Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 545, 1st Eng.
Ì183848SÎ183848
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
05/05/2017 03:32 PM .
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Senator Gainer moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (2) through (97) of section
6 316.003, Florida Statutes, are redesignated as subsections (3)
7 through (98), respectively, a new subsection (2) is added to
8 that section, and present subsections (41) and (55) of that
9 section are amended, to read:
10 316.003 Definitions.—The following words and phrases, when
11 used in this chapter, shall have the meanings respectively
12 ascribed to them in this section, except where the context
13 otherwise requires:
14 (2) AUTOCYCLE.—A three-wheel motorcycle that has two wheels
15 in the front and one wheel in the back, is equipped with a roll
16 cage or roll hoops, safety belts for each occupant, antilock
17 brakes, a steering wheel, and seating that does not require the
18 operator to straddle or sit astride it and is manufactured by a
19 National Highway Traffic Safety Administration registered
20 manufacturer in accordance with the applicable federal
21 motorcycle safety standards under 49 C.F.R. part 571.
22 (42)(41) MOTORCYCLE.—Any motor vehicle that has having a
23 seat or saddle for the use of the rider which is and designed to
24 travel on not more than three wheels in contact with the ground,
25 including an autocycle. The term does not include a tractor, a
26 moped, or a vehicle in which the operator is enclosed by a cabin
27 unless the vehicle meets the requirements set forth by the
28 National Highway Traffic Safety Administration for a motorcycle
29 but excluding a tractor or a moped.
30 (56)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
31 provided in paragraph (78)(b) (77)(b), any privately owned way
32 or place used for vehicular travel by the owner and those having
33 express or implied permission from the owner, but not by other
34 persons.
35 Section 2. Subsection (2) of section 316.193, Florida
36 Statutes, is amended to read:
37 316.193 Driving under the influence; penalties.—
38 (2)
39 (a) Except as provided in paragraph (b), subsection (3), or
40 subsection (4), any person who is convicted of a violation of
41 subsection (1) shall be punished:
42 1. By a fine of:
43 a. Not less than $500 or more than $1,000 for a first
44 conviction.
45 b. Not less than $1,000 or more than $2,000 for a second
46 conviction; and
47 2. By imprisonment for:
48 a. Not more than 6 months for a first conviction.
49 b. Not more than 9 months for a second conviction.
50 3. For a second conviction, by mandatory placement for a
51 period of at least 1 year, at the convicted person’s sole
52 expense, of an ignition interlock device approved by the
53 department in accordance with s. 316.1938 upon all vehicles that
54 are individually or jointly leased or owned and routinely
55 operated by the convicted person, when the convicted person
56 qualifies for a permanent or restricted license. The
57 installation of such device may not occur before July 1, 2003.
58 (b)1. Any person who is convicted of a third violation of
59 this section for an offense that occurs within 10 years after a
60 prior conviction for a violation of this section commits a
61 felony of the third degree, punishable as provided in s.
62 775.082, s. 775.083, or s. 775.084. In addition, the court shall
63 order the mandatory placement for a period of not less than 2
64 years, at the convicted person’s sole expense, of an ignition
65 interlock device approved by the department in accordance with
66 s. 316.1938 upon all vehicles that are individually or jointly
67 leased or owned and routinely operated by the convicted person,
68 when the convicted person qualifies for a permanent or
69 restricted license. The installation of such device may not
70 occur before July 1, 2003.
71 2. Any person who is convicted of a third violation of this
72 section for an offense that occurs more than 10 years after the
73 date of a prior conviction for a violation of this section shall
74 be punished by a fine of not less than $2,000 or more than
75 $5,000 and by imprisonment for not more than 12 months. In
76 addition, the court shall order the mandatory placement for a
77 period of at least 2 years, at the convicted person’s sole
78 expense, of an ignition interlock device approved by the
79 department in accordance with s. 316.1938 upon all vehicles that
80 are individually or jointly leased or owned and routinely
81 operated by the convicted person, when the convicted person
82 qualifies for a permanent or restricted license. The
83 installation of such device may not occur before July 1, 2003.
84 3. Any person who is convicted of a fourth or subsequent
85 violation of this section, regardless of when any prior
86 conviction for a violation of this section occurred, commits a
87 felony of the third degree, punishable as provided in s.
88 775.082, s. 775.083, or s. 775.084. However, the fine imposed
89 for such fourth or subsequent violation may be not less than
90 $2,000.
91 (c) In addition to the penalties in paragraph (a), as a
92 condition of probation, the court may order placement, at the
93 convicted person’s sole expense, of an ignition interlock device
94 approved by the department in accordance with s. 316.1938 for at
95 least 6 continuous months upon all vehicles that are
96 individually or jointly leased or owned and routinely operated
97 by the convicted person if, at the time of the offense, the
98 person had a blood-alcohol level or breath-alcohol level of .08
99 or higher. If the convicted person is convicted of a first
100 offense misdemeanor of the second degree and has not caused
101 injury to, or the death of, a person or damage to property and
102 such person voluntarily places, or if the court orders placement
103 of, an interlock device under this subsection, the court, upon
104 proper showing that the person has received counseling,
105 treatment, rehabilitation or is enrolled in a substance abuse
106 course pursuant to subsection (5), may withhold adjudication if
107 the person does not have a prior withholding of adjudication or
108 adjudication of guilt for any other offense. Failure of the
109 person to comply with the full terms of the order of placement
110 of the ignition interlock device may result in, among other
111 penalties, the court ordering an adjudication of guilt.
112
113 For purposes of this subsection, the term “conviction” means a
114 determination of guilt which is the result of a plea or a trial,
115 regardless of whether adjudication is withheld or a plea of nolo
116 contendere is entered.
117 Section 3. Subsection (2) of section 316.1937, Florida
118 Statutes, is amended to read:
119 316.1937 Ignition interlock devices, requiring; unlawful
120 acts.—
121 (2) If the court imposes the use of an ignition interlock
122 device, the court shall:
123 (a) Stipulate on the record the requirement for, and the
124 period of, the use of a certified ignition interlock device.
125 (b) Order that the records of the department reflect such
126 requirement.
127 (c) Order that an ignition interlock device be installed,
128 as the court may determine necessary, on any vehicle owned or
129 operated by the person.
130 (d) If the person claims inability to pay, provide the
131 following discounts on the monthly leasing fee:
132 1. If a person’s family income is at or below 100 percent
133 of the federal poverty level as documented by written order of
134 the court, the regular monthly leasing fee charged to all
135 customers by the interlock provider shall be discounted by 50
136 percent.
137 2. If a person’s family income is at or below 149 percent
138 of the federal poverty level as documented by written order of
139 the court, the regular monthly leasing fee charged to all
140 customers by the interlock provider shall be discounted by 25
141 percent.
142
143 Persons who qualify for a reduced leasing fee as provided in
144 this paragraph are not required to pay the costs of installation
145 or removal of the device. Determine the person’s ability to pay
146 for installation of the device if the person claims inability to
147 pay. If the court determines that the person is unable to pay
148 for installation of the device, the court may order that any
149 portion of a fine paid by the person for a violation of s.
150 316.193 shall be allocated to defray the costs of installing the
151 device.
152 (e) Require proof of installation of the device and
153 periodic reporting to the department for verification of the
154 operation of the device in the person’s vehicle.
155 Section 4. Subsections (1) and (3) of section 316.2397,
156 Florida Statutes, are amended to read:
157 316.2397 Certain lights prohibited; exceptions.—
158 (1) A No person may not shall drive or move or cause to be
159 moved any vehicle or equipment upon any highway within this
160 state with a any lamp or device thereon showing or displaying a
161 red, red and white, or blue light visible from directly in front
162 thereof except for certain vehicles hereinafter provided in this
163 section.
164 (3) Vehicles of the fire department and fire patrol,
165 including vehicles of volunteer firefighters as permitted under
166 s. 316.2398, may show or display red, or red and white, lights.
167 Vehicles of medical staff physicians or technicians of medical
168 facilities licensed by the state as authorized under s.
169 316.2398, ambulances as authorized under this chapter, and buses
170 and taxicabs as authorized under s. 316.2399 may show or display
171 red lights. Vehicles of the fire department, fire patrol, police
172 vehicles, and such ambulances and emergency vehicles of
173 municipal and county departments, public service corporations
174 operated by private corporations, the Fish and Wildlife
175 Conservation Commission, the Department of Environmental
176 Protection, the Department of Transportation, the Department of
177 Agriculture and Consumer Services, and the Department of
178 Corrections as are designated or authorized by their respective
179 department or the chief of police of an incorporated city or any
180 sheriff of any county may operate emergency lights and sirens in
181 an emergency. Wreckers, mosquito control fog and spray vehicles,
182 and emergency vehicles of governmental departments or public
183 service corporations may show or display amber lights when in
184 actual operation or when a hazard exists provided they are not
185 used going to and from the scene of operation or hazard without
186 specific authorization of a law enforcement officer or law
187 enforcement agency. Wreckers, flatbed, car carriers, or
188 rollbacks registered as wreckers pursuant to s. 320.08(5)(d) or
189 (e) must use amber rotating or flashing lights while performing
190 recoveries and loading on the roadside day or night, and may use
191 such lights while towing a vehicle on wheel lifts, slings, or
192 under reach, flatbeds, car carriers, or rollbacks if the
193 operator of the wrecker deems such lights necessary. A flatbed,
194 car carrier, or rollback may not use amber rotating or flashing
195 lights when hauling a vehicle on the bed unless it creates a
196 hazard to other motorists because of protruding objects.
197 Further, escort vehicles may show or display amber lights when
198 in the actual process of escorting overdimensioned equipment,
199 material, or buildings as authorized by law. Vehicles owned or
200 leased by private security agencies may show or display green
201 and amber lights, with either color being no greater than 50
202 percent of the lights displayed, while the security personnel
203 are engaged in security duties on private or public property.
204 Section 5. Section 316.2398, Florida Statutes, is amended
205 to read:
206 316.2398 Display or use of red, or red and white, warning
207 signals; motor vehicles of volunteer firefighters or medical
208 staff.—
209 (1) A privately owned vehicle belonging to an active
210 firefighter member of a regularly organized volunteer
211 firefighting company or association, while en route to the fire
212 station for the purpose of proceeding to the scene of a fire or
213 other emergency or while en route to the scene of a fire or
214 other emergency in the line of duty as an active firefighter
215 member of a regularly organized firefighting company or
216 association, may display or use red, or red and white, warning
217 signals. or A privately owned vehicle belonging to a medical
218 staff physician or technician of a medical facility licensed by
219 the state, while responding to an emergency in the line of duty,
220 may display or use red warning signals. Warning signals must be
221 visible from the front and from the rear of such vehicle,
222 subject to the following restrictions and conditions:
223 (a) Red, or red and white, No more than two red warning
224 signals may be displayed as determined by the responding agency
225 in order to maintain public safety and the safety of the
226 responding vehicle occupants.
227 (b) No inscription of any kind may appear across the face
228 of the lens of the red, or red and white, warning signal.
229 (c) In order for an active volunteer firefighter to display
230 such red, or red and white, warning signals on his or her
231 vehicle, the volunteer firefighter must first secure a written
232 permit from the chief executive officers of the firefighting
233 organization to use the red, or red and white, warning signals,
234 and this permit must be carried by the volunteer firefighter at
235 all times while the red, or red and white, warning signals are
236 displayed.
237 (2) A It is unlawful for any person who is not an active
238 firefighter member of a regularly organized volunteer
239 firefighting company or association or a physician or technician
240 of the medical staff of a medical facility licensed by the state
241 may not to display on any motor vehicle owned by him or her, at
242 any time, any red, or red and white, warning signals as
243 described in subsection (1).
244 (3) It is unlawful for An active volunteer firefighter may
245 not to operate any red, or red and white, warning signals as
246 authorized in subsection (1), except while en route to the fire
247 station for the purpose of proceeding to the scene of a fire or
248 other emergency, or while at or en route to the scene of a fire
249 or other emergency, in the line of duty.
250 (4) It is unlawful for A physician or technician of the
251 medical staff of a medical facility may not to operate any red
252 warning signals as authorized in subsection (1), except when
253 responding to an emergency in the line of duty.
254 (5) A violation of this section is a nonmoving violation,
255 punishable as provided in chapter 318. In addition, a any
256 volunteer firefighter who violates this section shall be
257 dismissed from membership in the firefighting organization by
258 the chief executive officers thereof.
259 Section 6. Subsection (1) and paragraphs (a), (c), (d), and
260 (f) of subsection (2) of section 316.302, Florida Statutes, are
261 amended to read:
262 316.302 Commercial motor vehicles; safety regulations;
263 transporters and shippers of hazardous materials; enforcement.—
264 (1) Except as otherwise provided in subsection (3):
265 (a) All owners and drivers of commercial motor vehicles
266 that are operated on the public highways of this state while
267 engaged in interstate commerce are subject to the rules and
268 regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
269 (b) Except as otherwise provided in this section, all
270 owners or drivers of commercial motor vehicles that are engaged
271 in intrastate commerce are subject to the rules and regulations
272 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
273 the exception of 49 C.F.R. s. 390.5 as it relates to the
274 definition of bus, as such rules and regulations existed on
275 December 31, 2016 2012.
276 (c) The emergency exceptions provided by 49 C.F.R. s.
277 392.82 also apply to communications by utility drivers and
278 utility contractor drivers during a Level 1 activation of the
279 State Emergency Operations Center, as provided in the Florida
280 Comprehensive Emergency Management plan, or during a state of
281 emergency declared by executive order or proclamation of the
282 Governor.
283 (d) Except as provided in s. 316.215(5), and except as
284 provided in s. 316.228 for rear overhang lighting and flagging
285 requirements for intrastate operations, the requirements of this
286 section supersede all other safety requirements of this chapter
287 for commercial motor vehicles.
288 (e) The requirement for electronic logging devices and
289 hours of service support documents will not go into effect for
290 motor carriers engaged in intrastate commerce until December 31,
291 2018.
292 (2)(a) A person who operates a commercial motor vehicle
293 solely in intrastate commerce not transporting any hazardous
294 material in amounts that require placarding pursuant to 49
295 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
296 and 395.3 395.3(a) and (b).
297 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
298 operates a commercial motor vehicle solely in intrastate
299 commerce not transporting any hazardous material in amounts that
300 require placarding pursuant to 49 C.F.R. part 172 may not drive
301 after having been on duty more than 70 hours in any period of 7
302 consecutive days or more than 80 hours in any period of 8
303 consecutive days if the motor carrier operates every day of the
304 week. Thirty-four consecutive hours off duty shall constitute
305 the end of any such period of 7 or 8 consecutive days. This
306 weekly limit does not apply to a person who operates a
307 commercial motor vehicle solely within this state while
308 transporting, during harvest periods, any unprocessed
309 agricultural products or unprocessed food or fiber that is
310 subject to seasonal harvesting from place of harvest to the
311 first place of processing or storage or from place of harvest
312 directly to market or while transporting livestock, livestock
313 feed, or farm supplies directly related to growing or harvesting
314 agricultural products. Upon request of the Department of Highway
315 Safety and Motor Vehicles, motor carriers shall furnish time
316 records or other written verification to that department so that
317 the Department of Highway Safety and Motor Vehicles can
318 determine compliance with this subsection. These time records
319 must be furnished to the Department of Highway Safety and Motor
320 Vehicles within 2 days after receipt of that department’s
321 request. Falsification of such information is subject to a civil
322 penalty not to exceed $100. The provisions of This paragraph
323 does do not apply to operators of farm labor vehicles operated
324 during a state of emergency declared by the Governor or operated
325 pursuant to s. 570.07(21), and does do not apply to drivers of
326 utility service vehicles as defined in 49 C.F.R. s. 395.2.
327 (d) A person who operates a commercial motor vehicle solely
328 in intrastate commerce not transporting any hazardous material
329 in amounts that require placarding pursuant to 49 C.F.R. part
330 172 within a 150 air-mile radius of the location where the
331 vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
332 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (e)(1)(iii)(A) and
333 (C), 395.1(e)(1)(iii) and (e)(1)(v) are met. If a driver is not
334 released from duty within 12 hours after the driver arrives for
335 duty, the motor carrier must maintain documentation of the
336 driver’s driving times throughout the duty period.
337 (f) A person who operates a commercial motor vehicle having
338 a declared gross vehicle weight, gross vehicle weight rating,
339 and gross combined weight rating of less than 26,001 pounds
340 solely in intrastate commerce and who is not transporting
341 hazardous materials in amounts that require placarding pursuant
342 to 49 C.F.R. part 172, or who is transporting petroleum products
343 as defined in s. 376.301, is exempt from subsection (1).
344 However, such person must comply with 49 C.F.R. parts 382, 392,
345 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
346 Section 7. Paragraph (a) of subsection (6) of section
347 316.3025, Florida Statutes, is amended to read:
348 316.3025 Penalties.—
349 (6)(a) A driver who violates 49 C.F.R. s. 392.80, which
350 prohibits texting while operating a commercial motor vehicle, or
351 49 C.F.R. s. 392.82, which prohibits using a handheld mobile
352 telephone while operating a commercial motor vehicle, may be
353 assessed a civil penalty and commercial driver license
354 disqualification as follows:
355 1. First violation: $500.
356 2. Second violation: $1,000 and a 60-day commercial driver
357 license disqualification pursuant to 49 C.F.R. part 383.
358 3. Third and subsequent violations: $2,750 and a 120-day
359 commercial driver license disqualification pursuant to 49 C.F.R.
360 part 383.
361 Section 8. Paragraph (a) of subsection (3) and subsections
362 (4) and (5) of section 316.614, Florida Statutes, are amended to
363 read:
364 316.614 Safety belt usage.—
365 (3) As used in this section:
366 (a) “Motor vehicle” means a motor vehicle as defined in s.
