Florida Senate - 2018 SENATOR AMENDMENT
Bill No. SB 100
Ì928378YÎ928378
LEGISLATIVE ACTION
Senate . House
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Floor: WD/RM .
03/09/2018 06:20 PM .
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Senator Brandes moved the following:
1 Senate Amendment to House Amendment (583351) (with title
2 amendment)
3
4 Delete lines 5 - 130
5 and insert:
6 Section 1. Subsection (1) of section 20.23, Florida
7 Statutes, is amended to read:
8 20.23 Department of Transportation.—There is created a
9 Department of Transportation which shall be a decentralized
10 agency.
11 (1)(a) The Department of Transportation shall consist of:
12 1. A central office, which establishes policies and
13 procedures; and
14 2. Districts, which carry out projects as authorized or
15 required under the policies and procedures of the central office
16 established pursuant to this section.
17 (b)(a) The head of the Department of Transportation is the
18 Secretary of Transportation. The secretary shall be appointed by
19 the Governor from among three persons nominated by the Florida
20 Transportation Commission and shall be subject to confirmation
21 by the Senate. The secretary shall serve at the pleasure of the
22 Governor.
23 (c)(b) The secretary shall be a proven, effective
24 administrator who, by a combination of education and experience,
25 clearly possesses shall clearly possess a broad knowledge of the
26 administrative, financial, and technical aspects of the
27 development, operation, and regulation of transportation systems
28 and facilities or comparable systems and facilities. The
29 secretary shall be a registered professional engineer in
30 accordance with chapter 471 or the laws of another state; or, in
31 lieu of professional engineer registration, the secretary may
32 hold an advanced degree in an appropriate related discipline,
33 such as a Masters of Business Administration, or have 10 years
34 of relevant experience.
35 (d)(c) The secretary shall provide to the Florida
36 Transportation Commission or its staff, such assistance,
37 information, and documents as are requested by the commission or
38 its staff to enable the commission to fulfill its duties and
39 responsibilities.
40 (e)(d) The secretary may appoint up to three assistant
41 secretaries who shall be directly responsible to the secretary
42 and who shall perform such duties as are assigned by the
43 secretary. The secretary shall designate to an assistant
44 secretary the duties related to enhancing economic prosperity,
45 including, but not limited to, the responsibility of liaison
46 with the head of economic development in the Executive Office of
47 the Governor. Such assistant secretary shall be directly
48 responsible for providing the Executive Office of the Governor
49 with investment opportunities and transportation projects that
50 expand the state’s role as a global hub for trade and investment
51 and enhance the supply chain system in the state to process,
52 assemble, and ship goods to markets throughout the eastern
53 United States, Canada, the Caribbean, and Latin America. The
54 secretary may delegate to any assistant secretary the authority
55 to act in the absence of the secretary.
56 (f)(e) Any secretary appointed after July 5, 1989, and the
57 assistant secretaries shall be exempt from the provisions of
58 part III of chapter 110 and shall receive compensation
59 commensurate with their qualifications and competitive with
60 compensation for comparable responsibility in the private
61 sector.
62 Section 2. Subsections (38) through (52) and (53) through
63 (99) of section 316.003, Florida Statutes, are renumbered as
64 subsections (39) through (53) and (55) through (101),
65 respectively, present subsections (40), (51), (57), and (97) are
66 amended, and new subsections (38) and (54) are added to that
67 section, to read:
68 316.003 Definitions.—The following words and phrases, when
69 used in this chapter, shall have the meanings respectively
70 ascribed to them in this section, except where the context
71 otherwise requires:
72 (38) MOBILE CARRIER.—An electrically powered device that:
73 (a) Is operated on sidewalks and crosswalks and is intended
74 primarily for transporting property;
75 (b) Weighs less than 80 pounds, excluding cargo;
76 (c) Has a maximum speed of 12.5 miles per hour; and
77 (d) Is equipped with a technology to transport personal
78 property with the active monitoring of a property owner, and
79 primarily designed to remain within 25 feet of the property
80 owner.
81
82 A mobile carrier is not considered a vehicle or personal
83 delivery device unless expressly defined by law as a vehicle or
84 personal delivery device.
85 (41)(40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
86 self-propelled vehicle not operated upon rails or guideway, but
87 not including any bicycle, motorized scooter, electric personal
88 assistive mobility device, mobile carrier, personal delivery
89 device, swamp buggy, or moped. For purposes of s. 316.1001,
90 “motor vehicle” has the same meaning as provided in s.
91 320.01(1)(a).
92 (52)(51) PERSONAL DELIVERY DEVICE.—An electrically powered
93 device that:
94 (a) Is operated on sidewalks and crosswalks and intended
95 primarily for transporting property;
96 (b) Weighs less than 100 80 pounds, excluding cargo;
97 (c) Has a maximum speed of 10 miles per hour; and
98 (d) Is equipped with technology to allow for operation of
99 the device with or without the active control or monitoring of a
100 natural person.
101
102 A personal delivery device is not considered a vehicle unless
103 expressly defined by law as a vehicle. A mobile carrier is not
104 considered a personal delivery device.
105 (54) PLATOON.—A group of two individual truck tractor semi
106 trailer combinations, transporting property in quantities that
107 do not require placards, traveling in a unified manner at
108 electronically coordinated speeds and following distances.
109 (59)(57) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
110 provided in paragraph (81)(b) (79)(b), any privately owned way
111 or place used for vehicular travel by the owner and those having
112 express or implied permission from the owner, but not by other
113 persons.
114 (98)(97) VEHICLE.—Every device in, upon, or by which any
115 person or property is or may be transported or drawn upon a
116 highway, except personal delivery devices, mobile carriers, and
117 devices used exclusively upon stationary rails or tracks.
118 Section 3. Paragraph (b) of subsection (7) of section
119 316.008, Florida Statutes, is amended to read:
120 316.008 Powers of local authorities.—
121 (7)
122 (b)1. Except as provided in subparagraph 2., a personal
123 delivery device and a mobile carrier may be operated on
124 sidewalks and crosswalks within a county or municipality when
125 such use is permissible under federal law. This paragraph does
126 not restrict a county or municipality from otherwise adopting
127 regulations for the safe operation of personal delivery devices
128 and mobile carriers.
129 2. A personal delivery device may not be operated on the
130 Florida Shared-Use Nonmotorized Trail Network created under s.
131 339.81 or components of the Florida Greenways and Trails System
132 created under chapter 260.
133 Section 4. Section 316.0895, Florida Statutes, is amended
134 to read:
135 316.0895 Following too closely.—
136 (1) The driver of a motor vehicle shall not follow another
137 vehicle more closely than is reasonable and prudent, having due
138 regard for the speed of such vehicles and the traffic upon, and
139 the condition of, the highway. This subsection may not be
140 construed to prevent overtaking and passing.
141 (2) It is unlawful for the driver of any motor truck, motor
142 truck drawing another vehicle, or vehicle towing another vehicle
143 or trailer, when traveling upon a roadway outside of a business
144 or residence district, to follow within 300 feet of another
145 motor truck, motor truck drawing another vehicle, or vehicle
146 towing another vehicle or trailer. The provisions of this
147 subsection shall not be construed to prevent overtaking and
148 passing nor shall the same apply upon any lane specially
149 designated for use by motor trucks or other slow-moving
150 vehicles.
151 (2)(3) Motor vehicles being driven upon any roadway outside
152 of a business or residence district in a caravan or motorcade,
153 whether or not towing other vehicles, shall be so operated as to
154 allow sufficient space between each such vehicle or combination
155 of vehicles as to enable any other vehicle to enter and occupy
156 such space without danger. This provision shall not apply to
157 funeral processions.
158 (3)(4) A violation of this section is a noncriminal traffic
159 infraction, punishable as a moving violation as provided in
160 chapter 318.
161 Section 5. Section 316.0896, Florida Statutes, is amended
162 to read:
163 316.0896 Assistive truck platooning technology pilot
164 project.—The Department of Transportation, in consultation with
165 the Department of Highway Safety and Motor Vehicles, shall study
166 the use and safe operation of driver-assistive truck platooning
167 technology, as defined in s. 316.003, for the purpose of
168 developing a pilot project to test vehicles that are equipped to
169 operate using driver-assistive truck platooning technology.
170 (1) Upon conclusion of the study, the Department of
171 Transportation, in consultation with the Department of Highway
172 Safety and Motor Vehicles, may conduct an ongoing a pilot
173 project to test the use and safe operation of vehicles equipped
174 with driver-assistive truck platooning technology.
175 (2) Notwithstanding ss. 316.0895 and 316.303, the
176 Department of Transportation may conduct the pilot project in
177 such a manner and at such locations as determined by the
178 Department of Transportation based on the study and any initial
179 findings and recommendations resulting from the pilot program.
180 (3) Before the start of the pilot project, manufacturers of
181 driver-assistive truck platooning technology being tested or
182 commercially operated in the pilot project must submit to the
183 Department of Highway Safety and Motor Vehicles an instrument of
184 insurance, a surety bond, or proof of self-insurance acceptable
185 to the department in the amount of $5 million.
186 (4) After Upon conclusion of the initial phase of the pilot
187 project, the Department of Transportation, in consultation with
188 the Department of Highway Safety and Motor Vehicles, shall
189 submit a preliminary report by June 30, 2018, which describes
190 the results of the study and any findings or recommendations
191 from the initial phase of the pilot project to the Governor, the
192 President of the Senate, and the Speaker of the House of
193 Representatives. After submission of the preliminary report, the
194 Department of Transportation shall continue the pilot program
195 through June 30, 2020, including expansion of authorized uses of
196 driver-assistive truck platooning operations based on the
197 findings and recommendations of the preliminary report, to allow
198 the long-term testing and commercial operation of the use and
199 safe operation of vehicles equipped with driver-assistive truck
200 platooning technology. The Department of Transportation, in
201 consultation with the Department of Highway Safety and Motor
202 Vehicles, shall submit a final report on or before January 1,
203 2021, which describes the results of the preliminary report and
204 any final findings or recommendations, to the Governor, the
205 President of the Senate, and the Speaker of the House of
206 Representatives.
207 Section 6. Section 316.2071, Florida Statutes, is amended
208 to read:
209 316.2071 Personal delivery devices and mobile carriers.—
210 (1) Notwithstanding any provision of law to the contrary, a
211 personal delivery device or mobile carrier may operate on
212 sidewalks and crosswalks, subject to s. 316.008(7)(b). A
213 personal delivery device or mobile carrier operating on a
214 sidewalk or crosswalk has all the rights and duties applicable
215 to a pedestrian under the same circumstances, except that the
216 personal delivery device or mobile carrier must not unreasonably
217 interfere with pedestrians or traffic and must yield the right
218 of-way to pedestrians on the sidewalk or crosswalk.
