Florida Senate - 2017              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 784
       
       
       
       
       
                               Ì314566<Î314566                          
       
       576-04061-17                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; amending s.
    3         316.003, F.S.; defining the term “autocycle”;
    4         redefining the term “motorcycle”; conforming a cross
    5         reference; amending ss. 316.2397 and 316.2398, F.S.;
    6         prohibiting vehicles or equipment from showing or
    7         displaying red and white lights while being driven or
    8         moved; authorizing firefighters to use or display red
    9         and white lights under certain circumstances;
   10         authorizing active volunteer firefighters to display
   11         red and white warning signals under certain
   12         circumstances; amending s. 316.302, F.S.; revising
   13         provisions relating to federal regulations to which
   14         owners and drivers of commercial motor vehicles are
   15         subject; delaying the requirement for electronic
   16         logging devices for intrastate motor carriers;
   17         terminating the maximum amount of a civil penalty for
   18         falsification of information on certain time records;
   19         deleting the requirement that a motor carrier maintain
   20         documentation of a driver’s driving times throughout a
   21         duty period if the driver is not released from duty
   22         within a specified period; providing an exemption from
   23         specified rules and regulations for a person who
   24         operates a commercial motor vehicle with a declared
   25         gross vehicle weight, gross vehicle weight rating, and
   26         gross combined weight rating of less than a specified
   27         amount under certain circumstances; amending s.
   28         316.3025, F.S.; conforming provisions to changes made
   29         by the act; amending s. 316.614, F.S.; redefining the
   30         term “motor vehicle”; prohibiting a person from
   31         operating an autocycle unless certain safety belt or
   32         child restraint device requirements are met; amending
   33         s. 316.85, F.S.; authorizing a person who possesses a
   34         valid driver license to engage autonomous technology
   35         to operate an autonomous vehicle under a specified
   36         circumstance; authorizing a person who does not
   37         possess a valid driver license to engage autonomous
   38         technology to operate an autonomous vehicle in
   39         autonomous mode under certain circumstances; creating
   40         s. 316.851, F.S.; requiring an autonomous vehicle used
   41         by a transportation network company to be covered by
   42         automobile insurance, subject to certain requirements;
   43         requiring an autonomous vehicle used to provide a
   44         transportation service to carry in the vehicle proof
   45         of coverage satisfying certain requirements at all
   46         times while operating in autonomous mode; amending s.
   47         318.1215, F.S.; authorizing a board of county
   48         commissioners to require, by ordinance, that the clerk
   49         of the court collect an additional specified fee with
   50         each criminal, rather than each civil, traffic
   51         penalty; amending s. 318.18, F.S.; changing the term
   52         “construction zone” to “work zone” as it relates to
   53         enhanced penalties for unlawful speed; amending s.
   54         320.01, F.S.; redefining the terms “apportionable
   55         vehicle” and “motorcycle”; amending s. 320.02, F.S.;
   56         requiring an application form for motor vehicle
   57         registration to include language authorizing a
   58         voluntary contribution to be distributed to Preserve
   59         Vision Florida, rather than to Prevent Blindness
   60         Florida; amending s. 320.03, F.S.; requiring tax
   61         collectors to provide motor vehicle registration
   62         services to residents of other counties; providing
   63         that jurisdiction over the electronic filing system
   64         for use by authorized electronic filing system agents
   65         to process title transactions, derelict motor vehicle
   66         certificates, and certificates of destruction for
   67         derelict and salvage motor vehicles is preempted to
   68         the state; authorizing an entity that, in the normal
   69         course of its business, processes title transactions,
   70         derelict motor vehicle certificates, or certificates
   71         of destruction for derelict or salvage motor vehicles
   72         to be an authorized electronic filing system agent;
   73         authorizing the department to adopt rules to
   74         administer specified provisions; amending s. 320.06,
   75         F.S.; providing for future repeal of issuance of a
   76         certain annual license plate and cab card to a vehicle
   77         that has an apportioned registration; providing
   78         requirements, beginning on a specified date, for
   79         license plates, cab cards, and validation stickers for
   80         vehicles registered in accordance with the
   81         International Registration Plan; authorizing a worn or
   82         damaged license plate to be replaced at no charge
   83         under certain circumstances; amending s. 320.0605,
   84         F.S.; authorizing presentation of electronic
   85         documentation of certain information to a law
   86         enforcement officer or agent of the department;
   87         providing construction; providing liability; revising
   88         information required in such documentation; amending
   89         s. 320.0607, F.S.; providing an exemption, beginning
   90         on a specified date, of a certain fee for vehicles
   91         registered under the International Registration Plan;
   92         amending s. 320.08, F.S.; requiring a truck tractor
   93         used within this state to be eligible for a license
   94         plate for a specified fee under certain circumstances;
   95         requiring a truck tractor or heavy truck, not operated
   96         as a for-hire vehicle, which is engaged exclusively in
   97         transporting raw, unprocessed, and nonmanufactured
   98         agricultural or horticultural products within this
   99         state to be eligible for a restricted license for a
  100         certain fee; conforming cross-references; amending s.
  101         320.08056, F.S.; deleting the American Red Cross,
  102         Donate Organs-Pass It On, St. Johns River, and
  103         Hispanic Achievers license plates; conforming cross
  104         references; repealing s. 320.08058(31), (57), (69),
  105         and (70), F.S., relating to the American Red Cross,
  106         Donate Organs-Pass It On, St. Johns River, and
  107         Hispanic Achievers license plates, respectively;
  108         amending s. 320.08068, F.S.; requiring The Able Trust
  109         to distribute a specified percentage of annual use
  110         fees from motorcycle specialty license plates to
  111         Preserve Vision Florida, rather than to Prevent
  112         Blindness Florida; amending s. 320.086, F.S.;
  113         providing that, for purposes of this section, a
  114         trailer is considered a motor vehicle; creating s.
  115         320.0875, F.S.; providing for a motorcycle special
  116         license plate to be issued to a recipient of the
  117         Purple Heart; providing requirements for the plate;
  118         amending s. 320.089, F.S.; providing for a special
  119         license plate to be issued to a recipient of the
  120         Bronze Star; making technical changes; amending s.
  121         320.133, F.S.; defining the term “transporter license
  122         plate eligible business”; providing that a person is
  123         not eligible to purchase or renew a transporter
  124         license plate unless he or she provides certain proof
  125         that his or her business is a transporter license
  126         plate eligible business; providing application and
  127         insurance requirements for qualification as a
  128         transporter license plate eligible business;
  129         authorizing the department to issue a transporter
  130         license plate to an applicant who is not a licensed
  131         dealer and is qualified as a transporter license plate
  132         eligible business, under certain circumstances;
  133         providing that a transporter license plate is valid
  134         only for use on an unregistered motor vehicle in the
  135         possession of the transporter, subject to certain
  136         requirements; providing a criminal penalty for a
  137         person who sells or unlawfully possesses, distributes,
  138         or brokers a transporter license plate to be attached
  139         to any vehicle; providing that transporter license
  140         plates are subject to cancellation by the department;
  141         providing a criminal penalty and disqualification from
  142         transporter license plate usage for a person who
  143         knowingly and willfully sells or unlawfully possesses,
  144         distributes, or brokers a transporter license plate to
  145         avoid registering a vehicle requiring registration,
  146         subject to certain requirements; providing
  147         recordkeeping requirements for a transporter license
  148         plate eligible business; providing a criminal penalty,
  149         cancellation of transporter license plates, and
  150         disqualification from future issuance of the plates
  151         for a violation of such recordkeeping requirements;
  152         requiring a transporter license plate issued under
  153         this section to be accompanied by registration and
  154         proof of insurance when attached to a motor vehicle;
  155         providing a criminal penalty and removal of the
  156         license plate for a person who fails to provide such
  157         documentation; providing an exemption to persons who
  158         contract with dealers and auctions to transport motor
  159         vehicles; conforming provisions to changes made by the
  160         act; providing that an initial registration or renewal
  161         issued under this section is valid for a specified
  162         period; requiring a license plate attached to a motor
  163         vehicle in violation of specified provision to be
  164         removed by a law enforcement officer and surrendered
  165         to the department by the law enforcement agency for
  166         cancellation; amending s. 320.27, F.S.; revising the
  167         definitions of “motor vehicle dealer” and “motor
  168         vehicle broker”; requiring any person acting in
  169         violation of specified licensing requirements to be
  170         deemed to have committed an unfair and deceptive trade
  171         practice in violation of specified provisions; making
  172         technical changes; amending s. 321.25, F.S.; providing
  173         for reimbursement to the department of tuition and
  174         other course expenses for certain training under
  175         certain circumstances; defining the term “other course
  176         expenses”; authorizing the department to institute a
  177         civil action under certain circumstances; authorizing
  178         the department to waive a person’s requirement of
  179         reimbursement when the person terminates employment
  180         due to hardship or extenuating circumstances; amending
  181         s. 322.01, F.S.; conforming provisions to changes made
  182         by the act; amending s. 322.03, F.S.; authorizing a
  183         person to operate an autocycle without a motorcycle
  184         endorsement; amending s. 322.032, F.S.; requiring the
  185         department, in collaboration with the Agency for State
  186         Technology, to establish and implement certain
  187         protocols and standards related to digital proofs of
  188         driver licenses and to procure an application
  189         programming interface for a specified purpose;
  190         conforming a provision to changes made by the act;
  191         providing construction relating to a person’s
  192         presentation of an electronic device displaying a
  193         digital proof of driver license to a law enforcement
  194         officer; amending s. 322.051, F.S.; revising
  195         eligibility for a “D” designation on an identification
  196         card to include posttraumatic stress disorder or
  197         traumatic brain injury; amending s. 322.08, F.S.;
  198         requiring an application form for an original,
  199         renewal, or replacement driver license or
  200         identification card to include language authorizing a
  201         voluntary contribution to Preserve Vision Florida,
  202         rather than to Prevent Blindness Florida; amending s.
  203         322.091, F.S.; requiring the department to make
  204         available, upon request, a report to each school
  205         district of certain information for each student whose
  206         driving privileges have been suspended under this
  207         section; amending s. 322.12, F.S.; requiring the tax
  208         collector to retain specified fees if a subsequent
  209         knowledge or skills test is administered by the tax
  210         collector; exempting the operation of an autocycle
  211         from certain examination requirements for licenses to
  212         operate motorcycles; amending s. 322.135, F.S.;
  213         requiring tax collectors to provide driver license
  214         services to residents of all counties; amending s.
  215         322.17, F.S.; providing for replacement of a stolen
  216         identification card at no charge, subject to certain
  217         requirements; amending s. 322.21, F.S.; deleting
  218         obsolete provisions; deleting a fee for certain
  219         specialty driver licenses or identification cards;
  220         providing disposition of specified fees for
  221         reinstatement of a driver license following a
  222         suspension, revocation, or disqualification when the
  223         reinstatement is processed by the department or the
  224         tax collector; requiring an applicant who submits an
  225         application for a renewal or replacement driver
  226         license or identification card to the department using
  227         a convenience service to be provided with an option
  228         for expedited shipping, subject to certain
  229         requirements; requiring a fee to be charged for the
  230         expedited shipping option, subject to certain
  231         requirements; providing for disposition of such fee;
  232         amending s. 322.61, F.S.; adding violations for
  233         texting or using a handheld mobile telephone while
  234         driving a commercial motor vehicle as specified
  235         offenses that, in certain circumstances, result in
  236         disqualification from operating a commercial motor
  237         vehicle for a specified period; amending s. 324.031,
  238         F.S.; revising insurer requirements for a motor
  239         vehicle liability policy held by the owner or operator
  240         of a taxicab, limousine, jitney, or any other for-hire
  241         passenger transportation vehicle; revising certain
  242         excess insurance minimum limits for an operator or
  243         owner of any other vehicle proving his or her
  244         financial responsibility by furnishing a certain
  245         certificate of self-insurance showing a deposit of
  246         cash; amending s. 877.27, F.S.; prohibiting a person
  247         from using a device prohibited by the Federal
  248         Communications Commission which would cause
  249         interference with the legal use of a global
  250         positioning system to track vehicles; amending ss.
  251         212.05, 316.303, 316.545, 316.613, and 655.960, F.S.;
  252         conforming cross-references; providing applicability
  253         of certain changes made by the act; providing
  254         effective dates, one of which is contingent.
  255          
  256  Be It Enacted by the Legislature of the State of Florida:
  257  
  258         Section 1. Present subsections (2) through (97) of section
  259  316.003, Florida Statutes, are redesignated as subsections (3)
  260  through (98), respectively, a new subsection (2) is added to
  261  that section, and present subsections (41) and (55) of that
  262  section are amended, to read:
  263         316.003 Definitions.—The following words and phrases, when
  264  used in this chapter, shall have the meanings respectively
  265  ascribed to them in this section, except where the context
  266  otherwise requires:
  267         (2) AUTOCYCLE.—A three-wheel motorcycle that has two wheels
  268  in the front and one wheel in the back, is equipped with a roll
  269  cage or roll hoops, safety belts for each occupant, antilock
  270  brakes, a steering wheel, and seating that does not require the
  271  operator to straddle or sit astride it and is manufactured by a
  272  National Highway Traffic Safety Administration registered
  273  manufacturer in accordance with the applicable federal
  274  motorcycle safety standards under 49 C.F.R. part 571.
  275         (42)(41) MOTORCYCLE.—Any motor vehicle that has having a
  276  seat or saddle for the use of the rider which is and designed to
  277  travel on not more than three wheels in contact with the ground,
  278  including an autocycle. The term does not include a tractor, a
  279  moped, or a vehicle in which the operator is enclosed by a cabin
  280  unless the vehicle meets the requirements set forth by the
  281  National Highway Traffic Safety Administration for a motorcycle
  282  but excluding a tractor or a moped.
  283         (56)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
  284  provided in paragraph (78)(b) (77)(b), any privately owned way
  285  or place used for vehicular travel by the owner and those having
  286  express or implied permission from the owner, but not by other
  287  persons.