367 316.003 which is operated on the roadways, streets, and highways
368 of this state. The term does not include:
369 1. A school bus.
370 2. A bus used for the transportation of persons for
371 compensation.
372 3. A farm tractor or implement of husbandry.
373 4. A truck having a gross vehicle weight rating of more
374 than 26,000 pounds.
375 5. A motorcycle, excluding an autocycle for purposes of
376 subsections (4) and (5), moped, or bicycle.
377 (4) It is unlawful for any person:
378 (a) To operate a motor vehicle or an autocycle in this
379 state unless each passenger and the operator of the vehicle
380 under the age of 18 years are restrained by a safety belt or by
381 a child restraint device pursuant to s. 316.613, if applicable;
382 or
383 (b) To operate a motor vehicle or an autocycle in this
384 state unless the person is restrained by a safety belt.
385 (5) It is unlawful for any person 18 years of age or older
386 to be a passenger in the front seat of a motor vehicle or an
387 autocycle unless such person is restrained by a safety belt when
388 the vehicle is in motion.
389 Section 9. Subsection (1) of section 316.85, Florida
390 Statutes, is amended to read:
391 316.85 Autonomous vehicles; operation.—
392 (1) A person who possesses a valid driver license may
393 operate an autonomous vehicle, or may engage autonomous
394 technology to operate an autonomous vehicle, in autonomous mode
395 on roads in this state if the vehicle is equipped with
396 autonomous technology, as defined in s. 316.003. A person who
397 does not possess a valid driver license may engage autonomous
398 technology to operate an autonomous vehicle in autonomous mode
399 only if the vehicle is equipped with autonomous technology, as
400 defined in s. 316.003, and if the vehicle has no capability or
401 means by which the person inside the vehicle is able to take
402 control of the vehicle’s operation or to disengage the
403 autonomous technology, regardless of where the person is seated
404 within the vehicle.
405 Section 10. Effective upon the same date that SB 340 or
406 similar legislation takes effect, if such legislation is adopted
407 in the 2017 Regular Session or any extension thereof and becomes
408 a law, section 316.851, Florida Statutes, is created to read:
409 316.851 Autonomous vehicles; providing prearranged rides.—
410 (1) An autonomous vehicle used by a transportation network
411 company to provide a prearranged ride must be covered by
412 automobile insurance as required by s. 627.748, regardless of
413 whether a human operator is physically present within the
414 vehicle when the ride occurs. When an autonomous vehicle is
415 logged on to a digital network but is not engaged in a
416 prearranged ride, the autonomous vehicle must maintain insurance
417 coverage as defined in s. 627.748(7)(b).
418 (2) An autonomous vehicle used to provide a transportation
419 service shall carry in the vehicle proof of coverage satisfying
420 the requirements of this section at all times while operating in
421 autonomous mode.
422 Section 11. Paragraph (d) of subsection (3) of section
423 318.18, Florida Statutes, is amended to read:
424 318.18 Amount of penalties.—The penalties required for a
425 noncriminal disposition pursuant to s. 318.14 or a criminal
426 offense listed in s. 318.17 are as follows:
427 (3)
428 (d) Notwithstanding paragraph (b), a person cited for
429 exceeding the speed limit in a posted work construction zone,
430 which posting must include notification of the speed limit and
431 the doubling of fines, shall pay a fine double the amount listed
432 in paragraph (b). The fine shall be doubled for work
433 construction zone violations only if work construction personnel
434 are present or operating equipment on the road or immediately
435 adjacent to the road under construction.
436 Section 12. Subsections (24) and (26) of section 320.01,
437 Florida Statutes, are amended to read:
438 320.01 Definitions, general.—As used in the Florida
439 Statutes, except as otherwise provided, the term:
440 (24) “Apportionable vehicle” means any vehicle, except
441 recreational vehicles, vehicles displaying restricted plates,
442 city pickup and delivery vehicles, buses used in transportation
443 of chartered parties, and government-owned vehicles, which is
444 used or intended for use in two or more member jurisdictions
445 that allocate or proportionally register vehicles and which is
446 used for the transportation of persons for hire or is designed,
447 used, or maintained primarily for the transportation of property
448 and:
449 (a) Is a power unit having a gross vehicle weight in excess
450 of 26,000 pounds;
451 (b) Is a power unit having three or more axles, regardless
452 of weight; or
453 (c) Is used in combination, when the weight of such
454 combination exceeds 26,000 pounds gross vehicle weight.
455
456 Vehicles, or combinations thereof, having a gross vehicle weight
457 of 26,000 pounds or less and two-axle vehicles may be
458 proportionally registered.
459 (26) “Motorcycle” means any motor vehicle having a seat or
460 saddle for the use of the rider and designed to travel on not
461 more than three wheels in contact with the ground, including an
462 autocycle. The term does not include a tractor, a moped, or
463 excluding a vehicle in which the operator is enclosed by a cabin
464 unless the vehicle it meets the requirements set forth by the
465 National Highway Traffic Safety Administration for a motorcycle.
466 The term “motorcycle” does not include a tractor or a moped.
467 Section 13. Paragraph (a) of subsection (15) of section
468 320.02, Florida Statutes, is amended to read:
469 320.02 Registration required; application for registration;
470 forms.—
471 (15)(a) The application form for motor vehicle registration
472 must shall include language permitting the voluntary
473 contribution of $1 per applicant, to be quarterly distributed by
474 the department to Preserve Vision Prevent Blindness Florida, a
475 not-for-profit organization, to prevent blindness and preserve
476 the sight of the residents of this state. A statement providing
477 an explanation of the purpose of the funds shall be included
478 with the application form. Prior to the department distributing
479 the funds collected pursuant to this paragraph, Preserve Vision
480 Prevent Blindness Florida must submit a report to the department
481 that identifies how such funds were used during the preceding
482 year.
483
484 For the purpose of applying the service charge provided in s.
485 215.20, contributions received under this subsection are not
486 income of a revenue nature.
487 Section 14. Subsection (1) of section 320.03, Florida
488 Statutes, is amended to read:
489 320.03 Registration; duties of tax collectors;
490 International Registration Plan.—
491 (1)(a) The tax collectors in the several counties of the
492 state, as authorized agents of the department, shall issue
493 registration certificates, registration license plates,
494 validation stickers, and mobile home stickers to applicants, and
495 shall provide to applicants for each the option to register
496 emergency contact information and the option to be contacted
497 with information about state and federal benefits available as a
498 result of military service, subject to the requirements of law,
499 in accordance with rules of the department. Each tax collector
500 shall provide the same motor vehicle registration services in
501 office to residents of other counties that it provides for
502 residents of its home county.
503 (b) Any person, firm, or corporation representing itself,
504 through advertising or naming of the business, to be an
505 authorized agent of the department shall be deemed guilty of an
506 unfair and deceptive trade practice as defined in part II of
507 chapter 501. No such person, firm, or corporation shall use
508 either the state or county name as a part of their business name
509 when such use can reasonably be interpreted as an official state
510 or county office.
511 Section 15. Effective July 1, 2018, subsection (10) of
512 section 320.03, Florida Statutes, is amended to read:
513 320.03 Registration; duties of tax collectors;
514 International Registration Plan.—
515 (10)(a) Jurisdiction over the electronic filing system for
516 use by authorized electronic filing system agents to
517 electronically title or register motor vehicles, vessels, mobile
518 homes, or off-highway vehicles; process title transactions,
519 derelict motor vehicle certificates, and certificates of
520 destruction for derelict and salvage motor vehicles pursuant to
521 s. 319.30(2), (3), (7), and (8); issue or transfer registration
522 license plates or decals; electronically transfer fees due for
523 the title and registration process; and perform inquiries for
524 title, registration, and lienholder verification and
525 certification of service providers is expressly preempted to the
526 state, and the department shall have regulatory authority over
527 the system. The electronic filing system shall be available for
528 use statewide and applied uniformly throughout the state. An
529 entity that, in the normal course of its business, sells
530 products that must be titled or registered;, provides title and
531 registration services on behalf of its consumers; or processes
532 title transactions, derelict motor vehicle certificates, or
533 certificates of destruction for derelict or salvage motor
534 vehicles pursuant to s. 319.30(2), (3), (7), and (8); and meets
535 all established requirements may be an authorized electronic
536 filing system agent and shall not be precluded from
537 participating in the electronic filing system in any county.
538 Upon request from a qualified entity, the tax collector shall
539 appoint the entity as an authorized electronic filing system
540 agent for that county. The department shall adopt rules in
541 accordance with chapter 120 to replace the December 10, 2009,
542 program standards and to administer the provisions of this
543 section, including, but not limited to, establishing
544 participation requirements, certification of service providers,
545 electronic filing system requirements, and enforcement authority
546 for noncompliance. The December 10, 2009, program standards,
547 excluding any standards which conflict with this subsection,
548 shall remain in effect until the rules are adopted. An
549 authorized electronic filing system agent may charge a fee to
550 the customer for use of the electronic filing system.
551 (b) The department shall adopt rules to administer this
552 subsection, including, but not limited to, rules establishing
553 participation requirements, certification of service providers,
554 electronic filing system requirements, disclosures, and
555 enforcement authority for noncompliance.
556 Section 16. Paragraph (b) of subsection (1) and paragraph
557 (a) of subsection (3) of section 320.06, Florida Statutes, are
558 amended to read:
559 320.06 Registration certificates, license plates, and
560 validation stickers generally.—
561 (1)
562 (b)1. Registration license plates bearing a graphic symbol
563 and the alphanumeric system of identification shall be issued
564 for a 10-year period. At the end of the 10-year period, upon
565 renewal, the plate shall be replaced. The department shall
566 extend the scheduled license plate replacement date from a 6
567 year period to a 10-year period. The fee for such replacement is
568 $28, $2.80 of which shall be paid each year before the plate is
569 replaced, to be credited toward the next $28 replacement fee.
570 The fees shall be deposited into the Highway Safety Operating
571 Trust Fund. A credit or refund may not be given for any prior
572 years’ payments of the prorated replacement fee if the plate is
573 replaced or surrendered before the end of the 10-year period,
574 except that a credit may be given if a registrant is required by
575 the department to replace a license plate under s.
576 320.08056(8)(a). With each license plate, a validation sticker
577 shall be issued showing the owner’s birth month, license plate
578 number, and the year of expiration or the appropriate renewal
579 period if the owner is not a natural person. The validation
580 sticker shall be placed on the upper right corner of the license
581 plate. The license plate and validation sticker shall be issued
582 based on the applicant’s appropriate renewal period. The
583 registration period is 12 months, the extended registration
584 period is 24 months, and all expirations occur based on the
585 applicant’s appropriate registration period.
586 2. A vehicle that has an apportioned registration shall be
587 issued an annual license plate and a cab card denoting that
588 denote the declared gross vehicle weight for each apportioned
589 jurisdiction in which the vehicle is authorized to operate. This
590 subparagraph expires October 1, 2018.
591 3. Beginning October 1, 2018, a vehicle registered in
592 accordance with the International Registration Plan which has an
593 apportioned registration shall be issued a license plate for a
594 5-year period, an annual cab card denoting the declared gross
595 vehicle weight, and an annual validation sticker showing the
596 month and year of expiration. The validation sticker shall be
597 placed in the center of the license plate. The license plate and
598 validation sticker shall be issued based on the applicant’s
599 appropriate renewal period. The registration period is 12
600 months. The fee for an original and a renewed validation sticker
601 is $28. This fee shall be deposited into the Highway Safety
602 Operating Trust Fund. If the license plate is damaged or worn,
603 it may be replaced at no charge by applying to the department
604 and surrendering the current license plate.
605 4.2. In order to retain the efficient administration of the
606 taxes and fees imposed by this chapter, the 80-cent fee increase
607 in the replacement fee imposed by chapter 2009-71, Laws of
608 Florida, is negated as provided in s. 320.0804.
609 (3)(a) Registration license plates must be made of metal
610 specially treated with a retroreflection material, as specified
611 by the department. The registration license plate is designed to
612 increase nighttime visibility and legibility and must be at
613 least 6 inches wide and not less than 12 inches in length,
614 unless a plate with reduced dimensions is deemed necessary by
615 the department to accommodate motorcycles, mopeds, or similar
616 smaller vehicles. Validation stickers must also be treated with
617 a retroreflection material, must be of such size as specified by
618 the department, and must adhere to the license plate. The
619 registration license plate must be imprinted with a combination
620 of bold letters and numerals or numerals, not to exceed seven
621 digits, to identify the registration license plate number. The
622 license plate must be imprinted with the word “Florida” at the
623 top and the name of the county in which it is sold, the state
624 motto, or the words “Sunshine State” at the bottom. Apportioned
625 license plates must have the word “Apportioned” at the bottom
626 and license plates issued for vehicles taxed under s.
627 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
628 the word “Restricted” at the bottom. License plates issued for
629 vehicles taxed under s. 320.08(12) must be imprinted with the
630 word “Florida” at the top and the word “Dealer” at the bottom
631 unless the license plate is a specialty license plate as
632 authorized in s. 320.08056. Manufacturer license plates issued
633 for vehicles taxed under s. 320.08(12) must be imprinted with
634 the word “Florida” at the top and the word “Manufacturer” at the
635 bottom. License plates issued for vehicles taxed under s.
636 320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at
637 the bottom. Any county may, upon majority vote of the county
638 commission, elect to have the county name removed from the
639 license plates sold in that county. The state motto or the words
640 “Sunshine State” shall be printed in lieu thereof. A license
641 plate issued for a vehicle taxed under s. 320.08(6) may not be
642 assigned a registration license number, or be issued with any
643 other distinctive character or designation, that distinguishes
644 the motor vehicle as a for-hire motor vehicle.
645 Section 17. Section 320.0605, Florida Statutes, is amended
646 to read:
647 320.0605 Certificate of registration; possession required;
648 exception.—
649 (1)(a) The registration certificate or an official copy
650 thereof, a true copy or electronic copy of rental or lease
651 documentation issued for a motor vehicle or issued for a
652 replacement vehicle in the same registration period, a temporary
653 receipt printed upon self-initiated electronic renewal of a
654 registration via the Internet, or a cab card issued for a
655 vehicle registered under the International Registration Plan
656 shall, at all times while the vehicle is being used or operated
657 on the roads of this state, be in the possession of the operator
658 thereof or be carried in the vehicle for which issued and shall
659 be exhibited upon demand of any authorized law enforcement
660 officer or any agent of the department, except for a vehicle
661 registered under s. 320.0657. The provisions of This section
662 does do not apply during the first 30 days after purchase of a
663 replacement vehicle. A violation of this section is a
664 noncriminal traffic infraction, punishable as a nonmoving
665 violation as provided in chapter 318.
666 (b)1. The act of presenting to a law enforcement officer or
667 agent of the department an electronic device displaying an
668 electronic copy of rental or lease documentation does not
669 constitute consent for the officer or agent to access any
670 information on the device other than the displayed rental or
671 lease documentation.
672 2. The person who presents the device to the officer or
673 agent assumes the liability for any resulting damage to the
674 device.
675 (2) Rental or lease documentation that is sufficient to
676 satisfy the requirement in subsection (1) includes the
677 following:
678 (a) Date of rental and time of exit from rental facility;
679 (b) Rental station identification;
680 (c) Rental agreement number;
681 (d) Rental vehicle identification number;
682 (e) Rental vehicle license plate number and state of
683 registration;
684 (f) Vehicle’s make, model, and color;
685 (g) Vehicle’s mileage; and
686 (h) Authorized renter’s name.
687 Section 18. Subsection (5) of section 320.0607, Florida
688 Statutes, is amended to read:
689 320.0607 Replacement license plates, validation decal, or
690 mobile home sticker.—
691 (5) Upon the issuance of an original license plate, the
692 applicant shall pay a fee of $28 to be deposited in the Highway
693 Safety Operating Trust Fund. Beginning October 1, 2018, this
694 subsection does not apply to a vehicle registered under the
695 International Registration Plan.
696 Section 19. Paragraph (b) of subsection (2) of section
697 320.0657, Florida Statutes, is amended to read:
698 320.0657 Permanent registration; fleet license plates.—
699 (2)
700 (b) The plates, which shall be of a distinctive color,
701 shall have the word “Fleet” appearing at the bottom and the word
702 “Florida” appearing at the top unless the license plate is a
703 specialty license plate as authorized in s. 320.08056. The
704 plates shall conform in all respects to the provisions of this
705 chapter, except as specified herein. For additional fees as set
706 forth in s. 320.08056, fleet companies may purchase specialty
707 license plates in lieu of the standard fleet license plates.
708 Fleet companies shall be responsible for all costs associated
709 with the specialty license plate, including all annual use fees,
710 processing fees, fees associated with switching license plate
711 types, and any other applicable fees.
712 Section 20. Section 320.08, Florida Statutes, is amended to
713 read:
714 320.08 License taxes.—Except as otherwise provided herein,
715 there are hereby levied and imposed annual license taxes for the
716 operation of motor vehicles, mopeds, motorized bicycles as
717 defined in s. 316.003(4) s. 316.003(2), tri-vehicles as defined
718 in s. 316.003, and mobile homes as defined in s. 320.01, which
719 shall be paid to and collected by the department or its agent
720 upon the registration or renewal of registration of the
721 following:
722 (1) MOTORCYCLES AND MOPEDS.—
723 (a) Any motorcycle: $10 flat.
724 (b) Any moped: $5 flat.