219 (2) A personal delivery device and a mobile carrier must:
220 (a) Obey all official traffic and pedestrian control
221 signals and devices.
222 (b) For personal delivery devices, include a plate or
223 marker that has a unique identifying device number and
224 identifies the name and contact information of the personal
225 delivery device operator.
226 (c) Be equipped with a braking system that, when active or
227 engaged, enables the personal delivery device or mobile carrier
228 to come to a controlled stop.
229 (3) A personal delivery device and a mobile carrier may
230 not:
231 (a) Operate on a public highway except to the extent
232 necessary to cross a crosswalk.
233 (b) Operate on a sidewalk or crosswalk unless the personal
234 delivery device operator is actively controlling or monitoring
235 the navigation and operation of the personal delivery device or
236 a property owner remains within 25 feet of the mobile carrier.
237 (c) Transport hazardous materials as defined in s. 316.003.
238 (4) A person who owns and operates a personal delivery
239 device in this state must maintain an insurance policy, on
240 behalf of himself or herself and his or her agents, which
241 provides general liability coverage of at least $100,000 for
242 damages arising from the combined operations of personal
243 delivery devices under the entity’s or agent’s control.
244 Section 7. Subsections (3) through (6) of section 316.235,
245 Florida Statutes, are renumbered as subsections (4) through (7),
246 respectively, and a new subsection (3) is added to that section,
247 to read:
248 316.235 Additional lighting equipment.—
249 (3) Any motor vehicle may be equipped with one or more
250 lamps or devices underneath the motor vehicle as long as such
251 lamps or devices do not emit light in violation of s.
252 316.2397(1) or (7) or s. 316.238.
253 Section 8. Subsection (3) of section 316.224, Florida
254 Statutes, is amended to read:
255 316.224 Color of clearance lamps, identification lamps,
256 side marker lamps, backup lamps, reflectors, and deceleration
257 lights.—
258 (3) All lighting devices and reflectors mounted on the rear
259 of any vehicle shall display or reflect a red color, except the
260 stop light or other signal device, which may be red, amber, or
261 yellow, and except that the light illuminating the license plate
262 shall be white and the light emitted by a backup lamp shall be
263 white or amber. Deceleration lights as authorized by s.
264 316.235(6) s. 316.235(5) shall display an amber color.
265 Section 9. Paragraph (c) of subsection (7) of section
266 316.2397, Florida Statutes, is amended to read:
267 316.2397 Certain lights prohibited; exceptions.—
268 (7) Flashing lights are prohibited on vehicles except:
269 (c) For the lamps authorized under subsections (1), (2),
270 (3), (4), and (9), s. 316.2065, or s. 316.235(6) s. 316.235(5)
271 which may flash.
272 Section 10. Subsections (1) and (3) of section 316.2397,
273 Florida Statutes, are amended to read:
274 316.2397 Certain lights prohibited; exceptions.—
275 (1) A No person may not shall drive or move or cause to be
276 moved any vehicle or equipment upon any highway within this
277 state with any lamp or device thereon showing or displaying a
278 red, red and white, or blue light visible from directly in front
279 thereof except for certain vehicles hereinafter provided in this
280 section.
281 (3) Vehicles of the fire department and fire patrol,
282 including vehicles of volunteer firefighters as permitted under
283 s. 316.2398, may show or display red or red and white lights.
284 Vehicles of medical staff physicians or technicians of medical
285 facilities licensed by the state as authorized under s.
286 316.2398, ambulances as authorized under this chapter, and buses
287 and taxicabs as authorized under s. 316.2399 may show or display
288 red lights. Vehicles of the fire department, fire patrol, police
289 vehicles, and such ambulances and emergency vehicles of
290 municipal and county departments, public service corporations
291 operated by private corporations, the Fish and Wildlife
292 Conservation Commission, the Department of Environmental
293 Protection, the Department of Transportation, the Department of
294 Agriculture and Consumer Services, and the Department of
295 Corrections as are designated or authorized by their respective
296 department or the chief of police of an incorporated city or any
297 sheriff of any county may operate emergency lights and sirens in
298 an emergency. Wreckers, mosquito control fog and spray vehicles,
299 and emergency vehicles of governmental departments or public
300 service corporations may show or display amber lights when in
301 actual operation or when a hazard exists provided they are not
302 used going to and from the scene of operation or hazard without
303 specific authorization of a law enforcement officer or law
304 enforcement agency. Wreckers must use amber rotating or flashing
305 lights while performing recoveries and loading on the roadside
306 day or night, and may use such lights while towing a vehicle on
307 wheel lifts, slings, or under reach if the operator of the
308 wrecker deems such lights necessary. A flatbed, car carrier, or
309 rollback may not use amber rotating or flashing lights when
310 hauling a vehicle on the bed unless it creates a hazard to other
311 motorists because of protruding objects. Further, escort
312 vehicles may show or display amber lights when in the actual
313 process of escorting overdimensioned equipment, material, or
314 buildings as authorized by law. Vehicles owned or leased by
315 private security agencies may show or display green and amber
316 lights, with either color being no greater than 50 percent of
317 the lights displayed, while the security personnel are engaged
318 in security duties on private or public property.
319 Section 11. Section 316.2398, Florida Statutes, is amended
320 to read:
321 316.2398 Display or use of red or red and white warning
322 signals; motor vehicles of volunteer firefighters or medical
323 staff.—
324 (1) A privately owned vehicle belonging to an active
325 firefighter member of a regularly organized volunteer
326 firefighting company or association, while en route to the fire
327 station for the purpose of proceeding to the scene of a fire or
328 other emergency or while en route to the scene of a fire or
329 other emergency in the line of duty as an active firefighter
330 member of a regularly organized firefighting company or
331 association, may display or use red or red and white warning
332 signals. or A privately owned vehicle belonging to a medical
333 staff physician or technician of a medical facility licensed by
334 the state, while responding to an emergency in the line of duty,
335 may display or use red warning signals. Warning signals must be
336 visible from the front and from the rear of such vehicle,
337 subject to the following restrictions and conditions:
338 (a) No more than two red or red and white warning signals
339 may be displayed.
340 (b) No inscription of any kind may appear across the face
341 of the lens of the red or red and white warning signal.
342 (c) In order for an active volunteer firefighter to display
343 such red or red and white warning signals on his or her vehicle,
344 the volunteer firefighter must first secure a written permit
345 from the chief executive officers of the firefighting
346 organization to use the red or red and white warning signals,
347 and this permit must be carried by the volunteer firefighter at
348 all times while the red or red and white warning signals are
349 displayed.
350 (2) A It is unlawful for any person who is not an active
351 firefighter member of a regularly organized volunteer
352 firefighting company or association or a physician or technician
353 of the medical staff of a medical facility licensed by the state
354 may not to display on any motor vehicle owned by him or her, at
355 any time, any red or red and white warning signals as described
356 in subsection (1).
357 (3) It is unlawful for An active volunteer firefighter may
358 not to operate any red or red and white warning signals as
359 authorized in subsection (1), except while en route to the fire
360 station for the purpose of proceeding to the scene of a fire or
361 other emergency, or while at or en route to the scene of a fire
362 or other emergency, in the line of duty.
363 (4) It is unlawful for A physician or technician of the
364 medical staff of a medical facility may not to operate any red
365 warning signals as authorized in subsection (1), except when
366 responding to an emergency in the line of duty.
367 (5) A violation of this section is a nonmoving violation,
368 punishable as provided in chapter 318. In addition, a any
369 volunteer firefighter who violates this section shall be
370 dismissed from membership in the firefighting organization by
371 the chief executive officers thereof.
372 Section 12. Subsection (1) and paragraphs (a), (c), (d),
373 and (f) of subsection (2) of section 316.302, Florida Statutes,
374 are amended to read:
375 316.302 Commercial motor vehicles; safety regulations;
376 transporters and shippers of hazardous materials; enforcement.—
377 (1) Except as otherwise provided in subsection (3):
378 (a) All owners and drivers of commercial motor vehicles
379 that are operated on the public highways of this state while
380 engaged in interstate commerce are subject to the rules and
381 regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
382 (b) Except as otherwise provided in this section, all
383 owners or drivers of commercial motor vehicles that are engaged
384 in intrastate commerce are subject to the rules and regulations
385 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
386 the exception of 49 C.F.R. s. 390.5 as it relates to the
387 definition of bus, as such rules and regulations existed on
388 December 31, 2017 2012.
389 (c) The emergency exceptions provided by 49 C.F.R. s.
390 392.82 also apply to communications by utility drivers and
391 utility contractor drivers during a Level 1 activation of the
392 State Emergency Operations Center, as provided in the Florida
393 Comprehensive Emergency Management plan, or during a state of
394 emergency declared by executive order or proclamation of the
395 Governor.
396 (d) Except as provided in s. 316.215(5), and except as
397 provided in s. 316.228 for rear overhang lighting and flagging
398 requirements for intrastate operations, the requirements of this
399 section supersede all other safety requirements of this chapter
400 for commercial motor vehicles.
401 (e) For motor carriers engaged in intrastate commerce who
402 are not carrying hazardous materials in amounts that require
403 placards, the requirement for electronic logging devices and
404 hours of service support documents shall take effect December
405 31, 2018.