  288         Section 2. Subsections (1) and (3) of section 316.2397,
  289  Florida Statutes, are amended to read:
  290         316.2397 Certain lights prohibited; exceptions.—
  291         (1) A No person may not shall drive or move or cause to be
  292  moved any vehicle or equipment upon any highway within this
  293  state with a any lamp or device thereon showing or displaying a
  294  red, red and white, or blue light visible from directly in front
  295  thereof except for certain vehicles hereinafter provided in this
  296  section.
  297         (3) Vehicles of the fire department and fire patrol,
  298  including vehicles of volunteer firefighters as permitted under
  299  s. 316.2398, may show or display red, or red and white, lights.
  300  Vehicles of medical staff physicians or technicians of medical
  301  facilities licensed by the state as authorized under s.
  302  316.2398, ambulances as authorized under this chapter, and buses
  303  and taxicabs as authorized under s. 316.2399 may show or display
  304  red lights. Vehicles of the fire department, fire patrol, police
  305  vehicles, and such ambulances and emergency vehicles of
  306  municipal and county departments, public service corporations
  307  operated by private corporations, the Fish and Wildlife
  308  Conservation Commission, the Department of Environmental
  309  Protection, the Department of Transportation, the Department of
  310  Agriculture and Consumer Services, and the Department of
  311  Corrections as are designated or authorized by their respective
  312  department or the chief of police of an incorporated city or any
  313  sheriff of any county may operate emergency lights and sirens in
  314  an emergency. Wreckers, mosquito control fog and spray vehicles,
  315  and emergency vehicles of governmental departments or public
  316  service corporations may show or display amber lights when in
  317  actual operation or when a hazard exists provided they are not
  318  used going to and from the scene of operation or hazard without
  319  specific authorization of a law enforcement officer or law
  320  enforcement agency. Wreckers, flatbed, car carriers, or
  321  rollbacks registered as wreckers pursuant to s. 320.08(5)(d) or
  322  (e) must use amber rotating or flashing lights while performing
  323  recoveries and loading on the roadside day or night, and may use
  324  such lights while towing a vehicle on wheel lifts, slings, or
  325  under reach, flatbeds, car carriers, or rollbacks if the
  326  operator of the wrecker deems such lights necessary. A flatbed,
  327  car carrier, or rollback may not use amber rotating or flashing
  328  lights when hauling a vehicle on the bed unless it creates a
  329  hazard to other motorists because of protruding objects.
  330  Further, escort vehicles may show or display amber lights when
  331  in the actual process of escorting overdimensioned equipment,
  332  material, or buildings as authorized by law. Vehicles owned or
  333  leased by private security agencies may show or display green
  334  and amber lights, with either color being no greater than 50
  335  percent of the lights displayed, while the security personnel
  336  are engaged in security duties on private or public property.
  337         Section 3. Section 316.2398, Florida Statutes, is amended
  338  to read:
  339         316.2398 Display or use of red, or red and white, warning
  340  signals; motor vehicles of volunteer firefighters or medical
  341  staff.—
  342         (1) A privately owned vehicle belonging to an active
  343  firefighter member of a regularly organized volunteer
  344  firefighting company or association, while en route to the fire
  345  station for the purpose of proceeding to the scene of a fire or
  346  other emergency or while en route to the scene of a fire or
  347  other emergency in the line of duty as an active firefighter
  348  member of a regularly organized firefighting company or
  349  association, may display or use red, or red and white, warning
  350  signals. or A privately owned vehicle belonging to a medical
  351  staff physician or technician of a medical facility licensed by
  352  the state, while responding to an emergency in the line of duty,
  353  may display or use red warning signals. Warning signals must be
  354  visible from the front and from the rear of such vehicle,
  355  subject to the following restrictions and conditions:
  356         (a) Red, or red and white, No more than two red warning
  357  signals may be displayed as determined by the responding agency
  358  in order to maintain public safety and the safety of the
  359  responding vehicle occupants.
  360         (b) No inscription of any kind may appear across the face
  361  of the lens of the red, or red and white, warning signal.
  362         (c) In order for an active volunteer firefighter to display
  363  such red, or red and white, warning signals on his or her
  364  vehicle, the volunteer firefighter must first secure a written
  365  permit from the chief executive officers of the firefighting
  366  organization to use the red, or red and white, warning signals,
  367  and this permit must be carried by the volunteer firefighter at
  368  all times while the red, or red and white, warning signals are
  369  displayed.
  370         (2) A It is unlawful for any person who is not an active
  371  firefighter member of a regularly organized volunteer
  372  firefighting company or association or a physician or technician
  373  of the medical staff of a medical facility licensed by the state
  374  may not to display on any motor vehicle owned by him or her, at
  375  any time, any red, or red and white, warning signals as
  376  described in subsection (1).
  377         (3) It is unlawful for An active volunteer firefighter may
  378  not to operate any red, or red and white, warning signals as
  379  authorized in subsection (1), except while en route to the fire
  380  station for the purpose of proceeding to the scene of a fire or
  381  other emergency, or while at or en route to the scene of a fire
  382  or other emergency, in the line of duty.
  383         (4) It is unlawful for A physician or technician of the
  384  medical staff of a medical facility may not to operate any red
  385  warning signals as authorized in subsection (1), except when
  386  responding to an emergency in the line of duty.
  387         (5) A violation of this section is a nonmoving violation,
  388  punishable as provided in chapter 318. In addition, a any
  389  volunteer firefighter who violates this section shall be
  390  dismissed from membership in the firefighting organization by
  391  the chief executive officers thereof.
  392         Section 4. Subsection (1) and paragraphs (a), (c), (d), and
  393  (f) of subsection (2) of section 316.302, Florida Statutes, are
  394  amended to read:
  395         316.302 Commercial motor vehicles; safety regulations;
  396  transporters and shippers of hazardous materials; enforcement.—
  397         (1) Except as otherwise provided in subsection (3):
  398         (a) All owners and drivers of commercial motor vehicles
  399  that are operated on the public highways of this state while
  400  engaged in interstate commerce are subject to the rules and
  401  regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
  402         (b) Except as otherwise provided in this section, all
  403  owners or drivers of commercial motor vehicles that are engaged
  404  in intrastate commerce are subject to the rules and regulations
  405  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
  406  the exception of 49 C.F.R. s. 390.5 as it relates to the
  407  definition of bus, as such rules and regulations existed on
  408  December 31, 2016 2012.
  409         (c) The emergency exceptions provided by 49 C.F.R. s.
  410  392.82 also apply to communications by utility drivers and
  411  utility contractor drivers during a Level 1 activation of the
  412  State Emergency Operations Center, as provided in the Florida
  413  Comprehensive Emergency Management plan, or during a state of
  414  emergency declared by executive order or proclamation of the
  415  Governor.
  416         (d) Except as provided in s. 316.215(5), and except as
  417  provided in s. 316.228 for rear overhang lighting and flagging
  418  requirements for intrastate operations, the requirements of this
  419  section supersede all other safety requirements of this chapter
  420  for commercial motor vehicles.
  421         (e) The requirement for electronic logging devices and
  422  hours of service support documents will not go into effect for
  423  motor carriers engaged in intrastate commerce, not carrying
  424  hazardous materials in amounts that require placards, until
  425  December 31, 2018.
  426         (2)(a) A person who operates a commercial motor vehicle
  427  solely in intrastate commerce not transporting any hazardous
  428  material in amounts that require placarding pursuant to 49
  429  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
  430  and 395.3 395.3(a) and (b).
  431         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  432  operates a commercial motor vehicle solely in intrastate
  433  commerce not transporting any hazardous material in amounts that
  434  require placarding pursuant to 49 C.F.R. part 172 may not drive
  435  after having been on duty more than 70 hours in any period of 7
  436  consecutive days or more than 80 hours in any period of 8
  437  consecutive days if the motor carrier operates every day of the
  438  week. Thirty-four consecutive hours off duty shall constitute
  439  the end of any such period of 7 or 8 consecutive days. This
  440  weekly limit does not apply to a person who operates a
  441  commercial motor vehicle solely within this state while
  442  transporting, during harvest periods, any unprocessed
  443  agricultural products or unprocessed food or fiber that is
  444  subject to seasonal harvesting from place of harvest to the
  445  first place of processing or storage or from place of harvest
  446  directly to market or while transporting livestock, livestock
  447  feed, or farm supplies directly related to growing or harvesting
  448  agricultural products. Upon request of the Department of Highway
  449  Safety and Motor Vehicles, motor carriers shall furnish time
  450  records or other written verification to that department so that
  451  the Department of Highway Safety and Motor Vehicles can
  452  determine compliance with this subsection. These time records
  453  must be furnished to the Department of Highway Safety and Motor
  454  Vehicles within 2 days after receipt of that department’s
  455  request. Falsification of such information is subject to a civil
  456  penalty not to exceed $100. The provisions of This paragraph
  457  does do not apply to operators of farm labor vehicles operated
  458  during a state of emergency declared by the Governor or operated
  459  pursuant to s. 570.07(21), and does do not apply to drivers of
  460  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  461         (d) A person who operates a commercial motor vehicle solely
  462  in intrastate commerce not transporting any hazardous material
  463  in amounts that require placarding pursuant to 49 C.F.R. part
  464  172 within a 150 air-mile radius of the location where the
  465  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
  466  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (e)(1)(iii)(A) and
  467  (C), 395.1(e)(1)(iii) and (e)(1)(v) are met. If a driver is not
  468  released from duty within 12 hours after the driver arrives for
  469  duty, the motor carrier must maintain documentation of the
  470  driver’s driving times throughout the duty period.
  471         (f) A person who operates a commercial motor vehicle having
  472  a declared gross vehicle weight, gross vehicle weight rating,
  473  and gross combined weight rating of less than 26,001 pounds
  474  solely in intrastate commerce and who is not transporting
  475  hazardous materials in amounts that require placarding pursuant
  476  to 49 C.F.R. part 172, or who is transporting petroleum products
  477  as defined in s. 376.301, is exempt from subsection (1).
  478  However, such person must comply with 49 C.F.R. parts 382, 392,
  479  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  480         Section 5. Paragraph (a) of subsection (6) of section
  481  316.3025, Florida Statutes, is amended to read:
  482         316.3025 Penalties.—
  483         (6)(a) A driver who violates 49 C.F.R. s. 392.80, which
  484  prohibits texting while operating a commercial motor vehicle, or
  485  49 C.F.R. s. 392.82, which prohibits using a handheld mobile
  486  telephone while operating a commercial motor vehicle, may be
  487  assessed a civil penalty and commercial driver license
  488  disqualification as follows:
  489         1. First violation: $500.
  490         2. Second violation: $1,000 and a 60-day commercial driver
  491  license disqualification pursuant to 49 C.F.R. part 383.
  492         3. Third and subsequent violations: $2,750 and a 120-day
  493  commercial driver license disqualification pursuant to 49 C.F.R.
  494  part 383.
  495         Section 6. Paragraph (a) of subsection (3) and subsections
  496  (4) and (5) of section 316.614, Florida Statutes, are amended to
  497  read:
  498         316.614 Safety belt usage.—
  499         (3) As used in this section:
  500         (a) “Motor vehicle” means a motor vehicle as defined in s.
  501  316.003 which is operated on the roadways, streets, and highways
  502  of this state. The term does not include:
  503         1. A school bus.
  504         2. A bus used for the transportation of persons for
  505  compensation.
  506         3. A farm tractor or implement of husbandry.
  507         4. A truck having a gross vehicle weight rating of more
  508  than 26,000 pounds.
  509         5. A motorcycle, excluding an autocycle for purposes of
  510  subsections (4) and (5), moped, or bicycle.
  511         (4) It is unlawful for any person:
  512         (a) To operate a motor vehicle or an autocycle in this
  513  state unless each passenger and the operator of the vehicle
  514  under the age of 18 years are restrained by a safety belt or by
  515  a child restraint device pursuant to s. 316.613, if applicable;
  516  or
  517         (b) To operate a motor vehicle or an autocycle in this
  518  state unless the person is restrained by a safety belt.
  519         (5) It is unlawful for any person 18 years of age or older
  520  to be a passenger in the front seat of a motor vehicle or an
  521  autocycle unless such person is restrained by a safety belt when
  522  the vehicle is in motion.
  523         Section 7. Subsection (1) of section 316.85, Florida
  524  Statutes, is amended to read:
  525         316.85 Autonomous vehicles; operation.—
  526         (1) A person who possesses a valid driver license may
  527  operate an autonomous vehicle, or may engage autonomous
  528  technology to operate an autonomous vehicle, in autonomous mode
  529  on roads in this state if the vehicle is equipped with
  530  autonomous technology, as defined in s. 316.003. A person who
  531  does not possess a valid driver license may engage autonomous
  532  technology to operate an autonomous vehicle in autonomous mode
  533  only if the vehicle is equipped with autonomous technology, as
  534  defined in s. 316.003, and if the vehicle has no capability or
  535  means by which the person inside the vehicle is able to take
  536  control of the vehicle’s operation or to disengage the
  537  autonomous technology, regardless of where the person is seated
  538  within the vehicle.
  539         Section 8. Effective upon the same date that SB 340 or
  540  similar legislation takes effect, if such legislation is adopted
  541  in the 2017 Regular Session or any extension thereof and becomes
  542  a law, section 316.851, Florida Statutes, is created to read:
  543         316.851 Autonomous vehicles; providing prearranged rides.—
  544         (1) An autonomous vehicle used by a transportation network
  545  company to provide a prearranged ride must be covered by
  546  automobile insurance as required by s. 627.748, regardless of
  547  whether a human operator is physically present within the
  548  vehicle when the ride occurs. When an autonomous vehicle is
  549  logged on to a digital network but is not engaged in a
  550  prearranged ride, the autonomous vehicle must maintain insurance
  551  coverage as defined in s. 627.748(7)(b).
  552         (2) An autonomous vehicle used to provide a transportation
  553  service shall carry in the vehicle proof of coverage satisfying
  554  the requirements of this section at all times while operating in
  555  autonomous mode.