725 (c) Upon registration of a motorcycle, motor-driven cycle,
726 or moped, in addition to the license taxes specified in this
727 subsection, a nonrefundable motorcycle safety education fee in
728 the amount of $2.50 shall be paid. The proceeds of such
729 additional fee shall be deposited in the Highway Safety
730 Operating Trust Fund to fund a motorcycle driver improvement
731 program implemented pursuant to s. 322.025, the Florida
732 Motorcycle Safety Education Program established in s. 322.0255,
733 or the general operations of the department.
734 (d) An ancient or antique motorcycle: $7.50 flat, of which
735 $2.50 shall be deposited into the General Revenue Fund.
736 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
737 (a) An ancient or antique automobile, as defined in s.
738 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
739 (b) Net weight of less than 2,500 pounds: $14.50 flat.
740 (c) Net weight of 2,500 pounds or more, but less than 3,500
741 pounds: $22.50 flat.
742 (d) Net weight of 3,500 pounds or more: $32.50 flat.
743 (3) TRUCKS.—
744 (a) Net weight of less than 2,000 pounds: $14.50 flat.
745 (b) Net weight of 2,000 pounds or more, but not more than
746 3,000 pounds: $22.50 flat.
747 (c) Net weight more than 3,000 pounds, but not more than
748 5,000 pounds: $32.50 flat.
749 (d) A truck defined as a “goat,” or other vehicle if used
750 in the field by a farmer or in the woods for the purpose of
751 harvesting a crop, including naval stores, during such
752 harvesting operations, and which is not principally operated
753 upon the roads of the state: $7.50 flat. The term “goat” means a
754 motor vehicle designed, constructed, and used principally for
755 the transportation of citrus fruit within citrus groves or for
756 the transportation of crops on farms, and which can also be used
757 for hauling associated equipment or supplies, including required
758 sanitary equipment, and the towing of farm trailers.
759 (e) An ancient or antique truck, as defined in s. 320.086:
760 $7.50 flat.
761 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
762 VEHICLE WEIGHT.—
763 (a) Gross vehicle weight of 5,001 pounds or more, but less
764 than 6,000 pounds: $60.75 flat, of which $15.75 shall be
765 deposited into the General Revenue Fund.
766 (b) Gross vehicle weight of 6,000 pounds or more, but less
767 than 8,000 pounds: $87.75 flat, of which $22.75 shall be
768 deposited into the General Revenue Fund.
769 (c) Gross vehicle weight of 8,000 pounds or more, but less
770 than 10,000 pounds: $103 flat, of which $27 shall be deposited
771 into the General Revenue Fund.
772 (d) Gross vehicle weight of 10,000 pounds or more, but less
773 than 15,000 pounds: $118 flat, of which $31 shall be deposited
774 into the General Revenue Fund.
775 (e) Gross vehicle weight of 15,000 pounds or more, but less
776 than 20,000 pounds: $177 flat, of which $46 shall be deposited
777 into the General Revenue Fund.
778 (f) Gross vehicle weight of 20,000 pounds or more, but less
779 than 26,001 pounds: $251 flat, of which $65 shall be deposited
780 into the General Revenue Fund.
781 (g) Gross vehicle weight of 26,001 pounds or more, but less
782 than 35,000: $324 flat, of which $84 shall be deposited into the
783 General Revenue Fund.
784 (h) Gross vehicle weight of 35,000 pounds or more, but less
785 than 44,000 pounds: $405 flat, of which $105 shall be deposited
786 into the General Revenue Fund.
787 (i) Gross vehicle weight of 44,000 pounds or more, but less
788 than 55,000 pounds: $773 flat, of which $201 shall be deposited
789 into the General Revenue Fund.
790 (j) Gross vehicle weight of 55,000 pounds or more, but less
791 than 62,000 pounds: $916 flat, of which $238 shall be deposited
792 into the General Revenue Fund.
793 (k) Gross vehicle weight of 62,000 pounds or more, but less
794 than 72,000 pounds: $1,080 flat, of which $280 shall be
795 deposited into the General Revenue Fund.
796 (l) Gross vehicle weight of 72,000 pounds or more: $1,322
797 flat, of which $343 shall be deposited into the General Revenue
798 Fund.
799 (m) Notwithstanding the declared gross vehicle weight, a
800 truck tractor used within this state a 150-mile radius of its
801 home address is eligible for a license plate for a fee of $324
802 flat if:
803 1. The truck tractor is used exclusively for hauling
804 forestry products; or
805 2. The truck tractor is used primarily for the hauling of
806 forestry products, and is also used for the hauling of
807 associated forestry harvesting equipment used by the owner of
808 the truck tractor.
809
810 Of the fee imposed by this paragraph, $84 shall be deposited
811 into the General Revenue Fund.
812 (n) A truck tractor or heavy truck, not operated as a for
813 hire vehicle, which is engaged exclusively in transporting raw,
814 unprocessed, and nonmanufactured agricultural or horticultural
815 products within this state a 150-mile radius of its home
816 address, is eligible for a restricted license plate for a fee
817 of:
818 1. If such vehicle’s declared gross vehicle weight is less
819 than 44,000 pounds, $87.75 flat, of which $22.75 shall be
820 deposited into the General Revenue Fund.
821 2. If such vehicle’s declared gross vehicle weight is
822 44,000 pounds or more and such vehicle only transports from the
823 point of production to the point of primary manufacture; to the
824 point of assembling the same; or to a shipping point of a rail,
825 water, or motor transportation company, $324 flat, of which $84
826 shall be deposited into the General Revenue Fund.
827
828 Such not-for-hire truck tractors and heavy trucks used
829 exclusively in transporting raw, unprocessed, and
830 nonmanufactured agricultural or horticultural products may be
831 incidentally used to haul farm implements and fertilizers
832 delivered direct to the growers. The department may require any
833 documentation deemed necessary to determine eligibility prior to
834 issuance of this license plate. For the purpose of this
835 paragraph, “not-for-hire” means the owner of the motor vehicle
836 must also be the owner of the raw, unprocessed, and
837 nonmanufactured agricultural or horticultural product, or the
838 user of the farm implements and fertilizer being delivered.
839 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
840 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
841 (a)1. A semitrailer drawn by a GVW truck tractor by means
842 of a fifth-wheel arrangement: $13.50 flat per registration year
843 or any part thereof, of which $3.50 shall be deposited into the
844 General Revenue Fund.
845 2. A semitrailer drawn by a GVW truck tractor by means of a
846 fifth-wheel arrangement: $68 flat per permanent registration, of
847 which $18 shall be deposited into the General Revenue Fund.
848 (b) A motor vehicle equipped with machinery and designed
849 for the exclusive purpose of well drilling, excavation,
850 construction, spraying, or similar activity, and which is not
851 designed or used to transport loads other than the machinery
852 described above over public roads: $44 flat, of which $11.50
853 shall be deposited into the General Revenue Fund.
854 (c) A school bus used exclusively to transport pupils to
855 and from school or school or church activities or functions
856 within their own county: $41 flat, of which $11 shall be
857 deposited into the General Revenue Fund.
858 (d) A wrecker, as defined in s. 320.01, which is used to
859 tow a vessel as defined in s. 327.02, a disabled, abandoned,
860 stolen-recovered, or impounded motor vehicle as defined in s.
861 320.01, or a replacement motor vehicle as defined in s. 320.01:
862 $41 flat, of which $11 shall be deposited into the General
863 Revenue Fund.
864 (e) A wrecker that is used to tow any nondisabled motor
865 vehicle, a vessel, or any other cargo unless used as defined in
866 paragraph (d), as follows:
867 1. Gross vehicle weight of 10,000 pounds or more, but less
868 than 15,000 pounds: $118 flat, of which $31 shall be deposited
869 into the General Revenue Fund.
870 2. Gross vehicle weight of 15,000 pounds or more, but less
871 than 20,000 pounds: $177 flat, of which $46 shall be deposited
872 into the General Revenue Fund.
873 3. Gross vehicle weight of 20,000 pounds or more, but less
874 than 26,000 pounds: $251 flat, of which $65 shall be deposited
875 into the General Revenue Fund.
876 4. Gross vehicle weight of 26,000 pounds or more, but less
877 than 35,000 pounds: $324 flat, of which $84 shall be deposited
878 into the General Revenue Fund.
879 5. Gross vehicle weight of 35,000 pounds or more, but less
880 than 44,000 pounds: $405 flat, of which $105 shall be deposited
881 into the General Revenue Fund.
882 6. Gross vehicle weight of 44,000 pounds or more, but less
883 than 55,000 pounds: $772 flat, of which $200 shall be deposited
884 into the General Revenue Fund.
885 7. Gross vehicle weight of 55,000 pounds or more, but less
886 than 62,000 pounds: $915 flat, of which $237 shall be deposited
887 into the General Revenue Fund.
888 8. Gross vehicle weight of 62,000 pounds or more, but less
889 than 72,000 pounds: $1,080 flat, of which $280 shall be
890 deposited into the General Revenue Fund.
891 9. Gross vehicle weight of 72,000 pounds or more: $1,322
892 flat, of which $343 shall be deposited into the General Revenue
893 Fund.
894 (f) A hearse or ambulance: $40.50 flat, of which $10.50
895 shall be deposited into the General Revenue Fund.
896 (6) MOTOR VEHICLES FOR HIRE.—
897 (a) Under nine passengers: $17 flat, of which $4.50 shall
898 be deposited into the General Revenue Fund; plus $1.50 per cwt,
899 of which 50 cents shall be deposited into the General Revenue
900 Fund.
901 (b) Nine passengers and over: $17 flat, of which $4.50
902 shall be deposited into the General Revenue Fund; plus $2 per
903 cwt, of which 50 cents shall be deposited into the General
904 Revenue Fund.
905 (7) TRAILERS FOR PRIVATE USE.—
906 (a) Any trailer weighing 500 pounds or less: $6.75 flat per
907 year or any part thereof, of which $1.75 shall be deposited into
908 the General Revenue Fund.
909 (b) Net weight over 500 pounds: $3.50 flat, of which $1
910 shall be deposited into the General Revenue Fund; plus $1 per
911 cwt, of which 25 cents shall be deposited into the General
912 Revenue Fund.
913 (8) TRAILERS FOR HIRE.—
914 (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
915 shall be deposited into the General Revenue Fund; plus $1.50 per
916 cwt, of which 50 cents shall be deposited into the General
917 Revenue Fund.
918 (b) Net weight 2,000 pounds or more: $13.50 flat, of which
919 $3.50 shall be deposited into the General Revenue Fund; plus
920 $1.50 per cwt, of which 50 cents shall be deposited into the
921 General Revenue Fund.
922 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
923 (a) A travel trailer or fifth-wheel trailer, as defined by
924 s. 320.01(1)(b), that does not exceed 35 feet in length: $27
925 flat, of which $7 shall be deposited into the General Revenue
926 Fund.
927 (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
928 $13.50 flat, of which $3.50 shall be deposited into the General
929 Revenue Fund.
930 (c) A motor home, as defined by s. 320.01(1)(b)4.:
931 1. Net weight of less than 4,500 pounds: $27 flat, of which
932 $7 shall be deposited into the General Revenue Fund.
933 2. Net weight of 4,500 pounds or more: $47.25 flat, of
934 which $12.25 shall be deposited into the General Revenue Fund.
935 (d) A truck camper as defined by s. 320.01(1)(b)3.:
936 1. Net weight of less than 4,500 pounds: $27 flat, of which
937 $7 shall be deposited into the General Revenue Fund.
938 2. Net weight of 4,500 pounds or more: $47.25 flat, of
939 which $12.25 shall be deposited into the General Revenue Fund.
940 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
941 1. Net weight of less than 4,500 pounds: $27 flat, of which
942 $7 shall be deposited into the General Revenue Fund.
943 2. Net weight of 4,500 pounds or more: $47.25 flat, of
944 which $12.25 shall be deposited into the General Revenue Fund.
945 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
946 35 FEET TO 40 FEET.—
947 (a) Park trailers.—Any park trailer, as defined in s.
948 320.01(1)(b)7.: $25 flat.
949 (b) A travel trailer or fifth-wheel trailer, as defined in
950 s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
951 (11) MOBILE HOMES.—
952 (a) A mobile home not exceeding 35 feet in length: $20
953 flat.
954 (b) A mobile home over 35 feet in length, but not exceeding
955 40 feet: $25 flat.
956 (c) A mobile home over 40 feet in length, but not exceeding
957 45 feet: $30 flat.
958 (d) A mobile home over 45 feet in length, but not exceeding
959 50 feet: $35 flat.
960 (e) A mobile home over 50 feet in length, but not exceeding
961 55 feet: $40 flat.
962 (f) A mobile home over 55 feet in length, but not exceeding
963 60 feet: $45 flat.
964 (g) A mobile home over 60 feet in length, but not exceeding
965 65 feet: $50 flat.
966 (h) A mobile home over 65 feet in length: $80 flat.
967 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
968 motor vehicle dealer, independent motor vehicle dealer, marine
969 boat trailer dealer, or mobile home dealer and manufacturer
970 license plate: $17 flat, of which $4.50 shall be deposited into
971 the General Revenue Fund. For additional fees as set forth in s.
972 320.08056, dealers may purchase specialty license plates in lieu
973 of the standard graphic dealer license plates. Dealers shall be
974 responsible for all costs associated with the specialty license
975 plate, including all annual use fees, processing fees, fees
976 associated with switching license plate types, and any other
977 applicable fees.
978 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
979 official license plate: $4 flat, of which $1 shall be deposited
980 into the General Revenue Fund.
981 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
982 vehicle for hire operated wholly within a city or within 25
983 miles thereof: $17 flat, of which $4.50 shall be deposited into
984 the General Revenue Fund; plus $2 per cwt, of which 50 cents
985 shall be deposited into the General Revenue Fund.
986 (15) TRANSPORTER.—Any transporter license plate issued to a
987 transporter pursuant to s. 320.133: $101.25 flat, of which
988 $26.25 shall be deposited into the General Revenue Fund.
989 Section 21. Subsection (2) and paragraphs (ee), (eee),
990 (qqq), and (rrr) of subsection (4) of section 320.08056, Florida
991 Statutes, are amended, paragraphs (bbbb) through (gggg) are
992 added to that subsection, and paragraph (a) of subsection (10)
993 of that section is amended, to read:
994 320.08056 Specialty license plates.—
995 (2)(a) The department shall issue a specialty license plate
996 to the owner or lessee of any motor vehicle, except a vehicle
997 registered under the International Registration Plan, a
998 commercial truck required to display two license plates pursuant
999 to s. 320.0706, or a truck tractor, upon request and payment of
1000 the appropriate license tax and fees.
1001 (b) The department may authorize dealer and fleet specialty
1002 license plates. With the permission of the sponsoring specialty
1003 license plate organization, a dealer or fleet company may
1004 purchase specialty license plates to be used on dealer and fleet
1005 vehicles.
1006 (c) Notwithstanding s. 320.08058, a dealer or fleet
1007 specialty license plate shall include the letters “DLR” or “FLT”
1008 on the right side of the license plate. Dealer and fleet
1009 specialty license plates must be ordered directly through the
1010 department.
1011 (4) The following license plate annual use fees shall be
1012 collected for the appropriate specialty license plates:
1013 (ee) American Red Cross license plate, $25.
1014 (eee) Donate Organs-Pass It On license plate, $25.
1015 (qqq) St. Johns River license plate, $25.
1016 (rrr) Hispanic Achievers license plate, $25.
1017 (bbbb) Ducks Unlimited license plate, $25.
1018 (cccc) Play Ball license plate, $25.
1019 (dddd) America the Beautiful license plate, $25.
1020 (eeee) Protect Pollinators license plate, $25.
1021 (ffff) Florida Native license plate, $25.
1022 (gggg) Donate Life Florida license plate, $25.
1023 (10)(a) A specialty license plate annual use fee collected
1024 and distributed under this chapter, or any interest earned from
1025 those fees, may not be used for commercial or for-profit
1026 activities nor for general or administrative expenses, except as
1027 authorized by s. 320.08058 or to pay the cost of the audit or
1028 report required by s. 320.08062(1). The fees and any interest
1029 earned from the fees may be expended only for use in this state
1030 unless the annual use fee is derived from the sale of United
1031 States Armed Forces and veterans-related specialty license
1032 plates pursuant to paragraphs (4)(d), (bb), (kk), (iii), and
1033 (uuu) (ll), (kkk), and (yyy) and s. 320.0891.
1034 Section 22. Subsections (31), (57), (69), (70), and
1035 paragraph (b) of present subsection (80) of section 320.08058,
1036 Florida Statutes, are amended, and new subsections (80) through
1037 (85) are added to that section, to read:
1038 320.08058 Specialty license plates.—
1039 (31) AMERICAN RED CROSS LICENSE PLATES.—
1040 (a) Notwithstanding the provisions of s. 320.08053, the
1041 department shall develop an American Red Cross license plate as
1042 provided in this section. The word “Florida” must appear at the
1043 top of the plate, and the words “American Red Cross” must appear
1044 at the bottom of the plate.
1045 (b) The department shall retain all revenues from the sale
1046 of such plates until all startup costs for developing and
1047 issuing the plates have been recovered. Thereafter, 50 percent
1048 of the annual use fees shall be distributed to the American Red
1049 Cross Chapter of Central Florida, with statistics on sales of
1050 license plates, which are tabulated by county. The American Red
1051 Cross Chapter of Central Florida must distribute to each of the
1052 chapters in this state the moneys received from sales in the
1053 counties covered by the respective chapters, which moneys must
1054 be used for education and disaster relief in Florida. Fifty
1055 percent of the annual use fees shall be distributed
1056 proportionately to the three statewide approved poison control
1057 centers for purposes of combating bioterrorism and other poison
1058 related purposes.