406 (2)(a) A person who operates a commercial motor vehicle
407 solely in intrastate commerce not transporting any hazardous
408 material in amounts that require placarding pursuant to 49
409 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
410 and 395.3 395.3(a) and (b).
411 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
412 operates a commercial motor vehicle solely in intrastate
413 commerce not transporting any hazardous material in amounts that
414 require placarding pursuant to 49 C.F.R. part 172 may not drive
415 after having been on duty more than 70 hours in any period of 7
416 consecutive days or more than 80 hours in any period of 8
417 consecutive days if the motor carrier operates every day of the
418 week. Thirty-four consecutive hours off duty shall constitute
419 the end of any such period of 7 or 8 consecutive days. This
420 weekly limit does not apply to a person who operates a
421 commercial motor vehicle solely within this state while
422 transporting, during harvest periods, any unprocessed
423 agricultural products or unprocessed food or fiber that is
424 subject to seasonal harvesting from place of harvest to the
425 first place of processing or storage or from place of harvest
426 directly to market or while transporting livestock, livestock
427 feed, or farm supplies directly related to growing or harvesting
428 agricultural products. Upon request of the Department of Highway
429 Safety and Motor Vehicles, motor carriers shall furnish time
430 records or other written verification to that department so that
431 the Department of Highway Safety and Motor Vehicles can
432 determine compliance with this subsection. These time records
433 must be furnished to the Department of Highway Safety and Motor
434 Vehicles within 2 days after receipt of that department’s
435 request. Falsification of such information is subject to a civil
436 penalty not to exceed $100. The provisions of This paragraph
437 does do not apply to operators of farm labor vehicles operated
438 during a state of emergency declared by the Governor or operated
439 pursuant to s. 570.07(21), and does do not apply to drivers of
440 utility service vehicles as defined in 49 C.F.R. s. 395.2.
441 (d) A person who operates a commercial motor vehicle solely
442 in intrastate commerce not transporting any hazardous material
443 in amounts that require placarding pursuant to 49 C.F.R. part
444 172 within a 150 air-mile radius of the location where the
445 vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
446 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
447 395.1(e)(1)(iii) and (v) are met. If a driver is not released
448 from duty within 12 hours after the driver arrives for duty, the
449 motor carrier must maintain documentation of the driver’s
450 driving times throughout the duty period.
451 (f) A person who operates a commercial motor vehicle having
452 a declared gross vehicle weight, gross vehicle weight rating,
453 and gross combined weight rating of less than 26,001 pounds
454 solely in intrastate commerce and who is not transporting
455 hazardous materials in amounts that require placarding pursuant
456 to 49 C.F.R. part 172, or who is transporting petroleum products
457 as defined in s. 376.301, is exempt from subsection (1).
458 However, such person must comply with 49 C.F.R. parts 382, 392,
459 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
460 Section 13. Subsection (3) of section 316.303, Florida
461 Statutes, is amended to read:
462 316.303 Television receivers.—
463 (3) This section does not prohibit the use of an electronic
464 display used in conjunction with a vehicle navigation system; an
465 electronic display used by an operator of a vehicle equipped
466 with autonomous technology, as defined in s. 316.003; or an
467 electronic display used by an operator of a platoon or a vehicle
468 equipped and operating with driver-assistive truck platooning
469 technology, as defined in s. 316.003.
470 Section 14. Subsections (3) and (4) of section 316.515,
471 Florida Statutes, are amended, and subsection (16) is added to
472 that section, to read:
473 316.515 Maximum width, height, length.—
474 (3) LENGTH LIMITATION.—Except as otherwise provided in this
475 section, length limitations apply solely to a semitrailer or
476 trailer, and not to a truck tractor or to the overall length of
477 a combination of vehicles. No combination of commercial motor
478 vehicles coupled together and operating on the public roads may
479 consist of more than one truck tractor and two trailing units.
480 Unless otherwise specifically provided for in this section, a
481 combination of vehicles not qualifying as commercial motor
482 vehicles may consist of no more than two units coupled together;
483 such nonqualifying combination of vehicles may not exceed a
484 total length of 65 feet, inclusive of the load carried thereon,
485 but exclusive of safety and energy conservation devices approved
486 by the department for use on vehicles using public roads.
487 Notwithstanding any other provision of this section, a truck
488 tractor-semitrailer combination engaged in the transportation of
489 automobiles or boats may transport motor vehicles or boats on
490 part of the power unit; and, except as may otherwise be mandated
491 under federal law, an automobile or boat transporter semitrailer
492 may not exceed 50 feet in length, exclusive of the load;
493 however, the load may extend up to an additional 6 feet beyond
494 the rear of the trailer. The 50-feet length limitation does not
495 apply to non-stinger-steered automobile or boat transporters
496 that are 65 feet or less in overall length, exclusive of the
497 load carried thereon, or to stinger-steered automobile or boat
498 transporters that are 75 feet or less in overall length,
499 exclusive of the load carried thereon, or to stinger-steered
500 automobile transporters that are 80 feet or less in overall
501 length, exclusive of the load carried thereon. For purposes of
502 this subsection, a “stinger-steered automobile or boat
503 transporter” is an automobile or boat transporter configured as
504 a semitrailer combination wherein the fifth wheel is located on
505 a drop frame located behind and below the rearmost axle of the
506 power unit. Automobile transporters operating under this
507 subsection may backhaul cargo or general freight when the weight
508 limits of s. 316.535 are not exceeded. Notwithstanding
509 paragraphs (a) and (b), any straight truck or truck tractor
510 semitrailer combination engaged in the transportation of
511 horticultural trees may allow the load to extend up to an
512 additional 10 feet beyond the rear of the vehicle, provided said
513 trees are resting against a retaining bar mounted above the
514 truck bed so that the root balls of the trees rest on the floor
515 and to the front of the truck bed and the tops of the trees
516 extend up over and to the rear of the truck bed, and provided
517 the overhanging portion of the load is covered with protective
518 fabric.
519 (a) Straight trucks.—A straight truck may not exceed a
520 length of 40 feet in extreme overall dimension, exclusive of
521 safety and energy conservation devices approved by the
522 department for use on vehicles using public roads. A straight
523 truck may attach a forklift to the rear of the cargo bed,
524 provided the overall combined length of the vehicle and the
525 forklift does not exceed 50 feet. A straight truck may tow no
526 more than one trailer, and the overall length of the truck
527 trailer combination may not exceed 68 feet, including the load
528 thereon. Notwithstanding any other provisions of this section, a
529 truck-trailer combination engaged in the transportation of
530 boats, or boat trailers whose design dictates a front-to-rear
531 stacking method may not exceed the length limitations of this
532 paragraph exclusive of the load; however, the load may extend up
533 to an additional 6 feet beyond the rear of the trailer.
534 (b) Semitrailers.—
535 1. A semitrailer operating in a truck tractor-semitrailer
536 combination may not exceed 48 feet in extreme overall outside
537 dimension, measured from the front of the unit to the rear of
538 the unit and the load carried thereon, exclusive of safety and
539 energy conservation devices approved by the department for use
540 on vehicles using public roads, unless it complies with
541 subparagraph 2. A semitrailer which exceeds 48 feet in length
542 and is used to transport divisible loads may operate in this
543 state only if issued a permit under s. 316.550 and if such
544 trailer meets the requirements of this chapter relating to
545 vehicle equipment and safety. Except for highways on the tandem
546 trailer truck highway network, public roads deemed unsafe for
547 longer semitrailer vehicles or those roads on which such longer
548 vehicles are determined not to be in the interest of public
549 convenience shall, in conformance with s. 316.006, be restricted
550 by the Department of Transportation or by the local authority to
551 use by semitrailers not exceeding a length of 48 feet, inclusive
552 of the load carried thereon but exclusive of safety and energy
553 conservation devices approved by the department for use on
554 vehicles using public roads. Truck tractor-semitrailer
555 combinations shall be afforded reasonable access to terminals;
556 facilities for food, fuel, repairs, and rest; and points of
557 loading and unloading.
558 2. A semitrailer which is more than 48 feet but not more
559 than 57 feet in extreme overall outside dimension, as measured
560 pursuant to subparagraph 1., may operate on public roads, except
561 roads on the State Highway System which are restricted by the
562 Department of Transportation or other roads restricted by local
563 authorities, if:
564 a. The distance between the kingpin or other peg that locks
565 into the fifth wheel of a truck tractor and the center of the
566 rear axle or rear group of axles does not exceed 41 feet, or, in
567 the case of a semitrailer used exclusively or primarily to
568 transport vehicles in connection with motorsports competition
569 events, the distance does not exceed 46 feet from the kingpin to
570 the center of the rear axles; and
571 b. It is equipped with a substantial rear-end underride
572 protection device meeting the requirements of 49 C.F.R. s.
573 393.86, “Rear End Protection.”
574 (c) Tandem trailer trucks.—
575 1. Except for semitrailers and trailers of up to 28 1/2
576 feet in length which existed on December 1, 1982, and which were
577 actually and lawfully operating on that date, no semitrailer or
578 trailer operating in a truck tractor-semitrailer-trailer
579 combination may exceed a length of 28 feet in extreme overall
580 outside dimension, measured from the front of the unit to the
581 rear of the unit and the load carried thereon, exclusive of
582 safety and energy conservation devices approved by the
583 Department of Transportation for use on vehicles using public
584 roads.
585 2. Tandem trailer trucks conforming to the weight and size
586 limitations of this chapter and in immediate transit to or from
587 a terminal facility as defined in this chapter may operate on
588 the public roads of this state except for residential
589 neighborhood streets restricted by the Department of
590 Transportation or local jurisdictions. In addition, the
591 Department of Transportation or local jurisdictions may restrict
592 these vehicles from using streets and roads under their
593 maintenance responsibility on the basis of safety and
594 engineering analyses, provided that the restrictions are
595 consistent with the provisions of this chapter. The Department
596 of Transportation shall develop safety and engineering standards
597 to be used by all jurisdictions when identifying public roads
598 and streets to be restricted from tandem trailer truck
599 operations.