  556         Section 9. Section 318.1215, Florida Statutes, is amended
  557  to read:
  558         318.1215 Dori Slosberg Driver Education Safety Act.
  559  Notwithstanding the provisions of s. 318.121, a board of county
  560  commissioners may require, by ordinance, that the clerk of the
  561  court collect an additional $5 with each criminal civil traffic
  562  penalty, which shall be used to fund driver education programs
  563  in public and nonpublic schools. The ordinance shall provide for
  564  the board of county commissioners to administer the funds, which
  565  shall be used for enhancement, and not replacement, of driver
  566  education program funds. The funds shall be used for direct
  567  educational expenses and shall not be used for administration.
  568  Each driver education program receiving funds pursuant to this
  569  section shall require that a minimum of 30 percent of a
  570  student’s time in the program be behind-the-wheel training. This
  571  section may be cited as the “Dori Slosberg Driver Education
  572  Safety Act.”
  573         Section 10. Paragraph (d) of subsection (3) of section
  574  318.18, Florida Statutes, is amended to read:
  575         318.18 Amount of penalties.—The penalties required for a
  576  noncriminal disposition pursuant to s. 318.14 or a criminal
  577  offense listed in s. 318.17 are as follows:
  578         (3)
  579         (d) Notwithstanding paragraph (b), a person cited for
  580  exceeding the speed limit in a posted work construction zone,
  581  which posting must include notification of the speed limit and
  582  the doubling of fines, shall pay a fine double the amount listed
  583  in paragraph (b). The fine shall be doubled for work
  584  construction zone violations only if work construction personnel
  585  are present or operating equipment on the road or immediately
  586  adjacent to the road under construction.
  587         Section 11. Subsections (24) and (26) of section 320.01,
  588  Florida Statutes, are amended to read:
  589         320.01 Definitions, general.—As used in the Florida
  590  Statutes, except as otherwise provided, the term:
  591         (24) “Apportionable vehicle” means any vehicle, except
  592  recreational vehicles, vehicles displaying restricted plates,
  593  city pickup and delivery vehicles, buses used in transportation
  594  of chartered parties, and government-owned vehicles, which is
  595  used or intended for use in two or more member jurisdictions
  596  that allocate or proportionally register vehicles and which is
  597  used for the transportation of persons for hire or is designed,
  598  used, or maintained primarily for the transportation of property
  599  and:
  600         (a) Is a power unit having a gross vehicle weight in excess
  601  of 26,000 pounds;
  602         (b) Is a power unit having three or more axles, regardless
  603  of weight; or
  604         (c) Is used in combination, when the weight of such
  605  combination exceeds 26,000 pounds gross vehicle weight.
  606  
  607  Vehicles, or combinations thereof, having a gross vehicle weight
  608  of 26,000 pounds or less and two-axle vehicles may be
  609  proportionally registered.
  610         (26) “Motorcycle” means any motor vehicle having a seat or
  611  saddle for the use of the rider and designed to travel on not
  612  more than three wheels in contact with the ground, including an
  613  autocycle. The term does not include a tractor, a moped, or
  614  excluding a vehicle in which the operator is enclosed by a cabin
  615  unless the vehicle it meets the requirements set forth by the
  616  National Highway Traffic Safety Administration for a motorcycle.
  617  The term “motorcycle” does not include a tractor or a moped.
  618         Section 12. Paragraph (a) of subsection (15) of section
  619  320.02, Florida Statutes, is amended to read:
  620         320.02 Registration required; application for registration;
  621  forms.—
  622         (15)(a) The application form for motor vehicle registration
  623  must shall include language permitting the voluntary
  624  contribution of $1 per applicant, to be quarterly distributed by
  625  the department to Preserve Vision Prevent Blindness Florida, a
  626  not-for-profit organization, to prevent blindness and preserve
  627  the sight of the residents of this state. A statement providing
  628  an explanation of the purpose of the funds shall be included
  629  with the application form. Prior to the department distributing
  630  the funds collected pursuant to this paragraph, Preserve Vision
  631  Prevent Blindness Florida must submit a report to the department
  632  that identifies how such funds were used during the preceding
  633  year.
  634  
  635  For the purpose of applying the service charge provided in s.
  636  215.20, contributions received under this subsection are not
  637  income of a revenue nature.
  638         Section 13. Subsection (1) of section 320.03, Florida
  639  Statutes, is amended to read:
  640         320.03 Registration; duties of tax collectors;
  641  International Registration Plan.—
  642         (1)(a) The tax collectors in the several counties of the
  643  state, as authorized agents of the department, shall issue
  644  registration certificates, registration license plates,
  645  validation stickers, and mobile home stickers to applicants, and
  646  shall provide to applicants for each the option to register
  647  emergency contact information and the option to be contacted
  648  with information about state and federal benefits available as a
  649  result of military service, subject to the requirements of law,
  650  in accordance with rules of the department. Each tax collector
  651  shall provide the same motor vehicle registration services in
  652  office to residents of other counties that it provides for
  653  residents of its home county.
  654         (b) Any person, firm, or corporation representing itself,
  655  through advertising or naming of the business, to be an
  656  authorized agent of the department shall be deemed guilty of an
  657  unfair and deceptive trade practice as defined in part II of
  658  chapter 501. No such person, firm, or corporation shall use
  659  either the state or county name as a part of their business name
  660  when such use can reasonably be interpreted as an official state
  661  or county office.
  662         Section 14. Effective July 1, 2018, subsection (10) of
  663  section 320.03, Florida Statutes, is amended to read:
  664         320.03 Registration; duties of tax collectors;
  665  International Registration Plan.—
  666         (10)(a) Jurisdiction over the electronic filing system for
  667  use by authorized electronic filing system agents to
  668  electronically title or register motor vehicles, vessels, mobile
  669  homes, or off-highway vehicles; process title transactions,
  670  derelict motor vehicle certificates, and certificates of
  671  destruction for derelict and salvage motor vehicles pursuant to
  672  s. 319.30(2), (3), (7), and (8); issue or transfer registration
  673  license plates or decals; electronically transfer fees due for
  674  the title and registration process; and perform inquiries for
  675  title, registration, and lienholder verification and
  676  certification of service providers is expressly preempted to the
  677  state, and the department shall have regulatory authority over
  678  the system. The electronic filing system shall be available for
  679  use statewide and applied uniformly throughout the state. An
  680  entity that, in the normal course of its business, sells
  681  products that must be titled or registered;, provides title and
  682  registration services on behalf of its consumers; or processes
  683  title transactions, derelict motor vehicle certificates, or
  684  certificates of destruction for derelict or salvage motor
  685  vehicles pursuant to s. 319.30(2), (3), (7), and (8); and meets
  686  all established requirements may be an authorized electronic
  687  filing system agent and shall not be precluded from
  688  participating in the electronic filing system in any county.
  689  Upon request from a qualified entity, the tax collector shall
  690  appoint the entity as an authorized electronic filing system
  691  agent for that county. The department shall adopt rules in
  692  accordance with chapter 120 to replace the December 10, 2009,
  693  program standards and to administer the provisions of this
  694  section, including, but not limited to, establishing
  695  participation requirements, certification of service providers,
  696  electronic filing system requirements, and enforcement authority
  697  for noncompliance. The December 10, 2009, program standards,
  698  excluding any standards which conflict with this subsection,
  699  shall remain in effect until the rules are adopted. An
  700  authorized electronic filing system agent may charge a fee to
  701  the customer for use of the electronic filing system.
  702         (b) The department shall adopt rules to administer this
  703  subsection, including, but not limited to, rules establishing
  704  participation requirements, certification of service providers,
  705  electronic filing system requirements, disclosures, and
  706  enforcement authority for noncompliance.
  707         Section 15. Paragraph (b) of subsection (1) of section
  708  320.06, Florida Statutes, is amended to read:
  709         320.06 Registration certificates, license plates, and
  710  validation stickers generally.—
  711         (1)
  712         (b)1. Registration license plates bearing a graphic symbol
  713  and the alphanumeric system of identification shall be issued
  714  for a 10-year period. At the end of the 10-year period, upon
  715  renewal, the plate shall be replaced. The department shall
  716  extend the scheduled license plate replacement date from a 6
  717  year period to a 10-year period. The fee for such replacement is
  718  $28, $2.80 of which shall be paid each year before the plate is
  719  replaced, to be credited toward the next $28 replacement fee.
  720  The fees shall be deposited into the Highway Safety Operating
  721  Trust Fund. A credit or refund may not be given for any prior
  722  years’ payments of the prorated replacement fee if the plate is
  723  replaced or surrendered before the end of the 10-year period,
  724  except that a credit may be given if a registrant is required by
  725  the department to replace a license plate under s.
  726  320.08056(8)(a). With each license plate, a validation sticker
  727  shall be issued showing the owner’s birth month, license plate
  728  number, and the year of expiration or the appropriate renewal
  729  period if the owner is not a natural person. The validation
  730  sticker shall be placed on the upper right corner of the license
  731  plate. The license plate and validation sticker shall be issued
  732  based on the applicant’s appropriate renewal period. The
  733  registration period is 12 months, the extended registration
  734  period is 24 months, and all expirations occur based on the
  735  applicant’s appropriate registration period.
  736         2. A vehicle that has an apportioned registration shall be
  737  issued an annual license plate and a cab card denoting that
  738  denote the declared gross vehicle weight for each apportioned
  739  jurisdiction in which the vehicle is authorized to operate. This
  740  subparagraph expires October 1, 2018.
  741         3. Beginning October 1, 2018, a vehicle registered in
  742  accordance with the International Registration Plan which has an
  743  apportioned registration shall be issued a license plate for a
  744  5-year period, an annual cab card denoting the declared gross
  745  vehicle weight, and an annual validation sticker showing the
  746  month and year of expiration. The validation sticker shall be
  747  placed in the center of the license plate. The license plate and
  748  validation sticker shall be issued based on the applicant’s
  749  appropriate renewal period. The registration period is 12
  750  months. The fee for an original and a renewed validation sticker
  751  is $28. This fee shall be deposited into the Highway Safety
  752  Operating Trust Fund. If the license plate is damaged or worn,
  753  it may be replaced at no charge by applying to the department
  754  and surrendering the current license plate.
  755         4.2. In order to retain the efficient administration of the
  756  taxes and fees imposed by this chapter, the 80-cent fee increase
  757  in the replacement fee imposed by chapter 2009-71, Laws of
  758  Florida, is negated as provided in s. 320.0804.
  759         Section 16. Section 320.0605, Florida Statutes, is amended
  760  to read:
  761         320.0605 Certificate of registration; possession required;
  762  exception.—
  763         (1)(a) The registration certificate or an official copy
  764  thereof, a true copy or electronic copy of rental or lease
  765  documentation issued for a motor vehicle or issued for a
  766  replacement vehicle in the same registration period, a temporary
  767  receipt printed upon self-initiated electronic renewal of a
  768  registration via the Internet, or a cab card issued for a
  769  vehicle registered under the International Registration Plan
  770  shall, at all times while the vehicle is being used or operated
  771  on the roads of this state, be in the possession of the operator
  772  thereof or be carried in the vehicle for which issued and shall
  773  be exhibited upon demand of any authorized law enforcement
  774  officer or any agent of the department, except for a vehicle
  775  registered under s. 320.0657. The provisions of This section
  776  does do not apply during the first 30 days after purchase of a
  777  replacement vehicle. A violation of this section is a
  778  noncriminal traffic infraction, punishable as a nonmoving
  779  violation as provided in chapter 318.
  780         (b)1. The act of presenting to a law enforcement officer or
  781  agent of the department an electronic device displaying an
  782  electronic copy of rental or lease documentation does not
  783  constitute consent for the officer or agent to access any
  784  information on the device other than the displayed rental or
  785  lease documentation.
  786         2. The person who presents the device to the officer or
  787  agent assumes the liability for any resulting damage to the
  788  device.
  789         (2) Rental or lease documentation that is sufficient to
  790  satisfy the requirement in subsection (1) includes the
  791  following:
  792         (a) Date of rental and time of exit from rental facility;
  793         (b) Rental station identification;
  794         (c) Rental agreement number;
  795         (d) Rental vehicle identification number;
  796         (e) Rental vehicle license plate number and state of
  797  registration;
  798         (f) Vehicle’s make, model, and color;
  799         (g) Vehicle’s mileage; and
  800         (h) Authorized renter’s name.
  801         Section 17. Subsection (5) of section 320.0607, Florida
  802  Statutes, is amended to read:
  803         320.0607 Replacement license plates, validation decal, or
  804  mobile home sticker.—
  805         (5) Upon the issuance of an original license plate, the
  806  applicant shall pay a fee of $28 to be deposited in the Highway
  807  Safety Operating Trust Fund. Beginning October 1, 2018, this
  808  subsection does not apply to a vehicle registered under the
  809  International Registration Plan.
  810         Section 18. Section 320.08, Florida Statutes, is amended to
  811  read:
  812         320.08 License taxes.—Except as otherwise provided herein,
  813  there are hereby levied and imposed annual license taxes for the
  814  operation of motor vehicles, mopeds, motorized bicycles as
  815  defined in s. 316.003(4) s. 316.003(2), tri-vehicles as defined
  816  in s. 316.003, and mobile homes as defined in s. 320.01, which
  817  shall be paid to and collected by the department or its agent
  818  upon the registration or renewal of registration of the
  819  following:
  820         (1) MOTORCYCLES AND MOPEDS.—
  821         (a) Any motorcycle: $10 flat.
  822         (b) Any moped: $5 flat.
  823         (c) Upon registration of a motorcycle, motor-driven cycle,
  824  or moped, in addition to the license taxes specified in this
  825  subsection, a nonrefundable motorcycle safety education fee in
  826  the amount of $2.50 shall be paid. The proceeds of such
  827  additional fee shall be deposited in the Highway Safety
  828  Operating Trust Fund to fund a motorcycle driver improvement
  829  program implemented pursuant to s. 322.025, the Florida
  830  Motorcycle Safety Education Program established in s. 322.0255,
  831  or the general operations of the department.