1059 (57) DONATE ORGANS-PASS IT ON LICENSE PLATES.—
1060 (a) The department shall develop a Donate Organs-Pass It On
1061 license plate as provided in this section. The word “Florida”
1062 must appear at the top of the plate, and the words “Donate
1063 Organs-Pass It On” must appear at the bottom of the plate.
1064 (b) The annual use fees shall be distributed to Transplant
1065 Foundation, Inc., and shall use up to 10 percent of the proceeds
1066 from the annual use fee for marketing and administrative costs
1067 that are directly associated with the management and
1068 distribution of the proceeds. The remaining proceeds shall be
1069 used to provide statewide grants for patient services, including
1070 preoperative, rehabilitative, and housing assistance; organ
1071 donor education and awareness programs; and statewide medical
1072 research.
1073 (69) ST. JOHNS RIVER LICENSE PLATES.—
1074 (a) The department shall develop a St. Johns River license
1075 plate as provided in this section. The St. Johns River license
1076 plates must bear the colors and design approved by the
1077 department. The word “Florida” must appear at the top of the
1078 plate, and the words “St. Johns River” must appear at the bottom
1079 of the plate.
1080 (b) The requirements of s. 320.08053 must be met prior to
1081 the issuance of the plate. Thereafter, the license plate annual
1082 use fees shall be distributed to the St. Johns River Alliance,
1083 Inc., a s. 501(c)(3) nonprofit organization, which shall
1084 administer the fees as follows:
1085 1. The St. Johns River Alliance, Inc., shall retain the
1086 first $60,000 of the annual use fees as direct reimbursement for
1087 administrative costs, startup costs, and costs incurred in the
1088 development and approval process. Thereafter, up to 10 percent
1089 of the annual use fee revenue may be used for administrative
1090 costs directly associated with education programs, conservation,
1091 research, and grant administration of the organization, and up
1092 to 10 percent may be used for promotion and marketing of the
1093 specialty license plate.
1094 2. At least 30 percent of the fees shall be available for
1095 competitive grants for targeted community-based or county-based
1096 research or projects for which state funding is limited or not
1097 currently available. The remaining 50 percent shall be directed
1098 toward community outreach and access programs. The competitive
1099 grants shall be administered and approved by the board of
1100 directors of the St. Johns River Alliance, Inc. A grant advisory
1101 committee shall be composed of six members chosen by the St.
1102 Johns River Alliance board members.
1103 3. Any remaining funds shall be distributed with the
1104 approval of and accountability to the board of directors of the
1105 St. Johns River Alliance, Inc., and shall be used to support
1106 activities contributing to education, outreach, and springs
1107 conservation.
1108 4. Effective July 1, 2014, the St. Johns River license
1109 plate will shift into the presale voucher phase, as provided in
1110 s. 320.08053(2)(b). The St. Johns River Alliance, Inc., shall
1111 have 24 months to record a minimum of 1,000 sales of the license
1112 plates. Sales include existing active plates and vouchers sold
1113 subsequent to July 1, 2014. During the voucher period, new
1114 plates may not be issued, but existing plates may be renewed.
1115 If, at the conclusion of the 24-month presale period, the
1116 requirement of a minimum of 1,000 sales has been met, the
1117 department shall resume normal distribution of the St. Johns
1118 River specialty plate. If, after 24 months, the minimum of 1,000
1119 sales has not been met, the department shall discontinue the
1120 development and issuance of the plate. This subparagraph is
1121 repealed June 30, 2016.
1122 (70) HISPANIC ACHIEVERS LICENSE PLATES.—
1123 (a) Notwithstanding the requirements of s. 320.08053, the
1124 department shall develop a Hispanic Achievers license plate as
1125 provided in this section. The plate must bear the colors and
1126 design approved by the department. The word “Florida” must
1127 appear at the top of the plate, and the words “Hispanic
1128 Achievers” must appear at the bottom of the plate.
1129 (b) The proceeds from the license plate annual use fee
1130 shall be distributed to National Hispanic Corporate Achievers,
1131 Inc., a nonprofit corporation under s. 501(c)(3) of the Internal
1132 Revenue Code, to fund grants to nonprofit organizations to
1133 operate programs and provide scholarships and for marketing the
1134 Hispanic Achievers license plate. National Hispanic Corporate
1135 Achievers, Inc., shall establish a Hispanic Achievers Grant
1136 Council that shall provide recommendations for statewide grants
1137 from available Hispanic Achievers license plate proceeds to
1138 nonprofit organizations for programs and scholarships for
1139 Hispanic and minority Floridians. National Hispanic Corporate
1140 Achievers, Inc., shall also establish a Hispanic Achievers
1141 License Plate Fund. Moneys in the fund shall be used by the
1142 grant council as provided in this paragraph. All funds received
1143 under this subsection must be used in this state.
1144 (c) National Hispanic Corporate Achievers, Inc., may retain
1145 all proceeds from the annual use fee until documented startup
1146 costs for developing and establishing the plate have been
1147 recovered. Thereafter, the proceeds from the annual use fee
1148 shall be used as follows:
1149 1. Up to 5 percent of the proceeds may be used for the cost
1150 of administration of the Hispanic Achievers License Plate Fund,
1151 the Hispanic Achievers Grant Council, and related matters.
1152 2. Funds may be used as necessary for annual audit or
1153 compliance affidavit costs.
1154 3. Up to 20 percent of the proceeds may be used to market
1155 and promote the Hispanic Achievers license plate.
1156 4. Twenty-five percent of the proceeds shall be used by the
1157 Hispanic Corporate Achievers, Inc., located in Seminole County,
1158 for grants.
1159 5. The remaining proceeds shall be available to the
1160 Hispanic Achievers Grant Council to award grants for services,
1161 programs, or scholarships for Hispanic and minority individuals
1162 and organizations throughout Florida. All grant recipients must
1163 provide to the Hispanic Achievers Grant Council an annual
1164 program and financial report regarding the use of grant funds.
1165 Such reports must be available to the public.
1166 (d) Effective July 1, 2014, the Hispanic Achievers license
1167 plate will shift into the presale voucher phase, as provided in
1168 s. 320.08053(2)(b). National Hispanic Corporate Achievers, Inc.,
1169 shall have 24 months to record a minimum of 1,000 sales. Sales
1170 include existing active plates and vouchers sold subsequent to
1171 July 1, 2014. During the voucher period, new plates may not be
1172 issued, but existing plates may be renewed. If, at the
1173 conclusion of the 24-month presale period, the requirement of a
1174 minimum of 1,000 sales has been met, the department shall resume
1175 normal distribution of the Hispanic Achievers license plate. If,
1176 after 24 months, the minimum of 1,000 sales has not been met,
1177 the department shall discontinue the Hispanic Achievers license
1178 plate. This subsection is repealed June 30, 2016.
1179 (76)(80) FALLEN LAW ENFORCEMENT OFFICERS LICENSE PLATES.—
1180 (b) The annual use fees shall be distributed to the Police
1181 and Kids Foundation, Inc., which may use up to a maximum of 10
1182 percent of the proceeds for marketing to promote and market the
1183 plate. All remaining proceeds shall be distributed to and used
1184 by the Police and Kids Foundation, Inc., for its operations,
1185 activities, programs, and projects The remainder of the proceeds
1186 shall be used by the Police and Kids Foundation, Inc., to invest
1187 and reinvest, and the interest earnings shall be used for the
1188 operation of the Police and Kids Foundation, Inc.
1189 (80) DUCKS UNLIMITED LICENSE PLATES.—
1190 (a) The department shall develop a Ducks Unlimited license
1191 plate as provided in this section and s. 320.08053. Ducks
1192 Unlimited license plates must bear the colors and design
1193 approved by the department. The word “Florida” must appear at
1194 the top of the plate, and the words “Conserving Florida
1195 Wetlands” must appear at the bottom of the plate.
1196 (b) The annual use fees from the sale of the plate shall be
1197 distributed to Ducks Unlimited, Inc., a nonprofit corporation
1198 under s. 501(c)(3) of the Internal Revenue Code, to be used as
1199 follows:
1200 1. Up to 5 percent may be used for administrative costs and
1201 marketing of the plate.
1202 2. A minimum of 95 percent shall be used in this state to
1203 support the mission and efforts of Ducks Unlimited, Inc., for
1204 the conservation, restoration, and management of Florida
1205 wetlands and associated habitats for the benefit of waterfowl,
1206 other wildlife, and people.
1207 (81) PLAY BALL LICENSE PLATES.—
1208 (a) The department shall develop a Play Ball license plate
1209 as provided in this section and s. 320.08053. Play Ball license
1210 plates must bear the colors and design approved by the
1211 department. The word “Florida” must appear at the top of the
1212 plate, and the words “Play Ball” must appear at the bottom of
1213 the plate.
1214 (b) The license plate annual use fees shall be distributed
1215 to American Dream Baseball, Inc., which may retain all proceeds
1216 from the annual use fees until the startup costs for developing
1217 and issuing the license plates have been recovered. Thereafter,
1218 American Dream Baseball, Inc., may use the proceeds as follows:
1219 1. A maximum of 15 percent may be used for administrative
1220 costs of the organization associated with implementing the
1221 programs funded by proceeds derived from sales of the specialty
1222 license plate.
1223 2. A maximum of 10 percent may be used for promotion and
1224 marketing costs of the license plate.
1225 3. The remainder shall be used to fund the activities,
1226 programs, and projects of American Dream Baseball, Inc.
1227 (82) AMERICA THE BEAUTIFUL LICENSE PLATES.—
1228 (a) The department shall develop an America The Beautiful
1229 license plate as provided in this section and s. 320.08053. The
1230 word “Florida” must appear at the top of the plate, and the
1231 words “America The Beautiful” must appear on the plate.
1232 (b) The annual use fees from the plate shall be distributed
1233 to the America the Beautiful Fund as follows: 10 percent to
1234 offset its administrative, marketing and promotion costs, and
1235 the remaining 85 percent for projects and programs teaching
1236 character, leadership, and service to Florida youth; provision
1237 of wellbeing and assistance in the military community; outdoor
1238 education advancing self-sufficiency; wildlife conservation
1239 including imperiled and managed species; the maintenance of
1240 historic or culturally important sites, buildings, structures,
1241 or objects, and the development and modification of playgrounds,
1242 recreational areas, or other outdoor amenities, including
1243 disability access.
1244 (83) PROTECT POLLINATORS LICENSE PLATES.—
1245 (a) The department shall develop a Protect Pollinators
1246 license plate as provided in this section and s. 320.08053. The
1247 word “Florida” must appear at the top of the plate, and the
1248 words “Protect Pollinators” must appear at the bottom of the
1249 plate.
1250 (b) The annual use fees from the sale of the plate shall be
1251 distributed to the Florida Wildflower Foundation Inc., which:
1252 1. May use a maximum of 10 percent of the proceeds to
1253 market, promote, and administer the Protect Pollinators plate.
1254 2. Shall use the remainder of the proceeds to establish
1255 pollinator wildflower habitats, fund pollinator education and
1256 research programs, and promote awareness of pollinators,
1257 including butterflies, native bees and honeybees, hummingbirds,
1258 bats, and hundreds of other insects and animal pollinator
1259 species, and their importance to Florida agricultural success
1260 and the security of the food supply.
1261 (84) FLORIDA NATIVE LICENSE PLATES.—
1262 (a) The department shall develop a Florida Native license
1263 plate as provided in this section and s. 320.08053. The word
1264 “Florida” must appear at the top of the plate, and the word
1265 “Native” must appear at the bottom of the plate. The plate must
1266 contain a camouflage background including leaves, flowers, or
1267 fronds of a minimum of 12 different Florida native plants.
1268 (b)1. The department shall retain all annual use fees from
1269 the sale of the plate until all startup costs for developing and
1270 issuing the plate have been recovered.
1271 2. Thereafter, the annual use fees from the sale of the
1272 plate shall be distributed to Florida Native Plant Society, a
1273 Florida nonprofit corporation, which may use a maximum of 10
1274 percent of such fees for administrative costs and a maximum of
1275 20 percent to market and promote the plate. The balance of the
1276 fees shall be used by Florida Native Plant Society, to fulfill
1277 the mission of the Florida Native Plant Society, where a minimum
1278 of 25 percent is dedicated to maintaining, improving, and
1279 restoring public native species, hunting and fishing habitats,
1280 and 25 percent is used to promote the cultivation of Florida’s
1281 agricultural products through the preservation of native noncrop
1282 plants to provide habitats for pollinators and natural enemies
1283 to plant pests, and to provide pollen and nectar and undisturbed
1284 habitats for bee nesting throughout the growing season.
1285 (85) DONATE LIFE FLORIDA LICENSE PLATES.—
1286 (a) The department shall develop a Donate Life Florida
1287 license plate as provided in this section and s. 320.08053. The
1288 plate must bear the colors and design approved by the
1289 department. The word “Florida” must appear at the top of the
1290 plate, and the words “Donors Save Lives” must appear at the
1291 bottom of the plate.
1292 (b) The annual use fees from the sale of the plate shall be
1293 distributed to Donate Life Florida, which may use up to 10
1294 percent of the proceeds for marketing and administrative costs.
1295 The remaining proceeds of the annual use fees shall be used by
1296 the Donate Life Florida to educate Florida residents on the
1297 importance of organ, tissue and eye donation and for the
1298 continued maintenance of the Joshua Abbott Organ and Tissue
1299 Donor Registry.
1300 Section 23. Paragraph (b) of subsection (4) of section
1301 320.08068, Florida Statutes, is amended to read:
1302 320.08068 Motorcycle specialty license plates.—
1303 (4) A license plate annual use fee of $20 shall be
1304 collected for each motorcycle specialty license plate. Annual
1305 use fees shall be distributed to The Able Trust as custodial
1306 agent. The Able Trust may retain a maximum of 10 percent of the
1307 proceeds from the sale of the license plate for administrative
1308 costs. The Able Trust shall distribute the remaining funds as
1309 follows:
1310 (b) Twenty percent to Preserve Vision Prevent Blindness
1311 Florida.
1312 Section 24. Section 320.0875, Florida Statutes, is created
1313 to read:
1314 320.0875 Purple Heart motorcycle special license plate.—
1315 (1) Upon application to the department and payment of the
1316 license tax for the motorcycle as provided in s. 320.08, a
1317 resident of this state who owns or leases a motorcycle that is
1318 not used for hire or commercial use shall be issued a Purple
1319 Heart motorcycle special license plate if he or she provides
1320 documentation acceptable to the department that he or she is a
1321 recipient of the Purple Heart medal.
1322 (2) The Purple Heart motorcycle special license plate shall
1323 be stamped with the words “Combat-wounded Veteran” followed by
1324 the serial number of the license plate. The Purple Heart
1325 motorcycle special license plate may have the term “Purple
1326 Heart” stamped on the plate and the likeness of the Purple Heart
1327 medal appearing on the plate.
1328 Section 25. Paragraph (a) of subsection (1) of section
1329 320.089, Florida Statutes, is amended to read:
1330 320.089 Veterans of the United States Armed Forces; members
1331 of National Guard; survivors of Pearl Harbor; Purple Heart medal
1332 recipients; active or retired United States Armed Forces
1333 reservists; Combat Infantry Badge, Combat Medical Badge, or
1334 Combat Action Badge recipients; Combat Action Ribbon recipients;
1335 Air Force Combat Action Medal recipients; Distinguished Flying
1336 Cross recipients; former prisoners of war; Korean War Veterans;
1337 Vietnam War Veterans; Operation Desert Shield Veterans;
1338 Operation Desert Storm Veterans; Operation Enduring Freedom
1339 Veterans; Operation Iraqi Freedom Veterans; Women Veterans;
1340 World War II Veterans; and Navy Submariners; Special license
1341 plates for military servicemembers, veterans, and Pearl Harbor
1342 survivors; fee.—
1343 (1)(a) Upon application to the department and payment of
1344 the license tax for the vehicle as provided in s. 320.08, a
1345 resident of this state who owns or leases Each owner or lessee
1346 of an automobile or truck for private use or recreational
1347 vehicle as specified in s. 320.08(9)(c) or (d), which is not
1348 used for hire or commercial use, shall be issued a license plate
1349 pursuant to the following if the applicant provides the
1350 department with proof he or she meets the qualifications listed
1351 in this section for the applicable license plate:
1352 1. A person released or discharged from any branch who is a
1353 resident of the state and a veteran of the United States Armed
1354 Forces shall be issued a license plate stamped with the words
1355 “Veteran” or “Woman Veteran” followed by the serial number of
1356 the license plate., a Woman Veteran,
1357 2. A World War II Veteran shall be issued a license plate
1358 stamped with the words “WWII Veteran” followed by the serial
1359 number of the license plate.,
1360 3. A Navy Submariner shall be issued a license plate
1361 stamped with the words “Navy Submariner” followed by the serial
1362 number of the license plate.,
1363 4. An active or retired member of the Florida National
1364 Guard shall be issued a license plate stamped with the words
1365 “National Guard” followed by the serial number of the license
1366 plate.
1367 5. A member of the Pearl Harbor Survivors Association or
1368 other person on active military duty in Pearl Harbor on December
1369 7, 1941, shall be issued a license plate stamped with the words
1370 “Pearl Harbor Survivor” followed by the serial number of the
1371 license plate., a survivor of the attack on Pearl Harbor,
1372 6. A recipient of the Purple Heart medal shall be issued a
1373 license plate stamped with the words “Combat-wounded Veteran”
1374 followed by the serial number of the license plate. The Purple
1375 Heart plate may have the words “Purple Heart” stamped on the
1376 plate and the likeness of the Purple Heart medal appearing on
1377 the plate.,
1378 7. An active or retired member of any branch of the United
1379 States Armed Forces Reserve shall be issued a license plate
1380 stamped with the words “U.S. Reserve” followed by the serial
1381 number of the license plate.
