Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. CS for SB 784
Ì726846JÎ726846
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/18/2017 .
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Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Brandes) recommended the following:
1 Senate Substitute for Amendment (499186) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Present subsections (2) through (97) of section
7 316.003, Florida Statutes, are redesignated as subsections (3)
8 through (98), respectively, a new subsection (2) is added to
9 that section, and present subsections (41) and (55) of that
10 section are amended, to read:
11 316.003 Definitions.—The following words and phrases, when
12 used in this chapter, shall have the meanings respectively
13 ascribed to them in this section, except where the context
14 otherwise requires:
15 (2) AUTOCYCLE.—A three-wheel motorcycle that has two wheels
16 in the front and one wheel in the back, is equipped with a roll
17 cage or roll hoops, safety belts for each occupant, antilock
18 brakes, a steering wheel, and seating that does not require the
19 operator to straddle or sit astride it and is manufactured by a
20 National Highway Traffic Safety Administration registered
21 manufacturer in accordance with the applicable federal
22 motorcycle safety standards under 49 C.F.R. part 571.
23 (42)(41) MOTORCYCLE.—Any motor vehicle that has having a
24 seat or saddle for the use of the rider which is and designed to
25 travel on not more than three wheels in contact with the ground,
26 including an autocycle. The term does not include a tractor, a
27 moped, or a vehicle in which the operator is enclosed by a cabin
28 unless the vehicle meets the requirements set forth by the
29 National Highway Traffic Safety Administration for a motorcycle
30 but excluding a tractor or a moped.
31 (56)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
32 provided in paragraph (78)(b) (77)(b), any privately owned way
33 or place used for vehicular travel by the owner and those having
34 express or implied permission from the owner, but not by other
35 persons.
36 Section 2. Subsections (1) and (3) of section 316.2397,
37 Florida Statutes, are amended to read:
38 316.2397 Certain lights prohibited; exceptions.—
39 (1) A No person may not shall drive or move or cause to be
40 moved any vehicle or equipment upon any highway within this
41 state with a any lamp or device thereon showing or displaying a
42 red, red and white, or blue light visible from directly in front
43 thereof except for certain vehicles hereinafter provided in this
44 section.
45 (3) Vehicles of the fire department and fire patrol,
46 including vehicles of volunteer firefighters as permitted under
47 s. 316.2398, may show or display red, or red and white, lights.
48 Vehicles of medical staff physicians or technicians of medical
49 facilities licensed by the state as authorized under s.
50 316.2398, ambulances as authorized under this chapter, and buses
51 and taxicabs as authorized under s. 316.2399 may show or display
52 red lights. Vehicles of the fire department, fire patrol, police
53 vehicles, and such ambulances and emergency vehicles of
54 municipal and county departments, public service corporations
55 operated by private corporations, the Fish and Wildlife
56 Conservation Commission, the Department of Environmental
57 Protection, the Department of Transportation, the Department of
58 Agriculture and Consumer Services, and the Department of
59 Corrections as are designated or authorized by their respective
60 department or the chief of police of an incorporated city or any
61 sheriff of any county may operate emergency lights and sirens in
62 an emergency. Wreckers, mosquito control fog and spray vehicles,
63 and emergency vehicles of governmental departments or public
64 service corporations may show or display amber lights when in
65 actual operation or when a hazard exists provided they are not
66 used going to and from the scene of operation or hazard without
67 specific authorization of a law enforcement officer or law
68 enforcement agency. Wreckers, flatbed, car carriers, or
69 rollbacks registered as wreckers pursuant to s. 320.08(5)(d) or
70 (e) must use amber rotating or flashing lights while performing
71 recoveries and loading on the roadside day or night, and may use
72 such lights while towing a vehicle on wheel lifts, slings, or
73 under reach, flatbeds, car carriers, or rollbacks if the
74 operator of the wrecker deems such lights necessary. A flatbed,
75 car carrier, or rollback may not use amber rotating or flashing
76 lights when hauling a vehicle on the bed unless it creates a
77 hazard to other motorists because of protruding objects.
78 Further, escort vehicles may show or display amber lights when
79 in the actual process of escorting overdimensioned equipment,
80 material, or buildings as authorized by law. Vehicles owned or
81 leased by private security agencies may show or display green
82 and amber lights, with either color being no greater than 50
83 percent of the lights displayed, while the security personnel
84 are engaged in security duties on private or public property.
85 Section 3. Section 316.2398, Florida Statutes, is amended
86 to read:
87 316.2398 Display or use of red, or red and white, warning
88 signals; motor vehicles of volunteer firefighters or medical
89 staff.—
90 (1) A privately owned vehicle belonging to an active
91 firefighter member of a regularly organized volunteer
92 firefighting company or association, while en route to the fire
93 station for the purpose of proceeding to the scene of a fire or
94 other emergency or while en route to the scene of a fire or
95 other emergency in the line of duty as an active firefighter
96 member of a regularly organized firefighting company or
97 association, may display or use red, or red and white, warning
98 signals. or A privately owned vehicle belonging to a medical
99 staff physician or technician of a medical facility licensed by
100 the state, while responding to an emergency in the line of duty,
101 may display or use red warning signals. Warning signals must be
102 visible from the front and from the rear of such vehicle,
103 subject to the following restrictions and conditions:
104 (a) Red, or red and white, No more than two red warning
105 signals may be displayed as determined by the responding agency
106 in order to maintain public safety and the safety of the
107 responding vehicle occupants.
108 (b) No inscription of any kind may appear across the face
109 of the lens of the red, or red and white, warning signal.
110 (c) In order for an active volunteer firefighter to display
111 such red, or red and white, warning signals on his or her
112 vehicle, the volunteer firefighter must first secure a written
113 permit from the chief executive officers of the firefighting
114 organization to use the red, or red and white, warning signals,
115 and this permit must be carried by the volunteer firefighter at
116 all times while the red, or red and white, warning signals are
117 displayed.
118 (2) A It is unlawful for any person who is not an active
119 firefighter member of a regularly organized volunteer
120 firefighting company or association or a physician or technician
121 of the medical staff of a medical facility licensed by the state
122 may not to display on any motor vehicle owned by him or her, at
123 any time, any red, or red and white, warning signals as
124 described in subsection (1).
125 (3) It is unlawful for An active volunteer firefighter may
126 not to operate any red, or red and white, warning signals as
127 authorized in subsection (1), except while en route to the fire
128 station for the purpose of proceeding to the scene of a fire or
129 other emergency, or while at or en route to the scene of a fire
130 or other emergency, in the line of duty.
131 (4) It is unlawful for A physician or technician of the
132 medical staff of a medical facility may not to operate any red
133 warning signals as authorized in subsection (1), except when
134 responding to an emergency in the line of duty.
135 (5) A violation of this section is a nonmoving violation,
136 punishable as provided in chapter 318. In addition, a any
137 volunteer firefighter who violates this section shall be
138 dismissed from membership in the firefighting organization by
139 the chief executive officers thereof.
140 Section 4. Subsection (1) and paragraphs (a), (c), (d), and
141 (f) of subsection (2) of section 316.302, Florida Statutes, are
142 amended to read:
143 316.302 Commercial motor vehicles; safety regulations;
144 transporters and shippers of hazardous materials; enforcement.—
145 (1) Except as otherwise provided in subsection (3):
146 (a) All owners and drivers of commercial motor vehicles
147 that are operated on the public highways of this state while
148 engaged in interstate commerce are subject to the rules and
149 regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
150 (b) Except as otherwise provided in this section, all
151 owners or drivers of commercial motor vehicles that are engaged
152 in intrastate commerce are subject to the rules and regulations
153 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
154 the exception of 49 C.F.R. s. 390.5 as it relates to the
155 definition of bus, as such rules and regulations existed on
156 December 31, 2016 2012.
157 (c) The emergency exceptions provided by 49 C.F.R. s.
158 392.82 also apply to communications by utility drivers and
159 utility contractor drivers during a Level 1 activation of the
160 State Emergency Operations Center, as provided in the Florida
161 Comprehensive Emergency Management plan, or during a state of
162 emergency declared by executive order or proclamation of the
163 Governor.
164 (d) Except as provided in s. 316.215(5), and except as
165 provided in s. 316.228 for rear overhang lighting and flagging
166 requirements for intrastate operations, the requirements of this
167 section supersede all other safety requirements of this chapter
168 for commercial motor vehicles.
169 (e) The requirement for electronic logging devices and
170 hours of service support documents will not go into effect for
171 motor carriers engaged in intrastate commerce, not carrying
172 hazardous materials in amounts that require placards, until
173 December 31, 2018.
174 (2)(a) A person who operates a commercial motor vehicle
175 solely in intrastate commerce not transporting any hazardous
176 material in amounts that require placarding pursuant to 49
177 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
178 and 395.3 395.3(a) and (b).
179 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
180 operates a commercial motor vehicle solely in intrastate
181 commerce not transporting any hazardous material in amounts that
182 require placarding pursuant to 49 C.F.R. part 172 may not drive
183 after having been on duty more than 70 hours in any period of 7
184 consecutive days or more than 80 hours in any period of 8
185 consecutive days if the motor carrier operates every day of the
186 week. Thirty-four consecutive hours off duty shall constitute
187 the end of any such period of 7 or 8 consecutive days. This
188 weekly limit does not apply to a person who operates a
189 commercial motor vehicle solely within this state while
190 transporting, during harvest periods, any unprocessed
191 agricultural products or unprocessed food or fiber that is
192 subject to seasonal harvesting from place of harvest to the
193 first place of processing or storage or from place of harvest
194 directly to market or while transporting livestock, livestock
195 feed, or farm supplies directly related to growing or harvesting
196 agricultural products. Upon request of the Department of Highway
197 Safety and Motor Vehicles, motor carriers shall furnish time
198 records or other written verification to that department so that
199 the Department of Highway Safety and Motor Vehicles can
200 determine compliance with this subsection. These time records
201 must be furnished to the Department of Highway Safety and Motor
202 Vehicles within 2 days after receipt of that department’s
203 request. Falsification of such information is subject to a civil
204 penalty not to exceed $100. The provisions of This paragraph
205 does do not apply to operators of farm labor vehicles operated
206 during a state of emergency declared by the Governor or operated
207 pursuant to s. 570.07(21), and does do not apply to drivers of
208 utility service vehicles as defined in 49 C.F.R. s. 395.2.
209 (d) A person who operates a commercial motor vehicle solely
210 in intrastate commerce not transporting any hazardous material
211 in amounts that require placarding pursuant to 49 C.F.R. part
212 172 within a 150 air-mile radius of the location where the
213 vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
214 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (e)(1)(iii)(A) and
215 (C), 395.1(e)(1)(iii) and (e)(1)(v) are met. If a driver is not
216 released from duty within 12 hours after the driver arrives for
217 duty, the motor carrier must maintain documentation of the
218 driver’s driving times throughout the duty period.
219 (f) A person who operates a commercial motor vehicle having
220 a declared gross vehicle weight, gross vehicle weight rating,
221 and gross combined weight rating of less than 26,001 pounds
222 solely in intrastate commerce and who is not transporting
223 hazardous materials in amounts that require placarding pursuant
224 to 49 C.F.R. part 172, or who is transporting petroleum products
225 as defined in s. 376.301, is exempt from subsection (1).
226 However, such person must comply with 49 C.F.R. parts 382, 392,
227 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
228 Section 5. Paragraph (a) of subsection (6) of section
229 316.3025, Florida Statutes, is amended to read:
230 316.3025 Penalties.—
231 (6)(a) A driver who violates 49 C.F.R. s. 392.80, which
232 prohibits texting while operating a commercial motor vehicle, or
233 49 C.F.R. s. 392.82, which prohibits using a handheld mobile
234 telephone while operating a commercial motor vehicle, may be
235 assessed a civil penalty and commercial driver license
236 disqualification as follows:
237 1. First violation: $500.
238 2. Second violation: $1,000 and a 60-day commercial driver
239 license disqualification pursuant to 49 C.F.R. part 383.
240 3. Third and subsequent violations: $2,750 and a 120-day
241 commercial driver license disqualification pursuant to 49 C.F.R.
242 part 383.
243 Section 6. Paragraph (a) of subsection (3) and subsections
244 (4) and (5) of section 316.614, Florida Statutes, are amended to
245 read:
246 316.614 Safety belt usage.—
247 (3) As used in this section:
248 (a) “Motor vehicle” means a motor vehicle as defined in s.
249 316.003 which is operated on the roadways, streets, and highways
250 of this state. The term does not include:
251 1. A school bus.
252 2. A bus used for the transportation of persons for
253 compensation.
254 3. A farm tractor or implement of husbandry.
255 4. A truck having a gross vehicle weight rating of more
256 than 26,000 pounds.
257 5. A motorcycle, excluding an autocycle for purposes of
258 subsections (4) and (5), moped, or bicycle.
259 (4) It is unlawful for any person:
260 (a) To operate a motor vehicle or an autocycle in this
261 state unless each passenger and the operator of the vehicle
262 under the age of 18 years are restrained by a safety belt or by
263 a child restraint device pursuant to s. 316.613, if applicable;
264 or
265 (b) To operate a motor vehicle or an autocycle in this
266 state unless the person is restrained by a safety belt.
267 (5) It is unlawful for any person 18 years of age or older
268 to be a passenger in the front seat of a motor vehicle or an
269 autocycle unless such person is restrained by a safety belt when
270 the vehicle is in motion.
