must within 30 10 days
869 thereafter obtain a replacement license or card that reflects
870 the change.
871 (2) If a Whenever any person, after applying for or
872 receiving a driver license or identification card, changes the
873 legal residence or mailing address in the application, or
874 license, or card, the person must, within 30 10 calendar days
875 after making the change, obtain a replacement license or card
876 that reflects the change. A written request to the department
877 must include the old and new addresses and the driver license or
878 identification card number. Any person who has a valid, current
879 student identification card issued by an educational institution
880 in this state is presumed not to have changed his or her legal
881 residence or mailing address. This subsection does not affect
882 any person required to register a permanent or temporary address
883 change pursuant to s. 775.13, s. 775.21, s. 775.25, or s.
884 943.0435.
885 Section 17. Paragraph (f) of subsection (1) of section
886 322.21, Florida Statutes, is amended to read:
887 322.21 License fees; procedure for handling and collecting
888 fees.—
889 (1) Except as otherwise provided herein, the fee for:
890 (f) An original, renewal, or replacement identification
891 card issued pursuant to s. 322.051 is $25, except that an
892 applicant who presents evidence satisfactory to the department
893 that he or she is homeless as defined in s. 414.0252(7); or his
894 or her annual income is at or below 100 percent of the federal
895 poverty level; or he or she is a juvenile offender who is in the
896 custody or under the supervision of the Department of Juvenile
897 Justice, is receiving services pursuant to s. 985.461, and whose
898 identification card is issued by the department’s mobile issuing
899 units is exempt from such fee. Funds collected from fees for
900 original, renewal, or replacement identification cards shall be
901 distributed as follows:
902 1. For an original identification card issued pursuant to
903 s. 322.051, the fee shall be deposited into the General Revenue
904 Fund.
905 2. For a renewal identification card issued pursuant to s.
906 322.051, $6 shall be deposited into the Highway Safety Operating
907 Trust Fund, and $19 shall be deposited into the General Revenue
908 Fund.
909 3. For a replacement identification card issued pursuant to
910 s. 322.051, $9 shall be deposited into the Highway Safety
911 Operating Trust Fund, and $16 shall be deposited into the
912 General Revenue Fund. Beginning July 1, 2015, or upon completion
913 of the transition of the driver license issuance services, if
914 the replacement identification card is issued by the tax
915 collector, the tax collector shall retain the $9 that would
916 otherwise be deposited into the Highway Safety Operating Trust
917 Fund and the remaining revenues shall be deposited into the
918 General Revenue Fund.
919 Section 18. Subsection (3) of section 322.221, Florida
920 Statutes, is amended to read:
921 322.221 Department may require reexamination.—
922 (3)(a) Upon the conclusion of such examination or
923 reexamination the department shall take action as may be
924 appropriate and may suspend or revoke the license of such person
925 or permit him or her to retain such license, or may issue a
926 license subject to restrictions as permitted under s. 322.16.
927 Refusal or neglect of the licensee to submit to such examination
928 or reexamination shall be ground for suspension or revocation of
929 his or her license.
930 (b) If the department suspends or revokes the license of a
931 person due to his or her physical or mental condition, the
932 department shall issue an identification card to the person at
933 the time of the license suspension or revocation. The department
934 may not charge fees for the issuance of the identification card.
935 Section 19. Subsection (2) of section 322.251, Florida
936 Statutes, is amended to read:
937 322.251 Notice of cancellation, suspension, revocation, or
938 disqualification of license.—
939 (2) The giving of notice and an order of cancellation,
940 suspension, revocation, or disqualification by mail is complete
941 upon expiration of 20 days after deposit in the United States
942 mail for all notices except those issued under chapter 324 or
943 ss. 627.732–627.734, which are complete 15 days after deposit in
944 the United States mail. Proof of the giving of notice and an
945 order of cancellation, suspension, revocation, or
946 disqualification in either manner shall be made by entry in the
947 records of the department that such notice was given. The entry
948 is admissible in the courts of this state and constitutes
949 sufficient proof that such notice was given. If notice is given
950 that a driving privilege will be suspended for nonpayment of a
951 fine, the department must include in the notice a statement
952 informing the violator that, if he or she is unable to pay the
953 citation in full, he or she may avoid a suspension by agreeing
954 to a payment plan, based on his or her ability to pay, which
955 will be provided through the clerk of the court in the county in
956 which the citation was written.
957 Section 20. Subsections (1), (3), and (4) of section
958 322.2715, Florida Statutes, are amended to read:
959 322.2715 Ignition interlock device.—
960 (1) Before issuing a permanent or restricted driver license
961 under this chapter, the department shall require the placement
962 of a department-approved ignition interlock device for any
963 person convicted of committing an offense of driving under the
964 influence as specified in subsection (3), except that
965 consideration may be given to those individuals having a
966 documented medical condition that would prohibit the device from
967 functioning normally. If a medical waiver has been granted for a
968 convicted person seeking a restricted license, the convicted
969 person is shall not be entitled to a restricted license until
970 the required ignition interlock device installation period under
971 subsection (3) expires, in addition to the time requirements
972 under s. 322.271. If a medical waiver has been approved for a
973 convicted person seeking permanent reinstatement of the driver
974 license, the convicted person must be restricted to an
975 employment-purposes-only license and be supervised by a licensed
976 DUI program until the required ignition interlock device
977 installation period under subsection (3) expires. An interlock
978 device shall be placed on all vehicles that are individually or
979 jointly leased or owned and routinely operated by the convicted
980 person. Effective October 1, 2016, if a court in the Fourth
981 Judicial Circuit orders a qualified sobriety and drug monitoring
982 program as defined in s. 316.193(15) and authorized by 23 U.S.C.