1382 8. A member of the Combat Infantrymen’s Association, Inc.,
1383 or a recipient of the Combat Infantry Badge, Combat Medical
1384 Badge, Combat Action Badge, Combat Action Ribbon, or Air Force
1385 Combat Action Medal shall be issued a license plate stamped with
1386 the words “Combat Infantry Badge,” “Combat Medical Badge,”
1387 “Combat Action Badge,” “Combat Action Ribbon,” or “Air Force
1388 Combat Action Medal,” as appropriate, and a likeness of the
1389 related campaign badge, ribbon, or medal, followed by the serial
1390 number of the license plate.
1391 9. A recipient of the, or Distinguished Flying Cross shall
1392 be issued a license plate stamped with the words “Distinguished
1393 Flying Cross” and a likeness of the Distinguished Flying Cross
1394 followed by the serial number of the license plate.
1395 10. A recipient of the Bronze Star shall be issued a
1396 license plate stamped with the words “Bronze Star” and a
1397 likeness of the Bronze Star followed by the serial number of the
1398 license plate, upon application to the department, accompanied
1399 by proof of release or discharge from any branch of the United
1400 States Armed Forces, proof of active membership or retired
1401 status in the Florida National Guard, proof of membership in the
1402 Pearl Harbor Survivors Association or proof of active military
1403 duty in Pearl Harbor on December 7, 1941, proof of being a
1404 Purple Heart medal recipient, proof of active or retired
1405 membership in any branch of the United States Armed Forces
1406 Reserve, or proof of membership in the Combat Infantrymen’s
1407 Association, Inc., proof of being a recipient of the Combat
1408 Infantry Badge, Combat Medical Badge, Combat Action Badge,
1409 Combat Action Ribbon, Air Force Combat Action Medal, or
1410 Distinguished Flying Cross, and upon payment of the license tax
1411 for the vehicle as provided in s. 320.08, shall be issued a
1412 license plate as provided by s. 320.06 which, in lieu of the
1413 serial numbers prescribed by s. 320.06, is stamped with the
1414 words “Veteran,” “Woman Veteran,” “WWII Veteran,” “Navy
1415 Submariner,” “National Guard,” “Pearl Harbor Survivor,” “Combat
1416 wounded veteran,” “U.S. Reserve,” “Combat Infantry Badge,”
1417 “Combat Medical Badge,” “Combat Action Badge,” “Combat Action
1418 Ribbon,” “Air Force Combat Action Medal,” or “Distinguished
1419 Flying Cross,” as appropriate, and a likeness of the related
1420 campaign medal or badge, followed by the serial number of the
1421 license plate. Additionally, the Purple Heart plate may have the
1422 words “Purple Heart” stamped on the plate and the likeness of
1423 the Purple Heart medal appearing on the plate.
1424 Section 26. Section 320.133, Florida Statutes, is amended
1425 to read:
1426 320.133 Transporter license plates.—
1427 (1) As used in this section, the term “transporter license
1428 plate eligible business” means a business that is engaged in the
1429 limited operation of an unregistered motor vehicle, or a
1430 repossessor that contracts with lending institutions to
1431 repossess or recover motor vehicles or mobile homes.
1432 (2) A person is not eligible to purchase or renew a
1433 transporter license plate unless he or she provides proof
1434 satisfactory to the department that his or her business is a
1435 transporter license plate eligible business.
1436 (3) The application for qualification as a transporter
1437 license plate eligible business must be in such form as is
1438 prescribed by the department and must contain the legal name of
1439 the person or persons applying for the license plate, the name
1440 of the business, and the principal or principals of the
1441 business. The application must describe the exact physical
1442 location of the place of business within the state. This
1443 location must be available at all reasonable hours for
1444 inspection of the transporter license plate records by the
1445 department or any law enforcement agency. The application must
1446 contain proof of a garage liability insurance policy, or a
1447 business automobile policy, in the amount of at least $100,000.
1448 The certificate of insurance must indicate the number of
1449 transporter license plates reported to the insurance company.
1450 Such coverage shall be maintained for the entire registration
1451 period. Upon seeking initial qualification, the applicant must
1452 provide documentation proving that the business is registered
1453 with the Division of Corporations of the Department of State to
1454 conduct business in this state. The business must indicate how
1455 it meets the qualification as a transporter license plate
1456 eligible business by describing in detail the business processes
1457 that require the use of a transporter license plate.
1458 (4)(a)(1) The department may is authorized to issue a
1459 transporter license plate to an any applicant who is not a
1460 licensed dealer and who is qualified as a transporter license
1461 plate eligible business, incidental to the conduct of his or her
1462 business, engages in the transporting of motor vehicles which
1463 are not currently registered to any owner and which do not have
1464 license plates, upon payment of the license tax imposed by s.
1465 320.08(15) for each transporter such license plate and upon
1466 proof of liability insurance as described in subsection (3)
1467 coverage in the amount of $100,000 or more. The proof of
1468 insurance must indicate the number of transporter license plates
1469 reported to the insurance company, which shall be the maximum
1470 number of transporter license plates issued to the applicant.
1471 Such A transporter license plate is valid only for use on an
1472 unregistered any motor vehicle in the possession of the
1473 transporter while the motor vehicle is being transported in the
1474 course of the transporter’s business and must not be attached to
1475 any vehicle owned by the transporter or his or her business for
1476 which registration would otherwise be required. A person who
1477 sells or unlawfully possesses, distributes, or brokers a
1478 transporter license plate to be attached to any vehicle commits
1479 a misdemeanor of the second degree, punishable as provided in s.
1480 775.082 or s. 775.083. Any and all transporter license plates
1481 issued are subject to cancellation by the department.
1482 (b) A person who knowingly and willfully sells or
1483 unlawfully possesses, distributes, or brokers a transporter
1484 license plate to avoid registering a vehicle requiring
1485 registration pursuant to this chapter or chapter 319 commits a
1486 misdemeanor of the first degree, punishable as provided in s.
1487 775.082 or s. 775.083, and is disqualified from transporter
1488 license plate usage. All transporter license plates issued to
1489 the person’s business shall be canceled and must be returned to
1490 the department immediately upon disqualification. The
1491 transporter license plate is subject to removal as provided in
1492 subsection (9), and any and all transporter plates issued are
1493 subject to cancellation by the department.
1494 (5) A transporter license plate eligible business issued a
1495 transporter license plate must maintain for 2 years, at its
1496 location, records of each use of each transporter license plate
1497 and evidence that the plate was used as required by this
1498 chapter. Such records must be open to inspection by the
1499 department or its agents or any law enforcement officer during
1500 reasonable business hours. A person who fails to maintain true
1501 and accurate records of any transporter license plate usage or
1502 comply with this subsection commits a misdemeanor of the second
1503 degree, punishable as provided in s. 775.082 or s. 775.083, may
1504 be subject to cancellation of any and all transporter license
1505 plates issued, and is automatically disqualified from future
1506 transporter license plate issuance.
1507 (6) When attached to a motor vehicle, a transporter license
1508 plate issued under this section must be accompanied by the
1509 registration issued for the transporter license plate by the
1510 department and proof of insurance as described in subsection
1511 (3). A person who operates a motor vehicle with a transporter
1512 license plate attached who fails to provide the documentation
1513 listed in this subsection commits a misdemeanor of the second
1514 degree, punishable as provided in s. 775.082 or s. 775.083, and
1515 the transporter license plate is subject to removal as provided
1516 in subsection (9). This subsection does not apply to a person
1517 who contracts with dealers and auctions to transport motor
1518 vehicles.
1519 (7)(2) A transporter license plate issued pursuant to
1520 subsection (4) (1) must be in a distinctive color approved by
1521 the department, and the word “transporter” must appear on the
1522 face of the license plate in place of the county name.
1523 (8)(3) An initial registration or renewal A license plate
1524 issued under this section is valid for a period of 12 months,
1525 beginning January 1 and ending December 31. A No refund of the
1526 license tax imposed may not be provided for any unexpired
1527 portion of a license period.
1528 (9) A transporter license plate attached to a motor vehicle
1529 in violation of subsection (4) or subsection (6) must be
1530 immediately removed by a law enforcement officer from the motor
1531 vehicle to which it was attached and surrendered to the
1532 department by the law enforcement agency for cancellation.
1533 Section 27. Subsections (1) and (2) of section 320.27,
1534 Florida Statutes, are amended to read:
1535 320.27 Motor vehicle dealers.—
1536 (1) DEFINITIONS.—The following words, terms, and phrases
1537 when used in this section have the meanings respectively
1538 ascribed to them in this subsection, except where the context
1539 clearly indicates a different meaning:
1540 (a) “Department” means the Department of Highway Safety and
1541 Motor Vehicles.
1542 (b) “Motor vehicle” means any motor vehicle of the type and
1543 kind required to be registered and titled under chapter 319 and
1544 this chapter, except a recreational vehicle, moped, motorcycle
1545 powered by a motor with a displacement of 50 cubic centimeters
1546 or less, or mobile home.
1547 (c) “Motor vehicle dealer” means any person engaged in the
1548 business of buying, selling, or dealing in motor vehicles or
1549 offering or displaying motor vehicles for sale at wholesale or
1550 retail, or who may service and repair motor vehicles pursuant to
1551 an agreement as defined in s. 320.60(1). Any person who buys,
1552 sells, or deals in three or more motor vehicles in any 12-month
1553 period or who offers or displays for sale three or more motor
1554 vehicles in any 12-month period shall be prima facie presumed to
1555 be a motor vehicle dealer. Any person who engages in possessing,
1556 storing, or displaying motor vehicles for retail sale;
1557 advertising motor vehicles for retail sale; negotiating with
1558 consumers regarding the terms of sale for a motor vehicle;
1559 providing test drives of motor vehicles offered for sale; or
1560 delivering or arranging for the delivery of a motor vehicle in
1561 conjunction with the sale of such motor vehicle is deemed to be
1562 dealing in motor vehicles engaged in such business. The terms
1563 “selling” and “sale” include lease-purchase transactions. A
1564 motor vehicle dealer may, at retail or wholesale, sell a
1565 recreational vehicle as described in s. 320.01(1)(b)1.-6. and
1566 8., acquired in exchange for the sale of a motor vehicle,
1567 provided such acquisition is incidental to the principal
1568 business of being a motor vehicle dealer. However, a motor
1569 vehicle dealer may not buy a recreational vehicle for the
1570 purpose of resale unless licensed as a recreational vehicle
1571 dealer pursuant to s. 320.771. A motor vehicle dealer may apply
1572 for a certificate of title to a motor vehicle required to be
1573 registered under s. 320.08(2)(b), (c), and (d), using a
1574 manufacturer’s statement of origin as permitted by s. 319.23(1),
1575 only if such dealer is authorized by a franchised agreement as
1576 defined in s. 320.60(1), to buy, sell, or deal in such vehicle
1577 and is authorized by such agreement to perform delivery and
1578 preparation obligations and warranty defect adjustments on the
1579 motor vehicle; provided this limitation shall not apply to
1580 recreational vehicles, van conversions, or any other motor
1581 vehicle manufactured on a truck chassis. The transfer of a motor
1582 vehicle by a dealer not meeting these qualifications shall be
1583 titled as a used vehicle. The classifications of motor vehicle
1584 dealers are defined as follows:
1585 1. “Franchised motor vehicle dealer” means any person who
1586 engages in the business of repairing, servicing, buying,
1587 selling, or dealing in motor vehicles pursuant to an agreement
1588 as defined in s. 320.60(1).
1589 2. “Independent motor vehicle dealer” means any person
1590 other than a franchised or wholesale motor vehicle dealer who
1591 engages in the business of buying, selling, or dealing in motor
1592 vehicles, and who may service and repair motor vehicles.
1593 3. “Wholesale motor vehicle dealer” means any person who
1594 engages exclusively in the business of buying, selling, or
1595 dealing in motor vehicles at wholesale or with motor vehicle
1596 auctions. Such person shall be licensed to do business in this
1597 state, shall not sell or auction a vehicle to any person who is
1598 not a licensed dealer, and shall not have the privilege of the
1599 use of dealer license plates. Any person who buys, sells, or
1600 deals in motor vehicles at wholesale or with motor vehicle
1601 auctions on behalf of a licensed motor vehicle dealer and as a
1602 bona fide employee of such licensed motor vehicle dealer is not
1603 required to be licensed as a wholesale motor vehicle dealer. In
1604 such cases it shall be prima facie presumed that a bona fide
1605 employer-employee relationship exists. A wholesale motor vehicle
1606 dealer shall be exempt from the display provisions of this
1607 section but shall maintain an office wherein records are kept in
1608 order that those records may be inspected.
1609 4. “Motor vehicle auction” means any person offering motor
1610 vehicles or recreational vehicles for sale to the highest bidder
1611 where buyers are licensed motor vehicle dealers. Such person
1612 shall not sell a vehicle to anyone other than a licensed motor
1613 vehicle dealer.
1614 5. “Salvage motor vehicle dealer” means any person who
1615 engages in the business of acquiring salvaged or wrecked motor
1616 vehicles for the purpose of reselling them and their parts.
1617
1618 Notwithstanding anything in this subsection to the contrary, the
1619 term “motor vehicle dealer” does not include persons not engaged
1620 in the purchase or sale of motor vehicles as a business who are
1621 disposing of vehicles acquired for their own use or for use in
1622 their business or acquired by foreclosure or by operation of
1623 law, provided such vehicles are acquired and sold in good faith
1624 and not for the purpose of avoiding the provisions of this law;
1625 persons engaged in the business of manufacturing, selling, or
1626 offering or displaying for sale at wholesale or retail no more
1627 than 25 trailers in a 12-month period; public officers while
1628 performing their official duties; receivers; trustees,
1629 administrators, executors, guardians, or other persons appointed
1630 by, or acting under the judgment or order of, any court; banks,
1631 finance companies, or other loan agencies that acquire motor
1632 vehicles as an incident to their regular business; motor vehicle
1633 brokers; persons whose sole dealing in motor vehicles is owning
1634 a publication in which, or hosting a website on which, licensed
1635 motor vehicle dealers display vehicles for sale; and motor
1636 vehicle rental and leasing companies that sell motor vehicles to
1637 motor vehicle dealers licensed under this section. Vehicles
1638 owned under circumstances described in this paragraph may be
1639 disposed of at retail, wholesale, or auction, unless otherwise
1640 restricted. A manufacturer of fire trucks, ambulances, or school
1641 buses may sell such vehicles directly to governmental agencies
1642 or to persons who contract to perform or provide firefighting,
1643 ambulance, or school transportation services exclusively to
1644 governmental agencies without processing such sales through
1645 dealers if such fire trucks, ambulances, school buses, or
1646 similar vehicles are not presently available through motor
1647 vehicle dealers licensed by the department.
1648 (d) “Motor vehicle broker” means any person engaged in the
1649 business of, or who holds himself or herself out through
1650 solicitation, advertisement, or who otherwise holds himself or
1651 herself out as being in the business of, offering to procure or
1652 procuring motor vehicles for assisting the general public in
1653 purchasing or leasing a motor vehicle from a licensed motor
1654 vehicle dealer, or who holds himself or herself out through
1655 solicitation, advertisement, or otherwise as one who offers to
1656 procure or procures motor vehicles for the general public, and
1657 who does not deal in motor vehicles as provided in paragraph
1658 (1)(c) store, display, or take ownership of any vehicles for the
1659 purpose of selling such vehicles. Any advertisement or
1660 solicitation by a motor vehicle broker must include a statement
1661 that the broker is receiving a fee and must clearly state that
1662 the person is not a licensed motor vehicle dealer.
1663 (e) “Person” means any natural person, firm, partnership,
1664 association, or corporation.
1665 (f) “Bona fide employee” means a person who is employed by
1666 a licensed motor vehicle dealer and receives annually an
1667 Internal Revenue Service Form W-2, or an independent contractor
1668 who has a written contract with a licensed motor vehicle dealer
1669 and receives annually an Internal Revenue Service Form 1099, for
1670 the purpose of acting in the capacity of or conducting motor
1671 vehicle sales transactions as a motor vehicle dealer.
1672 (2) LICENSE REQUIRED.—No person shall engage in business
1673 as, serve in the capacity of, or act as a motor vehicle dealer
1674 in this state without first obtaining a license therefor in the
1675 appropriate classification as provided in this section. With the
1676 exception of transactions with motor vehicle auctions, no person
1677 other than a licensed motor vehicle dealer may advertise for
1678 sale any motor vehicle belonging to another party unless as a
1679 direct result of a bona fide legal proceeding, court order,
1680 settlement of an estate, or by operation of law. However, owners
1681 of motor vehicles titled in their names may advertise and offer
1682 vehicles for sale on their own behalf. It shall be unlawful for
1683 a licensed motor vehicle dealer to allow any person other than a
1684 bona fide employee to use the motor vehicle dealer license for
1685 the purpose of acting in the capacity of or conducting motor
1686 vehicle sales transactions as a motor vehicle dealer. Any person
1687 acting selling or offering a motor vehicle for sale in violation
1688 of the licensing requirements of this subsection, or who
1689 misrepresents to any person its relationship with any
1690 manufacturer, importer, or distributor, in addition to the
1691 penalties provided herein, is shall be deemed to have committed
1692 guilty of an unfair and deceptive trade practice in violation of
1693 as defined in part II of chapter 501 and is shall be subject to
1694 the provisions of subsections (8) and (9).