271 Section 7. Subsection (1) of section 316.85, Florida
272 Statutes, is amended to read:
273 316.85 Autonomous vehicles; operation.—
274 (1) A person who possesses a valid driver license may
275 operate an autonomous vehicle, or may engage autonomous
276 technology to operate an autonomous vehicle, in autonomous mode
277 on roads in this state if the vehicle is equipped with
278 autonomous technology, as defined in s. 316.003. A person who
279 does not possess a valid driver license may engage autonomous
280 technology to operate an autonomous vehicle in autonomous mode
281 only if the vehicle is equipped with autonomous technology, as
282 defined in s. 316.003, and if the vehicle has no capability or
283 means by which the person inside the vehicle is able to take
284 control of the vehicle’s operation or to disengage the
285 autonomous technology, regardless of where the person is seated
286 within the vehicle.
287 Section 8. Effective upon the same date that SB 340 or
288 similar legislation takes effect, if such legislation is adopted
289 in the 2017 Regular Session or any extension thereof and becomes
290 a law, section 316.851, Florida Statutes, is created to read:
291 316.851 Autonomous vehicles; providing prearranged rides.—
292 (1) An autonomous vehicle used by a transportation network
293 company to provide a prearranged ride must be covered by
294 automobile insurance as required by s. 627.748, regardless of
295 whether a human operator is physically present within the
296 vehicle when the ride occurs. When an autonomous vehicle is
297 logged on to a digital network but is not engaged in a
298 prearranged ride, the autonomous vehicle must maintain insurance
299 coverage as defined in s. 627.748(7)(b).
300 (2) An autonomous vehicle used to provide a transportation
301 service shall carry in the vehicle proof of coverage satisfying
302 the requirements of this section at all times while operating in
303 autonomous mode.
304 Section 9. Section 318.1215, Florida Statutes, is amended
305 to read:
306 318.1215 Dori Slosberg Driver Education Safety Act.
307 Notwithstanding the provisions of s. 318.121, a board of county
308 commissioners may require, by ordinance, that the clerk of the
309 court collect an additional $5 with each criminal civil traffic
310 penalty, which shall be used to fund driver education programs
311 in public and nonpublic schools. The ordinance shall provide for
312 the board of county commissioners to administer the funds, which
313 shall be used for enhancement, and not replacement, of driver
314 education program funds. The funds shall be used for direct
315 educational expenses and shall not be used for administration.
316 Each driver education program receiving funds pursuant to this
317 section shall require that a minimum of 30 percent of a
318 student’s time in the program be behind-the-wheel training. This
319 section may be cited as the “Dori Slosberg Driver Education
320 Safety Act.”
321 Section 10. Paragraph (d) of subsection (3) of section
322 318.18, Florida Statutes, is amended to read:
323 318.18 Amount of penalties.—The penalties required for a
324 noncriminal disposition pursuant to s. 318.14 or a criminal
325 offense listed in s. 318.17 are as follows:
326 (3)
327 (d) Notwithstanding paragraph (b), a person cited for
328 exceeding the speed limit in a posted work construction zone,
329 which posting must include notification of the speed limit and
330 the doubling of fines, shall pay a fine double the amount listed
331 in paragraph (b). The fine shall be doubled for work
332 construction zone violations only if work construction personnel
333 are present or operating equipment on the road or immediately
334 adjacent to the road under construction.
335 Section 11. Subsections (24) and (26) of section 320.01,
336 Florida Statutes, are amended to read:
337 320.01 Definitions, general.—As used in the Florida
338 Statutes, except as otherwise provided, the term:
339 (24) “Apportionable vehicle” means any vehicle, except
340 recreational vehicles, vehicles displaying restricted plates,
341 city pickup and delivery vehicles, buses used in transportation
342 of chartered parties, and government-owned vehicles, which is
343 used or intended for use in two or more member jurisdictions
344 that allocate or proportionally register vehicles and which is
345 used for the transportation of persons for hire or is designed,
346 used, or maintained primarily for the transportation of property
347 and:
348 (a) Is a power unit having a gross vehicle weight in excess
349 of 26,000 pounds;
350 (b) Is a power unit having three or more axles, regardless
351 of weight; or
352 (c) Is used in combination, when the weight of such
353 combination exceeds 26,000 pounds gross vehicle weight.
354
355 Vehicles, or combinations thereof, having a gross vehicle weight
356 of 26,000 pounds or less and two-axle vehicles may be
357 proportionally registered.
358 (26) “Motorcycle” means any motor vehicle having a seat or
359 saddle for the use of the rider and designed to travel on not
360 more than three wheels in contact with the ground, including an
361 autocycle. The term does not include a tractor, a moped, or
362 excluding a vehicle in which the operator is enclosed by a cabin
363 unless the vehicle it meets the requirements set forth by the
364 National Highway Traffic Safety Administration for a motorcycle.
365 The term “motorcycle” does not include a tractor or a moped.
366 Section 12. Paragraph (a) of subsection (15) of section
367 320.02, Florida Statutes, is amended to read:
368 320.02 Registration required; application for registration;
369 forms.—
370 (15)(a) The application form for motor vehicle registration
371 must shall include language permitting the voluntary
372 contribution of $1 per applicant, to be quarterly distributed by
373 the department to Preserve Vision Prevent Blindness Florida, a
374 not-for-profit organization, to prevent blindness and preserve
375 the sight of the residents of this state. A statement providing
376 an explanation of the purpose of the funds shall be included
377 with the application form. Prior to the department distributing
378 the funds collected pursuant to this paragraph, Preserve Vision
379 Prevent Blindness Florida must submit a report to the department
380 that identifies how such funds were used during the preceding
381 year.
382
383 For the purpose of applying the service charge provided in s.
384 215.20, contributions received under this subsection are not
385 income of a revenue nature.
386 Section 13. Subsection (1) of section 320.03, Florida
387 Statutes, is amended to read:
388 320.03 Registration; duties of tax collectors;
389 International Registration Plan.—
390 (1)(a) The tax collectors in the several counties of the
391 state, as authorized agents of the department, shall issue
392 registration certificates, registration license plates,
393 validation stickers, and mobile home stickers to applicants, and
394 shall provide to applicants for each the option to register
395 emergency contact information and the option to be contacted
396 with information about state and federal benefits available as a
397 result of military service, subject to the requirements of law,
398 in accordance with rules of the department. Each tax collector
399 shall provide the same motor vehicle registration services in
400 office to residents of other counties that it provides for
401 residents of its home county.
402 (b) Any person, firm, or corporation representing itself,
403 through advertising or naming of the business, to be an
404 authorized agent of the department shall be deemed guilty of an
405 unfair and deceptive trade practice as defined in part II of
406 chapter 501. No such person, firm, or corporation shall use
407 either the state or county name as a part of their business name
408 when such use can reasonably be interpreted as an official state
409 or county office.
410 Section 14. Effective July 1, 2018, subsection (10) of
411 section 320.03, Florida Statutes, is amended to read:
412 320.03 Registration; duties of tax collectors;
413 International Registration Plan.—
414 (10)(a) Jurisdiction over the electronic filing system for
415 use by authorized electronic filing system agents to
416 electronically title or register motor vehicles, vessels, mobile
417 homes, or off-highway vehicles; process title transactions,
418 derelict motor vehicle certificates, and certificates of
419 destruction for derelict and salvage motor vehicles pursuant to
420 s. 319.30(2), (3), (7), and (8); issue or transfer registration
421 license plates or decals; electronically transfer fees due for
422 the title and registration process; and perform inquiries for
423 title, registration, and lienholder verification and
424 certification of service providers is expressly preempted to the
425 state, and the department shall have regulatory authority over
426 the system. The electronic filing system shall be available for
427 use statewide and applied uniformly throughout the state. An
428 entity that, in the normal course of its business, sells
429 products that must be titled or registered;, provides title and
430 registration services on behalf of its consumers; or processes
431 title transactions, derelict motor vehicle certificates, or
432 certificates of destruction for derelict or salvage motor
433 vehicles pursuant to s. 319.30(2), (3), (7), and (8); and meets
434 all established requirements may be an authorized electronic
435 filing system agent and shall not be precluded from
436 participating in the electronic filing system in any county.
437 Upon request from a qualified entity, the tax collector shall
438 appoint the entity as an authorized electronic filing system
439 agent for that county. The department shall adopt rules in
440 accordance with chapter 120 to replace the December 10, 2009,
441 program standards and to administer the provisions of this
442 section, including, but not limited to, establishing
443 participation requirements, certification of service providers,
444 electronic filing system requirements, and enforcement authority
445 for noncompliance. The December 10, 2009, program standards,
446 excluding any standards which conflict with this subsection,
447 shall remain in effect until the rules are adopted. An
448 authorized electronic filing system agent may charge a fee to
449 the customer for use of the electronic filing system.
450 (b) The department shall adopt rules to administer this
451 subsection, including, but not limited to, rules establishing
452 participation requirements, certification of service providers,
453 electronic filing system requirements, disclosures, and
454 enforcement authority for noncompliance.
455 Section 15. Paragraph (b) of subsection (1) of section
456 320.06, Florida Statutes, is amended to read:
457 320.06 Registration certificates, license plates, and
458 validation stickers generally.—
459 (1)
460 (b)1. Registration license plates bearing a graphic symbol
461 and the alphanumeric system of identification shall be issued
462 for a 10-year period. At the end of the 10-year period, upon
463 renewal, the plate shall be replaced. The department shall
464 extend the scheduled license plate replacement date from a 6
465 year period to a 10-year period. The fee for such replacement is
466 $28, $2.80 of which shall be paid each year before the plate is
467 replaced, to be credited toward the next $28 replacement fee.
468 The fees shall be deposited into the Highway Safety Operating
469 Trust Fund. A credit or refund may not be given for any prior
470 years’ payments of the prorated replacement fee if the plate is
471 replaced or surrendered before the end of the 10-year period,
472 except that a credit may be given if a registrant is required by
473 the department to replace a license plate under s.
474 320.08056(8)(a). With each license plate, a validation sticker
475 shall be issued showing the owner’s birth month, license plate
476 number, and the year of expiration or the appropriate renewal
477 period if the owner is not a natural person. The validation
478 sticker shall be placed on the upper right corner of the license
479 plate. The license plate and validation sticker shall be issued
480 based on the applicant’s appropriate renewal period. The
481 registration period is 12 months, the extended registration
482 period is 24 months, and all expirations occur based on the
483 applicant’s appropriate registration period.
484 2. A vehicle that has an apportioned registration shall be
485 issued an annual license plate and a cab card denoting that
486 denote the declared gross vehicle weight for each apportioned
487 jurisdiction in which the vehicle is authorized to operate. This
488 subparagraph expires October 1, 2018.
489 3. Beginning October 1, 2018, a vehicle registered in
490 accordance with the International Registration Plan which has an
491 apportioned registration shall be issued a license plate for a
492 5-year period, an annual cab card denoting the declared gross
493 vehicle weight, and an annual validation sticker showing the
494 month and year of expiration. The validation sticker shall be
495 placed in the center of the license plate. The license plate and
496 validation sticker shall be issued based on the applicant’s
497 appropriate renewal period. The registration period is 12
498 months. The fee for an original and a renewed validation sticker
499 is $28. This fee shall be deposited into the Highway Safety
500 Operating Trust Fund. If the license plate is damaged or worn,
501 it may be replaced at no charge by applying to the department
502 and surrendering the current license plate.
503 4.2. In order to retain the efficient administration of the
504 taxes and fees imposed by this chapter, the 80-cent fee increase
505 in the replacement fee imposed by chapter 2009-71, Laws of
506 Florida, is negated as provided in s. 320.0804.
507 Section 16. Section 320.0605, Florida Statutes, is amended
508 to read:
509 320.0605 Certificate of registration; possession required;
510 exception.—
511 (1)(a) The registration certificate or an official copy
512 thereof, a true copy or electronic copy of rental or lease
513 documentation issued for a motor vehicle or issued for a
514 replacement vehicle in the same registration period, a temporary
515 receipt printed upon self-initiated electronic renewal of a
516 registration via the Internet, or a cab card issued for a
517 vehicle registered under the International Registration Plan
518 shall, at all times while the vehicle is being used or operated
519 on the roads of this state, be in the possession of the operator
520 thereof or be carried in the vehicle for which issued and shall
521 be exhibited upon demand of any authorized law enforcement
522 officer or any agent of the department, except for a vehicle
523 registered under s. 320.0657. The provisions of This section
524 does do not apply during the first 30 days after purchase of a
525 replacement vehicle. A violation of this section is a
526 noncriminal traffic infraction, punishable as a nonmoving
527 violation as provided in chapter 318.
528 (b)1. The act of presenting to a law enforcement officer or
529 agent of the department an electronic device displaying an
530 electronic copy of rental or lease documentation does not
531 constitute consent for the officer or agent to access any
532 information on the device other than the displayed rental or
533 lease documentation.
534 2. The person who presents the device to the officer or
535 agent assumes the liability for any resulting damage to the
536 device.
537 (2) Rental or lease documentation that is sufficient to
538 satisfy the requirement in subsection (1) includes the
539 following:
540 (a) Date of rental and time of exit from rental facility;
541 (b) Rental station identification;
542 (c) Rental agreement number;
543 (d) Rental vehicle identification number;
544 (e) Rental vehicle license plate number and state of
545 registration;
546 (f) Vehicle’s make, model, and color;
547 (g) Vehicle’s mileage; and
548 (h) Authorized renter’s name.