600 3. Except as otherwise provided in this section, within 5
601 miles of the Federal National Network for large trucks, tandem
602 trailer trucks shall be afforded access to terminals; facilities
603 for food, fuel, repairs, and rest; and points of loading and
604 unloading.
605 4. Notwithstanding the provisions of any general or special
606 law to the contrary, all local system tandem trailer truck route
607 review procedures must be consistent with those adopted by the
608 Department of Transportation.
609 5. Tandem trailer trucks employed as household goods
610 carriers and conforming to the weight and size limitations of
611 this chapter shall be afforded access to points of loading and
612 unloading on the public streets and roads of this state, except
613 for streets and roads that have been restricted from use by such
614 vehicles on the basis of safety and engineering analyses by the
615 jurisdiction responsible for maintenance of the streets and
616 roads.
617 (d) Maxi-cube vehicles.—Maxi-cube vehicles shall be allowed
618 to operate on routes open to tandem trailer trucks under the
619 same conditions applicable to tandem trailer trucks as specified
620 by this section.
621 (4) LOAD EXTENSION LIMITATION.—The load upon any vehicle
622 operated alone, or the load upon the front vehicle of a
623 combination of vehicles, may not extend more than 3 feet beyond
624 the front wheels of the vehicle or the front bumper of the
625 vehicle if it is equipped with a bumper. However, the load upon
626 any stinger-steered automobile transporter may not extend more
627 than 4 feet beyond the front bumper of the vehicle.
628 (a) The limitations of this subsection do not apply to
629 bicycle racks carrying bicycles on public sector transit
630 vehicles.
631 (b) The provisions of this subsection shall not apply to a
632 front-end loading collection vehicle, when:
633 1. The front-end loading mechanism and container or
634 containers are in the lowered position;
635 2. The vehicle is engaged in collecting solid waste or
636 recyclable or recovered materials;
637 3. The vehicle is being operated at speeds less than 20
638 miles per hour with the vehicular hazard-warning lights
639 activated; and
640 4. The extension does not exceed 8 feet 6 inches.
641 (16) TOWAWAY TRAILER TRANSPORTER COMBINATIONS.—An unladen
642 power unit may tow two trailers or semitrailers when the
643 combination is not used to carry property, the overall
644 combination length does not exceed 82 feet, and the total gross
645 weight of the combination does not exceed 26,000 pounds. The
646 trailers or semitrailers must constitute inventory property of a
647 manufacturer, distributor, or dealer of such trailers or
648 semitrailers.
649 Section 15. Subsection (3) is added to section 316.85,
650 Florida Statutes, to read:
651 316.85 Autonomous vehicles; operation.—
652 (3) The Florida Turnpike Enterprise and any authority
653 formed under chapters 343, 348, and 349 may fund, construct, and
654 operate facilities for the advancement of autonomous and
655 connected innovative transportation technology solutions for the
656 purposes of improving safety and decreasing congestion for the
657 traveling public and to otherwise advance the enterprise’s or
658 authority’s objectives as set forth under the Florida
659 Transportation Code or the authority’s enabling statutes,
660 respectively.
661 Section 16. Section 316.87, Florida Statutes, is amended to
662 read:
663 316.87 Nonemergency medical transportation services.—
664 (1) To ensure the availability of nonemergency medical
665 transportation services throughout the state, a provider
666 licensed by the county or operating under a permit issued by the
667 county may not be required to use a vehicle that is larger than
668 needed to transport the number of persons being transported or
669 that is inconsistent with the medical condition of the
670 individuals receiving the nonemergency medical transportation
671 services. This section does not apply to the procurement,
672 contracting, or provision of paratransit transportation
673 services, directly or indirectly, by a county or an authority,
674 pursuant to the Americans with Disabilities Act of 1990, as
675 amended.
676 (2)(a) Subject to state and federal Medicaid requirements,
677 Medicaid nonemergency transportation services may be provided to
678 a Medicaid beneficiary by a transportation network company
679 contracted with a Medicaid managed care plan, a transportation
680 broker under contract with a Medicaid managed care plan, or a
681 transportation broker under direct contract with the Agency for
682 Health Care Administration. The Agency for Health Care
683 Administration shall update the Non-Emergency Transportation
684 Services Coverage Policy pursuant to this subsection by October
685 1, 2018. Requirements for transportation network companies and
686 transportation network company drivers may not exceed those
687 imposed under s. 627.748, except as necessary to conform to
688 federal Medicaid transportation requirements administered by the
689 Agency for Health Care Administration.
690 (b) This subsection may not be construed to expand or limit
691 the existing transportation benefit provided to Medicaid
692 beneficiaries or to require a Medicaid managed care plan to
693 contract with a transportation network company or a
694 transportation broker.
695 Section 17. Subsection (9) of section 318.14, Florida
696 Statutes, is amended to read:
697 318.14 Noncriminal traffic infractions; exception;
698 procedures.—
699 (9) Any person who does not hold a commercial driver
700 license or commercial learner’s permit and who is cited while
701 driving a noncommercial motor vehicle for an infraction under
702 this section other than a violation of s. 316.183(2), s.
703 316.187, or s. 316.189 when the driver exceeds the posted limit
704 by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
705 (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
706 lieu of a court appearance, elect to attend in the location of
707 his or her choice within this state a basic driver improvement
708 course approved by the Department of Highway Safety and Motor
709 Vehicles. In such a case, adjudication must be withheld and
710 points, as provided by s. 322.27, may not be assessed. However,
711 a person may not make an election under this subsection if the
712 person has made an election under this subsection in the
713 preceding 12 months. A person may not make more than five
714 elections within his or her lifetime under this subsection,
715 except that a person who is 30 years of age or older who has
716 previously made five elections may make an election under this
717 subsection if the person has not made an election in the
718 preceding 36 months. The requirement for community service under
719 s. 318.18(8) is not waived by a plea of nolo contendere or by
720 the withholding of adjudication of guilt by a court. If a person
721 makes an election to attend a basic driver improvement course
722 under this subsection, 18 percent of the civil penalty imposed
723 under s. 318.18(3) shall be deposited in the State Courts
724 Revenue Trust Fund; however, that portion is not revenue for
725 purposes of s. 28.36 and may not be used in establishing the
726 budget of the clerk of the court under that section or s. 28.35.
727 Section 18. Section 319.141, Florida Statutes, is amended
728 to read:
729 319.141 Pilot rebuilt motor vehicle inspection program.—
730 (1) As used in this section, the term:
731 (a) “Facility” means a rebuilt motor vehicle inspection
732 facility authorized and operating under this section.
733 (b) “Rebuilt inspection services” means an examination of a
734 rebuilt vehicle and a properly endorsed certificate of title,
735 salvage certificate of title, or manufacturer’s statement of
736 origin and an application for a rebuilt certificate of title, a
737 rebuilder’s affidavit, a photograph of the junk or salvage
738 vehicle taken before repairs began, a photograph of the interior
739 driver and passenger sides of the vehicle if airbags were
740 previously deployed and replaced, receipts or invoices for all
741 major component parts, as defined in s. 319.30, and repairs
742 which were changed, and proof that notice of rebuilding of the
743 vehicle has been reported to the National Motor Vehicle Title
744 Information System.
745 (2) By July 1, 2015, The department shall oversee a pilot
746 program in Miami-Dade County to evaluate alternatives for
747 rebuilt inspection services offered by existing private sector
748 operators, including the continued use of private facilities,
749 the cost impact to consumers, and the potential savings to the
750 department.
751 (3) The department shall establish a memorandum of
752 understanding that allows private parties participating in the
753 pilot program to conduct rebuilt motor vehicle inspections and
754 specifies requirements for oversight, bonding and insurance,
755 procedures, and forms and requires the electronic transmission
756 of documents.
757 (4) Before an applicant is approved or renewed, the
758 department shall ensure that the applicant meets basic criteria
759 designed to protect the public. At a minimum, the applicant
760 shall meet all of the following requirements:
761 (a) Have and maintain a surety bond or irrevocable letter
762 of credit in the amount of $100,000 executed by the applicant.
763 (b) Secure and maintain a facility at a permanent fixed
764 structure which has at an address identified by a county-issued
765 tax folio number and recognized by the United States Postal
766 Service where the only services provided on such property are
767 rebuilt inspection services. The operator of a facility shall
768 annually attest that:
769 1. He or she is not employed by or does not have an
770 ownership interest in or other financial arrangement with the
771 owner, operator, manager, or employee of a motor vehicle repair
772 shop as defined in s. 559.903, a motor vehicle dealer as defined
773 in s. 320.27(1)(c), a towing company, a vehicle storage company,
774 a vehicle auction, an insurance company, a salvage yard, a metal
775 retailer, or a metal rebuilder, from which he or she receives
776 remuneration, directly or indirectly, for the referral of
777 customers for rebuilt inspection services;
778 2. There have been no changes to the ownership structure of
779 the approved facility; and
780 3. The only services being provided by the operator of the
781 facility at the property are rebuilt vehicle inspection services
782 approved by the department.
783 (c) Have and maintain garage liability and other insurance
784 required by the department.
785 (d) Have completed criminal background checks of the
786 owners, partners, and corporate officers and the inspectors
787 employed by the facility.
788 (e) Have a designated office and customer waiting area that
789 is separate from and not within view of the vehicle inspection
790 area. The vehicle inspection area must be capable of
791 accommodating all vehicle types and must be equipped with
792 cameras allowing the department to view and monitor every
793 inspection.
794 (f)(e) Meet any additional criteria the department
795 determines necessary to conduct proper inspections.
796 (5) A participant in the program shall access vehicle and
797 title information and enter inspection results through an
798 electronic filing system authorized by the department and shall
799 maintain records of each rebuilt vehicle inspection processed at
800 such facility for at least 5 years.