  832         (d) An ancient or antique motorcycle: $7.50 flat, of which
  833  $2.50 shall be deposited into the General Revenue Fund.
  834         (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
  835         (a) An ancient or antique automobile, as defined in s.
  836  320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
  837         (b) Net weight of less than 2,500 pounds: $14.50 flat.
  838         (c) Net weight of 2,500 pounds or more, but less than 3,500
  839  pounds: $22.50 flat.
  840         (d) Net weight of 3,500 pounds or more: $32.50 flat.
  841         (3) TRUCKS.—
  842         (a) Net weight of less than 2,000 pounds: $14.50 flat.
  843         (b) Net weight of 2,000 pounds or more, but not more than
  844  3,000 pounds: $22.50 flat.
  845         (c) Net weight more than 3,000 pounds, but not more than
  846  5,000 pounds: $32.50 flat.
  847         (d) A truck defined as a “goat,” or other vehicle if used
  848  in the field by a farmer or in the woods for the purpose of
  849  harvesting a crop, including naval stores, during such
  850  harvesting operations, and which is not principally operated
  851  upon the roads of the state: $7.50 flat. The term “goat” means a
  852  motor vehicle designed, constructed, and used principally for
  853  the transportation of citrus fruit within citrus groves or for
  854  the transportation of crops on farms, and which can also be used
  855  for hauling associated equipment or supplies, including required
  856  sanitary equipment, and the towing of farm trailers.
  857         (e) An ancient or antique truck, as defined in s. 320.086:
  858  $7.50 flat.
  859         (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
  860  VEHICLE WEIGHT.—
  861         (a) Gross vehicle weight of 5,001 pounds or more, but less
  862  than 6,000 pounds: $60.75 flat, of which $15.75 shall be
  863  deposited into the General Revenue Fund.
  864         (b) Gross vehicle weight of 6,000 pounds or more, but less
  865  than 8,000 pounds: $87.75 flat, of which $22.75 shall be
  866  deposited into the General Revenue Fund.
  867         (c) Gross vehicle weight of 8,000 pounds or more, but less
  868  than 10,000 pounds: $103 flat, of which $27 shall be deposited
  869  into the General Revenue Fund.
  870         (d) Gross vehicle weight of 10,000 pounds or more, but less
  871  than 15,000 pounds: $118 flat, of which $31 shall be deposited
  872  into the General Revenue Fund.
  873         (e) Gross vehicle weight of 15,000 pounds or more, but less
  874  than 20,000 pounds: $177 flat, of which $46 shall be deposited
  875  into the General Revenue Fund.
  876         (f) Gross vehicle weight of 20,000 pounds or more, but less
  877  than 26,001 pounds: $251 flat, of which $65 shall be deposited
  878  into the General Revenue Fund.
  879         (g) Gross vehicle weight of 26,001 pounds or more, but less
  880  than 35,000: $324 flat, of which $84 shall be deposited into the
  881  General Revenue Fund.
  882         (h) Gross vehicle weight of 35,000 pounds or more, but less
  883  than 44,000 pounds: $405 flat, of which $105 shall be deposited
  884  into the General Revenue Fund.
  885         (i) Gross vehicle weight of 44,000 pounds or more, but less
  886  than 55,000 pounds: $773 flat, of which $201 shall be deposited
  887  into the General Revenue Fund.
  888         (j) Gross vehicle weight of 55,000 pounds or more, but less
  889  than 62,000 pounds: $916 flat, of which $238 shall be deposited
  890  into the General Revenue Fund.
  891         (k) Gross vehicle weight of 62,000 pounds or more, but less
  892  than 72,000 pounds: $1,080 flat, of which $280 shall be
  893  deposited into the General Revenue Fund.
  894         (l) Gross vehicle weight of 72,000 pounds or more: $1,322
  895  flat, of which $343 shall be deposited into the General Revenue
  896  Fund.
  897         (m) Notwithstanding the declared gross vehicle weight, a
  898  truck tractor used within this state a 150-mile radius of its
  899  home address is eligible for a license plate for a fee of $324
  900  flat if:
  901         1. The truck tractor is used exclusively for hauling
  902  forestry products; or
  903         2. The truck tractor is used primarily for the hauling of
  904  forestry products, and is also used for the hauling of
  905  associated forestry harvesting equipment used by the owner of
  906  the truck tractor.
  907  
  908  Of the fee imposed by this paragraph, $84 shall be deposited
  909  into the General Revenue Fund.
  910         (n) A truck tractor or heavy truck, not operated as a for
  911  hire vehicle, which is engaged exclusively in transporting raw,
  912  unprocessed, and nonmanufactured agricultural or horticultural
  913  products within this state a 150-mile radius of its home
  914  address, is eligible for a restricted license plate for a fee
  915  of:
  916         1. If such vehicle’s declared gross vehicle weight is less
  917  than 44,000 pounds, $87.75 flat, of which $22.75 shall be
  918  deposited into the General Revenue Fund.
  919         2. If such vehicle’s declared gross vehicle weight is
  920  44,000 pounds or more and such vehicle only transports from the
  921  point of production to the point of primary manufacture; to the
  922  point of assembling the same; or to a shipping point of a rail,
  923  water, or motor transportation company, $324 flat, of which $84
  924  shall be deposited into the General Revenue Fund.
  925  
  926  Such not-for-hire truck tractors and heavy trucks used
  927  exclusively in transporting raw, unprocessed, and
  928  nonmanufactured agricultural or horticultural products may be
  929  incidentally used to haul farm implements and fertilizers
  930  delivered direct to the growers. The department may require any
  931  documentation deemed necessary to determine eligibility prior to
  932  issuance of this license plate. For the purpose of this
  933  paragraph, “not-for-hire” means the owner of the motor vehicle
  934  must also be the owner of the raw, unprocessed, and
  935  nonmanufactured agricultural or horticultural product, or the
  936  user of the farm implements and fertilizer being delivered.
  937         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
  938  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
  939         (a)1. A semitrailer drawn by a GVW truck tractor by means
  940  of a fifth-wheel arrangement: $13.50 flat per registration year
  941  or any part thereof, of which $3.50 shall be deposited into the
  942  General Revenue Fund.
  943         2. A semitrailer drawn by a GVW truck tractor by means of a
  944  fifth-wheel arrangement: $68 flat per permanent registration, of
  945  which $18 shall be deposited into the General Revenue Fund.
  946         (b) A motor vehicle equipped with machinery and designed
  947  for the exclusive purpose of well drilling, excavation,
  948  construction, spraying, or similar activity, and which is not
  949  designed or used to transport loads other than the machinery
  950  described above over public roads: $44 flat, of which $11.50
  951  shall be deposited into the General Revenue Fund.
  952         (c) A school bus used exclusively to transport pupils to
  953  and from school or school or church activities or functions
  954  within their own county: $41 flat, of which $11 shall be
  955  deposited into the General Revenue Fund.
  956         (d) A wrecker, as defined in s. 320.01, which is used to
  957  tow a vessel as defined in s. 327.02, a disabled, abandoned,
  958  stolen-recovered, or impounded motor vehicle as defined in s.
  959  320.01, or a replacement motor vehicle as defined in s. 320.01:
  960  $41 flat, of which $11 shall be deposited into the General
  961  Revenue Fund.
  962         (e) A wrecker that is used to tow any nondisabled motor
  963  vehicle, a vessel, or any other cargo unless used as defined in
  964  paragraph (d), as follows:
  965         1. Gross vehicle weight of 10,000 pounds or more, but less
  966  than 15,000 pounds: $118 flat, of which $31 shall be deposited
  967  into the General Revenue Fund.
  968         2. Gross vehicle weight of 15,000 pounds or more, but less
  969  than 20,000 pounds: $177 flat, of which $46 shall be deposited
  970  into the General Revenue Fund.
  971         3. Gross vehicle weight of 20,000 pounds or more, but less
  972  than 26,000 pounds: $251 flat, of which $65 shall be deposited
  973  into the General Revenue Fund.
  974         4. Gross vehicle weight of 26,000 pounds or more, but less
  975  than 35,000 pounds: $324 flat, of which $84 shall be deposited
  976  into the General Revenue Fund.
  977         5. Gross vehicle weight of 35,000 pounds or more, but less
  978  than 44,000 pounds: $405 flat, of which $105 shall be deposited
  979  into the General Revenue Fund.
  980         6. Gross vehicle weight of 44,000 pounds or more, but less
  981  than 55,000 pounds: $772 flat, of which $200 shall be deposited
  982  into the General Revenue Fund.
  983         7. Gross vehicle weight of 55,000 pounds or more, but less
  984  than 62,000 pounds: $915 flat, of which $237 shall be deposited
  985  into the General Revenue Fund.
  986         8. Gross vehicle weight of 62,000 pounds or more, but less
  987  than 72,000 pounds: $1,080 flat, of which $280 shall be
  988  deposited into the General Revenue Fund.
  989         9. Gross vehicle weight of 72,000 pounds or more: $1,322
  990  flat, of which $343 shall be deposited into the General Revenue
  991  Fund.
  992         (f) A hearse or ambulance: $40.50 flat, of which $10.50
  993  shall be deposited into the General Revenue Fund.
  994         (6) MOTOR VEHICLES FOR HIRE.—
  995         (a) Under nine passengers: $17 flat, of which $4.50 shall
  996  be deposited into the General Revenue Fund; plus $1.50 per cwt,
  997  of which 50 cents shall be deposited into the General Revenue
  998  Fund.
  999         (b) Nine passengers and over: $17 flat, of which $4.50
 1000  shall be deposited into the General Revenue Fund; plus $2 per
 1001  cwt, of which 50 cents shall be deposited into the General
 1002  Revenue Fund.
 1003         (7) TRAILERS FOR PRIVATE USE.—
 1004         (a) Any trailer weighing 500 pounds or less: $6.75 flat per
 1005  year or any part thereof, of which $1.75 shall be deposited into
 1006  the General Revenue Fund.
 1007         (b) Net weight over 500 pounds: $3.50 flat, of which $1
 1008  shall be deposited into the General Revenue Fund; plus $1 per
 1009  cwt, of which 25 cents shall be deposited into the General
 1010  Revenue Fund.
 1011         (8) TRAILERS FOR HIRE.—
 1012         (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
 1013  shall be deposited into the General Revenue Fund; plus $1.50 per
 1014  cwt, of which 50 cents shall be deposited into the General
 1015  Revenue Fund.
 1016         (b) Net weight 2,000 pounds or more: $13.50 flat, of which
 1017  $3.50 shall be deposited into the General Revenue Fund; plus
 1018  $1.50 per cwt, of which 50 cents shall be deposited into the
 1019  General Revenue Fund.
 1020         (9) RECREATIONAL VEHICLE-TYPE UNITS.—
 1021         (a) A travel trailer or fifth-wheel trailer, as defined by
 1022  s. 320.01(1)(b), that does not exceed 35 feet in length: $27
 1023  flat, of which $7 shall be deposited into the General Revenue
 1024  Fund.
 1025         (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
 1026  $13.50 flat, of which $3.50 shall be deposited into the General
 1027  Revenue Fund.
 1028         (c) A motor home, as defined by s. 320.01(1)(b)4.:
 1029         1. Net weight of less than 4,500 pounds: $27 flat, of which
 1030  $7 shall be deposited into the General Revenue Fund.
 1031         2. Net weight of 4,500 pounds or more: $47.25 flat, of
 1032  which $12.25 shall be deposited into the General Revenue Fund.
 1033         (d) A truck camper as defined by s. 320.01(1)(b)3.:
 1034         1. Net weight of less than 4,500 pounds: $27 flat, of which
 1035  $7 shall be deposited into the General Revenue Fund.
 1036         2. Net weight of 4,500 pounds or more: $47.25 flat, of
 1037  which $12.25 shall be deposited into the General Revenue Fund.
 1038         (e) A private motor coach as defined by s. 320.01(1)(b)5.:
 1039         1. Net weight of less than 4,500 pounds: $27 flat, of which
 1040  $7 shall be deposited into the General Revenue Fund.
 1041         2. Net weight of 4,500 pounds or more: $47.25 flat, of
 1042  which $12.25 shall be deposited into the General Revenue Fund.
 1043         (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
 1044  35 FEET TO 40 FEET.—
 1045         (a) Park trailers.—Any park trailer, as defined in s.
 1046  320.01(1)(b)7.: $25 flat.
 1047         (b) A travel trailer or fifth-wheel trailer, as defined in
 1048  s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
 1049         (11) MOBILE HOMES.—
 1050         (a) A mobile home not exceeding 35 feet in length: $20
 1051  flat.
 1052         (b) A mobile home over 35 feet in length, but not exceeding
 1053  40 feet: $25 flat.
 1054         (c) A mobile home over 40 feet in length, but not exceeding
 1055  45 feet: $30 flat.
 1056         (d) A mobile home over 45 feet in length, but not exceeding
 1057  50 feet: $35 flat.
 1058         (e) A mobile home over 50 feet in length, but not exceeding
 1059  55 feet: $40 flat.
 1060         (f) A mobile home over 55 feet in length, but not exceeding
 1061  60 feet: $45 flat.
 1062         (g) A mobile home over 60 feet in length, but not exceeding
 1063  65 feet: $50 flat.
 1064         (h) A mobile home over 65 feet in length: $80 flat.
 1065         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
 1066  motor vehicle dealer, independent motor vehicle dealer, marine
 1067  boat trailer dealer, or mobile home dealer and manufacturer
 1068  license plate: $17 flat, of which $4.50 shall be deposited into
 1069  the General Revenue Fund.
 1070         (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
 1071  official license plate: $4 flat, of which $1 shall be deposited
 1072  into the General Revenue Fund.
 1073         (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
 1074  vehicle for hire operated wholly within a city or within 25
 1075  miles thereof: $17 flat, of which $4.50 shall be deposited into
 1076  the General Revenue Fund; plus $2 per cwt, of which 50 cents
 1077  shall be deposited into the General Revenue Fund.