549 Section 17. Subsection (5) of section 320.0607, Florida
550 Statutes, is amended to read:
551 320.0607 Replacement license plates, validation decal, or
552 mobile home sticker.—
553 (5) Upon the issuance of an original license plate, the
554 applicant shall pay a fee of $28 to be deposited in the Highway
555 Safety Operating Trust Fund. Beginning October 1, 2018, this
556 subsection does not apply to a vehicle registered under the
557 International Registration Plan.
558 Section 18. Section 320.08, Florida Statutes, is amended to
559 read:
560 320.08 License taxes.—Except as otherwise provided herein,
561 there are hereby levied and imposed annual license taxes for the
562 operation of motor vehicles, mopeds, motorized bicycles as
563 defined in s. 316.003(4) s. 316.003(2), tri-vehicles as defined
564 in s. 316.003, and mobile homes as defined in s. 320.01, which
565 shall be paid to and collected by the department or its agent
566 upon the registration or renewal of registration of the
567 following:
568 (1) MOTORCYCLES AND MOPEDS.—
569 (a) Any motorcycle: $10 flat.
570 (b) Any moped: $5 flat.
571 (c) Upon registration of a motorcycle, motor-driven cycle,
572 or moped, in addition to the license taxes specified in this
573 subsection, a nonrefundable motorcycle safety education fee in
574 the amount of $2.50 shall be paid. The proceeds of such
575 additional fee shall be deposited in the Highway Safety
576 Operating Trust Fund to fund a motorcycle driver improvement
577 program implemented pursuant to s. 322.025, the Florida
578 Motorcycle Safety Education Program established in s. 322.0255,
579 or the general operations of the department.
580 (d) An ancient or antique motorcycle: $7.50 flat, of which
581 $2.50 shall be deposited into the General Revenue Fund.
582 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
583 (a) An ancient or antique automobile, as defined in s.
584 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
585 (b) Net weight of less than 2,500 pounds: $14.50 flat.
586 (c) Net weight of 2,500 pounds or more, but less than 3,500
587 pounds: $22.50 flat.
588 (d) Net weight of 3,500 pounds or more: $32.50 flat.
589 (3) TRUCKS.—
590 (a) Net weight of less than 2,000 pounds: $14.50 flat.
591 (b) Net weight of 2,000 pounds or more, but not more than
592 3,000 pounds: $22.50 flat.
593 (c) Net weight more than 3,000 pounds, but not more than
594 5,000 pounds: $32.50 flat.
595 (d) A truck defined as a “goat,” or other vehicle if used
596 in the field by a farmer or in the woods for the purpose of
597 harvesting a crop, including naval stores, during such
598 harvesting operations, and which is not principally operated
599 upon the roads of the state: $7.50 flat. The term “goat” means a
600 motor vehicle designed, constructed, and used principally for
601 the transportation of citrus fruit within citrus groves or for
602 the transportation of crops on farms, and which can also be used
603 for hauling associated equipment or supplies, including required
604 sanitary equipment, and the towing of farm trailers.
605 (e) An ancient or antique truck, as defined in s. 320.086:
606 $7.50 flat.
607 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
608 VEHICLE WEIGHT.—
609 (a) Gross vehicle weight of 5,001 pounds or more, but less
610 than 6,000 pounds: $60.75 flat, of which $15.75 shall be
611 deposited into the General Revenue Fund.
612 (b) Gross vehicle weight of 6,000 pounds or more, but less
613 than 8,000 pounds: $87.75 flat, of which $22.75 shall be
614 deposited into the General Revenue Fund.
615 (c) Gross vehicle weight of 8,000 pounds or more, but less
616 than 10,000 pounds: $103 flat, of which $27 shall be deposited
617 into the General Revenue Fund.
618 (d) Gross vehicle weight of 10,000 pounds or more, but less
619 than 15,000 pounds: $118 flat, of which $31 shall be deposited
620 into the General Revenue Fund.
621 (e) Gross vehicle weight of 15,000 pounds or more, but less
622 than 20,000 pounds: $177 flat, of which $46 shall be deposited
623 into the General Revenue Fund.
624 (f) Gross vehicle weight of 20,000 pounds or more, but less
625 than 26,001 pounds: $251 flat, of which $65 shall be deposited
626 into the General Revenue Fund.
627 (g) Gross vehicle weight of 26,001 pounds or more, but less
628 than 35,000: $324 flat, of which $84 shall be deposited into the
629 General Revenue Fund.
630 (h) Gross vehicle weight of 35,000 pounds or more, but less
631 than 44,000 pounds: $405 flat, of which $105 shall be deposited
632 into the General Revenue Fund.
633 (i) Gross vehicle weight of 44,000 pounds or more, but less
634 than 55,000 pounds: $773 flat, of which $201 shall be deposited
635 into the General Revenue Fund.
636 (j) Gross vehicle weight of 55,000 pounds or more, but less
637 than 62,000 pounds: $916 flat, of which $238 shall be deposited
638 into the General Revenue Fund.
639 (k) Gross vehicle weight of 62,000 pounds or more, but less
640 than 72,000 pounds: $1,080 flat, of which $280 shall be
641 deposited into the General Revenue Fund.
642 (l) Gross vehicle weight of 72,000 pounds or more: $1,322
643 flat, of which $343 shall be deposited into the General Revenue
644 Fund.
645 (m) Notwithstanding the declared gross vehicle weight, a
646 truck tractor used within this state a 150-mile radius of its
647 home address is eligible for a license plate for a fee of $324
648 flat if:
649 1. The truck tractor is used exclusively for hauling
650 forestry products; or
651 2. The truck tractor is used primarily for the hauling of
652 forestry products, and is also used for the hauling of
653 associated forestry harvesting equipment used by the owner of
654 the truck tractor.
655
656 Of the fee imposed by this paragraph, $84 shall be deposited
657 into the General Revenue Fund.
658 (n) A truck tractor or heavy truck, not operated as a for
659 hire vehicle, which is engaged exclusively in transporting raw,
660 unprocessed, and nonmanufactured agricultural or horticultural
661 products within this state a 150-mile radius of its home
662 address, is eligible for a restricted license plate for a fee
663 of:
664 1. If such vehicle’s declared gross vehicle weight is less
665 than 44,000 pounds, $87.75 flat, of which $22.75 shall be
666 deposited into the General Revenue Fund.
667 2. If such vehicle’s declared gross vehicle weight is
668 44,000 pounds or more and such vehicle only transports from the
669 point of production to the point of primary manufacture; to the
670 point of assembling the same; or to a shipping point of a rail,
671 water, or motor transportation company, $324 flat, of which $84
672 shall be deposited into the General Revenue Fund.
673
674 Such not-for-hire truck tractors and heavy trucks used
675 exclusively in transporting raw, unprocessed, and
676 nonmanufactured agricultural or horticultural products may be
677 incidentally used to haul farm implements and fertilizers
678 delivered direct to the growers. The department may require any
679 documentation deemed necessary to determine eligibility prior to
680 issuance of this license plate. For the purpose of this
681 paragraph, “not-for-hire” means the owner of the motor vehicle
682 must also be the owner of the raw, unprocessed, and
683 nonmanufactured agricultural or horticultural product, or the
684 user of the farm implements and fertilizer being delivered.
685 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
686 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
687 (a)1. A semitrailer drawn by a GVW truck tractor by means
688 of a fifth-wheel arrangement: $13.50 flat per registration year
689 or any part thereof, of which $3.50 shall be deposited into the
690 General Revenue Fund.
691 2. A semitrailer drawn by a GVW truck tractor by means of a
692 fifth-wheel arrangement: $68 flat per permanent registration, of
693 which $18 shall be deposited into the General Revenue Fund.
694 (b) A motor vehicle equipped with machinery and designed
695 for the exclusive purpose of well drilling, excavation,
696 construction, spraying, or similar activity, and which is not
697 designed or used to transport loads other than the machinery
698 described above over public roads: $44 flat, of which $11.50
699 shall be deposited into the General Revenue Fund.
700 (c) A school bus used exclusively to transport pupils to
701 and from school or school or church activities or functions
702 within their own county: $41 flat, of which $11 shall be
703 deposited into the General Revenue Fund.
704 (d) A wrecker, as defined in s. 320.01, which is used to
705 tow a vessel as defined in s. 327.02, a disabled, abandoned,
706 stolen-recovered, or impounded motor vehicle as defined in s.
707 320.01, or a replacement motor vehicle as defined in s. 320.01:
708 $41 flat, of which $11 shall be deposited into the General
709 Revenue Fund.
710 (e) A wrecker that is used to tow any nondisabled motor
711 vehicle, a vessel, or any other cargo unless used as defined in
712 paragraph (d), as follows:
713 1. Gross vehicle weight of 10,000 pounds or more, but less
714 than 15,000 pounds: $118 flat, of which $31 shall be deposited
715 into the General Revenue Fund.
716 2. Gross vehicle weight of 15,000 pounds or more, but less
717 than 20,000 pounds: $177 flat, of which $46 shall be deposited
718 into the General Revenue Fund.
719 3. Gross vehicle weight of 20,000 pounds or more, but less
720 than 26,000 pounds: $251 flat, of which $65 shall be deposited
721 into the General Revenue Fund.
722 4. Gross vehicle weight of 26,000 pounds or more, but less
723 than 35,000 pounds: $324 flat, of which $84 shall be deposited
724 into the General Revenue Fund.
725 5. Gross vehicle weight of 35,000 pounds or more, but less
726 than 44,000 pounds: $405 flat, of which $105 shall be deposited
727 into the General Revenue Fund.
728 6. Gross vehicle weight of 44,000 pounds or more, but less
729 than 55,000 pounds: $772 flat, of which $200 shall be deposited
730 into the General Revenue Fund.
731 7. Gross vehicle weight of 55,000 pounds or more, but less
732 than 62,000 pounds: $915 flat, of which $237 shall be deposited
733 into the General Revenue Fund.
734 8. Gross vehicle weight of 62,000 pounds or more, but less
735 than 72,000 pounds: $1,080 flat, of which $280 shall be
736 deposited into the General Revenue Fund.
737 9. Gross vehicle weight of 72,000 pounds or more: $1,322
738 flat, of which $343 shall be deposited into the General Revenue
739 Fund.
740 (f) A hearse or ambulance: $40.50 flat, of which $10.50
741 shall be deposited into the General Revenue Fund.
742 (6) MOTOR VEHICLES FOR HIRE.—
743 (a) Under nine passengers: $17 flat, of which $4.50 shall
744 be deposited into the General Revenue Fund; plus $1.50 per cwt,
745 of which 50 cents shall be deposited into the General Revenue
746 Fund.
747 (b) Nine passengers and over: $17 flat, of which $4.50
748 shall be deposited into the General Revenue Fund; plus $2 per
749 cwt, of which 50 cents shall be deposited into the General
750 Revenue Fund.
751 (7) TRAILERS FOR PRIVATE USE.—
752 (a) Any trailer weighing 500 pounds or less: $6.75 flat per
753 year or any part thereof, of which $1.75 shall be deposited into
754 the General Revenue Fund.
755 (b) Net weight over 500 pounds: $3.50 flat, of which $1
756 shall be deposited into the General Revenue Fund; plus $1 per
757 cwt, of which 25 cents shall be deposited into the General
758 Revenue Fund.
759 (8) TRAILERS FOR HIRE.—
760 (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
761 shall be deposited into the General Revenue Fund; plus $1.50 per
762 cwt, of which 50 cents shall be deposited into the General
763 Revenue Fund.
764 (b) Net weight 2,000 pounds or more: $13.50 flat, of which
765 $3.50 shall be deposited into the General Revenue Fund; plus
766 $1.50 per cwt, of which 50 cents shall be deposited into the
767 General Revenue Fund.
768 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
769 (a) A travel trailer or fifth-wheel trailer, as defined by
770 s. 320.01(1)(b), that does not exceed 35 feet in length: $27
771 flat, of which $7 shall be deposited into the General Revenue
772 Fund.
773 (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
774 $13.50 flat, of which $3.50 shall be deposited into the General
775 Revenue Fund.
776 (c) A motor home, as defined by s. 320.01(1)(b)4.:
777 1. Net weight of less than 4,500 pounds: $27 flat, of which
778 $7 shall be deposited into the General Revenue Fund.
779 2. Net weight of 4,500 pounds or more: $47.25 flat, of
780 which $12.25 shall be deposited into the General Revenue Fund.
781 (d) A truck camper as defined by s. 320.01(1)(b)3.:
782 1. Net weight of less than 4,500 pounds: $27 flat, of which
783 $7 shall be deposited into the General Revenue Fund.
784 2. Net weight of 4,500 pounds or more: $47.25 flat, of
785 which $12.25 shall be deposited into the General Revenue Fund.
786 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
787 1. Net weight of less than 4,500 pounds: $27 flat, of which
788 $7 shall be deposited into the General Revenue Fund.
789 2. Net weight of 4,500 pounds or more: $47.25 flat, of
790 which $12.25 shall be deposited into the General Revenue Fund.
791 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
792 35 FEET TO 40 FEET.—
793 (a) Park trailers.—Any park trailer, as defined in s.
794 320.01(1)(b)7.: $25 flat.