1695 Section 28. Section 321.25, Florida Statutes, is amended to
1696 read:
1697 321.25 Training provided at patrol schools; reimbursement
1698 of tuition and other course expenses.—
1699 (1) The Department of Highway Safety and Motor Vehicles may
1700 is authorized to provide for the training of law enforcement
1701 officials and individuals in matters relating to the duties,
1702 functions, and powers of the Florida Highway Patrol in the
1703 schools established by the department for the training of
1704 highway patrol candidates and officers. The Department of
1705 Highway Safety and Motor Vehicles may is authorized to charge a
1706 fee for providing the training authorized by this section. The
1707 fee shall be charged to persons attending the training. The fee
1708 shall be based on the Department of Highway Safety and Motor
1709 Vehicles’ costs for providing the training, and such costs may
1710 include, but are not limited to, tuition, lodging, and meals.
1711 Revenues from the fees shall be used to offset the Department of
1712 Highway Safety and Motor Vehicles’ costs for providing the
1713 training. The cost of training local enforcement officers shall
1714 be paid for by their respective offices, counties, or
1715 municipalities, as the case may be. Such cost shall be deemed a
1716 proper county or municipal expense or a proper expenditure of
1717 the office of sheriff.
1718 (2) Notwithstanding s. 943.16, a person who attends
1719 training under subsection (1) at the expense of the Department
1720 of Highway Safety and Motor Vehicles must remain in the
1721 employment or appointment of the Florida Highway Patrol for at
1722 least 3 years. Once employed, if the person fails to remain
1723 employed by the Florida Highway Patrol for at least 3 years from
1724 the first date of employment, the person must pay the cost of
1725 tuition and other course expenses to the Department of Highway
1726 Safety and Motor Vehicles. As used in this section, the term
1727 “other course expenses” may include the cost of meals and
1728 lodging.
1729 (3) The Department of Highway Safety and Motor Vehicles may
1730 institute a civil action to collect the cost of tuition and
1731 other course expenses if it is not reimbursed pursuant to
1732 subsection (2), provided that the Florida Highway Patrol gave
1733 written notification to the person of the 3-year employment
1734 commitment during the employment screening process and the
1735 person returned signed acknowledgment of receipt of such
1736 notification.
1737 (4) Notwithstanding any other provision of this section,
1738 the Department of Highway Safety and Motor Vehicles may waive a
1739 person’s requirement of reimbursement in part or in full when
1740 the person terminates employment due to hardship or extenuating
1741 circumstances.
1742 Section 29. Subsection (4) of section 322.01, Florida
1743 Statutes, is amended to read:
1744 322.01 Definitions.—As used in this chapter:
1745 (4) “Authorized emergency vehicle” means a vehicle that is
1746 equipped with extraordinary audible and visual warning devices,
1747 that is authorized by s. 316.2397 to display red, red and white,
1748 or blue lights, and that is on call to respond to emergencies.
1749 The term includes, but is not limited to, ambulances, law
1750 enforcement vehicles, fire trucks, and other rescue vehicles.
1751 The term does not include wreckers, utility trucks, or other
1752 vehicles that are used only incidentally for emergency purposes.
1753 Section 30. Subsection (4) of section 322.03, Florida
1754 Statutes, is amended to read:
1755 322.03 Drivers must be licensed; penalties.—
1756 (4) A person may not operate a motorcycle unless he or she
1757 holds a driver license that authorizes such operation, subject
1758 to the appropriate restrictions and endorsements. A person may
1759 operate an autocycle without a motorcycle endorsement.
1760 Section 31. Subsections (1) and (2) of section 322.032,
1761 Florida Statutes, are amended to read
1762 322.032 Digital proof of driver license.—
1763 (1) The department, in collaboration with the Agency for
1764 State Technology, shall establish and implement begin to review
1765 and prepare for the development of a secure and uniform
1766 protocols and standards system for issuing an optional digital
1767 proof of driver license and shall procure any application
1768 programming interface necessary to enable a private entity to
1769 securely manufacture a digital proof of driver license. The
1770 department may contract with one or more private entities to
1771 develop a digital proof of driver license system.
1772 (2)(a) A The digital proof of driver license developed by
1773 the department or by an entity contracted by the department must
1774 be in such a format as to allow law enforcement to verify the
1775 authenticity of the digital proof of driver license. The
1776 department may adopt rules to ensure valid authentication of a
1777 digital proof of driver license licenses by law enforcement.
1778 (b) The act of presenting to a law enforcement officer an
1779 electronic device displaying a digital proof of driver license
1780 does not constitute consent for the officer to access any
1781 information on the device other than the digital proof of driver
1782 license.
1783 (c) A person who presents such device to the officer
1784 assumes liability for any resulting damage to the device.
1785 Section 32. Paragraph (e) of subsection (8) of section
1786 322.051, Florida Statutes, is amended to read:
1787 322.051 Identification cards.—
1788 (8)
1789 (e)1. Upon request by a person who has posttraumatic stress
1790 disorder, a traumatic brain injury, or a developmental
1791 disability, or by a parent or guardian of a child or ward who
1792 has posttraumatic stress disorder, a traumatic brain injury, or
1793 a developmental disability, the department shall issue an
1794 identification card exhibiting a capital “D” for the person,
1795 child, or ward if the person or the parent or guardian of the
1796 child or ward submits:
1797 a. Payment of an additional $1 fee; and
1798 b. Proof acceptable to the department of a diagnosis by a
1799 licensed physician of a developmental disability as defined in
1800 s. 393.063, posttraumatic stress disorder, or traumatic brain
1801 injury.
1802 2. The department shall deposit the additional $1 fee into
1803 the Agency for Persons with Disabilities Operations and
1804 Maintenance Trust Fund under s. 20.1971(2).
1805 3. A replacement identification card that includes the
1806 designation may be issued without payment of the fee required
1807 under s. 322.21(1)(f).
1808 4. The department shall develop rules to facilitate the
1809 issuance, requirements, and oversight of posttraumatic stress
1810 disorder, traumatic brain injury, and developmental disability
1811 identification cards under this section.
1812 Section 33. Paragraph (m) of subsection (8) of section
1813 322.08, Florida Statutes, is amended to read:
1814 322.08 Application for license; requirements for license
1815 and identification card forms.—
1816 (8) The application form for an original, renewal, or
1817 replacement driver license or identification card must include
1818 language permitting the following:
1819 (m) A voluntary contribution of $1 per applicant, which
1820 shall be distributed to Preserve Vision Prevent Blindness
1821 Florida, a not-for-profit organization, to prevent blindness and
1822 preserve the sight of the residents of this state.
1823
1824 A statement providing an explanation of the purpose of the trust
1825 funds shall also be included. For the purpose of applying the
1826 service charge provided under s. 215.20, contributions received
1827 under paragraphs (b)-(t) are not income of a revenue nature.
1828 Section 34. Subsection (5) of section 322.091, Florida
1829 Statutes, is amended to read:
1830 322.091 Attendance requirements.—
1831 (5) REPORTING AND ACCOUNTABILITY.—The department shall make
1832 available, upon request, a report quarterly to each school
1833 district of the legal name, sex, date of birth, and social
1834 security number of each student whose driving privileges have
1835 been suspended under this section.
1836 Section 35. Subsections (1) and (5) of section 322.12,
1837 Florida Statutes, are amended to read:
1838 322.12 Examination of applicants.—
1839 (1) It is the intent of the Legislature that every
1840 applicant for an original driver license in this state be
1841 required to pass an examination pursuant to this section.
1842 However, the department may waive the knowledge, endorsement,
1843 and skills tests for an applicant who is otherwise qualified and
1844 who surrenders a valid driver license from another state or a
1845 province of Canada, or a valid driver license issued by the
1846 United States Armed Forces, if the driver applies for a Florida
1847 license of an equal or lesser classification. An Any applicant
1848 who fails to pass the initial knowledge test incurs a $10 fee
1849 for each subsequent test, to be deposited into the Highway
1850 Safety Operating Trust Fund; however, if a subsequent test is
1851 administered by the tax collector, the tax collector shall
1852 retain the $10 fee, less the General Revenue Service Charge set
1853 forth in s. 215.20(1). An Any applicant who fails to pass the
1854 initial skills test incurs a $20 fee for each subsequent test,
1855 to be deposited into the Highway Safety Operating Trust Fund;
1856 however, if a subsequent test is administered by the tax
1857 collector, the tax collector shall retain the $20 fee, less the
1858 General Revenue Service Charge set forth in s. 215.20(1). A
1859 person who seeks to retain a hazardous-materials endorsement,
1860 pursuant to s. 322.57(1)(e), must pass the hazardous-materials
1861 test, upon surrendering his or her commercial driver license, if
1862 the person has not taken and passed the hazardous-materials test
1863 within 2 years before applying for a commercial driver license
1864 in this state.
1865 (5)(a) The department shall formulate a separate
1866 examination for applicants for licenses to operate motorcycles.
1867 Any applicant for a driver license who wishes to operate a
1868 motorcycle, and who is otherwise qualified, must successfully
1869 complete such an examination, which is in addition to the
1870 examination administered under subsection (3). The examination
1871 must test the applicant’s knowledge of the operation of a
1872 motorcycle and of any traffic laws specifically relating thereto
1873 and must include an actual demonstration of his or her ability
1874 to exercise ordinary and reasonable control in the operation of
1875 a motorcycle. Any applicant who fails to pass the initial
1876 knowledge examination will incur a $5 fee for each subsequent
1877 examination, to be deposited into the Highway Safety Operating
1878 Trust Fund. Any applicant who fails to pass the initial skills
1879 examination will incur a $10 fee for each subsequent
1880 examination, to be deposited into the Highway Safety Operating
1881 Trust Fund. In the formulation of the examination, the
1882 department shall consider the use of the Motorcycle Operator
1883 Skills Test and the Motorcycle in Traffic Test offered by the
1884 Motorcycle Safety Foundation. The department shall indicate on
1885 the license of any person who successfully completes the
1886 examination that the licensee is authorized to operate a
1887 motorcycle. If the applicant wishes to be licensed to operate a
1888 motorcycle only, he or she need not take the skill or road test
1889 required under subsection (3) for the operation of a motor
1890 vehicle, and the department shall indicate such a limitation on
1891 his or her license as a restriction. Every first-time applicant
1892 for licensure to operate a motorcycle must provide proof of
1893 completion of a motorcycle safety course, as provided for in s.
1894 322.0255, before the applicant may be licensed to operate a
1895 motorcycle.
1896 (b) The department may exempt any applicant from the
1897 examination provided in this subsection if the applicant
1898 presents a certificate showing successful completion of a course
1899 approved by the department, which course includes a similar
1900 examination of the knowledge and skill of the applicant in the
1901 operation of a motorcycle.
1902 (c) This subsection does not apply to the operation of an
1903 autocycle.
1904 Section 36. Paragraph (d) is added to subsection (1) of
1905 section 322.135, Florida Statutes, to read:
1906 322.135 Driver license agents.—
1907 (1) The department shall, upon application, authorize by
1908 interagency agreement any or all of the tax collectors who are
1909 constitutional officers under s. 1(d), Art. VIII of the State
1910 Constitution in the several counties of the state, subject to
1911 the requirements of law, in accordance with rules of the
1912 department, to serve as its agent for the provision of specified
1913 driver license services.
1914 (d) Each tax collector shall provide the same driver
1915 license services in office to residents of other counties that
1916 it provides for residents of its home county.
1917 Section 37. Paragraph (b) of subsection (1) of section
1918 322.17, Florida Statutes, is amended to read:
1919 322.17 Replacement licenses, identification cards, and
1920 permits.—
1921 (1)
1922 (b) In the event that an instruction permit, or driver
1923 license, or identification card issued under the provisions of
1924 this chapter is stolen, the person to whom the same was issued
1925 may, at no charge, obtain a replacement upon furnishing proof
1926 satisfactory to the department that such permit, or license, or
1927 identification card was stolen and further furnishing the
1928 person’s full name, date of birth, sex, residence and mailing
1929 address, proof of birth satisfactory to the department, and
1930 proof of identity satisfactory to the department.
1931 Section 38. Paragraphs (e) and (i) of subsection (1) and
1932 subsection (8) of section 322.21, Florida Statutes, are amended,
1933 and subsection (10) is added to that section, to read:
1934 322.21 License fees; procedure for handling and collecting
1935 fees.—
1936 (1) Except as otherwise provided herein, the fee for:
1937 (e) A replacement driver license issued pursuant to s.
1938 322.17 is $25. Of this amount, $7 shall be deposited into the
1939 Highway Safety Operating Trust Fund and $18 shall be deposited
1940 into the General Revenue Fund. Beginning July 1, 2015, or upon
1941 completion of the transition of driver license issuance
1942 services, If the replacement driver license is issued by the tax
1943 collector, the tax collector shall retain the $7 that would
1944 otherwise be deposited into the Highway Safety Operating Trust
1945 Fund and the remaining revenues shall be deposited into the
1946 General Revenue Fund.
1947 (i) The specialty driver license or identification card
1948 issued pursuant to s. 322.1415 is $25, which is in addition to
1949 other fees required in this section. The fee shall be
1950 distributed as follows:
1951 1. Fifty percent shall be distributed as provided in s.
1952 320.08058 to the appropriate state or independent university,
1953 professional sports team, or branch of the United States Armed
1954 Forces.
1955 2. Fifty percent shall be distributed to the department for
1956 costs directly related to the specialty driver license and
1957 identification card program and to defray the costs associated
1958 with production enhancements and distribution.
1959 (8) A Any person who applies for reinstatement following
1960 the suspension or revocation of the person’s driver license must
1961 pay a service fee of $45 following a suspension, and $75
1962 following a revocation, which is in addition to the fee for a
1963 license. A Any person who applies for reinstatement of a
1964 commercial driver license following the disqualification of the
1965 person’s privilege to operate a commercial motor vehicle shall
1966 pay a service fee of $75, which is in addition to the fee for a
1967 license. The department shall collect all of these fees at the
1968 time of reinstatement. The department shall issue proper
1969 receipts for such fees and shall promptly transmit all funds
1970 received by it as follows:
1971 (a) Of the $45 fee received from a licensee for
1972 reinstatement following a suspension:
1973 1. If the reinstatement is processed by the department, the
1974 department shall deposit $15 in the General Revenue Fund and $30
1975 in the Highway Safety Operating Trust Fund.
1976 2. If the reinstatement is processed by the tax collector,
1977 $15, less the General Revenue Service Charge set forth in s.
1978 215.20(1), shall be retained by the tax collector, $15 shall be
1979 deposited into the Highway Safety Operating Trust Fund, and $15
1980 shall be deposited into the General Revenue Fund.
1981 (b) Of the $75 fee received from a licensee for
1982 reinstatement following a revocation or disqualification:
1983 1. If the reinstatement is processed by the department, the
1984 department shall deposit $35 in the General Revenue Fund and $40
1985 in the Highway Safety Operating Trust Fund.
1986 2. If the reinstatement is processed by the tax collector,
1987 $20, less the General Revenue Service Charge set forth in s.
1988 215.20(1), shall be retained by the tax collector, $20 shall be
1989 deposited into the Highway Safety Operating Trust Fund, and $35
1990 shall be deposited into the General Revenue Fund.
1991
1992 If the revocation or suspension of the driver license was for a
1993 violation of s. 316.193, or for refusal to submit to a lawful
1994 breath, blood, or urine test, an additional fee of $130 must be
1995 charged. However, only one $130 fee may be collected from one
1996 person convicted of violations arising out of the same incident.
1997 The department shall collect the $130 fee and deposit the fee
1998 into the Highway Safety Operating Trust Fund at the time of
1999 reinstatement of the person’s driver license, but the fee may
2000 not be collected if the suspension or revocation is overturned.
2001 If the revocation or suspension of the driver license was for a
2002 conviction for a violation of s. 817.234(8) or (9) or s.
2003 817.505, an additional fee of $180 is imposed for each offense.
2004 The department shall collect and deposit the additional fee into
2005 the Highway Safety Operating Trust Fund at the time of
2006 reinstatement of the person’s driver license.
2007 (10) An applicant who submits an application for a renewal
2008 or replacement driver license or identification card to the
2009 department using a convenience service shall be provided with an
2010 option for expedited shipping whereby the department, at the
2011 applicant’s request, shall issue the license or identification
2012 card within 5 working days after receipt of the application and
2013 ship the license or card using an expedited mail service. A fee
2014 shall be charged for the expedited shipping option, not to
2015 exceed the cost of the expedited mail service, which is in
2016 addition to fees imposed by s. 322.051, this section, or the
2017 convenience service. Fees collected for the expedited shipping
2018 option shall be deposited into the Highway Safety Operating
2019 Trust Fund.
2020 Section 39. Subsection (1) of section 322.61, Florida
2021 Statutes, is amended, and subsection (2) of that section is
2022 reenacted, to read:
2023 322.61 Disqualification from operating a commercial motor
2024 vehicle.—
2025 (1) A person who, for offenses occurring within a 3-year
2026 period, is convicted of two of the following serious traffic
2027 violations, or any combination thereof, arising in separate
2028 incidents committed in a commercial motor vehicle shall, in
2029 addition to any other applicable penalties, be disqualified from
2030 operating a commercial motor vehicle for a period of 60 days. A
2031 holder of a commercial driver license or commercial learner’s
2032 permit who, for offenses occurring within a 3-year period, is
2033 convicted of two of the following serious traffic violations, or
2034 any combination thereof, arising in separate incidents committed
2035 in a noncommercial motor vehicle shall, in addition to any other
2036 applicable penalties, be disqualified from operating a
2037 commercial motor vehicle for a period of 60 days if such
2038 convictions result in the suspension, revocation, or
2039 cancellation of the licenseholder’s driving privilege:
2040 (a) A violation of any state or local law relating to motor
2041 vehicle traffic control, other than a parking violation, arising
2042 in connection with a crash resulting in death;
2043 (b) Reckless driving, as defined in s. 316.192;
2044 (c) Unlawful speed of 15 miles per hour or more above the
2045 posted speed limit;
2046 (d) Improper lane change, as defined in s. 316.085;
2047 (e) Following too closely, as defined in s. 316.0895;
2048 (f) Texting while driving a commercial motor vehicle, as
2049 prohibited by 49 C.F.R. 392.80;
2050 (g) Using a handheld mobile telephone while driving a
2051 commercial motor vehicle, as prohibited by 49 C.F.R. 392.82;
2052 (h)(f) Driving a commercial vehicle without obtaining a
2053 commercial driver license;
2054 (i)(g) Driving a commercial vehicle without the proper
2055 class of commercial driver license or commercial learner’s
2056 permit or without the proper endorsement; or
2057 (j)(h) Driving a commercial vehicle without a commercial
2058 driver license or commercial learner’s permit in possession, as
2059 required by s. 322.03.