 1078         (15) TRANSPORTER.—Any transporter license plate issued to a
 1079  transporter pursuant to s. 320.133: $101.25 flat, of which
 1080  $26.25 shall be deposited into the General Revenue Fund.
 1081         Section 19. Paragraphs (ee), (eee), (qqq), and (rrr) of
 1082  subsection (4) and paragraph (a) of subsection (10) of section
 1083  320.08056, Florida Statutes, are amended to read:
 1084         320.08056 Specialty license plates.—
 1085         (4) The following license plate annual use fees shall be
 1086  collected for the appropriate specialty license plates:
 1087         (ee) American Red Cross license plate, $25.
 1088         (eee) Donate Organs-Pass It On license plate, $25.
 1089         (qqq) St. Johns River license plate, $25.
 1090         (rrr) Hispanic Achievers license plate, $25.
 1091         (10)(a) A specialty license plate annual use fee collected
 1092  and distributed under this chapter, or any interest earned from
 1093  those fees, may not be used for commercial or for-profit
 1094  activities nor for general or administrative expenses, except as
 1095  authorized by s. 320.08058 or to pay the cost of the audit or
 1096  report required by s. 320.08062(1). The fees and any interest
 1097  earned from the fees may be expended only for use in this state
 1098  unless the annual use fee is derived from the sale of United
 1099  States Armed Forces and veterans-related specialty license
 1100  plates pursuant to paragraphs (4)(d), (bb), (kk), (iii), and
 1101  (uuu) (ll), (kkk), and (yyy) and s. 320.0891.
 1102         Section 20. Subsections (31), (57), (69), and (70) of
 1103  section 320.08058, Florida Statutes, are repealed.
 1104         Section 21. Paragraph (b) of subsection (4) of section
 1105  320.08068, Florida Statutes, is amended to read:
 1106         320.08068 Motorcycle specialty license plates.—
 1107         (4) A license plate annual use fee of $20 shall be
 1108  collected for each motorcycle specialty license plate. Annual
 1109  use fees shall be distributed to The Able Trust as custodial
 1110  agent. The Able Trust may retain a maximum of 10 percent of the
 1111  proceeds from the sale of the license plate for administrative
 1112  costs. The Able Trust shall distribute the remaining funds as
 1113  follows:
 1114         (b) Twenty percent to Preserve Vision Prevent Blindness
 1115  Florida.
 1116         Section 22. Subsection (7) is added to section 320.086,
 1117  Florida Statutes, to read:
 1118         320.086 Ancient or antique motor vehicles; horseless
 1119  carriage, antique, or historical license plates; former military
 1120  vehicles.—
 1121         (7) For purposes of this section, a trailer is considered a
 1122  motor vehicle.
 1123         Section 23. Section 320.0875, Florida Statutes, is created
 1124  to read:
 1125         320.0875 Purple Heart motorcycle special license plate.—
 1126         (1) Upon application to the department and payment of the
 1127  license tax for the motorcycle as provided in s. 320.08, a
 1128  resident of this state who owns or leases a motorcycle that is
 1129  not used for hire or commercial use shall be issued a Purple
 1130  Heart motorcycle special license plate if he or she provides
 1131  documentation acceptable to the department that he or she is a
 1132  recipient of the Purple Heart medal.
 1133         (2) The Purple Heart motorcycle special license plate shall
 1134  be stamped with the words “Combat-wounded Veteran” followed by
 1135  the serial number of the license plate. The Purple Heart
 1136  motorcycle special license plate may have the term “Purple
 1137  Heart” stamped on the plate and the likeness of the Purple Heart
 1138  medal appearing on the plate.
 1139         Section 24. Paragraph (a) of subsection (1) of section
 1140  320.089, Florida Statutes, is amended to read:
 1141         320.089 Veterans of the United States Armed Forces; members
 1142  of National Guard; survivors of Pearl Harbor; Purple Heart medal
 1143  recipients; active or retired United States Armed Forces
 1144  reservists; Combat Infantry Badge, Combat Medical Badge, or
 1145  Combat Action Badge recipients; Combat Action Ribbon recipients;
 1146  Air Force Combat Action Medal recipients; Distinguished Flying
 1147  Cross recipients; former prisoners of war; Korean War Veterans;
 1148  Vietnam War Veterans; Operation Desert Shield Veterans;
 1149  Operation Desert Storm Veterans; Operation Enduring Freedom
 1150  Veterans; Operation Iraqi Freedom Veterans; Women Veterans;
 1151  World War II Veterans; and Navy Submariners; Special license
 1152  plates for military servicemembers, veterans, and Pearl Harbor
 1153  survivors; fee.—
 1154         (1)(a) Upon application to the department and payment of
 1155  the license tax for the vehicle as provided in s. 320.08, a
 1156  resident of this state who owns or leases Each owner or lessee
 1157  of an automobile or truck for private use or recreational
 1158  vehicle as specified in s. 320.08(9)(c) or (d), which is not
 1159  used for hire or commercial use, shall be issued a license plate
 1160  pursuant to the following if the applicant provides the
 1161  department with proof he or she meets the qualifications listed
 1162  in this section for the applicable license plate:
 1163         1. A person released or discharged from any branch who is a
 1164  resident of the state and a veteran of the United States Armed
 1165  Forces shall be issued a license plate stamped with the words
 1166  “Veteran” or “Woman Veteran” followed by the serial number of
 1167  the license plate., a Woman Veteran,
 1168         2. A World War II Veteran shall be issued a license plate
 1169  stamped with the words “WWII Veteran” followed by the serial
 1170  number of the license plate.,
 1171         3. A Navy Submariner shall be issued a license plate
 1172  stamped with the words “Navy Submariner” followed by the serial
 1173  number of the license plate.,
 1174         4. An active or retired member of the Florida National
 1175  Guard shall be issued a license plate stamped with the words
 1176  “National Guard” followed by the serial number of the license
 1177  plate.
 1178         5. A member of the Pearl Harbor Survivors Association or
 1179  other person on active military duty in Pearl Harbor on December
 1180  7, 1941, shall be issued a license plate stamped with the words
 1181  “Pearl Harbor Survivor” followed by the serial number of the
 1182  license plate., a survivor of the attack on Pearl Harbor,
 1183         6. A recipient of the Purple Heart medal shall be issued a
 1184  license plate stamped with the words “Combat-wounded Veteran”
 1185  followed by the serial number of the license plate. The Purple
 1186  Heart plate may have the words “Purple Heart” stamped on the
 1187  plate and the likeness of the Purple Heart medal appearing on
 1188  the plate.,
 1189         7. An active or retired member of any branch of the United
 1190  States Armed Forces Reserve shall be issued a license plate
 1191  stamped with the words “U.S. Reserve” followed by the serial
 1192  number of the license plate.
 1193         8. A member of the Combat Infantrymen’s Association, Inc.,
 1194  or a recipient of the Combat Infantry Badge, Combat Medical
 1195  Badge, Combat Action Badge, Combat Action Ribbon, or Air Force
 1196  Combat Action Medal shall be issued a license plate stamped with
 1197  the words “Combat Infantry Badge,” “Combat Medical Badge,”
 1198  “Combat Action Badge,” “Combat Action Ribbon,” or “Air Force
 1199  Combat Action Medal,” as appropriate, and a likeness of the
 1200  related campaign badge, ribbon, or medal, followed by the serial
 1201  number of the license plate.
 1202         9. A recipient of the, or Distinguished Flying Cross shall
 1203  be issued a license plate stamped with the words “Distinguished
 1204  Flying Cross” and a likeness of the Distinguished Flying Cross
 1205  followed by the serial number of the license plate.
 1206         10. A recipient of the Bronze Star shall be issued a
 1207  license plate stamped with the words “Bronze Star” and a
 1208  likeness of the Bronze Star followed by the serial number of the
 1209  license plate, upon application to the department, accompanied
 1210  by proof of release or discharge from any branch of the United
 1211  States Armed Forces, proof of active membership or retired
 1212  status in the Florida National Guard, proof of membership in the
 1213  Pearl Harbor Survivors Association or proof of active military
 1214  duty in Pearl Harbor on December 7, 1941, proof of being a
 1215  Purple Heart medal recipient, proof of active or retired
 1216  membership in any branch of the United States Armed Forces
 1217  Reserve, or proof of membership in the Combat Infantrymen’s
 1218  Association, Inc., proof of being a recipient of the Combat
 1219  Infantry Badge, Combat Medical Badge, Combat Action Badge,
 1220  Combat Action Ribbon, Air Force Combat Action Medal, or
 1221  Distinguished Flying Cross, and upon payment of the license tax
 1222  for the vehicle as provided in s. 320.08, shall be issued a
 1223  license plate as provided by s. 320.06 which, in lieu of the
 1224  serial numbers prescribed by s. 320.06, is stamped with the
 1225  words “Veteran,” “Woman Veteran,” “WWII Veteran,” “Navy
 1226  Submariner,” “National Guard,” “Pearl Harbor Survivor,” “Combat
 1227  wounded veteran,” “U.S. Reserve,” “Combat Infantry Badge,”
 1228  “Combat Medical Badge,” “Combat Action Badge,” “Combat Action
 1229  Ribbon,” “Air Force Combat Action Medal,” or “Distinguished
 1230  Flying Cross,” as appropriate, and a likeness of the related
 1231  campaign medal or badge, followed by the serial number of the
 1232  license plate. Additionally, the Purple Heart plate may have the
 1233  words “Purple Heart” stamped on the plate and the likeness of
 1234  the Purple Heart medal appearing on the plate.
 1235         Section 25. Section 320.133, Florida Statutes, is amended
 1236  to read:
 1237         320.133 Transporter license plates.—
 1238         (1) As used in this section, the term “transporter license
 1239  plate eligible business” means a business that is engaged in the
 1240  limited operation of an unregistered motor vehicle, or a
 1241  repossessor that contracts with lending institutions to
 1242  repossess or recover motor vehicles or mobile homes.
 1243         (2) A person is not eligible to purchase or renew a
 1244  transporter license plate unless he or she provides proof
 1245  satisfactory to the department that his or her business is a
 1246  transporter license plate eligible business.
 1247         (3) The application for qualification as a transporter
 1248  license plate eligible business must be in such form as is
 1249  prescribed by the department and must contain the legal name of
 1250  the person or persons applying for the license plate, the name
 1251  of the business, and the principal or principals of the
 1252  business. The application must describe the exact physical
 1253  location of the place of business within the state. This
 1254  location must be available at all reasonable hours for
 1255  inspection of the transporter license plate records by the
 1256  department or any law enforcement agency. The application must
 1257  contain proof of a garage liability insurance policy, or a
 1258  business automobile policy, in the amount of at least $100,000.
 1259  The certificate of insurance must indicate the number of
 1260  transporter license plates reported to the insurance company.
 1261  Such coverage shall be maintained for the entire registration
 1262  period. Upon seeking initial qualification, the applicant must
 1263  provide documentation proving that the business is registered
 1264  with the Division of Corporations of the Department of State to
 1265  conduct business in this state. The business must indicate how
 1266  it meets the qualification as a transporter license plate
 1267  eligible business by describing in detail the business processes
 1268  that require the use of a transporter license plate.
 1269         (4)(a)(1) The department may is authorized to issue a
 1270  transporter license plate to an any applicant who is not a
 1271  licensed dealer and who is qualified as a transporter license
 1272  plate eligible business, incidental to the conduct of his or her
 1273  business, engages in the transporting of motor vehicles which
 1274  are not currently registered to any owner and which do not have
 1275  license plates, upon payment of the license tax imposed by s.
 1276  320.08(15) for each transporter such license plate and upon
 1277  proof of liability insurance as described in subsection (3)
 1278  coverage in the amount of $100,000 or more. The proof of
 1279  insurance must indicate the number of transporter license plates
 1280  reported to the insurance company, which shall be the maximum
 1281  number of transporter license plates issued to the applicant.
 1282  Such A transporter license plate is valid only for use on an
 1283  unregistered any motor vehicle in the possession of the
 1284  transporter while the motor vehicle is being transported in the
 1285  course of the transporter’s business and must not be attached to
 1286  any vehicle owned by the transporter or his or her business for
 1287  which registration would otherwise be required. A person who
 1288  sells or unlawfully possesses, distributes, or brokers a
 1289  transporter license plate to be attached to any vehicle commits
 1290  a misdemeanor of the second degree, punishable as provided in s.
 1291  775.082 or s. 775.083. Any and all transporter license plates
 1292  issued are subject to cancellation by the department.
 1293         (b) A person who knowingly and willfully sells or
 1294  unlawfully possesses, distributes, or brokers a transporter
 1295  license plate to avoid registering a vehicle requiring
 1296  registration pursuant to this chapter or chapter 319 commits a
 1297  misdemeanor of the first degree, punishable as provided in s.
 1298  775.082 or s. 775.083, and is disqualified from transporter
 1299  license plate usage. All transporter license plates issued to
 1300  the person’s business shall be canceled and must be returned to
 1301  the department immediately upon disqualification. The
 1302  transporter license plate is subject to removal as provided in
 1303  subsection (9), and any and all transporter plates issued are
 1304  subject to cancellation by the department.
 1305         (5) A transporter license plate eligible business issued a
 1306  transporter license plate must maintain for 2 years, at its
 1307  location, records of each use of each transporter license plate
 1308  and evidence that the plate was used as required by this
 1309  chapter. Such records must be open to inspection by the
 1310  department or its agents or any law enforcement officer during
 1311  reasonable business hours. A person who fails to maintain true
 1312  and accurate records of any transporter license plate usage or
 1313  comply with this subsection commits a misdemeanor of the second
 1314  degree, punishable as provided in s. 775.082 or s. 775.083, may
 1315  be subject to cancellation of any and all transporter license
 1316  plates issued, and is automatically disqualified from future
 1317  transporter license plate issuance.