801 (6) A participant in the program may not conduct an
802 inspection of a vehicle rebuilt before its purchase by the
803 current applicant. Such vehicles must be inspected by the
804 department.
805 (7) Any applicant for a rebuilt title that fails an initial
806 rebuilt inspection may have that vehicle reinspected only by the
807 department or the facility that conducted the original
808 inspection.
809 (8) Any person or business authorized by the department to
810 train, certify, or recertify operators and inspectors of private
811 rebuilt motor vehicle inspection facilities may not certify or
812 recertify itself or any of its employees.
813 (9)(6) The department shall conduct an onsite facility
814 inspection at least twice a year and shall immediately terminate
815 any operator from the program who fails to meet the minimum
816 eligibility requirements specified in subsection (4). Before any
817 a change in ownership or transfer of a rebuilt inspection
818 facility, the current operator must give the department 45 days’
819 written notice of the intended sale or transfer. The prospective
820 owner or transferee must meet the eligibility requirements of
821 this section and execute a new memorandum of understanding with
822 the department before operating the facility.
823 (10)(7) This section is repealed on July 1, 2020 2018,
824 unless saved from repeal through reenactment by the Legislature.
825 On or before January 1, 2019, the department shall submit a
826 written report to the Governor, the President of the Senate, and
827 the Speaker of the House of Representatives evaluating the
828 current program and the benefits to the consumer and the
829 department.
830 Section 19. Paragraph (a) of subsection (1) and subsection
831 (24) of section 320.01, Florida Statutes, are amended to read:
832 320.01 Definitions, general.—As used in the Florida
833 Statutes, except as otherwise provided, the term:
834 (1) “Motor vehicle” means:
835 (a) An automobile, motorcycle, truck, trailer, semitrailer,
836 truck tractor and semitrailer combination, or any other vehicle
837 operated on the roads of this state, used to transport persons
838 or property, and propelled by power other than muscular power,
839 but the term does not include traction engines, road rollers,
840 personal delivery devices and mobile carriers as defined in s.
841 316.003, special mobile equipment as defined in s. 316.003,
842 vehicles that run only upon a track, bicycles, swamp buggies, or
843 mopeds.
844 (24) “Apportionable vehicle” means any vehicle, except
845 recreational vehicles, vehicles displaying restricted plates,
846 city pickup and delivery vehicles, buses used in transportation
847 of chartered parties, and government-owned vehicles, which is
848 used or intended for use in two or more member jurisdictions
849 that allocate or proportionally register vehicles and which is
850 used for the transportation of persons for hire or is designed,
851 used, or maintained primarily for the transportation of property
852 and:
853 (a) Is a power unit having a gross vehicle weight in excess
854 of 26,000 pounds;
855 (b) Is a power unit having three or more axles, regardless
856 of weight; or
857 (c) Is used in combination, when the weight of such
858 combination exceeds 26,000 pounds gross vehicle weight.
859
860 Vehicles, or combinations thereof, having a gross vehicle weight
861 of 26,000 pounds or less and two-axle vehicles may be
862 proportionally registered.
863 Section 20. Subsection (19) of section 320.02, Florida
864 Statutes, is amended, and paragraph (v) is added to subsection
865 (15) of that section, to read:
866 320.02 Registration required; application for registration;
867 forms.—
868 (15)
869 (v) Notwithstanding s. 320.023, the application form for
870 motor vehicle registration and renewal of registration must
871 include language permitting a voluntary contribution of $1 per
872 applicant to aid research in Alzheimer’s disease or related
873 forms of dementia. Contributions made pursuant to this paragraph
874 shall be distributed to the Alzheimer’s Association, Inc., for
875 the purpose of such research conducted within the state.
876
877 For the purpose of applying the service charge provided in s.
878 215.20, contributions received under this subsection are not
879 income of a revenue nature.
880 (19) A personal delivery device and a mobile carrier as
881 defined in s. 316.003 are is not required to satisfy the
882 registration and insurance requirements of this section.
883 Section 21. Paragraph (b) of subsection (1) and paragraph
884 (a) of subsection (3) of section 320.06, Florida Statutes, are
885 amended to read:
886 320.06 Registration certificates, license plates, and
887 validation stickers generally.—
888 (1)
889 (b)1. Registration license plates bearing a graphic symbol
890 and the alphanumeric system of identification shall be issued
891 for a 10-year period. At the end of the 10-year period, upon
892 renewal, the plate shall be replaced. The department shall
893 extend the scheduled license plate replacement date from a 6
894 year period to a 10-year period. The fee for such replacement is
895 $28, $2.80 of which shall be paid each year before the plate is
896 replaced, to be credited toward the next $28 replacement fee.
897 The fees shall be deposited into the Highway Safety Operating
898 Trust Fund. A credit or refund may not be given for any prior
899 years’ payments of the prorated replacement fee if the plate is
900 replaced or surrendered before the end of the 10-year period,
901 except that a credit may be given if a registrant is required by
902 the department to replace a license plate under s.
903 320.08056(8)(a). With each license plate, a validation sticker
904 shall be issued showing the owner’s birth month, license plate
905 number, and the year of expiration or the appropriate renewal
906 period if the owner is not a natural person. The validation
907 sticker shall be placed on the upper right corner of the license
908 plate. The license plate and validation sticker shall be issued
909 based on the applicant’s appropriate renewal period. The
910 registration period is 12 months, the extended registration
911 period is 24 months, and all expirations occur based on the
912 applicant’s appropriate registration period.
913 2. Before October 1, 2019, a vehicle that has an
914 apportioned registration shall be issued an annual license plate
915 and a cab card denoting that denote the declared gross vehicle
916 weight for each apportioned jurisdiction in which the vehicle is
917 authorized to operate.
918 3. Beginning October 1, 2019, a vehicle registered in
919 accordance with the International Registration Plan shall be
920 issued a license plate for a 5-year period, an annual cab card
921 denoting the declared gross vehicle weight, and an annual
922 validation sticker showing the month and year of expiration. The
923 validation sticker shall be placed in the center of the license
924 plate. The license plate and validation sticker shall be issued
925 based on the applicant’s appropriate renewal period. The fee for
926 the initial validation sticker and any renewed validation
927 sticker is $28. This fee shall be deposited into the Highway
928 Safety Operating Trust Fund. A damaged or worn license plate may
929 be replaced at no charge by applying to the department and
930 surrendering the current license plate.
931 4.2. In order to retain the efficient administration of the
932 taxes and fees imposed by this chapter, the 80-cent fee increase
933 in the replacement fee imposed by chapter 2009-71, Laws of
934 Florida, is negated as provided in s. 320.0804.
935 (3)(a) Registration license plates must be made of metal
936 specially treated with a retroreflection material, as specified
937 by the department. The registration license plate is designed to
938 increase nighttime visibility and legibility and must be at
939 least 6 inches wide and not less than 12 inches in length,
940 unless a plate with reduced dimensions is deemed necessary by
941 the department to accommodate motorcycles, mopeds, or similar
942 smaller vehicles. Validation stickers must also be treated with
943 a retroreflection material, must be of such size as specified by
944 the department, and must adhere to the license plate. The
945 registration license plate must be imprinted with a combination
946 of bold letters and numerals or numerals, not to exceed seven
947 digits, to identify the registration license plate number. The
948 license plate must be imprinted with the word “Florida” at the
949 top and the name of the county in which it is sold, the state
950 motto, or the words “Sunshine State” at the bottom. Apportioned
951 license plates must have the word “Apportioned” at the bottom
952 and license plates issued for vehicles taxed under s.
953 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
954 the word “Restricted” at the bottom. License plates issued for
955 vehicles taxed under s. 320.08(12) must be imprinted with the
956 word “Florida” at the top and the word “Dealer” at the bottom
957 unless the license plate is a specialty license plate as
958 authorized in s. 320.08056. Manufacturer license plates issued
959 for vehicles taxed under s. 320.08(12) must be imprinted with
960 the word “Florida” at the top and the word “Manufacturer” at the
961 bottom. License plates issued for vehicles taxed under s.
962 320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at
963 the bottom. Any county may, upon majority vote of the county
964 commission, elect to have the county name removed from the
965 license plates sold in that county. The state motto or the words
966 “Sunshine State” shall be printed in lieu thereof. A license
967 plate issued for a vehicle taxed under s. 320.08(6) may not be
968 assigned a registration license number, or be issued with any
969 other distinctive character or designation, that distinguishes
970 the motor vehicle as a for-hire motor vehicle.
971 Section 22. Section 320.0605, Florida Statutes, is amended
972 to read:
973 320.0605 Certificate of registration; possession required;
974 exception.—
975 (1)(a) The registration certificate or an official copy
976 thereof, including an electronic copy in a format authorized by
977 the department, a true copy or an electronic copy of rental or
978 lease documentation issued for a motor vehicle or issued for a
979 replacement vehicle in the same registration period, a temporary
980 receipt printed upon self-initiated electronic renewal of a
981 registration via the Internet, or a cab card issued for a
982 vehicle registered under the International Registration Plan
983 shall, at all times while the vehicle is being used or operated
984 on the roads of this state, be in the possession of the operator
985 thereof or be carried in the vehicle for which issued and shall
986 be exhibited upon demand of any authorized law enforcement
987 officer or any agent of the department, except for a vehicle
988 registered under s. 320.0657. The provisions of This section
989 does do not apply during the first 30 days after purchase of a
990 replacement vehicle. A violation of this section is a
991 noncriminal traffic infraction, punishable as a nonmoving
992 violation as provided in chapter 318.
993 (b)1. The act of presenting to a law enforcement officer or
994 agent of the department an electronic device displaying an
995 electronic copy of the registration certificate or the rental or
996 lease documentation does not constitute consent for the officer
997 or agent to access any information on the device other than the
998 displayed registration certificate or rental or lease
999 documentation.
1000 2. The person who presents the device to the officer or
1001 agent assumes the liability for any resulting damage to the
1002 device.