2060 (2)(a) Any person who, for offenses occurring within a 3
2061 year period, is convicted of three serious traffic violations
2062 specified in subsection (1) or any combination thereof, arising
2063 in separate incidents committed in a commercial motor vehicle
2064 shall, in addition to any other applicable penalties, including
2065 but not limited to the penalty provided in subsection (1), be
2066 disqualified from operating a commercial motor vehicle for a
2067 period of 120 days.
2068 (b) A holder of a commercial driver license or commercial
2069 learner’s permit who, for offenses occurring within a 3-year
2070 period, is convicted of three serious traffic violations
2071 specified in subsection (1) or any combination thereof arising
2072 in separate incidents committed in a noncommercial motor vehicle
2073 shall, in addition to any other applicable penalties, including,
2074 but not limited to, the penalty provided in subsection (1), be
2075 disqualified from operating a commercial motor vehicle for a
2076 period of 120 days if such convictions result in the suspension,
2077 revocation, or cancellation of the licenseholder’s driving
2078 privilege.
2079 Section 40. Section 324.031, Florida Statutes, is amended
2080 to read:
2081 324.031 Manner of proving financial responsibility.—The
2082 owner or operator of a taxicab, limousine, jitney, or any other
2083 for-hire passenger transportation vehicle may prove financial
2084 responsibility by providing satisfactory evidence of holding a
2085 motor vehicle liability policy as defined in s. 324.021(8) or s.
2086 324.151, which policy is provided by an insurer authorized to do
2087 business in this state issued by an insurance carrier which is a
2088 member of the Florida Insurance Guaranty Association or is an
2089 eligible nonadmitted insurer that has a superior, excellent,
2090 exceptional, or equivalent financial strength rating by a rating
2091 agency acceptable to the Office of Insurance Regulation of the
2092 Financial Services Commission. The operator or owner of any
2093 other vehicle may prove his or her financial responsibility by:
2094 (1) Furnishing satisfactory evidence of holding a motor
2095 vehicle liability policy as defined in ss. 324.021(8) and
2096 324.151;
2097 (2) Furnishing a certificate of self-insurance showing a
2098 deposit of cash in accordance with s. 324.161; or
2099 (3) Furnishing a certificate of self-insurance issued by
2100 the department in accordance with s. 324.171.
2101
2102 Any person, including any firm, partnership, association,
2103 corporation, or other person, other than a natural person,
2104 electing to use the method of proof specified in subsection (2)
2105 shall furnish a certificate of deposit equal to the number of
2106 vehicles owned times $30,000, to a maximum of $120,000; in
2107 addition, any such person, other than a natural person, shall
2108 maintain insurance providing coverage in excess of limits of
2109 $10,000/20,000/10,000 or $30,000 combined single limits, and
2110 such excess insurance shall provide minimum limits of
2111 $125,000/250,000/50,000 or $300,000 combined single limits.
2112 These increased limits shall not affect the requirements for
2113 proving financial responsibility under s. 324.032(1).
2114 Section 41. Paragraph (a) of subsection (2) of section
2115 715.07, Florida Statutes, is amended, and paragraph (b) of
2116 subsection (5) of that section is republished, to read:
2117 715.07 Vehicles or vessels parked on private property;
2118 towing.—
2119 (2) The owner or lessee of real property, or any person
2120 authorized by the owner or lessee, which person may be the
2121 designated representative of the condominium association if the
2122 real property is a condominium, may cause any vehicle or vessel
2123 parked on such property without her or his permission to be
2124 removed by a person regularly engaged in the business of towing
2125 vehicles or vessels, without liability for the costs of removal,
2126 transportation, or storage or damages caused by such removal,
2127 transportation, or storage, under any of the following
2128 circumstances:
2129 (a) The towing or removal of any vehicle or vessel from
2130 private property without the consent of the registered owner or
2131 other legally authorized person in control of that vehicle or
2132 vessel is subject to strict compliance with the following
2133 conditions and restrictions:
2134 1.a. Any towed or removed vehicle or vessel must be stored
2135 at a site within a 10-mile radius of the point of removal in any
2136 county of 500,000 population or more, and within a 15-mile
2137 radius of the point of removal in any county of less than
2138 500,000 population. That site must be open for the purpose of
2139 redemption of vehicles on any day that the person or firm towing
2140 such vehicle or vessel is open for towing purposes, from 8:00
2141 a.m. to 6:00 p.m., and, when closed, shall have prominently
2142 posted a sign indicating a telephone number where the operator
2143 of the site can be reached at all times. Upon receipt of a
2144 telephoned request to open the site to redeem a vehicle or
2145 vessel, the operator shall return to the site within 1 hour or
2146 she or he will be in violation of this section.
2147 b. If no towing business providing such service is located
2148 within the area of towing limitations set forth in sub
2149 subparagraph a., the following limitations apply: any towed or
2150 removed vehicle or vessel must be stored at a site within a 20
2151 mile radius of the point of removal in any county of 500,000
2152 population or more, and within a 30-mile radius of the point of
2153 removal in any county of less than 500,000 population.
2154 2. The person or firm towing or removing the vehicle or
2155 vessel shall, within 30 minutes after completion of such towing
2156 or removal, notify the municipal police department or, in an
2157 unincorporated area, the sheriff, of such towing or removal, the
2158 storage site, the time the vehicle or vessel was towed or
2159 removed, and the make, model, color, and license plate number of
2160 the vehicle or description and registration number of the vessel
2161 and shall obtain the name of the person at that department to
2162 whom such information was reported and note that name on the
2163 trip record.
2164 3. A person in the process of towing or removing a vehicle
2165 or vessel from the premises or parking lot in which the vehicle
2166 or vessel is not lawfully parked must stop when a person seeks
2167 the return of the vehicle or vessel. The vehicle or vessel must
2168 be returned upon the payment of a reasonable service fee of not
2169 more than one-half of the posted rate for the towing or removal
2170 service as provided in subparagraph 6. The vehicle or vessel may
2171 be towed or removed if, after a reasonable opportunity, the
2172 owner or legally authorized person in control of the vehicle or
2173 vessel is unable to pay the service fee. If the vehicle or
2174 vessel is redeemed, a detailed signed receipt must be given to
2175 the person redeeming the vehicle or vessel.
2176 4. A person may not pay or accept money or other valuable
2177 consideration for the privilege of towing or removing vehicles
2178 or vessels from a particular location.
2179 5. Except for property appurtenant to and obviously a part
2180 of a single-family residence, and except for instances when
2181 notice is personally given to the owner or other legally
2182 authorized person in control of the vehicle or vessel that the
2183 area in which that vehicle or vessel is parked is reserved or
2184 otherwise unavailable for unauthorized vehicles or vessels and
2185 that the vehicle or vessel is subject to being removed at the
2186 owner’s or operator’s expense, any property owner or lessee, or
2187 person authorized by the property owner or lessee, prior to
2188 towing or removing any vehicle or vessel from private property
2189 without the consent of the owner or other legally authorized
2190 person in control of that vehicle or vessel, must post a notice
2191 meeting the following requirements:
2192 a. The notice must be prominently placed at each driveway
2193 access or curb cut allowing vehicular access to the property,
2194 within 5 feet from the public right-of-way line. If there are no
2195 curbs or access barriers, the signs must be posted not less than
2196 one sign for each 25 feet of lot frontage.
2197 b. The notice must clearly indicate, in not less than 2
2198 inch high, light-reflective letters on a contrasting background,
2199 that unauthorized vehicles will be towed away at the owner’s
2200 expense. The words “tow-away zone” must be included on the sign
2201 in not less than 4-inch high letters.
2202 c. The notice must also provide the name and current
2203 telephone number of the person or firm towing or removing the
2204 vehicles or vessels.
2205 d. The sign structure containing the required notices must
2206 be permanently installed with the words “tow-away zone” not less
2207 than 3 feet and not more than 6 feet above ground level and must
2208 be continuously maintained on the property for not less than 24
2209 hours prior to the towing or removal of any vehicles or vessels.
2210 e. The local government may require permitting and
2211 inspection of these signs prior to any towing or removal of
2212 vehicles or vessels being authorized.
2213 f. A business with 20 or fewer parking spaces satisfies the
2214 notice requirements of this subparagraph by prominently
2215 displaying a sign stating “Reserved Parking for Customers Only
2216 Unauthorized Vehicles or Vessels Will be Towed Away At the
2217 Owner’s Expense” in not less than 4-inch high, light-reflective
2218 letters on a contrasting background.
2219 g. A property owner towing or removing vessels from real
2220 property must post notice, consistent with the requirements in
2221 sub-subparagraphs a.-f., which apply to vehicles, that
2222 unauthorized vehicles or vessels will be towed away at the
2223 owner’s expense.
2224
2225 A business owner or lessee may authorize the removal of a
2226 vehicle or vessel by a towing company when the vehicle or vessel
2227 is parked in such a manner that restricts the normal operation
2228 of business; and if a vehicle or vessel parked on a public
2229 right-of-way obstructs access to a private driveway the owner,
2230 lessee, or agent may have the vehicle or vessel removed by a
2231 towing company upon signing an order that the vehicle or vessel
2232 be removed without a posted tow-away zone sign.
2233 6. Any person or firm that tows or removes vehicles or
2234 vessels and proposes to require an owner, operator, or person in
2235 control of a vehicle or vessel to pay the costs of towing and
2236 storage prior to redemption of the vehicle or vessel must file
2237 and keep on record with the local law enforcement agency a
2238 complete copy of the current rates to be charged for such
2239 services and post at the storage site an identical rate schedule
2240 and any written contracts with property owners, lessees, or
2241 persons in control of property which authorize such person or
2242 firm to remove vehicles or vessels as provided in this section.
2243 7. Any person or firm towing or removing any vehicles or
2244 vessels from private property without the consent of the owner
2245 or other legally authorized person in control of the vehicles or
2246 vessels shall, on any trucks, wreckers as defined in s.
2247 713.78(1)(c), or other vehicles used in the towing or removal,
2248 have the name, address, and telephone number of the company
2249 performing such service clearly printed in contrasting colors on
2250 the driver and passenger sides of the vehicle. The name shall be
2251 in at least 3-inch permanently affixed letters, and the address
2252 and telephone number shall be in at least 1-inch permanently
2253 affixed letters.
2254 8. Vehicle entry for the purpose of removing the vehicle or
2255 vessel shall be allowed with reasonable care on the part of the
2256 person or firm towing the vehicle or vessel. Such person or firm
2257 shall be liable for any damage occasioned to the vehicle or
2258 vessel if such entry is not in accordance with the standard of
2259 reasonable care.
2260 9. When a vehicle or vessel has been towed or removed
2261 pursuant to this section, it must be released to its owner or a
2262 person in custody or control of the vehicle or vessel, which
2263 includes, but is not limited to, a person in possession of the
2264 keys to the vehicle or vessel or a person in possession of a
2265 signed letter from the owner, custodian within 1 one hour after
2266 requested. The release of the vehicle does not require an
2267 original signed letter. Facsimiles, e-mails, or other electronic
2268 transmissions must be accepted as forms of authorization to
2269 release a vehicle or vessel. Proof of ownership is not required
2270 as a means to release a vehicle or vessel. A Any vehicle or
2271 vessel owner or a person in custody or control of the vehicle or
2272 vessel agent shall have the right to inspect the vehicle or
2273 vessel before accepting its return, and no release or waiver of
2274 any kind which would release the person or firm towing the
2275 vehicle or vessel from liability for damages noted by the owner
2276 or other legally authorized person at the time of the redemption
2277 may be required from any vehicle or vessel owner, custodian, or
2278 person in custody or control of the vehicle or vessel agent as a
2279 condition of release of the vehicle or vessel to its owner or
2280 person in custody or control of the vehicle or vessel. A
2281 detailed, signed receipt showing the legal name of the company
2282 or person towing or removing the vehicle or vessel must be given
2283 to the person paying towing or storage charges at the time of
2284 payment, whether requested or not.
2285 (5)
2286 (b) Any person who violates subparagraph (2)(a)1.,
2287 subparagraph (2)(a)3., subparagraph (2)(a)4., subparagraph
2288 (2)(a)7., or subparagraph (2)(a)9. commits a felony of the third
2289 degree, punishable as provided in s. 775.082, s. 775.083, or s.
2290 775.084.
2291 Section 42. Paragraph (a) of subsection (2) of section
2292 812.014, Florida Statutes, is amended to read:
2293 812.014 Theft.—
2294 (2)(a)1. If the property stolen is valued at $100,000 or
2295 more or is a semitrailer that was deployed by a law enforcement
2296 officer; or
2297 2. If the property stolen is cargo valued at $50,000 or
2298 more that has entered the stream of interstate or intrastate
2299 commerce from the shipper’s loading platform to the consignee’s
2300 receiving dock; or
2301 3. If the offender commits any grand theft and:
2302 a. In the course of committing the offense the offender
2303 uses a motor vehicle as an instrumentality, other than merely as
2304 a getaway vehicle, to assist in committing the offense and
2305 thereby damages the real property of another; or
2306 b. In the course of committing the offense the offender
2307 causes damage to the real or personal property of another in
2308 excess of $1,000; or
2309 c. In the course of committing the offense the offender
2310 uses any type of device to defeat, block, disable, jam, or
2311 interfere with a global positioning system or similar system
2312 designed to identify the location of the cargo or the vehicle or
2313 trailer carrying the cargo,
2314
2315 the offender commits grand theft in the first degree, punishable
2316 as a felony of the first degree, as provided in s. 775.082, s.
2317 775.083, or s. 775.084.
2318 Section 43. Paragraph (c) of subsection (1) of section
2319 212.05, Florida Statutes, is amended to read:
2320 212.05 Sales, storage, use tax.—It is hereby declared to be
2321 the legislative intent that every person is exercising a taxable
2322 privilege who engages in the business of selling tangible
2323 personal property at retail in this state, including the
2324 business of making mail order sales, or who rents or furnishes
2325 any of the things or services taxable under this chapter, or who
2326 stores for use or consumption in this state any item or article
2327 of tangible personal property as defined herein and who leases
2328 or rents such property within the state.
2329 (1) For the exercise of such privilege, a tax is levied on
2330 each taxable transaction or incident, which tax is due and
2331 payable as follows:
2332 (c) At the rate of 6 percent of the gross proceeds derived
2333 from the lease or rental of tangible personal property, as
2334 defined herein; however, the following special provisions apply
2335 to the lease or rental of motor vehicles:
2336 1. When a motor vehicle is leased or rented for a period of
2337 less than 12 months:
2338 a. If the motor vehicle is rented in Florida, the entire
2339 amount of such rental is taxable, even if the vehicle is dropped
2340 off in another state.
2341 b. If the motor vehicle is rented in another state and
2342 dropped off in Florida, the rental is exempt from Florida tax.
2343 2. Except as provided in subparagraph 3., for the lease or
2344 rental of a motor vehicle for a period of not less than 12
2345 months, sales tax is due on the lease or rental payments if the
2346 vehicle is registered in this state; provided, however, that no
2347 tax shall be due if the taxpayer documents use of the motor
2348 vehicle outside this state and tax is being paid on the lease or
2349 rental payments in another state.
2350 3. The tax imposed by this chapter does not apply to the
2351 lease or rental of a commercial motor vehicle as defined in s.
2352 316.003(13)(a) s. 316.003(12)(a) to one lessee or rentee for a
2353 period of not less than 12 months when tax was paid on the
2354 purchase price of such vehicle by the lessor. To the extent tax
2355 was paid with respect to the purchase of such vehicle in another
2356 state, territory of the United States, or the District of
2357 Columbia, the Florida tax payable shall be reduced in accordance
2358 with the provisions of s. 212.06(7). This subparagraph shall
2359 only be available when the lease or rental of such property is
2360 an established business or part of an established business or
2361 the same is incidental or germane to such business.
2362 Section 44. Subsection (1) of section 316.303, Florida
2363 Statutes, is amended to read:
2364 316.303 Television receivers.—
2365 (1) No motor vehicle may be operated on the highways of
2366 this state if the vehicle is actively displaying moving
2367 television broadcast or pre-recorded video entertainment content
2368 that is visible from the driver’s seat while the vehicle is in
2369 motion, unless the vehicle is equipped with autonomous
2370 technology, as defined in s. 316.003(3) s. 316.003(2), and is
2371 being operated in autonomous mode, as provided in s. 316.85(2).