795 (b) A travel trailer or fifth-wheel trailer, as defined in
796 s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
797 (11) MOBILE HOMES.—
798 (a) A mobile home not exceeding 35 feet in length: $20
799 flat.
800 (b) A mobile home over 35 feet in length, but not exceeding
801 40 feet: $25 flat.
802 (c) A mobile home over 40 feet in length, but not exceeding
803 45 feet: $30 flat.
804 (d) A mobile home over 45 feet in length, but not exceeding
805 50 feet: $35 flat.
806 (e) A mobile home over 50 feet in length, but not exceeding
807 55 feet: $40 flat.
808 (f) A mobile home over 55 feet in length, but not exceeding
809 60 feet: $45 flat.
810 (g) A mobile home over 60 feet in length, but not exceeding
811 65 feet: $50 flat.
812 (h) A mobile home over 65 feet in length: $80 flat.
813 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
814 motor vehicle dealer, independent motor vehicle dealer, marine
815 boat trailer dealer, or mobile home dealer and manufacturer
816 license plate: $17 flat, of which $4.50 shall be deposited into
817 the General Revenue Fund.
818 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
819 official license plate: $4 flat, of which $1 shall be deposited
820 into the General Revenue Fund.
821 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
822 vehicle for hire operated wholly within a city or within 25
823 miles thereof: $17 flat, of which $4.50 shall be deposited into
824 the General Revenue Fund; plus $2 per cwt, of which 50 cents
825 shall be deposited into the General Revenue Fund.
826 (15) TRANSPORTER.—Any transporter license plate issued to a
827 transporter pursuant to s. 320.133: $101.25 flat, of which
828 $26.25 shall be deposited into the General Revenue Fund.
829 Section 19. Paragraphs (ee), (eee), (qqq), and (rrr) of
830 subsection (4) and paragraph (a) of subsection (10) of section
831 320.08056, Florida Statutes, are amended to read:
832 320.08056 Specialty license plates.—
833 (4) The following license plate annual use fees shall be
834 collected for the appropriate specialty license plates:
835 (ee) American Red Cross license plate, $25.
836 (eee) Donate Organs-Pass It On license plate, $25.
837 (qqq) St. Johns River license plate, $25.
838 (rrr) Hispanic Achievers license plate, $25.
839 (10)(a) A specialty license plate annual use fee collected
840 and distributed under this chapter, or any interest earned from
841 those fees, may not be used for commercial or for-profit
842 activities nor for general or administrative expenses, except as
843 authorized by s. 320.08058 or to pay the cost of the audit or
844 report required by s. 320.08062(1). The fees and any interest
845 earned from the fees may be expended only for use in this state
846 unless the annual use fee is derived from the sale of United
847 States Armed Forces and veterans-related specialty license
848 plates pursuant to paragraphs (4)(d), (bb), (kk), (iii), and
849 (uuu) (ll), (kkk), and (yyy) and s. 320.0891.
850 Section 20. Subsections (31), (57), (69), and (70) of
851 section 320.08058, Florida Statutes, are repealed.
852 Section 21. Paragraph (b) of subsection (4) of section
853 320.08068, Florida Statutes, is amended to read:
854 320.08068 Motorcycle specialty license plates.—
855 (4) A license plate annual use fee of $20 shall be
856 collected for each motorcycle specialty license plate. Annual
857 use fees shall be distributed to The Able Trust as custodial
858 agent. The Able Trust may retain a maximum of 10 percent of the
859 proceeds from the sale of the license plate for administrative
860 costs. The Able Trust shall distribute the remaining funds as
861 follows:
862 (b) Twenty percent to Preserve Vision Prevent Blindness
863 Florida.
864 Section 22. Subsection (7) is added to section 320.086,
865 Florida Statutes, to read:
866 320.086 Ancient or antique motor vehicles; horseless
867 carriage, antique, or historical license plates; former military
868 vehicles.—
869 (7) For purposes of this section, a trailer is considered a
870 motor vehicle.
871 Section 23. Section 320.0875, Florida Statutes, is created
872 to read:
873 320.0875 Purple Heart motorcycle special license plate.—
874 (1) Upon application to the department and payment of the
875 license tax for the motorcycle as provided in s. 320.08, a
876 resident of this state who owns or leases a motorcycle that is
877 not used for hire or commercial use shall be issued a Purple
878 Heart motorcycle special license plate if he or she provides
879 documentation acceptable to the department that he or she is a
880 recipient of the Purple Heart medal.
881 (2) The Purple Heart motorcycle special license plate shall
882 be stamped with the words “Combat-wounded Veteran” followed by
883 the serial number of the license plate. The Purple Heart
884 motorcycle special license plate may have the term “Purple
885 Heart” stamped on the plate and the likeness of the Purple Heart
886 medal appearing on the plate.
887 Section 24. Paragraph (a) of subsection (1) of section
888 320.089, Florida Statutes, is amended to read:
889 320.089 Veterans of the United States Armed Forces; members
890 of National Guard; survivors of Pearl Harbor; Purple Heart medal
891 recipients; active or retired United States Armed Forces
892 reservists; Combat Infantry Badge, Combat Medical Badge, or
893 Combat Action Badge recipients; Combat Action Ribbon recipients;
894 Air Force Combat Action Medal recipients; Distinguished Flying
895 Cross recipients; former prisoners of war; Korean War Veterans;
896 Vietnam War Veterans; Operation Desert Shield Veterans;
897 Operation Desert Storm Veterans; Operation Enduring Freedom
898 Veterans; Operation Iraqi Freedom Veterans; Women Veterans;
899 World War II Veterans; and Navy Submariners; Special license
900 plates for military servicemembers, veterans, and Pearl Harbor
901 survivors; fee.—
902 (1)(a) Upon application to the department and payment of
903 the license tax for the vehicle as provided in s. 320.08, a
904 resident of this state who owns or leases Each owner or lessee
905 of an automobile or truck for private use or recreational
906 vehicle as specified in s. 320.08(9)(c) or (d), which is not
907 used for hire or commercial use, shall be issued a license plate
908 pursuant to the following if the applicant provides the
909 department with proof he or she meets the qualifications listed
910 in this section for the applicable license plate:
911 1. A person released or discharged from any branch who is a
912 resident of the state and a veteran of the United States Armed
913 Forces shall be issued a license plate stamped with the words
914 “Veteran” or “Woman Veteran” followed by the serial number of
915 the license plate., a Woman Veteran,
916 2. A World War II Veteran shall be issued a license plate
917 stamped with the words “WWII Veteran” followed by the serial
918 number of the license plate.,
919 3. A Navy Submariner shall be issued a license plate
920 stamped with the words “Navy Submariner” followed by the serial
921 number of the license plate.,
922 4. An active or retired member of the Florida National
923 Guard shall be issued a license plate stamped with the words
924 “National Guard” followed by the serial number of the license
925 plate.
926 5. A member of the Pearl Harbor Survivors Association or
927 other person on active military duty in Pearl Harbor on December
928 7, 1941, shall be issued a license plate stamped with the words
929 “Pearl Harbor Survivor” followed by the serial number of the
930 license plate., a survivor of the attack on Pearl Harbor,
931 6. A recipient of the Purple Heart medal shall be issued a
932 license plate stamped with the words “Combat-wounded Veteran”
933 followed by the serial number of the license plate. The Purple
934 Heart plate may have the words “Purple Heart” stamped on the
935 plate and the likeness of the Purple Heart medal appearing on
936 the plate.,
937 7. An active or retired member of any branch of the United
938 States Armed Forces Reserve shall be issued a license plate
939 stamped with the words “U.S. Reserve” followed by the serial
940 number of the license plate.
941 8. A member of the Combat Infantrymen’s Association, Inc.,
942 or a recipient of the Combat Infantry Badge, Combat Medical
943 Badge, Combat Action Badge, Combat Action Ribbon, or Air Force
944 Combat Action Medal shall be issued a license plate stamped with
945 the words “Combat Infantry Badge,” “Combat Medical Badge,”
946 “Combat Action Badge,” “Combat Action Ribbon,” or “Air Force
947 Combat Action Medal,” as appropriate, and a likeness of the
948 related campaign badge, ribbon, or medal, followed by the serial
949 number of the license plate.
950 9. A recipient of the, or Distinguished Flying Cross shall
951 be issued a license plate stamped with the words “Distinguished
952 Flying Cross” and a likeness of the Distinguished Flying Cross
953 followed by the serial number of the license plate.
954 10. A recipient of the Bronze Star shall be issued a
955 license plate stamped with the words “Bronze Star” and a
956 likeness of the Bronze Star followed by the serial number of the
957 license plate, upon application to the department, accompanied
958 by proof of release or discharge from any branch of the United
959 States Armed Forces, proof of active membership or retired
960 status in the Florida National Guard, proof of membership in the
961 Pearl Harbor Survivors Association or proof of active military
962 duty in Pearl Harbor on December 7, 1941, proof of being a
963 Purple Heart medal recipient, proof of active or retired
964 membership in any branch of the United States Armed Forces
965 Reserve, or proof of membership in the Combat Infantrymen’s
966 Association, Inc., proof of being a recipient of the Combat
967 Infantry Badge, Combat Medical Badge, Combat Action Badge,
968 Combat Action Ribbon, Air Force Combat Action Medal, or
969 Distinguished Flying Cross, and upon payment of the license tax
970 for the vehicle as provided in s. 320.08, shall be issued a
971 license plate as provided by s. 320.06 which, in lieu of the
972 serial numbers prescribed by s. 320.06, is stamped with the
973 words “Veteran,” “Woman Veteran,” “WWII Veteran,” “Navy
974 Submariner,” “National Guard,” “Pearl Harbor Survivor,” “Combat
975 wounded veteran,” “U.S. Reserve,” “Combat Infantry Badge,”
976 “Combat Medical Badge,” “Combat Action Badge,” “Combat Action
977 Ribbon,” “Air Force Combat Action Medal,” or “Distinguished
978 Flying Cross,” as appropriate, and a likeness of the related
979 campaign medal or badge, followed by the serial number of the
980 license plate. Additionally, the Purple Heart plate may have the
981 words “Purple Heart” stamped on the plate and the likeness of
982 the Purple Heart medal appearing on the plate.
983 Section 25. Section 320.133, Florida Statutes, is amended
984 to read:
985 320.133 Transporter license plates.—
986 (1) As used in this section, the term “transporter license
987 plate eligible business” means a business that is engaged in the
988 limited operation of an unregistered motor vehicle, or a
989 repossessor that contracts with lending institutions to
990 repossess or recover motor vehicles or mobile homes.
991 (2) A person is not eligible to purchase or renew a
992 transporter license plate unless he or she provides proof
993 satisfactory to the department that his or her business is a
994 transporter license plate eligible business.
995 (3) The application for qualification as a transporter
996 license plate eligible business must be in such form as is
997 prescribed by the department and must contain the legal name of
998 the person or persons applying for the license plate, the name
999 of the business, and the principal or principals of the
1000 business. The application must describe the exact physical
1001 location of the place of business within the state. This
1002 location must be available at all reasonable hours for
1003 inspection of the transporter license plate records by the
1004 department or any law enforcement agency. The application must
1005 contain proof of a garage liability insurance policy, or a
1006 business automobile policy, in the amount of at least $100,000.
1007 The certificate of insurance must indicate the number of
1008 transporter license plates reported to the insurance company.
1009 Such coverage shall be maintained for the entire registration
1010 period. Upon seeking initial qualification, the applicant must
1011 provide documentation proving that the business is registered
1012 with the Division of Corporations of the Department of State to
1013 conduct business in this state. The business must indicate how
1014 it meets the qualification as a transporter license plate
1015 eligible business by describing in detail the business processes
1016 that require the use of a transporter license plate.
1017 (4)(a)(1) The department may is authorized to issue a
1018 transporter license plate to an any applicant who is not a
1019 licensed dealer and who is qualified as a transporter license
1020 plate eligible business, incidental to the conduct of his or her
1021 business, engages in the transporting of motor vehicles which
1022 are not currently registered to any owner and which do not have
1023 license plates, upon payment of the license tax imposed by s.
1024 320.08(15) for each transporter such license plate and upon
1025 proof of liability insurance as described in subsection (3)
1026 coverage in the amount of $100,000 or more. The proof of
1027 insurance must indicate the number of transporter license plates
1028 reported to the insurance company, which shall be the maximum
1029 number of transporter license plates issued to the applicant.
1030 Such A transporter license plate is valid only for use on an
1031 unregistered any motor vehicle in the possession of the
1032 transporter while the motor vehicle is being transported in the
1033 course of the transporter’s business and must not be attached to
1034 any vehicle owned by the transporter or his or her business for
1035 which registration would otherwise be required. A person who
1036 sells or unlawfully possesses, distributes, or brokers a
1037 transporter license plate to be attached to any vehicle commits
1038 a misdemeanor of the second degree, punishable as provided in s.
1039 775.082 or s. 775.083. Any and all transporter license plates
1040 issued are subject to cancellation by the department.
1041 (b) A person who knowingly and willfully sells or
1042 unlawfully possesses, distributes, or brokers a transporter
1043 license plate to avoid registering a vehicle requiring
1044 registration pursuant to this chapter or chapter 319 commits a
1045 misdemeanor of the first degree, punishable as provided in s.
1046 775.082 or s. 775.083, and is disqualified from transporter
1047 license plate usage. All transporter license plates issued to
1048 the person’s business shall be canceled and must be returned to
1049 the department immediately upon disqualification. The
1050 transporter license plate is subject to removal as provided in
1051 subsection (9), and any and all transporter plates issued are
1052 subject to cancellation by the department.