1003 (2) Rental or lease documentation that is sufficient to
1004 satisfy the requirement in subsection (1) includes the
1005 following:
1006 (a) Date of rental and time of exit from rental facility;
1007 (b) Rental station identification;
1008 (c) Rental agreement number;
1009 (d) Rental vehicle identification number;
1010 (e) Rental vehicle license plate number and state of
1011 registration;
1012 (f) Vehicle’s make, model, and color;
1013 (g) Vehicle’s mileage; and
1014 (h) Authorized renter’s name.
1015 Section 23. Subsection (5) of section 320.0607, Florida
1016 Statutes, is amended to read:
1017 320.0607 Replacement license plates, validation decal, or
1018 mobile home sticker.—
1019 (5) Upon the issuance of an original license plate, the
1020 applicant shall pay a fee of $28 to be deposited in the Highway
1021 Safety Operating Trust Fund. Beginning October 1, 2019, this
1022 subsection does not apply to a vehicle registered under the
1023 International Registration Plan.
1024 Section 24. Paragraph (b) of subsection (2) of section
1025 320.0657, Florida Statutes, is amended to read:
1026 320.0657 Permanent registration; fleet license plates.—
1027 (2)
1028 (b) The plates, which shall be of a distinctive color,
1029 shall have the word “Fleet” appearing at the bottom and the word
1030 “Florida” appearing at the top unless the license plate is a
1031 specialty license plate as authorized in s. 320.08056. The
1032 plates shall conform in all respects to the provisions of this
1033 chapter, except as specified herein. For additional fees as set
1034 forth in s. 320.08056, fleet companies may purchase specialty
1035 license plates in lieu of the standard fleet license plates.
1036 Fleet companies shall be responsible for all costs associated
1037 with the specialty license plate, including all annual use fees,
1038 processing fees, fees associated with switching license plate
1039 types, and any other applicable fees.
1040 Section 25. Subsection (12) of section 320.08, Florida
1041 Statutes, is amended to read:
1042 320.08 License taxes.—Except as otherwise provided herein,
1043 there are hereby levied and imposed annual license taxes for the
1044 operation of motor vehicles, mopeds, motorized bicycles as
1045 defined in s. 316.003(3), tri-vehicles as defined in s. 316.003,
1046 and mobile homes as defined in s. 320.01, which shall be paid to
1047 and collected by the department or its agent upon the
1048 registration or renewal of registration of the following:
1049 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
1050 motor vehicle dealer, independent motor vehicle dealer, marine
1051 boat trailer dealer, or mobile home dealer and manufacturer
1052 license plate: $17 flat, of which $4.50 shall be deposited into
1053 the General Revenue Fund. For additional fees as set forth in s.
1054 320.08056, dealers may purchase specialty license plates in lieu
1055 of the standard graphic dealer license plates. Dealers shall be
1056 responsible for all costs associated with the specialty license
1057 plate, including all annual use fees, processing fees, fees
1058 associated with switching license plate types, and any other
1059 applicable fees.
1060 Section 26. Section 320.08053, Florida Statutes, is amended
1061 to read:
1062 320.08053 Establishment of Requirements for requests to
1063 establish specialty license plates.—
1064 (1) If a specialty license plate requested by an
1065 organization is approved by law, the organization must submit
1066 the proposed art design for the specialty license plate to the
1067 department, in a medium prescribed by the department, as soon as
1068 practicable, but no later than 60 days after the act approving
1069 the specialty license plate becomes a law.
1070 (2)(a) Within 120 days after following the specialty
1071 license plate becomes becoming law, the department shall
1072 establish a method to issue a specialty license plate voucher to
1073 allow for the presale of the specialty license plate. The
1074 processing fee as prescribed in s. 320.08056, the service charge
1075 and branch fee as prescribed in s. 320.04, and the annual use
1076 fee as prescribed in s. 320.08056 shall be charged for the
1077 voucher. All other applicable fees shall be charged at the time
1078 of issuance of the license plates.
1079 (b) Within 24 months after the presale specialty license
1080 plate voucher is established, the approved specialty license
1081 plate organization must record with the department a minimum of
1082 3,000 1,000 voucher sales, or in the case of an out-of-state
1083 college or university license plate, 4,000 voucher sales, before
1084 manufacture of the license plate may begin commence. If, at the
1085 conclusion of the 24-month presale period, the minimum sales
1086 requirement has requirements have not been met, the specialty
1087 plate is deauthorized and the department shall discontinue
1088 development of the plate and discontinue issuance of the presale
1089 vouchers. Upon deauthorization of the license plate, a purchaser
1090 of the license plate voucher may use the annual use fee
1091 collected as a credit towards any other specialty license plate
1092 or apply for a refund on a form prescribed by the department.
1093 (3)(a) New specialty license plates that have been approved
1094 by law but are awaiting issuance under paragraph (b) shall be
1095 issued in the order they appear in s. 320.08056(4) provided that
1096 they have met the presale requirement. All other provisions of
1097 this section must also be met before a plate is issued. If the
1098 next awaiting specialty license plate has not met the presale
1099 requirement, the department shall proceed in the order provided
1100 in s. 320.08056(4) to identify the next qualified specialty
1101 license plate that has met the presale requirement. The
1102 department shall cycle through the list in statutory order.
1103 (b) If the Legislature has approved 125 or more specialty
1104 license plates, the department may not make any new specialty
1105 license plates available for design or issuance until a
1106 sufficient number of plates are discontinued pursuant to s.
1107 320.08056(8) such that the number of plates being issued does
1108 not exceed 125. Notwithstanding s. 320.08056(8)(a), the 125
1109 license-plate limit includes license plates above the minimum
1110 sales threshold and those exempt from that threshold.
1111 Section 27. Subsection (2) of section 320.08056, Florida
1112 Statutes, is amended, present paragraphs (ff) through (ddd),
1113 (fff) through (ppp), and (sss) through (eeee) of subsection (4)
1114 are redesignated as paragraphs (ee) through (ccc), (ddd) through
1115 (nnn), and (ooo) through (aaaa), respectively, present
1116 paragraphs (ee), (eee), (qqq), and (rrr) of that subsection are
1117 amended, new paragraphs (bbbb) through (eeee) and paragraphs
1118 (ffff) through (oooo) are added to that subsection, paragraphs
1119 (c) through (f) are added to subsection (8), paragraph (a) of
1120 subsection (10) and subsection (11) are amended, and present
1121 subsection (12) is renumbered as subsection (13) and a new
1122 subsection (12) is added to that section, to read:
1123 320.08056 Specialty license plates.—
1124 (2)(a) The department shall issue a specialty license plate
1125 to the owner or lessee of any motor vehicle, except a vehicle
1126 registered under the International Registration Plan, a
1127 commercial truck required to display two license plates pursuant
1128 to s. 320.0706, or a truck tractor, upon request and payment of
1129 the appropriate license tax and fees.
1130 (b) The department may authorize dealer and fleet specialty
1131 license plates. With the permission of the sponsoring specialty
1132 license plate organization, a dealer or fleet company may
1133 purchase specialty license plates to be used on dealer and fleet
1134 vehicles.
1135 (c) Notwithstanding s. 320.08058, a dealer or fleet
1136 specialty license plate must include the letters “DLR” or “FLT”
1137 on the right side of the license plate. Dealer and fleet
1138 specialty license plates must be ordered directly through the
1139 department.
1140 (4) The following license plate annual use fees shall be
1141 collected for the appropriate specialty license plates:
1142 (ee) American Red Cross license plate, $25.
1143 (eee) Donate Organs-Pass It On license plate, $25.
1144 (qqq) St. Johns River license plate, $25.
1145 (rrr) Hispanic Achievers license plate, $25.
1146 (bbbb) Beat Childhood Cancer license plate, $25.
1147 (cccc) Auburn University license plate, $50.
1148 (dddd) Donate Life Florida license plate, $25.
1149 (eeee) Florida State Beekeepers Association license plate,
1150 $25.
1151 (ffff) Rotary license plate, $25.
1152 (gggg) Florida Bay Forever license plate, $25.
1153 (hhhh) Bonefish and Tarpon Trust license plate, $25.
1154 (iiii) Medical Professionals Who Care license plate, $25.
1155 (jjjj) University of Georgia license plate, $50.
1156 (kkkk) Highwaymen license plate, $25.
1157 (llll) Ducks Unlimited license plate, $25.
1158 (mmmm) Dan Marino Campus license plate, $25.
1159 (nnnn) University of Alabama license plate, $50.
1160 (oooo) Orlando City Soccer Club license plate, $25.
1161 (8)
1162 (c) A vehicle owner or lessee issued a specialty license
1163 plate that has been discontinued by the department may keep the
1164 discontinued specialty license plate for the remainder of the
1165 10-year license plate replacement period and must pay all other
1166 applicable registration fees. However, such owner or lessee is
1167 exempt from paying the applicable specialty license plate fee
1168 under subsection (4) for the remainder of the 10-year license
1169 plate replacement period.
1170 (d) If the department discontinues issuance of a specialty
1171 license plate, all annual use fees held or collected by the
1172 department shall be distributed within 180 days after the date
1173 the specialty license plate is discontinued. Of those fees, the
1174 department shall retain an amount sufficient to defray the
1175 applicable administrative and inventory closeout costs
1176 associated with discontinuance of the plate. The remaining funds
1177 shall be distributed to the appropriate organization or
1178 organizations pursuant to s. 320.08058.
1179 (e) If an organization that is the intended recipient of
1180 the funds pursuant to s. 320.08058 no longer exists, the
1181 department shall deposit any undisbursed funds into the Highway
1182 Safety Operating Trust Fund.
1183 (f) Notwithstanding paragraph (a), on January 1 of each
1184 year, the department shall discontinue the specialty license
1185 plate with the fewest number of plates in circulation, including
1186 license plates exempt from a statutory sales requirement. A
1187 warning letter shall be mailed to the sponsoring organizations
1188 of the 10 percent of specialty license plates with the lowest
1189 number of valid, active registrations as of December 1 of each
1190 year.