 1318         (6) When attached to a motor vehicle, a transporter license
 1319  plate issued under this section must be accompanied by the
 1320  registration issued for the transporter license plate by the
 1321  department and proof of insurance as described in subsection
 1322  (3). A person who operates a motor vehicle with a transporter
 1323  license plate attached who fails to provide the documentation
 1324  listed in this subsection commits a misdemeanor of the second
 1325  degree, punishable as provided in s. 775.082 or s. 775.083, and
 1326  the transporter license plate is subject to removal as provided
 1327  in subsection (9). This subsection does not apply to a person
 1328  who contracts with dealers and auctions to transport motor
 1329  vehicles.
 1330         (7)(2) A transporter license plate issued pursuant to
 1331  subsection (4) (1) must be in a distinctive color approved by
 1332  the department, and the word “transporter” must appear on the
 1333  face of the license plate in place of the county name.
 1334         (8)(3)An initial registration or renewal A license plate
 1335  issued under this section is valid for a period of 12 months,
 1336  beginning January 1 and ending December 31. A No refund of the
 1337  license tax imposed may not be provided for any unexpired
 1338  portion of a license period.
 1339         (9) A transporter license plate attached to a motor vehicle
 1340  in violation of subsection (4) or subsection (6) must be
 1341  immediately removed by a law enforcement officer from the motor
 1342  vehicle to which it was attached and surrendered to the
 1343  department by the law enforcement agency for cancellation.
 1344         Section 26. Subsections (1) and (2) of section 320.27,
 1345  Florida Statutes, are amended to read:
 1346         320.27 Motor vehicle dealers.—
 1347         (1) DEFINITIONS.—The following words, terms, and phrases
 1348  when used in this section have the meanings respectively
 1349  ascribed to them in this subsection, except where the context
 1350  clearly indicates a different meaning:
 1351         (a) “Department” means the Department of Highway Safety and
 1352  Motor Vehicles.
 1353         (b) “Motor vehicle” means any motor vehicle of the type and
 1354  kind required to be registered and titled under chapter 319 and
 1355  this chapter, except a recreational vehicle, moped, motorcycle
 1356  powered by a motor with a displacement of 50 cubic centimeters
 1357  or less, or mobile home.
 1358         (c) “Motor vehicle dealer” means any person engaged in the
 1359  business of buying, selling, or dealing in motor vehicles or
 1360  offering or displaying motor vehicles for sale at wholesale or
 1361  retail, or who may service and repair motor vehicles pursuant to
 1362  an agreement as defined in s. 320.60(1). Any person who buys,
 1363  sells, or deals in three or more motor vehicles in any 12-month
 1364  period or who offers or displays for sale three or more motor
 1365  vehicles in any 12-month period shall be prima facie presumed to
 1366  be a motor vehicle dealer. Any person who engages in possessing,
 1367  storing, or displaying motor vehicles for retail sale;
 1368  advertising motor vehicles for retail sale; negotiating with
 1369  consumers regarding the terms of sale for a motor vehicle;
 1370  providing test drives of motor vehicles offered for sale; or
 1371  delivering or arranging for the delivery of a motor vehicle in
 1372  conjunction with the sale of such motor vehicle is deemed to be
 1373  dealing in motor vehicles engaged in such business. The terms
 1374  “selling” and “sale” include lease-purchase transactions. A
 1375  motor vehicle dealer may, at retail or wholesale, sell a
 1376  recreational vehicle as described in s. 320.01(1)(b)1.-6. and
 1377  8., acquired in exchange for the sale of a motor vehicle,
 1378  provided such acquisition is incidental to the principal
 1379  business of being a motor vehicle dealer. However, a motor
 1380  vehicle dealer may not buy a recreational vehicle for the
 1381  purpose of resale unless licensed as a recreational vehicle
 1382  dealer pursuant to s. 320.771. A motor vehicle dealer may apply
 1383  for a certificate of title to a motor vehicle required to be
 1384  registered under s. 320.08(2)(b), (c), and (d), using a
 1385  manufacturer’s statement of origin as permitted by s. 319.23(1),
 1386  only if such dealer is authorized by a franchised agreement as
 1387  defined in s. 320.60(1), to buy, sell, or deal in such vehicle
 1388  and is authorized by such agreement to perform delivery and
 1389  preparation obligations and warranty defect adjustments on the
 1390  motor vehicle; provided this limitation shall not apply to
 1391  recreational vehicles, van conversions, or any other motor
 1392  vehicle manufactured on a truck chassis. The transfer of a motor
 1393  vehicle by a dealer not meeting these qualifications shall be
 1394  titled as a used vehicle. The classifications of motor vehicle
 1395  dealers are defined as follows:
 1396         1. “Franchised motor vehicle dealer” means any person who
 1397  engages in the business of repairing, servicing, buying,
 1398  selling, or dealing in motor vehicles pursuant to an agreement
 1399  as defined in s. 320.60(1).
 1400         2. “Independent motor vehicle dealer” means any person
 1401  other than a franchised or wholesale motor vehicle dealer who
 1402  engages in the business of buying, selling, or dealing in motor
 1403  vehicles, and who may service and repair motor vehicles.
 1404         3. “Wholesale motor vehicle dealer” means any person who
 1405  engages exclusively in the business of buying, selling, or
 1406  dealing in motor vehicles at wholesale or with motor vehicle
 1407  auctions. Such person shall be licensed to do business in this
 1408  state, shall not sell or auction a vehicle to any person who is
 1409  not a licensed dealer, and shall not have the privilege of the
 1410  use of dealer license plates. Any person who buys, sells, or
 1411  deals in motor vehicles at wholesale or with motor vehicle
 1412  auctions on behalf of a licensed motor vehicle dealer and as a
 1413  bona fide employee of such licensed motor vehicle dealer is not
 1414  required to be licensed as a wholesale motor vehicle dealer. In
 1415  such cases it shall be prima facie presumed that a bona fide
 1416  employer-employee relationship exists. A wholesale motor vehicle
 1417  dealer shall be exempt from the display provisions of this
 1418  section but shall maintain an office wherein records are kept in
 1419  order that those records may be inspected.
 1420         4. “Motor vehicle auction” means any person offering motor
 1421  vehicles or recreational vehicles for sale to the highest bidder
 1422  where buyers are licensed motor vehicle dealers. Such person
 1423  shall not sell a vehicle to anyone other than a licensed motor
 1424  vehicle dealer.
 1425         5. “Salvage motor vehicle dealer” means any person who
 1426  engages in the business of acquiring salvaged or wrecked motor
 1427  vehicles for the purpose of reselling them and their parts.
 1428  
 1429  Notwithstanding anything in this subsection to the contrary, the
 1430  term “motor vehicle dealer” does not include persons not engaged
 1431  in the purchase or sale of motor vehicles as a business who are
 1432  disposing of vehicles acquired for their own use or for use in
 1433  their business or acquired by foreclosure or by operation of
 1434  law, provided such vehicles are acquired and sold in good faith
 1435  and not for the purpose of avoiding the provisions of this law;
 1436  persons engaged in the business of manufacturing, selling, or
 1437  offering or displaying for sale at wholesale or retail no more
 1438  than 25 trailers in a 12-month period; public officers while
 1439  performing their official duties; receivers; trustees,
 1440  administrators, executors, guardians, or other persons appointed
 1441  by, or acting under the judgment or order of, any court; banks,
 1442  finance companies, or other loan agencies that acquire motor
 1443  vehicles as an incident to their regular business; motor vehicle
 1444  brokers; persons whose sole dealing in motor vehicles is owning
 1445  a publication in which, or hosting a website on which, licensed
 1446  motor vehicle dealers display vehicles for sale; and motor
 1447  vehicle rental and leasing companies that sell motor vehicles to
 1448  motor vehicle dealers licensed under this section. Vehicles
 1449  owned under circumstances described in this paragraph may be
 1450  disposed of at retail, wholesale, or auction, unless otherwise
 1451  restricted. A manufacturer of fire trucks, ambulances, or school
 1452  buses may sell such vehicles directly to governmental agencies
 1453  or to persons who contract to perform or provide firefighting,
 1454  ambulance, or school transportation services exclusively to
 1455  governmental agencies without processing such sales through
 1456  dealers if such fire trucks, ambulances, school buses, or
 1457  similar vehicles are not presently available through motor
 1458  vehicle dealers licensed by the department.
 1459         (d) “Motor vehicle broker” means any person engaged in the
 1460  business of, or who holds himself or herself out through
 1461  solicitation, advertisement, or who otherwise holds himself or
 1462  herself out as being in the business of, offering to procure or
 1463  procuring motor vehicles for assisting the general public in
 1464  purchasing or leasing a motor vehicle from a licensed motor
 1465  vehicle dealer, or who holds himself or herself out through
 1466  solicitation, advertisement, or otherwise as one who offers to
 1467  procure or procures motor vehicles for the general public, and
 1468  who does not deal in motor vehicles as provided in paragraph
 1469  (1)(c) store, display, or take ownership of any vehicles for the
 1470  purpose of selling such vehicles. Any advertisement or
 1471  solicitation by a motor vehicle broker must include a statement
 1472  that the broker is receiving a fee and must clearly state that
 1473  the person is not a licensed motor vehicle dealer.
 1474         (e) “Person” means any natural person, firm, partnership,
 1475  association, or corporation.
 1476         (f) “Bona fide employee” means a person who is employed by
 1477  a licensed motor vehicle dealer and receives annually an
 1478  Internal Revenue Service Form W-2, or an independent contractor
 1479  who has a written contract with a licensed motor vehicle dealer
 1480  and receives annually an Internal Revenue Service Form 1099, for
 1481  the purpose of acting in the capacity of or conducting motor
 1482  vehicle sales transactions as a motor vehicle dealer.
 1483         (2) LICENSE REQUIRED.—No person shall engage in business
 1484  as, serve in the capacity of, or act as a motor vehicle dealer
 1485  in this state without first obtaining a license therefor in the
 1486  appropriate classification as provided in this section. With the
 1487  exception of transactions with motor vehicle auctions, no person
 1488  other than a licensed motor vehicle dealer may advertise for
 1489  sale any motor vehicle belonging to another party unless as a
 1490  direct result of a bona fide legal proceeding, court order,
 1491  settlement of an estate, or by operation of law. However, owners
 1492  of motor vehicles titled in their names may advertise and offer
 1493  vehicles for sale on their own behalf. It shall be unlawful for
 1494  a licensed motor vehicle dealer to allow any person other than a
 1495  bona fide employee to use the motor vehicle dealer license for
 1496  the purpose of acting in the capacity of or conducting motor
 1497  vehicle sales transactions as a motor vehicle dealer. Any person
 1498  acting selling or offering a motor vehicle for sale in violation
 1499  of the licensing requirements of this subsection, or who
 1500  misrepresents to any person its relationship with any
 1501  manufacturer, importer, or distributor, in addition to the
 1502  penalties provided herein, is shall be deemed to have committed
 1503  guilty of an unfair and deceptive trade practice in violation of
 1504  as defined in part II of chapter 501 and is shall be subject to
 1505  the provisions of subsections (8) and (9).
 1506         Section 27. Section 321.25, Florida Statutes, is amended to
 1507  read:
 1508         321.25 Training provided at patrol schools; reimbursement
 1509  of tuition and other course expenses.—
 1510         (1) The Department of Highway Safety and Motor Vehicles may
 1511  is authorized to provide for the training of law enforcement
 1512  officials and individuals in matters relating to the duties,
 1513  functions, and powers of the Florida Highway Patrol in the
 1514  schools established by the department for the training of
 1515  highway patrol candidates and officers. The Department of
 1516  Highway Safety and Motor Vehicles may is authorized to charge a
 1517  fee for providing the training authorized by this section. The
 1518  fee shall be charged to persons attending the training. The fee
 1519  shall be based on the Department of Highway Safety and Motor
 1520  Vehicles’ costs for providing the training, and such costs may
 1521  include, but are not limited to, tuition, lodging, and meals.
 1522  Revenues from the fees shall be used to offset the Department of
 1523  Highway Safety and Motor Vehicles’ costs for providing the
 1524  training. The cost of training local enforcement officers shall
 1525  be paid for by their respective offices, counties, or
 1526  municipalities, as the case may be. Such cost shall be deemed a
 1527  proper county or municipal expense or a proper expenditure of
 1528  the office of sheriff.
 1529         (2) Notwithstanding s. 943.16, a person who attends
 1530  training under subsection (1) at the expense of the Department
 1531  of Highway Safety and Motor Vehicles must remain in the
 1532  employment or appointment of the Florida Highway Patrol for at
 1533  least 3 years. Once employed, if the person fails to remain
 1534  employed by the Florida Highway Patrol for at least 3 years from
 1535  the first date of employment, the person must pay the cost of
 1536  tuition and other course expenses to the Department of Highway
 1537  Safety and Motor Vehicles. As used in this section, the term
 1538  “other course expenses” may include the cost of meals and
 1539  lodging.
 1540         (3) The Department of Highway Safety and Motor Vehicles may
 1541  institute a civil action to collect the cost of tuition and
 1542  other course expenses if it is not reimbursed pursuant to
 1543  subsection (2), provided that the Florida Highway Patrol gave
 1544  written notification to the person of the 3-year employment
 1545  commitment during the employment screening process and the
 1546  person returned signed acknowledgment of receipt of such
 1547  notification.
 1548         (4) Notwithstanding any other provision of this section,
 1549  the Department of Highway Safety and Motor Vehicles may waive a
 1550  person’s requirement of reimbursement in part or in full when
 1551  the person terminates employment due to hardship or extenuating
 1552  circumstances.
 1553         Section 28. Subsection (4) of section 322.01, Florida
 1554  Statutes, is amended to read:
 1555         322.01 Definitions.—As used in this chapter:
 1556         (4) “Authorized emergency vehicle” means a vehicle that is
 1557  equipped with extraordinary audible and visual warning devices,
 1558  that is authorized by s. 316.2397 to display red, red and white,
 1559  or blue lights, and that is on call to respond to emergencies.
 1560  The term includes, but is not limited to, ambulances, law
 1561  enforcement vehicles, fire trucks, and other rescue vehicles.