1053 (5) A transporter license plate eligible business issued a
1054 transporter license plate must maintain for 2 years, at its
1055 location, records of each use of each transporter license plate
1056 and evidence that the plate was used as required by this
1057 chapter. Such records must be open to inspection by the
1058 department or its agents or any law enforcement officer during
1059 reasonable business hours. A person who fails to maintain true
1060 and accurate records of any transporter license plate usage or
1061 comply with this subsection commits a misdemeanor of the second
1062 degree, punishable as provided in s. 775.082 or s. 775.083, may
1063 be subject to cancellation of any and all transporter license
1064 plates issued, and is automatically disqualified from future
1065 transporter license plate issuance.
1066 (6) When attached to a motor vehicle, a transporter license
1067 plate issued under this section must be accompanied by the
1068 registration issued for the transporter license plate by the
1069 department and proof of insurance as described in subsection
1070 (3). A person who operates a motor vehicle with a transporter
1071 license plate attached who fails to provide the documentation
1072 listed in this subsection commits a misdemeanor of the second
1073 degree, punishable as provided in s. 775.082 or s. 775.083, and
1074 the transporter license plate is subject to removal as provided
1075 in subsection (9). This subsection does not apply to a person
1076 who contracts with dealers and auctions to transport motor
1077 vehicles.
1078 (7)(2) A transporter license plate issued pursuant to
1079 subsection (4) (1) must be in a distinctive color approved by
1080 the department, and the word “transporter” must appear on the
1081 face of the license plate in place of the county name.
1082 (8)(3) An initial registration or renewal A license plate
1083 issued under this section is valid for a period of 12 months,
1084 beginning January 1 and ending December 31. A No refund of the
1085 license tax imposed may not be provided for any unexpired
1086 portion of a license period.
1087 (9) A transporter license plate attached to a motor vehicle
1088 in violation of subsection (4) or subsection (6) must be
1089 immediately removed by a law enforcement officer from the motor
1090 vehicle to which it was attached and surrendered to the
1091 department by the law enforcement agency for cancellation.
1092 Section 26. Subsections (1) and (2) of section 320.27,
1093 Florida Statutes, are amended to read:
1094 320.27 Motor vehicle dealers.—
1095 (1) DEFINITIONS.—The following words, terms, and phrases
1096 when used in this section have the meanings respectively
1097 ascribed to them in this subsection, except where the context
1098 clearly indicates a different meaning:
1099 (a) “Department” means the Department of Highway Safety and
1100 Motor Vehicles.
1101 (b) “Motor vehicle” means any motor vehicle of the type and
1102 kind required to be registered and titled under chapter 319 and
1103 this chapter, except a recreational vehicle, moped, motorcycle
1104 powered by a motor with a displacement of 50 cubic centimeters
1105 or less, or mobile home.
1106 (c) “Motor vehicle dealer” means any person engaged in the
1107 business of buying, selling, or dealing in motor vehicles or
1108 offering or displaying motor vehicles for sale at wholesale or
1109 retail, or who may service and repair motor vehicles pursuant to
1110 an agreement as defined in s. 320.60(1). Any person who buys,
1111 sells, or deals in three or more motor vehicles in any 12-month
1112 period or who offers or displays for sale three or more motor
1113 vehicles in any 12-month period shall be prima facie presumed to
1114 be a motor vehicle dealer. Any person who engages in possessing,
1115 storing, or displaying motor vehicles for retail sale;
1116 advertising motor vehicles for retail sale; negotiating with
1117 consumers regarding the terms of sale for a motor vehicle;
1118 providing test drives of motor vehicles offered for sale; or
1119 delivering or arranging for the delivery of a motor vehicle in
1120 conjunction with the sale of such motor vehicle is deemed to be
1121 dealing in motor vehicles engaged in such business. The terms
1122 “selling” and “sale” include lease-purchase transactions. A
1123 motor vehicle dealer may, at retail or wholesale, sell a
1124 recreational vehicle as described in s. 320.01(1)(b)1.-6. and
1125 8., acquired in exchange for the sale of a motor vehicle,
1126 provided such acquisition is incidental to the principal
1127 business of being a motor vehicle dealer. However, a motor
1128 vehicle dealer may not buy a recreational vehicle for the
1129 purpose of resale unless licensed as a recreational vehicle
1130 dealer pursuant to s. 320.771. A motor vehicle dealer may apply
1131 for a certificate of title to a motor vehicle required to be
1132 registered under s. 320.08(2)(b), (c), and (d), using a
1133 manufacturer’s statement of origin as permitted by s. 319.23(1),
1134 only if such dealer is authorized by a franchised agreement as
1135 defined in s. 320.60(1), to buy, sell, or deal in such vehicle
1136 and is authorized by such agreement to perform delivery and
1137 preparation obligations and warranty defect adjustments on the
1138 motor vehicle; provided this limitation shall not apply to
1139 recreational vehicles, van conversions, or any other motor
1140 vehicle manufactured on a truck chassis. The transfer of a motor
1141 vehicle by a dealer not meeting these qualifications shall be
1142 titled as a used vehicle. The classifications of motor vehicle
1143 dealers are defined as follows:
1144 1. “Franchised motor vehicle dealer” means any person who
1145 engages in the business of repairing, servicing, buying,
1146 selling, or dealing in motor vehicles pursuant to an agreement
1147 as defined in s. 320.60(1).
1148 2. “Independent motor vehicle dealer” means any person
1149 other than a franchised or wholesale motor vehicle dealer who
1150 engages in the business of buying, selling, or dealing in motor
1151 vehicles, and who may service and repair motor vehicles.
1152 3. “Wholesale motor vehicle dealer” means any person who
1153 engages exclusively in the business of buying, selling, or
1154 dealing in motor vehicles at wholesale or with motor vehicle
1155 auctions. Such person shall be licensed to do business in this
1156 state, shall not sell or auction a vehicle to any person who is
1157 not a licensed dealer, and shall not have the privilege of the
1158 use of dealer license plates. Any person who buys, sells, or
1159 deals in motor vehicles at wholesale or with motor vehicle
1160 auctions on behalf of a licensed motor vehicle dealer and as a
1161 bona fide employee of such licensed motor vehicle dealer is not
1162 required to be licensed as a wholesale motor vehicle dealer. In
1163 such cases it shall be prima facie presumed that a bona fide
1164 employer-employee relationship exists. A wholesale motor vehicle
1165 dealer shall be exempt from the display provisions of this
1166 section but shall maintain an office wherein records are kept in
1167 order that those records may be inspected.
1168 4. “Motor vehicle auction” means any person offering motor
1169 vehicles or recreational vehicles for sale to the highest bidder
1170 where buyers are licensed motor vehicle dealers. Such person
1171 shall not sell a vehicle to anyone other than a licensed motor
1172 vehicle dealer.
1173 5. “Salvage motor vehicle dealer” means any person who
1174 engages in the business of acquiring salvaged or wrecked motor
1175 vehicles for the purpose of reselling them and their parts.
1176
1177 Notwithstanding anything in this subsection to the contrary, the
1178 term “motor vehicle dealer” does not include persons not engaged
1179 in the purchase or sale of motor vehicles as a business who are
1180 disposing of vehicles acquired for their own use or for use in
1181 their business or acquired by foreclosure or by operation of
1182 law, provided such vehicles are acquired and sold in good faith
1183 and not for the purpose of avoiding the provisions of this law;
1184 persons engaged in the business of manufacturing, selling, or
1185 offering or displaying for sale at wholesale or retail no more
1186 than 25 trailers in a 12-month period; public officers while
1187 performing their official duties; receivers; trustees,
1188 administrators, executors, guardians, or other persons appointed
1189 by, or acting under the judgment or order of, any court; banks,
1190 finance companies, or other loan agencies that acquire motor
1191 vehicles as an incident to their regular business; motor vehicle
1192 brokers; persons whose sole dealing in motor vehicles is owning
1193 a publication in which, or hosting a website on which, licensed
1194 motor vehicle dealers display vehicles for sale; and motor
1195 vehicle rental and leasing companies that sell motor vehicles to
1196 motor vehicle dealers licensed under this section. Vehicles
1197 owned under circumstances described in this paragraph may be
1198 disposed of at retail, wholesale, or auction, unless otherwise
1199 restricted. A manufacturer of fire trucks, ambulances, or school
1200 buses may sell such vehicles directly to governmental agencies
1201 or to persons who contract to perform or provide firefighting,
1202 ambulance, or school transportation services exclusively to
1203 governmental agencies without processing such sales through
1204 dealers if such fire trucks, ambulances, school buses, or
1205 similar vehicles are not presently available through motor
1206 vehicle dealers licensed by the department.
1207 (d) “Motor vehicle broker” means any person engaged in the
1208 business of, or who holds himself or herself out through
1209 solicitation, advertisement, or who otherwise holds himself or
1210 herself out as being in the business of, offering to procure or
1211 procuring motor vehicles for assisting the general public in
1212 purchasing or leasing a motor vehicle from a licensed motor
1213 vehicle dealer, or who holds himself or herself out through
1214 solicitation, advertisement, or otherwise as one who offers to
1215 procure or procures motor vehicles for the general public, and
1216 who does not deal in motor vehicles as provided in paragraph
1217 (1)(c) store, display, or take ownership of any vehicles for the
1218 purpose of selling such vehicles. Any advertisement or
1219 solicitation by a motor vehicle broker must include a statement
1220 that the broker is receiving a fee and must clearly state that
1221 the person is not a licensed motor vehicle dealer.
1222 (e) “Person” means any natural person, firm, partnership,
1223 association, or corporation.
1224 (f) “Bona fide employee” means a person who is employed by
1225 a licensed motor vehicle dealer and receives annually an
1226 Internal Revenue Service Form W-2, or an independent contractor
1227 who has a written contract with a licensed motor vehicle dealer
1228 and receives annually an Internal Revenue Service Form 1099, for
1229 the purpose of acting in the capacity of or conducting motor
1230 vehicle sales transactions as a motor vehicle dealer.
1231 (2) LICENSE REQUIRED.—No person shall engage in business
1232 as, serve in the capacity of, or act as a motor vehicle dealer
1233 in this state without first obtaining a license therefor in the
1234 appropriate classification as provided in this section. With the
1235 exception of transactions with motor vehicle auctions, no person
1236 other than a licensed motor vehicle dealer may advertise for
1237 sale any motor vehicle belonging to another party unless as a
1238 direct result of a bona fide legal proceeding, court order,
1239 settlement of an estate, or by operation of law. However, owners
1240 of motor vehicles titled in their names may advertise and offer
1241 vehicles for sale on their own behalf. It shall be unlawful for
1242 a licensed motor vehicle dealer to allow any person other than a
1243 bona fide employee to use the motor vehicle dealer license for
1244 the purpose of acting in the capacity of or conducting motor
1245 vehicle sales transactions as a motor vehicle dealer. Any person
1246 acting selling or offering a motor vehicle for sale in violation
1247 of the licensing requirements of this subsection, or who
1248 misrepresents to any person its relationship with any
1249 manufacturer, importer, or distributor, in addition to the
1250 penalties provided herein, is shall be deemed to have committed
1251 guilty of an unfair and deceptive trade practice in violation of
1252 as defined part II of chapter 501 and is shall be subject to the
1253 provisions of subsections (8) and (9).
1254 Section 27. Section 321.25, Florida Statutes, is amended to
1255 read:
1256 321.25 Training provided at patrol schools; reimbursement
1257 of tuition and other course expenses.—
1258 (1) The Department of Highway Safety and Motor Vehicles may
1259 is authorized to provide for the training of law enforcement
1260 officials and individuals in matters relating to the duties,
1261 functions, and powers of the Florida Highway Patrol in the
1262 schools established by the department for the training of
1263 highway patrol candidates and officers. The Department of
1264 Highway Safety and Motor Vehicles may is authorized to charge a
1265 fee for providing the training authorized by this section. The
1266 fee shall be charged to persons attending the training. The fee
1267 shall be based on the Department of Highway Safety and Motor
1268 Vehicles’ costs for providing the training, and such costs may
1269 include, but are not limited to, tuition, lodging, and meals.
1270 Revenues from the fees shall be used to offset the Department of
1271 Highway Safety and Motor Vehicles’ costs for providing the
1272 training. The cost of training local enforcement officers shall
1273 be paid for by their respective offices, counties, or
1274 municipalities, as the case may be. Such cost shall be deemed a
1275 proper county or municipal expense or a proper expenditure of
1276 the office of sheriff.
1277 (2) Notwithstanding s. 943.16, a person who attends
1278 training under subsection (1) at the expense of the Department
1279 of Highway Safety and Motor Vehicles must remain in the
1280 employment or appointment of the Florida Highway Patrol for at
1281 least 3 years. Once employed, if the person fails to remain
1282 employed by the Florida Highway Patrol for at least 3 years from
1283 the first date of employment, the person must pay the cost of
1284 tuition and other course expenses to the Department of Highway
1285 Safety and Motor Vehicles. As used in this section, the term
1286 “other course expenses” may include the cost of meals and
1287 lodging.