2372 Section 45. Paragraph (b) of subsection (2) of section
2373 316.545, Florida Statutes, is amended to read:
2374 316.545 Weight and load unlawful; special fuel and motor
2375 fuel tax enforcement; inspection; penalty; review.—
2376 (2)
2377 (b) The officer or inspector shall inspect the license
2378 plate or registration certificate of the commercial vehicle to
2379 determine whether its gross weight is in compliance with the
2380 declared gross vehicle weight. If its gross weight exceeds the
2381 declared weight, the penalty shall be 5 cents per pound on the
2382 difference between such weights. In those cases when the
2383 commercial vehicle is being operated over the highways of the
2384 state with an expired registration or with no registration from
2385 this or any other jurisdiction or is not registered under the
2386 applicable provisions of chapter 320, the penalty herein shall
2387 apply on the basis of 5 cents per pound on that scaled weight
2388 which exceeds 35,000 pounds on laden truck tractor-semitrailer
2389 combinations or tandem trailer truck combinations, 10,000 pounds
2390 on laden straight trucks or straight truck-trailer combinations,
2391 or 10,000 pounds on any unladen commercial motor vehicle. A
2392 driver of a commercial motor vehicle entering the state at a
2393 designated port-of-entry location, as defined in s. 316.003 s.
2394 316.003(54), or operating on designated routes to a port-of
2395 entry location, who obtains a temporary registration permit
2396 shall be assessed a penalty limited to the difference between
2397 its gross weight and the declared gross vehicle weight at 5
2398 cents per pound. If the license plate or registration has not
2399 been expired for more than 90 days, the penalty imposed under
2400 this paragraph may not exceed $1,000. In the case of special
2401 mobile equipment, which qualifies for the license tax provided
2402 for in s. 320.08(5)(b), being operated on the highways of the
2403 state with an expired registration or otherwise not properly
2404 registered under the applicable provisions of chapter 320, a
2405 penalty of $75 shall apply in addition to any other penalty
2406 which may apply in accordance with this chapter. A vehicle found
2407 in violation of this section may be detained until the owner or
2408 operator produces evidence that the vehicle has been properly
2409 registered. Any costs incurred by the retention of the vehicle
2410 shall be the sole responsibility of the owner. A person who has
2411 been assessed a penalty pursuant to this paragraph for failure
2412 to have a valid vehicle registration certificate pursuant to the
2413 provisions of chapter 320 is not subject to the delinquent fee
2414 authorized in s. 320.07 if such person obtains a valid
2415 registration certificate within 10 working days after such
2416 penalty was assessed.
2417 Section 46. Paragraph (a) of subsection (2) of section
2418 316.613, Florida Statutes, is amended to read:
2419 316.613 Child restraint requirements.—
2420 (2) As used in this section, the term “motor vehicle” means
2421 a motor vehicle as defined in s. 316.003 that is operated on the
2422 roadways, streets, and highways of the state. The term does not
2423 include:
2424 (a) A school bus as defined in s. 316.003 s. 316.003(68).
2425 Section 47. Subsection (1) of section 655.960, Florida
2426 Statutes, is amended to read:
2427 655.960 Definitions; ss. 655.960-655.965.—As used in this
2428 section and ss. 655.961-655.965, unless the context otherwise
2429 requires:
2430 (1) “Access area” means any paved walkway or sidewalk which
2431 is within 50 feet of any automated teller machine. The term does
2432 not include any street or highway open to the use of the public,
2433 as defined in s. 316.003(78)(a) or (b) s. 316.003(77)(a) or (b),
2434 including any adjacent sidewalk, as defined in s. 316.003.
2435 Section 48. The amendments made by this act to s. 318.18,
2436 Florida Statutes, shall apply upon the adoption by rule of
2437 uniform traffic citation forms. The Department of Highway Safety
2438 and Motor Vehicles shall notify the Division of Law Revision and
2439 Information upon the adoption of such forms.
2440 Section 49. Except as otherwise provided in this act, this
2441 act shall take effect October 1, 2017.
2442
2443 ================= T I T L E A M E N D M E N T ================
2444 And the title is amended as follows:
2445 Delete everything before the enacting clause
2446 and insert:
2447 A bill to be entitled
2448 An act relating to motor vehicles; amending s.
2449 316.003, F.S.; defining the term “autocycle”;
2450 redefining the term “motorcycle”; conforming a cross-
2451 reference; amending s. 316.193, F.S.; authorizing a
2452 court to order placement of an ignition interlock
2453 device as a condition of probation, subject to certain
2454 requirements; authorizing the court to withhold
2455 adjudication if a person convicted of a certain
2456 offense voluntarily places, or if the court orders
2457 placement of, an ignition interlock device, under
2458 certain circumstances; providing that failure of the
2459 person to comply with the full terms of the order
2460 requiring placement of an ignition interlock device
2461 may result in the court ordering an adjudication of
2462 guilt; defining the term “conviction”; amending s.
2463 316.1937, F.S.; requiring a court that imposes the use
2464 of an ignition interlock device to provide certain
2465 discounts on the monthly leasing fee for the device,
2466 if the person documents that he or she meets certain
2467 income requirements; waiving costs associated with
2468 installation and removal of the device in certain
2469 circumstances; amending ss. 316.2397 and 316.2398,
2470 F.S.; prohibiting vehicles or equipment from showing
2471 or displaying red and white lights while being driven
2472 or moved; authorizing firefighters to use or display
2473 red and white lights under certain circumstances;
2474 authorizing active volunteer firefighters to display
2475 red and white warning signals under certain
2476 circumstances; amending s. 316.302, F.S.; revising
2477 provisions relating to federal regulations to which
2478 owners and drivers of commercial motor vehicles are
2479 subject; delaying the requirement for electronic
2480 logging devices and hours of service support documents
2481 for intrastate motor carriers; terminating the maximum
2482 amount of a civil penalty for falsification of
2483 information on certain time records; deleting the
2484 requirement that a motor carrier maintain
2485 documentation of a driver’s driving times throughout a
2486 duty period if the driver is not released from duty
2487 within a specified period; providing an exemption from
2488 specified rules and regulations for a person who
2489 operates a commercial motor vehicle with a declared
2490 gross vehicle weight, gross vehicle weight rating, and
2491 gross combined weight rating of less than a specified
2492 amount under certain circumstances; amending s.
2493 316.3025, F.S.; conforming provisions to changes made
2494 by the act; amending s. 316.614, F.S.; redefining the
2495 term “motor vehicle”; prohibiting a person from
2496 operating an autocycle unless certain safety belt or
2497 child restraint device requirements are met; amending
2498 s. 316.85, F.S.; authorizing a person who possesses a
2499 valid driver license to engage autonomous technology
2500 to operate an autonomous vehicle under a specified
2501 circumstance; authorizing a person who does not
2502 possess a valid driver license to engage autonomous
2503 technology to operate an autonomous vehicle in
2504 autonomous mode under certain circumstances; creating
2505 s. 316.851, F.S.; requiring an autonomous vehicle used
2506 by a transportation network company to be covered by
2507 automobile insurance, subject to certain requirements;
2508 requiring an autonomous vehicle used to provide a
2509 transportation service to carry in the vehicle proof
2510 of coverage satisfying certain requirements at all
2511 times while operating in autonomous mode; amending s.
2512 318.18, F.S.; changing the term “construction zone” to
2513 “work zone” as it relates to enhanced penalties for
2514 unlawful speed; amending s. 320.01, F.S.; redefining
2515 the terms “apportionable vehicle” and “motorcycle”;
2516 amending s. 320.02, F.S.; requiring an application
2517 form for motor vehicle registration to include
2518 language authorizing a voluntary contribution to be
2519 distributed to Preserve Vision Florida, rather than to
2520 Prevent Blindness Florida; amending s. 320.03, F.S.;
2521 requiring tax collectors to provide motor vehicle
2522 registration services to residents of other counties;
2523 providing that jurisdiction over the electronic filing
2524 system for use by authorized electronic filing system
2525 agents to process title transactions, derelict motor
2526 vehicle certificates, and certificates of destruction
2527 for derelict and salvage motor vehicles is preempted
2528 to the state; authorizing an entity that, in the
2529 normal course of its business, processes title
2530 transactions, derelict motor vehicle certificates, or
2531 certificates of destruction for derelict or salvage
2532 motor vehicles to be an authorized electronic filing
2533 system agent; authorizing the department to adopt
2534 rules to administer specified provisions; amending s.
2535 320.06, F.S.; providing for future repeal of issuance
2536 of a certain annual license plate and cab card to a
2537 vehicle that has an apportioned registration;
2538 providing requirements, beginning on a specified date,
2539 for license plates, cab cards, and validation stickers
2540 for vehicles registered in accordance with the
2541 International Registration Plan; authorizing a worn or
2542 damaged license plate to be replaced at no charge
2543 under certain circumstances; providing an exception to
2544 the design of dealer license plates for specialty
2545 license plates; amending s. 320.0605, F.S.;
2546 authorizing presentation of electronic documentation
2547 of certain information to a law enforcement officer or
2548 agent of the department; providing construction;
2549 providing liability; revising information required in
2550 such documentation; amending s. 320.0607, F.S.;
2551 providing an exemption, beginning on a specified date,
2552 of a certain fee for vehicles registered under the
2553 International Registration Plan; amending s. 320.0657,
2554 F.S.; providing an exception to the design of fleet
2555 license plates for specialty license plates;
2556 authorizing fleet companies to purchase specialty
2557 license plates in lieu of the standard fleet license
2558 plates for additional specified fees; requiring fleet
2559 companies to be responsible for all costs associated
2560 with the specialty license plate; amending s. 320.08,
2561 F.S.; requiring a truck tractor used within this state
2562 to be eligible for a license plate for a specified fee
2563 under certain circumstances; requiring a truck tractor
2564 or heavy truck, not operated as a for-hire vehicle,
2565 which is engaged exclusively in transporting raw,
2566 unprocessed, and nonmanufactured agricultural or
2567 horticultural products within this state to be
2568 eligible for a restricted license for a certain fee;
2569 authorizing dealers to purchase specialty license
2570 plates in lieu of the standard graphic dealer license
2571 plates for additional specified fees; requiring
2572 dealers to be responsible for all costs associated
2573 with the specialty license plate; conforming cross
2574 references; amending s. 320.08056, F.S.; allowing the
2575 department to authorize dealer and fleet specialty
2576 license plates; authorizing a dealer or fleet company
2577 to purchase specialty license plates to be used on
2578 dealer and fleet vehicles with the permission of the
2579 sponsoring specialty license plate organization;
2580 requiring a dealer or fleet specialty license plate to
2581 include specified letters on the right side of the
2582 license plate; requiring dealer and fleet specialty
2583 license plates to be ordered directly through the
2584 department; deleting the American Red Cross, Donate
2585 Organs-Pass It On, St. Johns River, and Hispanic
2586 Achievers license plates; establishing an annual use
2587 fee for certain specialty license plates; conforming
2588 cross-references; amending s. 320.08058, F.S.;
2589 deleting the American Red Cross, Donate Organs-Pass It
2590 On, St. Johns River, and Hispanic Achievers license
2591 plates; revising the distribution of proceeds for the
2592 Fallen Law Enforcement Officers License Plate;
2593 requiring the Department of Highway Safety and Motor
2594 Vehicles to develop certain specialty license plates;
2595 providing for distribution and use of fees collected
2596 from the sale of the plates; amending s. 320.08068,
2597 F.S.; requiring The Able Trust to distribute a
2598 specified percentage of annual use fees from
2599 motorcycle specialty license plates to Preserve Vision
2600 Florida, rather than to Prevent Blindness Florida;
2601 creating s. 320.0875, F.S.; providing for a motorcycle
2602 special license plate to be issued to a recipient of
2603 the Purple Heart; providing requirements for the
2604 plate; amending s. 320.089, F.S.; providing for a
2605 special license plate to be issued to a recipient of
2606 the Bronze Star; making technical changes; amending s.
2607 320.133, F.S.; defining the term “transporter license
2608 plate eligible business”; providing that a person is
2609 not eligible to purchase or renew a transporter
2610 license plate unless he or she provides certain proof
2611 that his or her business is a transporter license
2612 plate eligible business; providing application and
2613 insurance requirements for qualification as a
2614 transporter license plate eligible business;
2615 authorizing the department to issue a transporter
2616 license plate to an applicant who is not a licensed
2617 dealer and is qualified as a transporter license plate
2618 eligible business, under certain circumstances;
2619 providing that a transporter license plate is valid
2620 only for use on an unregistered motor vehicle in the
2621 possession of the transporter, subject to certain
2622 requirements; providing a criminal penalty for a
2623 person who sells or unlawfully possesses, distributes,
2624 or brokers a transporter license plate to be attached
2625 to any vehicle; providing that transporter license
2626 plates are subject to cancellation by the department;
2627 providing a criminal penalty and disqualification from
2628 transporter license plate usage for a person who
2629 knowingly and willfully sells or unlawfully possesses,
2630 distributes, or brokers a transporter license plate to
2631 avoid registering a vehicle requiring registration,
2632 subject to certain requirements; providing
2633 recordkeeping requirements for a transporter license
2634 plate eligible business; providing a criminal penalty,
2635 cancellation of transporter license plates, and
2636 disqualification from future issuance of the plates
2637 for a violation of such recordkeeping requirements;
2638 requiring a transporter license plate issued under
2639 this section to be accompanied by registration and
2640 proof of insurance when attached to a motor vehicle;
2641 providing a criminal penalty and removal of the
2642 license plate for a person who fails to provide such
2643 documentation; providing an exemption to persons who
2644 contract with dealers and auctions to transport motor
2645 vehicles; conforming provisions to changes made by the
2646 act; providing that an initial registration or renewal
2647 issued under this section is valid for a specified
2648 period; requiring a license plate attached to a motor
2649 vehicle in violation of specified provisions to be
2650 removed by a law enforcement officer and surrendered
2651 to the department by the law enforcement agency for
2652 cancellation; amending s. 320.27, F.S.; revising the
2653 definitions of “motor vehicle dealer” and “motor
2654 vehicle broker”; requiring any person acting in
2655 violation of specified licensing requirements to be
2656 deemed to have committed an unfair and deceptive trade
2657 practice in violation of specified provisions; making
2658 technical changes; amending s. 321.25, F.S.; providing
2659 for reimbursement to the department of tuition and
2660 other course expenses for certain training under
2661 certain circumstances; defining the term “other course
2662 expenses”; authorizing the department to institute a
2663 civil action under certain circumstances; authorizing
2664 the department to waive a person’s requirement of
2665 reimbursement when the person terminates employment
2666 due to hardship or extenuating circumstances; amending
2667 s. 322.01, F.S.; conforming provisions to changes made
2668 by the act; amending s. 322.03, F.S.; authorizing a
2669 person to operate an autocycle without a motorcycle
2670 endorsement; amending s. 322.032, F.S.; requiring the
2671 department, in collaboration with the Agency for State
2672 Technology, to establish and implement certain
2673 protocols and standards related to digital proofs of
2674 driver licenses and to procure an application
2675 programming interface for a specified purpose;
2676 conforming a provision to changes made by the act;
2677 providing construction relating to a person’s
2678 presentation of an electronic device displaying a
2679 digital proof of driver license to a law enforcement
2680 officer; amending s. 322.051, F.S.; revising
2681 eligibility for a “D” designation on an identification
2682 card to include posttraumatic stress disorder or
2683 traumatic brain injury; amending s. 322.08, F.S.;
2684 requiring an application form for an original,
2685 renewal, or replacement driver license or
2686 identification card to include language authorizing a
2687 voluntary contribution to Preserve Vision Florida,
2688 rather than to Prevent Blindness Florida; amending s.
2689 322.091, F.S.; requiring the department to make
2690 available, upon request, a report to each school
2691 district of certain information for each student whose
2692 driving privileges have been suspended under this
2693 section; amending s. 322.12, F.S.; requiring the tax
2694 collector to retain specified fees if a subsequent
2695 knowledge or skills test is administered by the tax
2696 collector; exempting the operation of an autocycle
2697 from certain examination requirements for licenses to
2698 operate motorcycles; amending s. 322.135, F.S.;
2699 requiring tax collectors to provide driver license
2700 services to residents of all counties; amending s.
2701 322.17, F.S.; providing for replacement of a stolen
2702 identification card at no charge, subject to certain
2703 requirements; amending s. 322.21, F.S.; deleting
2704 obsolete provisions; deleting a fee for certain
2705 specialty driver licenses or identification cards;
2706 providing disposition of specified fees for
2707 reinstatement of a driver license following a
2708 suspension, revocation, or disqualification when the
2709 reinstatement is processed by the department or the
2710 tax collector; requiring an applicant who submits an
2711 application for a renewal or replacement driver
2712 license or identification card to the department using
2713 a convenience service to be provided with an option
2714 for expedited shipping, subject to certain
2715 requirements; requiring a fee to be charged for the
2716 expedited shipping option, subject to certain
2717 requirements; providing for disposition of such fee;
2718 amending s. 322.61, F.S.; adding violations for
2719 texting or using a handheld mobile telephone while
2720 driving a commercial motor vehicle as specified
2721 offenses that, in certain circumstances, result in
2722 disqualification from operating a commercial motor
2723 vehicle for a specified period; amending s. 324.031,
2724 F.S.; revising insurer requirements for a motor
2725 vehicle liability policy held by the owner or operator
2726 of a taxicab, limousine, jitney, or any other for-hire
2727 passenger transportation vehicle; amending s. 715.07,
2728 F.S.; revising provisions for release of a towed
2729 vehicle or vessel; amending s. 812.014, F.S.;
2730 providing a criminal penalty for an offender
2731 committing grand theft who uses a device to interfere
2732 with a global positioning or similar system; amending
2733 ss. 212.05, 316.303, 316.545, 316.613, and 655.960,
2734 F.S.; conforming cross-references; providing
2735 applicability of certain changes made by the act;
2736 providing effective dates, one of which is contingent.