 1562  The term does not include wreckers, utility trucks, or other
 1563  vehicles that are used only incidentally for emergency purposes.
 1564         Section 29. Subsection (4) of section 322.03, Florida
 1565  Statutes, is amended to read:
 1566         322.03 Drivers must be licensed; penalties.—
 1567         (4) A person may not operate a motorcycle unless he or she
 1568  holds a driver license that authorizes such operation, subject
 1569  to the appropriate restrictions and endorsements. A person may
 1570  operate an autocycle without a motorcycle endorsement.
 1571         Section 30. Subsections (1) and (2) of section 322.032,
 1572  Florida Statutes, are amended to read
 1573         322.032 Digital proof of driver license.—
 1574         (1) The department, in collaboration with the Agency for
 1575  State Technology, shall establish and implement begin to review
 1576  and prepare for the development of a secure and uniform
 1577  protocols and standards system for issuing an optional digital
 1578  proof of driver license and shall procure any application
 1579  programming interface necessary to enable a private entity to
 1580  securely manufacture a digital proof of driver license. The
 1581  department may contract with one or more private entities to
 1582  develop a digital proof of driver license system.
 1583         (2)(a)A The digital proof of driver license developed by
 1584  the department or by an entity contracted by the department must
 1585  be in such a format as to allow law enforcement to verify the
 1586  authenticity of the digital proof of driver license. The
 1587  department may adopt rules to ensure valid authentication of a
 1588  digital proof of driver license licenses by law enforcement.
 1589         (b) The act of presenting to a law enforcement officer an
 1590  electronic device displaying a digital proof of driver license
 1591  does not constitute consent for the officer to access any
 1592  information on the device other than the digital proof of driver
 1593  license.
 1594         (c) A person who presents such device to the officer
 1595  assumes liability for any resulting damage to the device.
 1596         Section 31. Paragraph (e) of subsection (8) of section
 1597  322.051, Florida Statutes, is amended to read:
 1598         322.051 Identification cards.—
 1599         (8)
 1600         (e)1. Upon request by a person who has posttraumatic stress
 1601  disorder, a traumatic brain injury, or a developmental
 1602  disability, or by a parent or guardian of a child or ward who
 1603  has posttraumatic stress disorder, a traumatic brain injury, or
 1604  a developmental disability, the department shall issue an
 1605  identification card exhibiting a capital “D” for the person,
 1606  child, or ward if the person or the parent or guardian of the
 1607  child or ward submits:
 1608         a. Payment of an additional $1 fee; and
 1609         b. Proof acceptable to the department of a diagnosis by a
 1610  licensed physician of a developmental disability as defined in
 1611  s. 393.063, posttraumatic stress disorder, or traumatic brain
 1612  injury.
 1613         2. The department shall deposit the additional $1 fee into
 1614  the Agency for Persons with Disabilities Operations and
 1615  Maintenance Trust Fund under s. 20.1971(2).
 1616         3. A replacement identification card that includes the
 1617  designation may be issued without payment of the fee required
 1618  under s. 322.21(1)(f).
 1619         4. The department shall develop rules to facilitate the
 1620  issuance, requirements, and oversight of posttraumatic stress
 1621  disorder, traumatic brain injury, and developmental disability
 1622  identification cards under this section.
 1623         Section 32. Paragraph (m) of subsection (8) of section
 1624  322.08, Florida Statutes, is amended to read:
 1625         322.08 Application for license; requirements for license
 1626  and identification card forms.—
 1627         (8) The application form for an original, renewal, or
 1628  replacement driver license or identification card must include
 1629  language permitting the following:
 1630         (m) A voluntary contribution of $1 per applicant, which
 1631  shall be distributed to Preserve Vision Prevent Blindness
 1632  Florida, a not-for-profit organization, to prevent blindness and
 1633  preserve the sight of the residents of this state.
 1634  
 1635  A statement providing an explanation of the purpose of the trust
 1636  funds shall also be included. For the purpose of applying the
 1637  service charge provided under s. 215.20, contributions received
 1638  under paragraphs (b)-(t) are not income of a revenue nature.
 1639         Section 33. Subsection (5) of section 322.091, Florida
 1640  Statutes, is amended to read:
 1641         322.091 Attendance requirements.—
 1642         (5) REPORTING AND ACCOUNTABILITY.—The department shall make
 1643  available, upon request, a report quarterly to each school
 1644  district of the legal name, sex, date of birth, and social
 1645  security number of each student whose driving privileges have
 1646  been suspended under this section.
 1647         Section 34. Subsections (1) and (5) of section 322.12,
 1648  Florida Statutes, are amended to read:
 1649         322.12 Examination of applicants.—
 1650         (1) It is the intent of the Legislature that every
 1651  applicant for an original driver license in this state be
 1652  required to pass an examination pursuant to this section.
 1653  However, the department may waive the knowledge, endorsement,
 1654  and skills tests for an applicant who is otherwise qualified and
 1655  who surrenders a valid driver license from another state or a
 1656  province of Canada, or a valid driver license issued by the
 1657  United States Armed Forces, if the driver applies for a Florida
 1658  license of an equal or lesser classification. An Any applicant
 1659  who fails to pass the initial knowledge test incurs a $10 fee
 1660  for each subsequent test, to be deposited into the Highway
 1661  Safety Operating Trust Fund; however, if a subsequent test is
 1662  administered by the tax collector, the tax collector shall
 1663  retain the $10 fee, less the General Revenue Service Charge set
 1664  forth in s. 215.20(1). An Any applicant who fails to pass the
 1665  initial skills test incurs a $20 fee for each subsequent test,
 1666  to be deposited into the Highway Safety Operating Trust Fund;
 1667  however, if a subsequent test is administered by the tax
 1668  collector, the tax collector shall retain the $20 fee, less the
 1669  General Revenue Service Charge set forth in s. 215.20(1). A
 1670  person who seeks to retain a hazardous-materials endorsement,
 1671  pursuant to s. 322.57(1)(e), must pass the hazardous-materials
 1672  test, upon surrendering his or her commercial driver license, if
 1673  the person has not taken and passed the hazardous-materials test
 1674  within 2 years before applying for a commercial driver license
 1675  in this state.
 1676         (5)(a) The department shall formulate a separate
 1677  examination for applicants for licenses to operate motorcycles.
 1678  Any applicant for a driver license who wishes to operate a
 1679  motorcycle, and who is otherwise qualified, must successfully
 1680  complete such an examination, which is in addition to the
 1681  examination administered under subsection (3). The examination
 1682  must test the applicant’s knowledge of the operation of a
 1683  motorcycle and of any traffic laws specifically relating thereto
 1684  and must include an actual demonstration of his or her ability
 1685  to exercise ordinary and reasonable control in the operation of
 1686  a motorcycle. Any applicant who fails to pass the initial
 1687  knowledge examination will incur a $5 fee for each subsequent
 1688  examination, to be deposited into the Highway Safety Operating
 1689  Trust Fund. Any applicant who fails to pass the initial skills
 1690  examination will incur a $10 fee for each subsequent
 1691  examination, to be deposited into the Highway Safety Operating
 1692  Trust Fund. In the formulation of the examination, the
 1693  department shall consider the use of the Motorcycle Operator
 1694  Skills Test and the Motorcycle in Traffic Test offered by the
 1695  Motorcycle Safety Foundation. The department shall indicate on
 1696  the license of any person who successfully completes the
 1697  examination that the licensee is authorized to operate a
 1698  motorcycle. If the applicant wishes to be licensed to operate a
 1699  motorcycle only, he or she need not take the skill or road test
 1700  required under subsection (3) for the operation of a motor
 1701  vehicle, and the department shall indicate such a limitation on
 1702  his or her license as a restriction. Every first-time applicant
 1703  for licensure to operate a motorcycle must provide proof of
 1704  completion of a motorcycle safety course, as provided for in s.
 1705  322.0255, before the applicant may be licensed to operate a
 1706  motorcycle.
 1707         (b) The department may exempt any applicant from the
 1708  examination provided in this subsection if the applicant
 1709  presents a certificate showing successful completion of a course
 1710  approved by the department, which course includes a similar
 1711  examination of the knowledge and skill of the applicant in the
 1712  operation of a motorcycle.
 1713         (c) This subsection does not apply to the operation of an
 1714  autocycle.
 1715         Section 35. Paragraph (d) is added to subsection (1) of
 1716  section 322.135, Florida Statutes, to read:
 1717         322.135 Driver license agents.—
 1718         (1) The department shall, upon application, authorize by
 1719  interagency agreement any or all of the tax collectors who are
 1720  constitutional officers under s. 1(d), Art. VIII of the State
 1721  Constitution in the several counties of the state, subject to
 1722  the requirements of law, in accordance with rules of the
 1723  department, to serve as its agent for the provision of specified
 1724  driver license services.
 1725         (d)Each tax collector shall provide the same driver
 1726  license services in office to residents of other counties that
 1727  it provides for residents of its home county.
 1728         Section 36. Paragraph (b) of subsection (1) of section
 1729  322.17, Florida Statutes, is amended to read:
 1730         322.17 Replacement licenses, identification cards, and
 1731  permits.—
 1732         (1) 
 1733         (b) In the event that an instruction permit, or driver
 1734  license, or identification card issued under the provisions of
 1735  this chapter is stolen, the person to whom the same was issued
 1736  may, at no charge, obtain a replacement upon furnishing proof
 1737  satisfactory to the department that such permit, or license, or
 1738  identification card was stolen and further furnishing the
 1739  person’s full name, date of birth, sex, residence and mailing
 1740  address, proof of birth satisfactory to the department, and
 1741  proof of identity satisfactory to the department.
 1742         Section 37. Paragraphs (e) and (i) of subsection (1) and
 1743  subsection (8) of section 322.21, Florida Statutes, are amended,
 1744  and subsection (10) is added to that section, to read:
 1745         322.21 License fees; procedure for handling and collecting
 1746  fees.—
 1747         (1) Except as otherwise provided herein, the fee for:
 1748         (e) A replacement driver license issued pursuant to s.
 1749  322.17 is $25. Of this amount, $7 shall be deposited into the
 1750  Highway Safety Operating Trust Fund and $18 shall be deposited
 1751  into the General Revenue Fund. Beginning July 1, 2015, or upon
 1752  completion of the transition of driver license issuance
 1753  services, If the replacement driver license is issued by the tax
 1754  collector, the tax collector shall retain the $7 that would
 1755  otherwise be deposited into the Highway Safety Operating Trust
 1756  Fund and the remaining revenues shall be deposited into the
 1757  General Revenue Fund.
 1758         (i) The specialty driver license or identification card
 1759  issued pursuant to s. 322.1415 is $25, which is in addition to
 1760  other fees required in this section. The fee shall be
 1761  distributed as follows:
 1762         1. Fifty percent shall be distributed as provided in s.
 1763  320.08058 to the appropriate state or independent university,
 1764  professional sports team, or branch of the United States Armed
 1765  Forces.
 1766         2. Fifty percent shall be distributed to the department for
 1767  costs directly related to the specialty driver license and
 1768  identification card program and to defray the costs associated
 1769  with production enhancements and distribution.
 1770         (8) A Any person who applies for reinstatement following
 1771  the suspension or revocation of the person’s driver license must
 1772  pay a service fee of $45 following a suspension, and $75
 1773  following a revocation, which is in addition to the fee for a
 1774  license. A Any person who applies for reinstatement of a
 1775  commercial driver license following the disqualification of the
 1776  person’s privilege to operate a commercial motor vehicle shall
 1777  pay a service fee of $75, which is in addition to the fee for a
 1778  license. The department shall collect all of these fees at the
 1779  time of reinstatement. The department shall issue proper
 1780  receipts for such fees and shall promptly transmit all funds
 1781  received by it as follows:
 1782         (a) Of the $45 fee received from a licensee for
 1783  reinstatement following a suspension:
 1784         1. If the reinstatement is processed by the department, the
 1785  department shall deposit $15 in the General Revenue Fund and $30
 1786  in the Highway Safety Operating Trust Fund.
 1787         2. If the reinstatement is processed by the tax collector,
 1788  $15, less the General Revenue Service Charge set forth in s.
 1789  215.20(1), shall be retained by the tax collector, $15 shall be
 1790  deposited into the Highway Safety Operating Trust Fund, and $15
 1791  shall be deposited into the General Revenue Fund.
 1792         (b) Of the $75 fee received from a licensee for
 1793  reinstatement following a revocation or disqualification:
 1794         1. If the reinstatement is processed by the department, the
 1795  department shall deposit $35 in the General Revenue Fund and $40
 1796  in the Highway Safety Operating Trust Fund.
 1797         2. If the reinstatement is processed by the tax collector,
 1798  $20, less the General Revenue Service Charge set forth in s.
 1799  215.20(1), shall be retained by the tax collector, $20 shall be
 1800  deposited into the Highway Safety Operating Trust Fund, and $35
 1801  shall be deposited into the General Revenue Fund.
 1802  
 1803  If the revocation or suspension of the driver license was for a
 1804  violation of s. 316.193, or for refusal to submit to a lawful
 1805  breath, blood, or urine test, an additional fee of $130 must be
 1806  charged. However, only one $130 fee may be collected from one
 1807  person convicted of violations arising out of the same incident.
 1808  The department shall collect the $130 fee and deposit the fee
 1809  into the Highway Safety Operating Trust Fund at the time of
 1810  reinstatement of the person’s driver license, but the fee may
 1811  not be collected if the suspension or revocation is overturned.
 1812  If the revocation or suspension of the driver license was for a
 1813  conviction for a violation of s. 817.234(8) or (9) or s.
 1814  817.505, an additional fee of $180 is imposed for each offense.
 1815  The department shall collect and deposit the additional fee into
 1816  the Highway Safety Operating Trust Fund at the time of
 1817  reinstatement of the person’s driver license.