1288 (3) The Department of Highway Safety and Motor Vehicles may
1289 institute a civil action to collect the cost of tuition and
1290 other course expenses if it is not reimbursed pursuant to
1291 subsection (2), provided that the Florida Highway Patrol gave
1292 written notification to the person of the 3-year employment
1293 commitment during the employment screening process and the
1294 person returned signed acknowledgment of receipt of such
1295 notification.
1296 (4) Notwithstanding any other provision of this section,
1297 the Department of Highway Safety and Motor Vehicles may waive a
1298 person’s requirement of reimbursement in part or in full when
1299 the person terminates employment due to hardship or extenuating
1300 circumstances.
1301 Section 28. Subsection (4) of section 322.01, Florida
1302 Statutes, is amended to read:
1303 322.01 Definitions.—As used in this chapter:
1304 (4) “Authorized emergency vehicle” means a vehicle that is
1305 equipped with extraordinary audible and visual warning devices,
1306 that is authorized by s. 316.2397 to display red, red and white,
1307 or blue lights, and that is on call to respond to emergencies.
1308 The term includes, but is not limited to, ambulances, law
1309 enforcement vehicles, fire trucks, and other rescue vehicles.
1310 The term does not include wreckers, utility trucks, or other
1311 vehicles that are used only incidentally for emergency purposes.
1312 Section 29. Subsection (4) of section 322.03, Florida
1313 Statutes, is amended to read:
1314 322.03 Drivers must be licensed; penalties.—
1315 (4) A person may not operate a motorcycle unless he or she
1316 holds a driver license that authorizes such operation, subject
1317 to the appropriate restrictions and endorsements. A person may
1318 operate an autocycle without a motorcycle endorsement.
1319 Section 30. Subsections (1) and (2) of section 322.032,
1320 Florida Statutes, are amended to read
1321 322.032 Digital proof of driver license.—
1322 (1) The department, in collaboration with the Agency for
1323 State Technology, shall establish and implement begin to review
1324 and prepare for the development of a secure and uniform
1325 protocols and standards system for issuing an optional digital
1326 proof of driver license and shall procure any application
1327 programming interface necessary to enable a private entity to
1328 securely manufacture a digital proof of driver license. The
1329 department may contract with one or more private entities to
1330 develop a digital proof of driver license system.
1331 (2)(a) A The digital proof of driver license developed by
1332 the department or by an entity contracted by the department must
1333 be in such a format as to allow law enforcement to verify the
1334 authenticity of the digital proof of driver license. The
1335 department may adopt rules to ensure valid authentication of a
1336 digital proof of driver license licenses by law enforcement.
1337 (b) The act of presenting to a law enforcement officer an
1338 electronic device displaying a digital proof of driver license
1339 does not constitute consent for the officer to access any
1340 information on the device other than the digital proof of driver
1341 license.
1342 (c) A person who presents such device to the officer
1343 assumes liability for any resulting damage to the device.
1344 Section 31. Paragraph (e) of subsection (8) of section
1345 322.051, Florida Statutes, is amended to read:
1346 322.051 Identification cards.—
1347 (8)
1348 (e)1. Upon request by a person who has posttraumatic stress
1349 disorder, a traumatic brain injury, or a developmental
1350 disability, or by a parent or guardian of a child or ward who
1351 has posttraumatic stress disorder, a traumatic brain injury, or
1352 a developmental disability, the department shall issue an
1353 identification card exhibiting a capital “D” for the person,
1354 child, or ward if the person or the parent or guardian of the
1355 child or ward submits:
1356 a. Payment of an additional $1 fee; and
1357 b. Proof acceptable to the department of a diagnosis by a
1358 licensed physician of a developmental disability as defined in
1359 s. 393.063, posttraumatic stress disorder, or traumatic brain
1360 injury.
1361 2. The department shall deposit the additional $1 fee into
1362 the Agency for Persons with Disabilities Operations and
1363 Maintenance Trust Fund under s. 20.1971(2).
1364 3. A replacement identification card that includes the
1365 designation may be issued without payment of the fee required
1366 under s. 322.21(1)(f).
1367 4. The department shall develop rules to facilitate the
1368 issuance, requirements, and oversight of posttraumatic stress
1369 disorder, traumatic brain injury, and developmental disability
1370 identification cards under this section.
1371 Section 32. Paragraph (m) of subsection (8) of section
1372 322.08, Florida Statutes, is amended to read:
1373 322.08 Application for license; requirements for license
1374 and identification card forms.—
1375 (8) The application form for an original, renewal, or
1376 replacement driver license or identification card must include
1377 language permitting the following:
1378 (m) A voluntary contribution of $1 per applicant, which
1379 shall be distributed to Preserve Vision Prevent Blindness
1380 Florida, a not-for-profit organization, to prevent blindness and
1381 preserve the sight of the residents of this state.
1382
1383 A statement providing an explanation of the purpose of the trust
1384 funds shall also be included. For the purpose of applying the
1385 service charge provided under s. 215.20, contributions received
1386 under paragraphs (b)-(t) are not income of a revenue nature.
1387 Section 33. Subsection (5) of section 322.091, Florida
1388 Statutes, is amended to read:
1389 322.091 Attendance requirements.—
1390 (5) REPORTING AND ACCOUNTABILITY.—The department shall make
1391 available, upon request, a report quarterly to each school
1392 district of the legal name, sex, date of birth, and social
1393 security number of each student whose driving privileges have
1394 been suspended under this section.
1395 Section 34. Subsections (1) and (5) of section 322.12,
1396 Florida Statutes, are amended to read:
1397 322.12 Examination of applicants.—
1398 (1) It is the intent of the Legislature that every
1399 applicant for an original driver license in this state be
1400 required to pass an examination pursuant to this section.
1401 However, the department may waive the knowledge, endorsement,
1402 and skills tests for an applicant who is otherwise qualified and
1403 who surrenders a valid driver license from another state or a
1404 province of Canada, or a valid driver license issued by the
1405 United States Armed Forces, if the driver applies for a Florida
1406 license of an equal or lesser classification. An Any applicant
1407 who fails to pass the initial knowledge test incurs a $10 fee
1408 for each subsequent test, to be deposited into the Highway
1409 Safety Operating Trust Fund; however, if a subsequent test is
1410 administered by the tax collector, the tax collector shall
1411 retain the $10 fee, less the General Revenue Service Charge set
1412 forth in s. 215.20(1). An Any applicant who fails to pass the
1413 initial skills test incurs a $20 fee for each subsequent test,
1414 to be deposited into the Highway Safety Operating Trust Fund;
1415 however, if a subsequent test is administered by the tax
1416 collector, the tax collector shall retain the $20 fee, less the
1417 General Revenue Service Charge set forth in s. 215.20(1). A
1418 person who seeks to retain a hazardous-materials endorsement,
1419 pursuant to s. 322.57(1)(e), must pass the hazardous-materials
1420 test, upon surrendering his or her commercial driver license, if
1421 the person has not taken and passed the hazardous-materials test
1422 within 2 years before applying for a commercial driver license
1423 in this state.
1424 (5)(a) The department shall formulate a separate
1425 examination for applicants for licenses to operate motorcycles.
1426 Any applicant for a driver license who wishes to operate a
1427 motorcycle, and who is otherwise qualified, must successfully
1428 complete such an examination, which is in addition to the
1429 examination administered under subsection (3). The examination
1430 must test the applicant’s knowledge of the operation of a
1431 motorcycle and of any traffic laws specifically relating thereto
1432 and must include an actual demonstration of his or her ability
1433 to exercise ordinary and reasonable control in the operation of
1434 a motorcycle. Any applicant who fails to pass the initial
1435 knowledge examination will incur a $5 fee for each subsequent
1436 examination, to be deposited into the Highway Safety Operating
1437 Trust Fund. Any applicant who fails to pass the initial skills
1438 examination will incur a $10 fee for each subsequent
1439 examination, to be deposited into the Highway Safety Operating
1440 Trust Fund. In the formulation of the examination, the
1441 department shall consider the use of the Motorcycle Operator
1442 Skills Test and the Motorcycle in Traffic Test offered by the
1443 Motorcycle Safety Foundation. The department shall indicate on
1444 the license of any person who successfully completes the
1445 examination that the licensee is authorized to operate a
1446 motorcycle. If the applicant wishes to be licensed to operate a
1447 motorcycle only, he or she need not take the skill or road test
1448 required under subsection (3) for the operation of a motor
1449 vehicle, and the department shall indicate such a limitation on
1450 his or her license as a restriction. Every first-time applicant
1451 for licensure to operate a motorcycle must provide proof of
1452 completion of a motorcycle safety course, as provided for in s.
1453 322.0255, before the applicant may be licensed to operate a
1454 motorcycle.
1455 (b) The department may exempt any applicant from the
1456 examination provided in this subsection if the applicant
1457 presents a certificate showing successful completion of a course
1458 approved by the department, which course includes a similar
1459 examination of the knowledge and skill of the applicant in the
1460 operation of a motorcycle.
1461 (c) This subsection does not apply to the operation of an
1462 autocycle.
1463 Section 35. Paragraph (d) is added to subsection (1) of
1464 section 322.135, Florida Statutes, to read:
1465 322.135 Driver license agents.—
1466 (1) The department shall, upon application, authorize by
1467 interagency agreement any or all of the tax collectors who are
1468 constitutional officers under s. 1(d), Art. VIII of the State
1469 Constitution in the several counties of the state, subject to
1470 the requirements of law, in accordance with rules of the
1471 department, to serve as its agent for the provision of specified
1472 driver license services.
1473 (d) Each tax collector shall provide the same driver
1474 license services in office to residents of other counties that
1475 it provides for residents of its home county.
1476 Section 36. Paragraph (b) of subsection (1) of section
1477 322.17, Florida Statutes, is amended to read:
1478 322.17 Replacement licenses, identification cards, and
1479 permits.—
1480 (1)
1481 (b) In the event that an instruction permit, or driver
1482 license, or identification card issued under the provisions of
1483 this chapter is stolen, the person to whom the same was issued
1484 may, at no charge, obtain a replacement upon furnishing proof
1485 satisfactory to the department that such permit, or license, or
1486 identification card was stolen and further furnishing the
1487 person’s full name, date of birth, sex, residence and mailing
1488 address, proof of birth satisfactory to the department, and
1489 proof of identity satisfactory to the department.
1490 Section 37. Paragraphs (e) and (i) of subsection (1) and
1491 subsection (8) of section 322.21, Florida Statutes, are amended,
1492 and subsection (10) is added to that section, to read:
1493 322.21 License fees; procedure for handling and collecting
1494 fees.—
1495 (1) Except as otherwise provided herein, the fee for:
1496 (e) A replacement driver license issued pursuant to s.
1497 322.17 is $25. Of this amount, $7 shall be deposited into the
1498 Highway Safety Operating Trust Fund and $18 shall be deposited
1499 into the General Revenue Fund. Beginning July 1, 2015, or upon
1500 completion of the transition of driver license issuance
1501 services, If the replacement driver license is issued by the tax
1502 collector, the tax collector shall retain the $7 that would
1503 otherwise be deposited into the Highway Safety Operating Trust
1504 Fund and the remaining revenues shall be deposited into the
1505 General Revenue Fund.
1506 (i) The specialty driver license or identification card
1507 issued pursuant to s. 322.1415 is $25, which is in addition to
1508 other fees required in this section. The fee shall be
1509 distributed as follows:
1510 1. Fifty percent shall be distributed as provided in s.
1511 320.08058 to the appropriate state or independent university,
1512 professional sports team, or branch of the United States Armed
1513 Forces.
1514 2. Fifty percent shall be distributed to the department for
1515 costs directly related to the specialty driver license and
1516 identification card program and to defray the costs associated
1517 with production enhancements and distribution.
1518 (8) A Any person who applies for reinstatement following
1519 the suspension or revocation of the person’s driver license must
1520 pay a service fee of $45 following a suspension, and $75
1521 following a revocation, which is in addition to the fee for a
1522 license. A Any person who applies for reinstatement of a
1523 commercial driver license following the disqualification of the
1524 person’s privilege to operate a commercial motor vehicle shall
1525 pay a service fee of $75, which is in addition to the fee for a
1526 license. The department shall collect all of these fees at the
1527 time of reinstatement. The department shall issue proper
1528 receipts for such fees and shall promptly transmit all funds
1529 received by it as follows:
1530 (a) Of the $45 fee received from a licensee for
1531 reinstatement following a suspension:
1532 1. If the reinstatement is processed by the department, the
1533 department shall deposit $15 in the General Revenue Fund and $30
1534 in the Highway Safety Operating Trust Fund.
1535 2. If the reinstatement is processed by the tax collector,
1536 $15, less the General Revenue Service Charge set forth in s.
1537 215.20(1), shall be retained by the tax collector, $15 shall be
1538 deposited into the Highway Safety Operating Trust Fund, and $15
1539 shall be deposited into the General Revenue Fund.
1540 (b) Of the $75 fee received from a licensee for
1541 reinstatement following a revocation or disqualification:
1542 1. If the reinstatement is processed by the department, the
1543 department shall deposit $35 in the General Revenue Fund and $40
1544 in the Highway Safety Operating Trust Fund.
1545 2. If the reinstatement is processed by the tax collector,
1546 $20, less the General Revenue Service Charge set forth in s.
1547 215.20(1), shall be retained by the tax collector, $20 shall be
1548 deposited into the Highway Safety Operating Trust Fund, and $35
1549 shall be deposited into the General Revenue Fund.