1191 (10)(a) A specialty license plate annual use fee collected
1192 and distributed under this chapter, or any interest earned from
1193 those fees, may not be used for commercial or for-profit
1194 activities nor for general or administrative expenses, except as
1195 authorized by s. 320.08058 or to pay the cost of the audit or
1196 report required by s. 320.08062(1). The fees and any interest
1197 earned from the fees may be expended only for use in this state
1198 unless the annual use fee is derived from the sale of United
1199 States Armed Forces and veterans-related specialty license
1200 plates pursuant to paragraphs (4)(d), (bb), (kk), (iii), and
1201 (uuu) (ll), (kkk), and (yyy) and s. 320.0891 or out-of-state
1202 college or university license plates pursuant to paragraphs
1203 (4)(cccc), (jjjj), and (nnnn).
1204 (11) The annual use fee from the sale of specialty license
1205 plates, the interest earned from those fees, or any fees
1206 received by any entity an agency as a result of the sale of
1207 specialty license plates may not be used for the purpose of
1208 marketing to, or lobbying, entertaining, or rewarding, an
1209 employee of a governmental agency that is responsible for the
1210 sale and distribution of specialty license plates, or an elected
1211 member or employee of the Legislature.
1212 (12) For out-of-state college or university license plates
1213 created pursuant to this section, the recipient organization
1214 shall:
1215 (a) Have established an endowment, based in this state, for
1216 the purpose of providing scholarships to Florida residents
1217 meeting the requirements of this chapter.
1218 (b) Provide documentation to the department that the
1219 organization and the department have the college’s or
1220 university’s consent to use an appropriate image on a license
1221 plate.
1222 Section 28. Effective October 1, 2021, paragraph (a) of
1223 subsection (8) of section 320.08056, Florida Statutes, is
1224 amended to read:
1225 320.08056 Specialty license plates.—
1226 (8)(a) The department must discontinue the issuance of an
1227 approved specialty license plate if the number of valid
1228 specialty plate registrations falls below 3,000, or in the case
1229 of an out-of-state college or university license plate, 4,000,
1230 1,000 plates for at least 12 consecutive months. A warning
1231 letter shall be mailed to the sponsoring organization following
1232 the first month in which the total number of valid specialty
1233 plate registrations is below 3,000, or in the case of an out-of
1234 state college or university license plate, 4,000 1,000 plates.
1235 This paragraph does not apply to in-state collegiate license
1236 plates established under s. 320.08058(3), license plates of
1237 institutions in and entities of the State University System,
1238 specialty license plates that have statutory eligibility
1239 limitations for purchase, specialty license plates for which
1240 annual use fees are distributed by a foundation for student and
1241 teacher leadership programs and teacher recruitment and
1242 retention, or Florida Professional Sports Team license plates
1243 established under s. 320.08058(9).
1244 Section 29. Present subsections (32) through (56), (58)
1245 through (68), and (71) through (83) of section 320.08058,
1246 Florida Statutes, are renumbered as subsections (31) through
1247 (55), (56) through (66), and (67) through (79), respectively,
1248 paragraph (a) of subsection (3), paragraph (a) of subsection
1249 (7), paragraph (b) of subsection (11), present subsections (31),
1250 (48), (57), (65), (66), (69), and (70), and paragraph (b) of
1251 present subsection (80) are amended, and new subsections (80)
1252 through (83) and subsections (84) through (93) are added to that
1253 section, to read:
1254 320.08058 Specialty license plates.—
1255 (3) COLLEGIATE LICENSE PLATES.—
1256 (a) The department shall develop a collegiate license plate
1257 as provided in this section for state and independent
1258 universities domiciled in this state. However, any collegiate
1259 license plate created or established after October 1, 2002, must
1260 comply with the requirements of s. 320.08053 and be specifically
1261 authorized by an act of the Legislature. Collegiate license
1262 plates must bear the colors and design approved by the
1263 department as appropriate for each state and independent
1264 university. The word “Florida” must be stamped across the bottom
1265 of the plate in small letters. The department may consult with
1266 the University of Central Florida for the purpose of having the
1267 words “2017 Undefeated Champions” stamped on the University of
1268 Central Florida specialty license plate.
1269 (7) SPECIAL OLYMPICS FLORIDA LICENSE PLATES.—
1270 (a) Special Olympics Florida license plates must contain
1271 the official Special Olympics Florida logo and must bear the
1272 colors and a design and colors that are approved by the
1273 department. The word “Florida” must be centered at the top
1274 bottom of the plate, and the words “Be a Fan” “Everyone Wins”
1275 must be centered at the bottom top of the plate.
1276 (11) INVEST IN CHILDREN LICENSE PLATES.—
1277 (b) The proceeds of the Invest in Children license plate
1278 annual use fee must be deposited into the Juvenile Crime
1279 Prevention and Early Intervention Trust Fund within the
1280 Department of Juvenile Justice. Based on the recommendations of
1281 the juvenile justice councils, the Department of Juvenile
1282 Justice shall use the proceeds of the fee to fund programs and
1283 services that are designed to prevent juvenile delinquency. The
1284 department shall allocate moneys for programs and services
1285 within each county based on that county’s proportionate share of
1286 the license plate annual use fee collected by the county.
1287 (31) AMERICAN RED CROSS LICENSE PLATES.—
1288 (a) Notwithstanding the provisions of s. 320.08053, the
1289 department shall develop an American Red Cross license plate as
1290 provided in this section. The word “Florida” must appear at the
1291 top of the plate, and the words “American Red Cross” must appear
1292 at the bottom of the plate.
1293 (b) The department shall retain all revenues from the sale
1294 of such plates until all startup costs for developing and
1295 issuing the plates have been recovered. Thereafter, 50 percent
1296 of the annual use fees shall be distributed to the American Red
1297 Cross Chapter of Central Florida, with statistics on sales of
1298 license plates, which are tabulated by county. The American Red
1299 Cross Chapter of Central Florida must distribute to each of the
1300 chapters in this state the moneys received from sales in the
1301 counties covered by the respective chapters, which moneys must
1302 be used for education and disaster relief in Florida. Fifty
1303 percent of the annual use fees shall be distributed
1304 proportionately to the three statewide approved poison control
1305 centers for purposes of combating bioterrorism and other poison
1306 related purposes.
1307 (47)(48) LIVE THE DREAM LICENSE PLATES.—
1308 (a) The department shall develop a Live the Dream license
1309 plate as provided in this section. Live the Dream license plates
1310 must bear the colors and design approved by the department. The
1311 word “Florida” must appear at the top of the plate, and the
1312 words “Live the Dream” must appear at the bottom of the plate.
1313 (b) The proceeds of the annual use fee shall be distributed
1314 to the Dream Foundation, Inc., to The Dream Foundation, Inc.,
1315 shall retain the first $60,000 in proceeds from the annual use
1316 fees as reimbursement for administrative costs, startup costs,
1317 and costs incurred in the approval process. Thereafter, up to 25
1318 percent shall be used for continuing promotion and marketing of
1319 the license plate and concept. The remaining funds shall be used
1320 in the following manner:
1321 1. Up to 5 percent may be used to administer, promote, and
1322 market the license plate.
1323 2.1. At least 30 Twenty-five percent shall be distributed
1324 equally among the sickle cell organizations that are Florida
1325 members of the Sickle Cell Disease Association of America, Inc.,
1326 for programs that provide research, care, and treatment for
1327 sickle cell disease.
1328 3.2. At least 30 Twenty-five percent shall be distributed
1329 to the Florida chapter of the March of Dimes for programs and
1330 services that improve the health of babies through the
1331 prevention of birth defects and infant mortality.
1332 4.3. At least 15 Ten percent shall be distributed to the
1333 Florida Association of Healthy Start Coalitions to decrease
1334 racial disparity in infant mortality and to increase healthy
1335 birth outcomes. Funding will be used by local Healthy Start
1336 Coalitions to provide services and increase screening rates for
1337 high-risk pregnant women, children under 4 years of age, and
1338 women of childbearing age.
1339 5.4. At least 15 Ten percent shall be distributed to
1340 Chapman the Community Partnership for Homeless, Inc., for
1341 programs that provide relief from poverty, hunger, and
1342 homelessness.
1343 6. Up to 5 percent may be distributed by the department on
1344 behalf of The Dream Foundation, Inc., to The Martin Luther King,
1345 Jr. Center for Nonviolent Social Change, Inc., as a royalty for
1346 the use of the image of Dr. Martin Luther King, Jr.
1347 5. Five percent of the proceeds shall be used by the
1348 foundation for administrative costs directly associated with
1349 operations as they relate to the management and distribution of
1350 the proceeds.
1351 (57) DONATE ORGANS-PASS IT ON LICENSE PLATES.—
1352 (a) The department shall develop a Donate Organs-Pass It On
1353 license plate as provided in this section. The word “Florida”
1354 must appear at the top of the plate, and the words “Donate
1355 Organs-Pass It On” must appear at the bottom of the plate.
1356 (b) The annual use fees shall be distributed to Transplant
1357 Foundation, Inc., and shall use up to 10 percent of the proceeds
1358 from the annual use fee for marketing and administrative costs
1359 that are directly associated with the management and
1360 distribution of the proceeds. The remaining proceeds shall be
1361 used to provide statewide grants for patient services, including
1362 preoperative, rehabilitative, and housing assistance; organ
1363 donor education and awareness programs; and statewide medical
1364 research.
1365 (63)(65) LIGHTHOUSE ASSOCIATION LICENSE PLATES.—
1366 (a) The department shall develop a Lighthouse Association
1367 license plate as provided in this section. The word “Florida”
1368 must appear at the top of the plate, and the words
1369 “SaveOurLighthouses.org Visit Our Lights” must appear at the
1370 bottom of the plate.
1371 (b) The annual use fees shall be distributed to the Florida
1372 Lighthouse Association, Inc., which may use a maximum of 10
1373 percent of the proceeds to promote and market the plates. The
1374 remaining proceeds shall be used by the association to fund the
1375 preservation, restoration, and protection of the 29 historic
1376 lighthouses remaining in the state.