 1818         (10) An applicant who submits an application for a renewal
 1819  or replacement driver license or identification card to the
 1820  department using a convenience service shall be provided with an
 1821  option for expedited shipping whereby the department, at the
 1822  applicant’s request, shall issue the license or identification
 1823  card within 5 working days after receipt of the application and
 1824  ship the license or card using an expedited mail service. A fee
 1825  shall be charged for the expedited shipping option, not to
 1826  exceed the cost of the expedited mail service, which is in
 1827  addition to fees imposed by s. 322.051, this section, or the
 1828  convenience service. Fees collected for the expedited shipping
 1829  option shall be deposited into the Highway Safety Operating
 1830  Trust Fund.
 1831         Section 38. Subsection (1) of section 322.61, Florida
 1832  Statutes, is amended, and subsection (2) of that section is
 1833  reenacted, to read:
 1834         322.61 Disqualification from operating a commercial motor
 1835  vehicle.—
 1836         (1) A person who, for offenses occurring within a 3-year
 1837  period, is convicted of two of the following serious traffic
 1838  violations, or any combination thereof, arising in separate
 1839  incidents committed in a commercial motor vehicle shall, in
 1840  addition to any other applicable penalties, be disqualified from
 1841  operating a commercial motor vehicle for a period of 60 days. A
 1842  holder of a commercial driver license or commercial learner’s
 1843  permit who, for offenses occurring within a 3-year period, is
 1844  convicted of two of the following serious traffic violations, or
 1845  any combination thereof, arising in separate incidents committed
 1846  in a noncommercial motor vehicle shall, in addition to any other
 1847  applicable penalties, be disqualified from operating a
 1848  commercial motor vehicle for a period of 60 days if such
 1849  convictions result in the suspension, revocation, or
 1850  cancellation of the licenseholder’s driving privilege:
 1851         (a) A violation of any state or local law relating to motor
 1852  vehicle traffic control, other than a parking violation, arising
 1853  in connection with a crash resulting in death;
 1854         (b) Reckless driving, as defined in s. 316.192;
 1855         (c) Unlawful speed of 15 miles per hour or more above the
 1856  posted speed limit;
 1857         (d) Improper lane change, as defined in s. 316.085;
 1858         (e) Following too closely, as defined in s. 316.0895;
 1859         (f) Texting while driving a commercial motor vehicle, as
 1860  prohibited by 49 C.F.R. 392.80;
 1861         (g) Using a handheld mobile telephone while driving a
 1862  commercial motor vehicle, as prohibited by 49 C.F.R. 392.82;
 1863         (h)(f) Driving a commercial vehicle without obtaining a
 1864  commercial driver license;
 1865         (i)(g) Driving a commercial vehicle without the proper
 1866  class of commercial driver license or commercial learner’s
 1867  permit or without the proper endorsement; or
 1868         (j)(h) Driving a commercial vehicle without a commercial
 1869  driver license or commercial learner’s permit in possession, as
 1870  required by s. 322.03.
 1871         (2)(a) Any person who, for offenses occurring within a 3
 1872  year period, is convicted of three serious traffic violations
 1873  specified in subsection (1) or any combination thereof, arising
 1874  in separate incidents committed in a commercial motor vehicle
 1875  shall, in addition to any other applicable penalties, including
 1876  but not limited to the penalty provided in subsection (1), be
 1877  disqualified from operating a commercial motor vehicle for a
 1878  period of 120 days.
 1879         (b) A holder of a commercial driver license or commercial
 1880  learner’s permit who, for offenses occurring within a 3-year
 1881  period, is convicted of three serious traffic violations
 1882  specified in subsection (1) or any combination thereof arising
 1883  in separate incidents committed in a noncommercial motor vehicle
 1884  shall, in addition to any other applicable penalties, including,
 1885  but not limited to, the penalty provided in subsection (1), be
 1886  disqualified from operating a commercial motor vehicle for a
 1887  period of 120 days if such convictions result in the suspension,
 1888  revocation, or cancellation of the licenseholder’s driving
 1889  privilege.
 1890         Section 39. Section 324.031, Florida Statutes, is amended
 1891  to read:
 1892         324.031 Manner of proving financial responsibility.—The
 1893  owner or operator of a taxicab, limousine, jitney, or any other
 1894  for-hire passenger transportation vehicle may prove financial
 1895  responsibility by providing satisfactory evidence of holding a
 1896  motor vehicle liability policy as defined in s. 324.021(8) or s.
 1897  324.151, which policy is provided by an insurer authorized to do
 1898  business in this state issued by an insurance carrier which is a
 1899  member of the Florida Insurance Guaranty Association or is an
 1900  eligible surplus lines insurer that has a superior, excellent,
 1901  exceptional, or equivalent financial strength rating by a rating
 1902  agency acceptable to the Office of Insurance Regulation of the
 1903  Financial Services Commission. The operator or owner of any
 1904  other vehicle may prove his or her financial responsibility by:
 1905         (1) Furnishing satisfactory evidence of holding a motor
 1906  vehicle liability policy as defined in ss. 324.021(8) and
 1907  324.151;
 1908         (2) Furnishing a certificate of self-insurance showing a
 1909  deposit of cash in accordance with s. 324.161; or
 1910         (3) Furnishing a certificate of self-insurance issued by
 1911  the department in accordance with s. 324.171.
 1912  
 1913  Any person, including any firm, partnership, association,
 1914  corporation, or other person, other than a natural person,
 1915  electing to use the method of proof specified in subsection (2)
 1916  shall furnish a certificate of deposit equal to the number of
 1917  vehicles owned times $30,000, to a maximum of $120,000; in
 1918  addition, any such person, other than a natural person, shall
 1919  maintain insurance providing coverage in excess of limits of
 1920  $10,000/20,000/10,000 or $30,000 combined single limits, and
 1921  such excess insurance shall provide minimum limits of
 1922  $100,000/$300,000 $125,000/250,000 /50,000 or $300,000 combined
 1923  single limits. These increased limits shall not affect the
 1924  requirements for proving financial responsibility under s.
 1925  324.032(1).
 1926         Section 40. Section 877.27, Florida Statutes, is amended to
 1927  read:
 1928         877.27 Unauthorized transmissions to, or interference with,
 1929  a public or commercial radio station licensed by the Federal
 1930  Communications Commission or global positioning system
 1931  prohibited; penalties.—
 1932         (1) A person may not:
 1933         (a) Make, or cause to be made, a radio transmission in this
 1934  state unless the person obtains a license or an exemption from
 1935  licensure from the Federal Communications Commission under 47
 1936  U.S.C. s. 301, or other applicable federal law or regulation; or
 1937         (b) Do any act, whether direct or indirect, to cause an
 1938  unlicensed radio transmission to, or interference with, a public
 1939  or commercial radio station licensed by the Federal
 1940  Communications Commission or to enable the radio transmission or
 1941  interference to occur.
 1942         (c) Use a device prohibited by the Federal Communications
 1943  Commission which would cause interference with the legal use of
 1944  a global positioning system (GPS) to track vehicles.
 1945         (2) A person who violates this section commits a felony of
 1946  the third degree, punishable as provided in s. 775.082, s.
 1947  775.083, or s. 775.084.
 1948         Section 41. Paragraph (c) of subsection (1) of section
 1949  212.05, Florida Statutes, is amended to read:
 1950         212.05 Sales, storage, use tax.—It is hereby declared to be
 1951  the legislative intent that every person is exercising a taxable
 1952  privilege who engages in the business of selling tangible
 1953  personal property at retail in this state, including the
 1954  business of making mail order sales, or who rents or furnishes
 1955  any of the things or services taxable under this chapter, or who
 1956  stores for use or consumption in this state any item or article
 1957  of tangible personal property as defined herein and who leases
 1958  or rents such property within the state.
 1959         (1) For the exercise of such privilege, a tax is levied on
 1960  each taxable transaction or incident, which tax is due and
 1961  payable as follows:
 1962         (c) At the rate of 6 percent of the gross proceeds derived
 1963  from the lease or rental of tangible personal property, as
 1964  defined herein; however, the following special provisions apply
 1965  to the lease or rental of motor vehicles:
 1966         1. When a motor vehicle is leased or rented for a period of
 1967  less than 12 months:
 1968         a. If the motor vehicle is rented in Florida, the entire
 1969  amount of such rental is taxable, even if the vehicle is dropped
 1970  off in another state.
 1971         b. If the motor vehicle is rented in another state and
 1972  dropped off in Florida, the rental is exempt from Florida tax.
 1973         2. Except as provided in subparagraph 3., for the lease or
 1974  rental of a motor vehicle for a period of not less than 12
 1975  months, sales tax is due on the lease or rental payments if the
 1976  vehicle is registered in this state; provided, however, that no
 1977  tax shall be due if the taxpayer documents use of the motor
 1978  vehicle outside this state and tax is being paid on the lease or
 1979  rental payments in another state.
 1980         3. The tax imposed by this chapter does not apply to the
 1981  lease or rental of a commercial motor vehicle as defined in s.
 1982  316.003(13)(a) s. 316.003(12)(a) to one lessee or rentee for a
 1983  period of not less than 12 months when tax was paid on the
 1984  purchase price of such vehicle by the lessor. To the extent tax
 1985  was paid with respect to the purchase of such vehicle in another
 1986  state, territory of the United States, or the District of
 1987  Columbia, the Florida tax payable shall be reduced in accordance
 1988  with the provisions of s. 212.06(7). This subparagraph shall
 1989  only be available when the lease or rental of such property is
 1990  an established business or part of an established business or
 1991  the same is incidental or germane to such business.
 1992         Section 42. Subsection (1) of section 316.303, Florida
 1993  Statutes, is amended to read:
 1994         316.303 Television receivers.—
 1995         (1) No motor vehicle may be operated on the highways of
 1996  this state if the vehicle is actively displaying moving
 1997  television broadcast or pre-recorded video entertainment content
 1998  that is visible from the driver’s seat while the vehicle is in
 1999  motion, unless the vehicle is equipped with autonomous
 2000  technology, as defined in s. 316.003(3) s. 316.003(2), and is
 2001  being operated in autonomous mode, as provided in s. 316.85(2).
 2002         Section 43. Paragraph (b) of subsection (2) of section
 2003  316.545, Florida Statutes, is amended to read:
 2004         316.545 Weight and load unlawful; special fuel and motor
 2005  fuel tax enforcement; inspection; penalty; review.—
 2006         (2)
 2007         (b) The officer or inspector shall inspect the license
 2008  plate or registration certificate of the commercial vehicle to
 2009  determine whether its gross weight is in compliance with the
 2010  declared gross vehicle weight. If its gross weight exceeds the
 2011  declared weight, the penalty shall be 5 cents per pound on the
 2012  difference between such weights. In those cases when the
 2013  commercial vehicle is being operated over the highways of the
 2014  state with an expired registration or with no registration from
 2015  this or any other jurisdiction or is not registered under the
 2016  applicable provisions of chapter 320, the penalty herein shall
 2017  apply on the basis of 5 cents per pound on that scaled weight
 2018  which exceeds 35,000 pounds on laden truck tractor-semitrailer
 2019  combinations or tandem trailer truck combinations, 10,000 pounds
 2020  on laden straight trucks or straight truck-trailer combinations,
 2021  or 10,000 pounds on any unladen commercial motor vehicle. A
 2022  driver of a commercial motor vehicle entering the state at a
 2023  designated port-of-entry location, as defined in s. 316.003 s.
 2024  316.003(54), or operating on designated routes to a port-of
 2025  entry location, who obtains a temporary registration permit
 2026  shall be assessed a penalty limited to the difference between
 2027  its gross weight and the declared gross vehicle weight at 5
 2028  cents per pound. If the license plate or registration has not
 2029  been expired for more than 90 days, the penalty imposed under
 2030  this paragraph may not exceed $1,000. In the case of special
 2031  mobile equipment, which qualifies for the license tax provided
 2032  for in s. 320.08(5)(b), being operated on the highways of the
 2033  state with an expired registration or otherwise not properly
 2034  registered under the applicable provisions of chapter 320, a
 2035  penalty of $75 shall apply in addition to any other penalty
 2036  which may apply in accordance with this chapter. A vehicle found
 2037  in violation of this section may be detained until the owner or
 2038  operator produces evidence that the vehicle has been properly
 2039  registered. Any costs incurred by the retention of the vehicle
 2040  shall be the sole responsibility of the owner. A person who has
 2041  been assessed a penalty pursuant to this paragraph for failure
 2042  to have a valid vehicle registration certificate pursuant to the
 2043  provisions of chapter 320 is not subject to the delinquent fee
 2044  authorized in s. 320.07 if such person obtains a valid
 2045  registration certificate within 10 working days after such
 2046  penalty was assessed.
 2047         Section 44. Paragraph (a) of subsection (2) of section
 2048  316.613, Florida Statutes, is amended to read:
 2049         316.613 Child restraint requirements.—
 2050         (2) As used in this section, the term “motor vehicle” means
 2051  a motor vehicle as defined in s. 316.003 that is operated on the
 2052  roadways, streets, and highways of the state. The term does not
 2053  include:
 2054         (a) A school bus as defined in s. 316.003 s. 316.003(68).
 2055         Section 45. Subsection (1) of section 655.960, Florida
 2056  Statutes, is amended to read:
 2057         655.960 Definitions; ss. 655.960-655.965.—As used in this
 2058  section and ss. 655.961-655.965, unless the context otherwise
 2059  requires:
 2060         (1) “Access area” means any paved walkway or sidewalk which
 2061  is within 50 feet of any automated teller machine. The term does
 2062  not include any street or highway open to the use of the public,
 2063  as defined in s. 316.003(78)(a) or (b) s. 316.003(77)(a) or (b),
 2064  including any adjacent sidewalk, as defined in s. 316.003.
 2065         Section 46. The amendments made by this act to s. 318.18,
 2066  Florida Statutes, shall apply upon the adoption by rule of
 2067  uniform traffic citation forms. The Department of Highway Safety
 2068  and Motor Vehicles shall notify the Division of Law Revision and
 2069  Information upon the adoption of such forms.
 2070         Section 47. Except as otherwise provided in this act, this
 2071  act shall take effect October 1, 2017.