1550
1551 If the revocation or suspension of the driver license was for a
1552 violation of s. 316.193, or for refusal to submit to a lawful
1553 breath, blood, or urine test, an additional fee of $130 must be
1554 charged. However, only one $130 fee may be collected from one
1555 person convicted of violations arising out of the same incident.
1556 The department shall collect the $130 fee and deposit the fee
1557 into the Highway Safety Operating Trust Fund at the time of
1558 reinstatement of the person’s driver license, but the fee may
1559 not be collected if the suspension or revocation is overturned.
1560 If the revocation or suspension of the driver license was for a
1561 conviction for a violation of s. 817.234(8) or (9) or s.
1562 817.505, an additional fee of $180 is imposed for each offense.
1563 The department shall collect and deposit the additional fee into
1564 the Highway Safety Operating Trust Fund at the time of
1565 reinstatement of the person’s driver license.
1566 (10) An applicant who submits an application for a renewal
1567 or replacement driver license or identification card to the
1568 department using a convenience service shall be provided with an
1569 option for expedited shipping whereby the department, at the
1570 applicant’s request, shall issue the license or identification
1571 card within 5 working days after receipt of the application and
1572 ship the license or card using an expedited mail service. A fee
1573 shall be charged for the expedited shipping option, not to
1574 exceed the cost of the expedited mail service, which is in
1575 addition to fees imposed by s. 322.051, this section, or the
1576 convenience service. Fees collected for the expedited shipping
1577 option shall be deposited into the Highway Safety Operating
1578 Trust Fund.
1579 Section 38. Subsection (1) of section 322.61, Florida
1580 Statutes, is amended, and subsection (2) of that section is
1581 reenacted, to read:
1582 322.61 Disqualification from operating a commercial motor
1583 vehicle.—
1584 (1) A person who, for offenses occurring within a 3-year
1585 period, is convicted of two of the following serious traffic
1586 violations, or any combination thereof, arising in separate
1587 incidents committed in a commercial motor vehicle shall, in
1588 addition to any other applicable penalties, be disqualified from
1589 operating a commercial motor vehicle for a period of 60 days. A
1590 holder of a commercial driver license or commercial learner’s
1591 permit who, for offenses occurring within a 3-year period, is
1592 convicted of two of the following serious traffic violations, or
1593 any combination thereof, arising in separate incidents committed
1594 in a noncommercial motor vehicle shall, in addition to any other
1595 applicable penalties, be disqualified from operating a
1596 commercial motor vehicle for a period of 60 days if such
1597 convictions result in the suspension, revocation, or
1598 cancellation of the licenseholder’s driving privilege:
1599 (a) A violation of any state or local law relating to motor
1600 vehicle traffic control, other than a parking violation, arising
1601 in connection with a crash resulting in death;
1602 (b) Reckless driving, as defined in s. 316.192;
1603 (c) Unlawful speed of 15 miles per hour or more above the
1604 posted speed limit;
1605 (d) Improper lane change, as defined in s. 316.085;
1606 (e) Following too closely, as defined in s. 316.0895;
1607 (f) Texting while driving a commercial motor vehicle, as
1608 prohibited by 49 C.F.R. 392.80;
1609 (g) Using a handheld mobile telephone while driving a
1610 commercial motor vehicle, as prohibited by 49 C.F.R. 392.82;
1611 (h)(f) Driving a commercial vehicle without obtaining a
1612 commercial driver license;
1613 (i)(g) Driving a commercial vehicle without the proper
1614 class of commercial driver license or commercial learner’s
1615 permit or without the proper endorsement; or
1616 (j)(h) Driving a commercial vehicle without a commercial
1617 driver license or commercial learner’s permit in possession, as
1618 required by s. 322.03.
1619 (2)(a) Any person who, for offenses occurring within a 3
1620 year period, is convicted of three serious traffic violations
1621 specified in subsection (1) or any combination thereof, arising
1622 in separate incidents committed in a commercial motor vehicle
1623 shall, in addition to any other applicable penalties, including
1624 but not limited to the penalty provided in subsection (1), be
1625 disqualified from operating a commercial motor vehicle for a
1626 period of 120 days.
1627 (b) A holder of a commercial driver license or commercial
1628 learner’s permit who, for offenses occurring within a 3-year
1629 period, is convicted of three serious traffic violations
1630 specified in subsection (1) or any combination thereof arising
1631 in separate incidents committed in a noncommercial motor vehicle
1632 shall, in addition to any other applicable penalties, including,
1633 but not limited to, the penalty provided in subsection (1), be
1634 disqualified from operating a commercial motor vehicle for a
1635 period of 120 days if such convictions result in the suspension,
1636 revocation, or cancellation of the licenseholder’s driving
1637 privilege.
1638 Section 39. Section 324.031, Florida Statutes, is amended
1639 to read:
1640 324.031 Manner of proving financial responsibility.—The
1641 owner or operator of a taxicab, limousine, jitney, or any other
1642 for-hire passenger transportation vehicle may prove financial
1643 responsibility by providing satisfactory evidence of holding a
1644 motor vehicle liability policy as defined in s. 324.021(8) or s.
1645 324.151, which policy is provided by an insurer authorized to do
1646 business in this state issued by an insurance carrier which is a
1647 member of the Florida Insurance Guaranty Association or is an
1648 eligible surplus lines insurer that has a superior, excellent,
1649 exceptional, or equivalent financial strength rating by a rating
1650 agency acceptable to the Office of Insurance Regulation of the
1651 Financial Services Commission. The operator or owner of any
1652 other vehicle may prove his or her financial responsibility by:
1653 (1) Furnishing satisfactory evidence of holding a motor
1654 vehicle liability policy as defined in ss. 324.021(8) and
1655 324.151;
1656 (2) Furnishing a certificate of self-insurance showing a
1657 deposit of cash in accordance with s. 324.161; or
1658 (3) Furnishing a certificate of self-insurance issued by
1659 the department in accordance with s. 324.171.
1660
1661 Any person, including any firm, partnership, association,
1662 corporation, or other person, other than a natural person,
1663 electing to use the method of proof specified in subsection (2)
1664 shall furnish a certificate of deposit equal to the number of
1665 vehicles owned times $30,000, to a maximum of $120,000; in
1666 addition, any such person, other than a natural person, shall
1667 maintain insurance providing coverage in excess of limits of
1668 $10,000/20,000/10,000 or $30,000 combined single limits, and
1669 such excess insurance shall provide minimum limits of
1670 $100,000/$300,000 $125,000/250,000 /50,000 or $300,000 combined
1671 single limits. These increased limits shall not affect the
1672 requirements for proving financial responsibility under s.
1673 324.032(1).
1674 Section 40. Section 877.27, Florida Statutes, is amended to
1675 read:
1676 877.27 Unauthorized transmissions to, or interference with,
1677 a public or commercial radio station licensed by the Federal
1678 Communications Commission or global positioning system
1679 prohibited; penalties.—
1680 (1) A person may not:
1681 (a) Make, or cause to be made, a radio transmission in this
1682 state unless the person obtains a license or an exemption from
1683 licensure from the Federal Communications Commission under 47
1684 U.S.C. s. 301, or other applicable federal law or regulation; or
1685 (b) Do any act, whether direct or indirect, to cause an
1686 unlicensed radio transmission to, or interference with, a public
1687 or commercial radio station licensed by the Federal
1688 Communications Commission or to enable the radio transmission or
1689 interference to occur.
1690 (c) Use a device prohibited by the Federal Communications
1691 Commission which would cause interference with the legal use of
1692 a global positioning system (GPS) to track vehicles.
1693 (2) A person who violates this section commits a felony of
1694 the third degree, punishable as provided in s. 775.082, s.
1695 775.083, or s. 775.084.
1696 Section 41. Paragraph (c) of subsection (1) of section
1697 212.05, Florida Statutes, is amended to read:
1698 212.05 Sales, storage, use tax.—It is hereby declared to be
1699 the legislative intent that every person is exercising a taxable
1700 privilege who engages in the business of selling tangible
1701 personal property at retail in this state, including the
1702 business of making mail order sales, or who rents or furnishes
1703 any of the things or services taxable under this chapter, or who
1704 stores for use or consumption in this state any item or article
1705 of tangible personal property as defined herein and who leases
1706 or rents such property within the state.
1707 (1) For the exercise of such privilege, a tax is levied on
1708 each taxable transaction or incident, which tax is due and
1709 payable as follows:
1710 (c) At the rate of 6 percent of the gross proceeds derived
1711 from the lease or rental of tangible personal property, as
1712 defined herein; however, the following special provisions apply
1713 to the lease or rental of motor vehicles:
1714 1. When a motor vehicle is leased or rented for a period of
1715 less than 12 months:
1716 a. If the motor vehicle is rented in Florida, the entire
1717 amount of such rental is taxable, even if the vehicle is dropped
1718 off in another state.
1719 b. If the motor vehicle is rented in another state and
1720 dropped off in Florida, the rental is exempt from Florida tax.
1721 2. Except as provided in subparagraph 3., for the lease or
1722 rental of a motor vehicle for a period of not less than 12
1723 months, sales tax is due on the lease or rental payments if the
1724 vehicle is registered in this state; provided, however, that no
1725 tax shall be due if the taxpayer documents use of the motor
1726 vehicle outside this state and tax is being paid on the lease or
1727 rental payments in another state.
1728 3. The tax imposed by this chapter does not apply to the
1729 lease or rental of a commercial motor vehicle as defined in s.
1730 316.003(13)(a) s. 316.003(12)(a) to one lessee or rentee for a
1731 period of not less than 12 months when tax was paid on the
1732 purchase price of such vehicle by the lessor. To the extent tax
1733 was paid with respect to the purchase of such vehicle in another
1734 state, territory of the United States, or the District of
1735 Columbia, the Florida tax payable shall be reduced in accordance
1736 with the provisions of s. 212.06(7). This subparagraph shall
1737 only be available when the lease or rental of such property is
1738 an established business or part of an established business or
1739 the same is incidental or germane to such business.
1740 Section 42. Subsection (1) of section 316.303, Florida
1741 Statutes, is amended to read:
1742 316.303 Television receivers.—
1743 (1) No motor vehicle may be operated on the highways of
1744 this state if the vehicle is actively displaying moving
1745 television broadcast or pre-recorded video entertainment content
1746 that is visible from the driver’s seat while the vehicle is in
1747 motion, unless the vehicle is equipped with autonomous
1748 technology, as defined in s. 316.003(3) s. 316.003(2), and is
1749 being operated in autonomous mode, as provided in s. 316.85(2).
1750 Section 43. Paragraph (b) of subsection (2) of section
1751 316.545, Florida Statutes, is amended to read:
1752 316.545 Weight and load unlawful; special fuel and motor
1753 fuel tax enforcement; inspection; penalty; review.—
1754 (2)
1755 (b) The officer or inspector shall inspect the license
1756 plate or registration certificate of the commercial vehicle to
1757 determine whether its gross weight is in compliance with the
1758 declared gross vehicle weight. If its gross weight exceeds the
1759 declared weight, the penalty shall be 5 cents per pound on the
1760 difference between such weights. In those cases when the
1761 commercial vehicle is being operated over the highways of the
1762 state with an expired registration or with no registration from
1763 this or any other jurisdiction or is not registered under the
1764 applicable provisions of chapter 320, the penalty herein shall
1765 apply on the basis of 5 cents per pound on that scaled weight
1766 which exceeds 35,000 pounds on laden truck tractor-semitrailer
1767 combinations or tandem trailer truck combinations, 10,000 pounds
1768 on laden straight trucks or straight truck-trailer combinations,
1769 or 10,000 pounds on any unladen commercial motor vehicle. A
1770 driver of a commercial motor vehicle entering the state at a
1771 designated port-of-entry location, as defined in s. 316.003 s.
1772 316.003(54), or operating on designated routes to a port-of
1773 entry location, who obtains a temporary registration permit
1774 shall be assessed a penalty limited to the difference between
1775 its gross weight and the declared gross vehicle weight at 5
1776 cents per pound. If the license plate or registration has not
1777 been expired for more than 90 days, the penalty imposed under
1778 this paragraph may not exceed $1,000. In the case of special
1779 mobile equipment, which qualifies for the license tax provided
1780 for in s. 320.08(5)(b), being operated on the highways of the
1781 state with an expired registration or otherwise not properly
1782 registered under the applicable provisions of chapter 320, a
1783 penalty of $75 shall apply in addition to any other penalty
1784 which may apply in accordance with this chapter. A vehicle found
1785 in violation of this section may be detained until the owner or
1786 operator produces evidence that the vehicle has been properly
1787 registered. Any costs incurred by the retention of the vehicle
1788 shall be the sole responsibility of the owner. A person who has
1789 been assessed a penalty pursuant to this paragraph for failure
1790 to have a valid vehicle registration certificate pursuant to the
1791 provisions of chapter 320 is not subject to the delinquent fee
1792 authorized in s. 320.07 if such person obtains a valid
1793 registration certificate within 10 working days after such
1794 penalty was assessed.
1795 Section 44. Paragraph (a) of subsection (2) of section
1796 316.613, Florida Statutes, is amended to read:
1797 316.613 Child restraint requirements.—
1798 (2) As used in this section, the term “motor vehicle” means
1799 a motor vehicle as defined in s. 316.003 that is operated on the
1800 roadways, streets, and highways of the state. The term does not
1801 include:
1802 (a) A school bus as defined in s. 316.003 s. 316.003(68).