983 s. 164 under the pilot program implemented under s. 316.193(16),
984 the department shall use the monitoring program as an
985 alternative to the placement of an ignition interlock device
986 required by this section.
987 (3) If the person is convicted of:
988 (a) A first offense of driving under the influence under s.
989 316.193 and has an unlawful blood-alcohol level or breath
990 alcohol level as specified in s. 316.193(1), the ignition
991 interlock device may be installed for at least 6 continuous
992 months.
993 (b) A first offense of driving under the influence under s.
994 316.193 and has an unlawful blood-alcohol level or breath
995 alcohol level as specified in s. 316.193(4), or if a person is
996 convicted of a violation of s. 316.193 and was at the time of
997 the offense accompanied in the vehicle by a person younger than
998 18 years of age, the person shall have the ignition interlock
999 device installed for at least 6 continuous months for the first
1000 offense and for at least 2 continuous years for a second
1001 offense.
1002 (c) A second offense of driving under the influence, the
1003 ignition interlock device shall be installed for a period of at
1004 least 1 continuous year.
1005 (d) A third offense of driving under the influence which
1006 occurs within 10 years after a prior conviction for a violation
1007 of s. 316.193, the ignition interlock device shall be installed
1008 for a period of at least 2 continuous years.
1009 (e) A third offense of driving under the influence which
1010 occurs more than 10 years after the date of a prior conviction,
1011 the ignition interlock device shall be installed for a period of
1012 at least 2 continuous years.
1013 (f) A fourth or subsequent offense of driving under the
1014 influence, the ignition interlock device shall be installed for
1015 a period of at least 5 years.
1016
1017 Effective October 1, 2016, if a court in the Fourth Judicial
1018 Circuit orders a qualified sobriety and drug monitoring program
1019 as defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164
1020 under the pilot program implemented under s. 316.193(16), the
1021 department shall use the monitoring program as an alternative to
1022 the placement of an ignition interlock device required by this
1023 section.
1024 (4) If the court fails to order the mandatory placement of
1025 the ignition interlock device or fails to order for the
1026 applicable period the mandatory placement of an ignition
1027 interlock device under s. 316.193 or s. 316.1937 at the time of
1028 imposing sentence or within 30 days thereafter, the department
1029 shall immediately require that the ignition interlock device be
1030 installed as provided in this section, except that consideration
1031 may be given to those individuals having a documented medical
1032 condition that would prohibit the device from functioning
1033 normally. Effective October 1, 2016, if a court in the Fourth
1034 Judicial Circuit orders a qualified sobriety and drug monitoring
1035 program as defined in s. 316.193(15) and authorized by 23 U.S.C.
1036 s. 164 under the pilot program implemented under s. 316.193(16),
1037 the department shall use the monitoring program as an
1038 alternative to the placement of an ignition interlock device
1039 required by this section. This subsection applies to the
1040 reinstatement of the driving privilege following a revocation,
1041 suspension, or cancellation that is based upon a conviction for
1042 the offense of driving under the influence which occurs on or
1043 after July 1, 2005.
1044 Section 21. Present subsections (2) and (3) of section
1045 765.521, Florida Statutes, are redesignated as subsections (3)
1046 and (4), respectively, and a new subsection (2) is added to that
1047 section, to read:
1048 765.521 Donations as part of driver license or
1049 identification card process.—
1050 (2) The department shall maintain an integrated link on its
1051 website referring a visitor renewing a driver license or
1052 conducting other business to the donor registry operated under
1053 s. 765.5155.
1054 Section 22. The Department of Transportation, in
1055 consultation with the Department of Highway Safety and Motor
1056 Vehicles, shall study the use and safe operation of driver
1057 assistive truck platooning technology, as defined in s. 316.003,
1058 Florida Statutes, for the purpose of developing a pilot project
1059 to test vehicles that are equipped to operate using driver
1060 assistive truck platooning technology.
1061 (1) Upon conclusion of the study, the Department of
1062 Transportation, in consultation with the Department of Highway
1063 Safety and Motor Vehicles, may conduct a pilot project to test
1064 the use and safe operation of vehicles equipped with driver
1065 assistive truck platooning technology.
1066 (2) Notwithstanding ss. 316.0895 and 316.303, Florida
1067 Statutes, the Department of Transportation may conduct the pilot
1068 project in such a manner and at such locations as determined by
1069 the Department of Transportation based on the study.
1070 (3) Before the start of the pilot project, manufacturers of
1071 driver–assistive truck platooning technology being tested in the
1072 pilot project must submit to the Department of Highway Safety
1073 and Motor Vehicles an instrument of insurance, surety bond, or
1074 proof of self-insurance acceptable to the department in the
1075 amount of $5 million.
1076 (4) Upon conclusion of the pilot project, the Department of
1077 Transportation, in consultation with the Department of Highway
1078 Safety and Motor Vehicles, shall submit the results of the study
1079 and any findings or recommendations from the pilot project to
1080 the Governor, the President of the Senate, and the Speaker of
1081 the House of Representatives.
1082 Section 23. Except as otherwise expressly provided in this
1083 act, and except for this section, which shall take effect July
1084 1, 2016, this act shall take effect on October 1, 2016.