1803 Section 45. Subsection (1) of section 655.960, Florida
1804 Statutes, is amended to read:
1805 655.960 Definitions; ss. 655.960-655.965.—As used in this
1806 section and ss. 655.961-655.965, unless the context otherwise
1807 requires:
1808 (1) “Access area” means any paved walkway or sidewalk which
1809 is within 50 feet of any automated teller machine. The term does
1810 not include any street or highway open to the use of the public,
1811 as defined in s. 316.003(78)(a) or (b) s. 316.003(77)(a) or (b),
1812 including any adjacent sidewalk, as defined in s. 316.003.
1813 Section 46. The amendments made by this act to s. 318.18,
1814 Florida Statutes, shall apply upon the adoption by rule of
1815 uniform traffic citation forms. The Department of Highway Safety
1816 and Motor Vehicles shall notify the Division of Law Revision and
1817 Information upon the adoption of such forms.
1818 Section 47. Except as otherwise provided in this act, this
1819 act shall take effect October 1, 2017.
1820
1821 ================= T I T L E A M E N D M E N T ================
1822 And the title is amended as follows:
1823 Delete everything before the enacting clause
1824 and insert:
1825 A bill to be entitled
1826 An act relating to motor vehicles; amending s.
1827 316.003, F.S.; defining the term “autocycle”;
1828 redefining the term “motorcycle”; conforming a cross
1829 reference; amending ss. 316.2397 and 316.2398, F.S.;
1830 prohibiting vehicles or equipment from showing or
1831 displaying red and white lights while being driven or
1832 moved; authorizing firefighters to use or display red
1833 and white lights under certain circumstances;
1834 authorizing active volunteer firefighters to display
1835 red and white warning signals under certain
1836 circumstances; amending s. 316.302, F.S.; revising
1837 provisions relating to federal regulations to which
1838 owners and drivers of commercial motor vehicles are
1839 subject; delaying the requirement for electronic
1840 logging devices for intrastate motor carriers;
1841 terminating the maximum amount of a civil penalty for
1842 falsification of information on certain time records;
1843 deleting the requirement that a motor carrier maintain
1844 documentation of a driver’s driving times throughout a
1845 duty period if the driver is not released from duty
1846 within a specified period; providing an exemption from
1847 specified rules and regulations for a person who
1848 operates a commercial motor vehicle with a declared
1849 gross vehicle weight, gross vehicle weight rating, and
1850 gross combined weight rating of less than a specified
1851 amount under certain circumstances; amending s.
1852 316.3025, F.S.; conforming provisions to changes made
1853 by the act; amending s. 316.614, F.S.; redefining the
1854 term “motor vehicle”; prohibiting a person from
1855 operating an autocycle unless certain safety belt or
1856 child restraint device requirements are met; amending
1857 s. 316.85, F.S.; authorizing a person who possesses a
1858 valid driver license to engage autonomous technology
1859 to operate an autonomous vehicle under a specified
1860 circumstance; authorizing a person who does not
1861 possess a valid driver license to engage autonomous
1862 technology to operate an autonomous vehicle in
1863 autonomous mode under certain circumstances; creating
1864 s. 316.851, F.S.; requiring an autonomous vehicle used
1865 by a transportation network company to be covered by
1866 automobile insurance, subject to certain requirements;
1867 requiring an autonomous vehicle used to provide a
1868 transportation service to carry in the vehicle proof
1869 of coverage satisfying certain requirements at all
1870 times while operating in autonomous mode; amending s.
1871 318.1215, F.S.; authorizing a board of county
1872 commissioners to require, by ordinance, that the clerk
1873 of the court collect an additional specified fee with
1874 each criminal, rather than each civil, traffic
1875 penalty; amending s. 318.18, F.S.; changing the term
1876 “construction zone” to “work zone” as it relates to
1877 enhanced penalties for unlawful speed; amending s.
1878 320.01, F.S.; redefining the terms “apportionable
1879 vehicle” and “motorcycle”; amending s. 320.02, F.S.;
1880 requiring an application form for motor vehicle
1881 registration to include language authorizing a
1882 voluntary contribution to be distributed to Preserve
1883 Vision Florida, rather than to Prevent Blindness
1884 Florida; amending s. 320.03, F.S.; requiring tax
1885 collectors to provide motor vehicle registration
1886 services to residents of other counties; providing
1887 that jurisdiction over the electronic filing system
1888 for use by authorized electronic filing system agents
1889 to process title transactions, derelict motor vehicle
1890 certificates, and certificates of destruction for
1891 derelict and salvage motor vehicles is preempted to
1892 the state; authorizing an entity that, in the normal
1893 course of its business, processes title transactions,
1894 derelict motor vehicle certificates, or certificates
1895 of destruction for derelict or salvage motor vehicles
1896 to be an authorized electronic filing system agent;
1897 authorizing the department to adopt rules to
1898 administer specified provisions; amending s. 320.06,
1899 F.S.; providing for future repeal of issuance of a
1900 certain annual license plate and cab card to a vehicle
1901 that has an apportioned registration; providing
1902 requirements, beginning on a specified date, for
1903 license plates, cab cards, and validation stickers for
1904 vehicles registered in accordance with the
1905 International Registration Plan; authorizing a worn or
1906 damaged license plate to be replaced at no charge
1907 under certain circumstances; amending s. 320.0605,
1908 F.S.; authorizing presentation of electronic
1909 documentation of certain information to a law
1910 enforcement officer or agent of the department;
1911 providing construction; providing liability; revising
1912 information required in such documentation; amending
1913 s. 320.0607, F.S.; providing an exemption, beginning
1914 on a specified date, of a certain fee for vehicles
1915 registered under the International Registration Plan;
1916 amending s. 320.08, F.S.; requiring a truck tractor
1917 used within this state to be eligible for a license
1918 plate for a specified fee under certain circumstances;
1919 requiring a truck tractor or heavy truck, not operated
1920 as a for-hire vehicle, which is engaged exclusively in
1921 transporting raw, unprocessed, and nonmanufactured
1922 agricultural or horticultural products within this
1923 state to be eligible for a restricted license for a
1924 certain fee; conforming cross-references; amending s.
1925 320.08056, F.S.; deleting the American Red Cross,
1926 Donate Organs-Pass It On, St. Johns River, and
1927 Hispanic Achievers license plates; conforming cross
1928 references; repealing s. 320.08058(31), (57), (69),
1929 and (70), F.S., relating to the American Red Cross,
1930 Donate Organs-Pass It On, St. Johns River, and
1931 Hispanic Achievers license plates, respectively;
1932 amending s. 320.08068, F.S.; requiring The Able Trust
1933 to distribute a specified percentage of annual use
1934 fees from motorcycle specialty license plates to
1935 Preserve Vision Florida, rather than to Prevent
1936 Blindness Florida; amending s. 320.086, F.S.;
1937 providing that, for purposes of this section, a
1938 trailer is considered a motor vehicle; creating s.
1939 320.0875, F.S.; providing for a motorcycle special
1940 license plate to be issued to a recipient of the
1941 Purple Heart; providing requirements for the plate;
1942 amending s. 320.089, F.S.; providing for a special
1943 license plate to be issued to a recipient of the
1944 Bronze Star; making technical changes; amending s.
1945 320.133, F.S.; defining the term “transporter license
1946 plate eligible business”; providing that a person is
1947 not eligible to purchase or renew a transporter
1948 license plate unless he or she provides certain proof
1949 that his or her business is a transporter license
1950 plate eligible business; providing application and
1951 insurance requirements for qualification as a
1952 transporter license plate eligible business;
1953 authorizing the department to issue a transporter
1954 license plate to an applicant who is not a licensed
1955 dealer and is qualified as a transporter license plate
1956 eligible business, under certain circumstances;
1957 providing that a transporter license plate is valid
1958 only for use on an unregistered motor vehicle in the
1959 possession of the transporter, subject to certain
1960 requirements; providing a criminal penalty for a
1961 person who sells or unlawfully possesses, distributes,
1962 or brokers a transporter license plate to be attached
1963 to any vehicle; providing that transporter license
1964 plates are subject to cancellation by the department;
1965 providing a criminal penalty and disqualification from
1966 transporter license plate usage for a person who
1967 knowingly and willfully sells or unlawfully possesses,
1968 distributes, or brokers a transporter license plate to
1969 avoid registering a vehicle requiring registration,
1970 subject to certain requirements; providing
1971 recordkeeping requirements for a transporter license
1972 plate eligible business; providing a criminal penalty,
1973 cancellation of transporter license plates, and
1974 disqualification from future issuance of the plates
1975 for a violation of such recordkeeping requirements;
1976 requiring a transporter license plate issued under
1977 this section to be accompanied by registration and
1978 proof of insurance when attached to a motor vehicle;
1979 providing a criminal penalty and removal of the
1980 license plate for a person who fails to provide such
1981 documentation; providing an exemption to persons who
1982 contract with dealers and auctions to transport motor
1983 vehicles; conforming provisions to changes made by the
1984 act; providing that an initial registration or renewal
1985 issued under this section is valid for a specified
1986 period; requiring a license plate attached to a motor
1987 vehicle in violation of specified provision to be
1988 removed by a law enforcement officer and surrendered
1989 to the department by the law enforcement agency for
1990 cancellation; amending s. 320.27, F.S.; revising the
1991 definitions of “motor vehicle dealer” and “motor
1992 vehicle broker”; requiring any person acting in
1993 violation of specified licensing requirements to be
1994 deemed to have committed an unfair and deceptive trade
1995 practice in violation of specified provisions; making
1996 technical changes; amending s. 321.25, F.S.; providing
1997 for reimbursement to the department of tuition and
1998 other course expenses for certain training under
1999 certain circumstances; defining the term “other course
2000 expenses”; authorizing the department to institute a
2001 civil action under certain circumstances; authorizing
2002 the department to waive a person’s requirement of
2003 reimbursement when the person terminates employment
2004 due to hardship or extenuating circumstances; amending
2005 s. 322.01, F.S.; conforming provisions to changes made
2006 by the act; amending s. 322.03, F.S.; authorizing a
2007 person to operate an autocycle without a motorcycle
2008 endorsement; amending s. 322.032, F.S.; requiring the
2009 department, in collaboration with the Agency for State
2010 Technology, to establish and implement certain
2011 protocols and standards related to digital proofs of
2012 driver licenses and to procure an application
2013 programming interface for a specified purpose;
2014 conforming a provision to changes made by the act;
2015 providing construction relating to a person’s
2016 presentation of an electronic device displaying a
2017 digital proof of driver license to a law enforcement
2018 officer; amending s. 322.051, F.S.; revising
2019 eligibility for a “D” designation on an identification
2020 card to include posttraumatic stress disorder or
2021 traumatic brain injury; amending s. 322.08, F.S.;
2022 requiring an application form for an original,
2023 renewal, or replacement driver license or
2024 identification card to include language authorizing a
2025 voluntary contribution to Preserve Vision Florida,
2026 rather than to Prevent Blindness Florida; amending s.
2027 322.091, F.S.; requiring the department to make
2028 available, upon request, a report to each school
2029 district of certain information for each student whose
2030 driving privileges have been suspended under this
2031 section; amending s. 322.12, F.S.; requiring the tax
2032 collector to retain specified fees if a subsequent
2033 knowledge or skills test is administered by the tax
2034 collector; exempting the operation of an autocycle
2035 from certain examination requirements for licenses to
2036 operate motorcycles; amending s. 322.135, F.S.;
2037 requiring tax collectors to provide driver license
2038 services to residents of all counties; amending s.
2039 322.17, F.S.; providing for replacement of a stolen
2040 identification card at no charge, subject to certain
2041 requirements; amending s. 322.21, F.S.; deleting
2042 obsolete provisions; deleting a fee for certain
2043 specialty driver licenses or identification cards;
2044 providing disposition of specified fees for
2045 reinstatement of a driver license following a
2046 suspension, revocation, or disqualification when the
2047 reinstatement is processed by the department or the
2048 tax collector; requiring an applicant who submits an
2049 application for a renewal or replacement driver
2050 license or identification card to the department using
2051 a convenience service to be provided with an option
2052 for expedited shipping, subject to certain
2053 requirements; requiring a fee to be charged for the
2054 expedited shipping option, subject to certain
2055 requirements; providing for disposition of such fee;
2056 amending s. 322.61, F.S.; adding violations for
2057 texting or using a handheld mobile telephone while
2058 driving a commercial motor vehicle as specified
2059 offenses that, in certain circumstances, result in
2060 disqualification from operating a commercial motor
2061 vehicle for a specified period; amending s. 324.031,
2062 F.S.; revising insurer requirements for a motor
2063 vehicle liability policy held by the owner or operator
2064 of a taxicab, limousine, jitney, or any other for-hire
2065 passenger transportation vehicle; revising certain
2066 excess insurance minimum limits for an operator or
2067 owner of any other vehicle proving his or her
2068 financial responsibility by furnishing a certain
2069 certificate of self-insurance showing a deposit of
2070 cash; amending s. 877.27, F.S.; prohibiting a person
2071 from using a device prohibited by the Federal
2072 Communications Commission which would cause
2073 interference with the legal use of a global
2074 positioning system to track vehicles; amending ss.
2075 212.05, 316.303, 316.545, 316.613, and 655.960, F.S.;
2076 conforming cross-references; providing applicability
2077 of certain changes made by the act; providing
2078 effective dates, one of which is contingent.