1377 (64)(66) IN GOD WE TRUST LICENSE PLATES.—
1378 (a) The department shall develop an In God We Trust license
1379 plate as provided in this section. However, the requirements of
1380 s. 320.08053 must be met before the plates are issued. In God We
1381 Trust license plates must bear the colors and design approved by
1382 the department. The word “Florida” must appear at the top of the
1383 plate, and the words “In God We Trust” must appear in the body
1384 of the plate.
1385 (b) The license plate annual use fees shall be distributed
1386 to the In God We Trust Foundation, Inc., which may use a maximum
1387 of 10 percent of the proceeds to offset marketing,
1388 administration, and promotion; the balance of the fees to
1389 address the needs of the military community; the needs of the
1390 public safety community; provide educational grants and
1391 scholarships to foster self-reliance and stability in Florida’s
1392 children; and provide education in public and private schools
1393 regarding the historical significance of religion in American
1394 and Florida history to fund educational scholarships for the
1395 children of Florida residents who are members of the United
1396 States Armed Forces, the National Guard, and the United States
1397 Armed Forces Reserve and for the children of public safety
1398 employees who have died in the line of duty who are not covered
1399 by existing state law. Funds shall also be distributed to other
1400 s. 501(c)(3) organizations that may apply for grants and
1401 scholarships and to provide educational grants to public and
1402 private schools to promote the historical and religious
1403 significance of American and Florida history. The In God We
1404 Trust Foundation, Inc., shall distribute the license plate
1405 annual use fees in the following manner:
1406 1. The In God We Trust Foundation, Inc., shall retain all
1407 revenues from the sale of such plates until all startup costs
1408 for developing and establishing the plate have been recovered.
1409 2. Ten percent of the funds received by the In God We Trust
1410 Foundation, Inc., shall be expended for administrative costs,
1411 promotion, and marketing of the license plate directly
1412 associated with the operations of the In God We Trust
1413 Foundation, Inc.
1414 3. All remaining funds shall be expended by the In God We
1415 Trust Foundation, Inc., for programs.
1416 (69) ST. JOHNS RIVER LICENSE PLATES.—
1417 (a) The department shall develop a St. Johns River license
1418 plate as provided in this section. The St. Johns River license
1419 plates must bear the colors and design approved by the
1420 department. The word “Florida” must appear at the top of the
1421 plate, and the words “St. Johns River” must appear at the bottom
1422 of the plate.
1423 (b) The requirements of s. 320.08053 must be met prior to
1424 the issuance of the plate. Thereafter, the license plate annual
1425 use fees shall be distributed to the St. Johns River Alliance,
1426 Inc., a s. 501(c)(3) nonprofit organization, which shall
1427 administer the fees as follows:
1428 1. The St. Johns River Alliance, Inc., shall retain the
1429 first $60,000 of the annual use fees as direct reimbursement for
1430 administrative costs, startup costs, and costs incurred in the
1431 development and approval process. Thereafter, up to 10 percent
1432 of the annual use fee revenue may be used for administrative
1433 costs directly associated with education programs, conservation,
1434 research, and grant administration of the organization, and up
1435 to 10 percent may be used for promotion and marketing of the
1436 specialty license plate.
1437 2. At least 30 percent of the fees shall be available for
1438 competitive grants for targeted community-based or county-based
1439 research or projects for which state funding is limited or not
1440 currently available. The remaining 50 percent shall be directed
1441 toward community outreach and access programs. The competitive
1442 grants shall be administered and approved by the board of
1443 directors of the St. Johns River Alliance, Inc. A grant advisory
1444 committee shall be composed of six members chosen by the St.
1445 Johns River Alliance board members.
1446 3. Any remaining funds shall be distributed with the
1447 approval of and accountability to the board of directors of the
1448 St. Johns River Alliance, Inc., and shall be used to support
1449 activities contributing to education, outreach, and springs
1450 conservation.
1451 (70) HISPANIC ACHIEVERS LICENSE PLATES.—
1452 (a) Notwithstanding the requirements of s. 320.08053, the
1453 department shall develop a Hispanic Achievers license plate as
1454 provided in this section. The plate must bear the colors and
1455 design approved by the department. The word “Florida” must
1456 appear at the top of the plate, and the words “Hispanic
1457 Achievers” must appear at the bottom of the plate.
1458 (b) The proceeds from the license plate annual use fee
1459 shall be distributed to National Hispanic Corporate Achievers,
1460 Inc., a nonprofit corporation under s. 501(c)(3) of the Internal
1461 Revenue Code, to fund grants to nonprofit organizations to
1462 operate programs and provide scholarships and for marketing the
1463 Hispanic Achievers license plate. National Hispanic Corporate
1464 Achievers, Inc., shall establish a Hispanic Achievers Grant
1465 Council that shall provide recommendations for statewide grants
1466 from available Hispanic Achievers license plate proceeds to
1467 nonprofit organizations for programs and scholarships for
1468 Hispanic and minority Floridians. National Hispanic Corporate
1469 Achievers, Inc., shall also establish a Hispanic Achievers
1470 License Plate Fund. Moneys in the fund shall be used by the
1471 grant council as provided in this paragraph. All funds received
1472 under this subsection must be used in this state.
1473 (c) National Hispanic Corporate Achievers, Inc., may retain
1474 all proceeds from the annual use fee until documented startup
1475 costs for developing and establishing the plate have been
1476 recovered. Thereafter, the proceeds from the annual use fee
1477 shall be used as follows:
1478 1. Up to 5 percent of the proceeds may be used for the cost
1479 of administration of the Hispanic Achievers License Plate Fund,
1480 the Hispanic Achievers Grant Council, and related matters.
1481 2. Funds may be used as necessary for annual audit or
1482 compliance affidavit costs.
1483 3. Up to 20 percent of the proceeds may be used to market
1484 and promote the Hispanic Achievers license plate.
1485 4. Twenty-five percent of the proceeds shall be used by the
1486 Hispanic Corporate Achievers, Inc., located in Seminole County,
1487 for grants.
1488 5. The remaining proceeds shall be available to the
1489 Hispanic Achievers Grant Council to award grants for services,
1490 programs, or scholarships for Hispanic and minority individuals
1491 and organizations throughout Florida. All grant recipients must
1492 provide to the Hispanic Achievers Grant Council an annual
1493 program and financial report regarding the use of grant funds.
1494 Such reports must be available to the public.
1495 (d) Effective July 1, 2014, the Hispanic Achievers license
1496 plate will shift into the presale voucher phase, as provided in
1497 s. 320.08053(2)(b). National Hispanic Corporate Achievers, Inc.,
1498 shall have 24 months to record a minimum of 1,000 sales. Sales
1499 include existing active plates and vouchers sold subsequent to
1500 July 1, 2014. During the voucher period, new plates may not be
1501 issued, but existing plates may be renewed. If, at the
1502 conclusion of the 24-month presale period, the requirement of a
1503 minimum of 1,000 sales has been met, the department shall resume
1504 normal distribution of the Hispanic Achievers license plate. If,
1505 after 24 months, the minimum of 1,000 sales has not been met,
1506 the department shall discontinue the Hispanic Achievers license
1507 plate. This subsection is repealed June 30, 2016.
1508 (76)(80) FALLEN LAW ENFORCEMENT OFFICERS LICENSE PLATES.—
1509 (b) The annual use fees shall be distributed to the Police
1510 and Kids Foundation, Inc., which may use up to a maximum of 10
1511 percent of the proceeds for marketing to promote and market the
1512 plate. All remaining The remainder of the proceeds shall be
1513 distributed to and used by the Police and Kids Foundation, Inc.,
1514 for its operations, activities, programs, and projects to invest
1515 and reinvest, and the interest earnings shall be used for the
1516 operation of the Police and Kids Foundation, Inc.
1517 (80) BEAT CHILDHOOD CANCER LICENSE PLATES.—
1518 (a) The department shall develop a Beat Childhood Cancer
1519 license plate as provided in this section and s. 320.08053. The
1520 plate must bear the colors and design approved by the
1521 department. The word “Florida” must appear at the top of the
1522 plate, and the words “Beat Childhood Cancer” must appear at the
1523 bottom of the plate.
1524 (b) The annual use fees from the sale of the plate shall be
1525 distributed as follows:
1526 1. Eighty percent shall be distributed to Beat Nb, Inc.,
1527 which may use up to 10 percent of the proceeds for
1528 administrative costs directly associated with the operation of
1529 the corporation and for marketing and promoting the plate. The
1530 remaining proceeds shall be used by the corporation to fund
1531 pediatric cancer treatment and research.
1532 2. Twenty percent shall be distributed to No Kid Should
1533 Know Cancer, Inc., a nonprofit corporation under s. 501(c)(3) of
1534 the Internal Revenue Code, which may use up to 5 percent of the
1535 proceeds for administrative costs and for the marketing of the
1536 plate. The balance of the fees shall be used by No Kid Should
1537 Know Cancer, Inc., to:
1538 a. Support families who have a child recently diagnosed
1539 with cancer;
1540 b. Hold events that raise awareness about childhood cancer;
1541 and
1542 c. Support clinical trials that work to provide better
1543 treatment plans for children diagnosed with cancer and,
1544 ultimately, a better prognosis.
1545 3. All fees distributed from the sale of this plate must be
1546 spent for the designated purposes within the State of Florida.
1547 (81) AUBURN UNIVERSITY LICENSE PLATES.—
1548 (a) The department shall develop an Auburn University
1549 license plate as provided in this section and s. 320.08053. The
1550 plate must bear the colors and design approved by the
1551 department. The word “Florida” must appear at the top of the
1552 plate, and the words “War Eagle” must appear at the bottom of
1553 the plate.
1554 (b) The annual use fees from the sale of the plate shall be
1555 distributed to the Tampa Bay Auburn Club, which must use the
1556 moneys for the purpose of awarding scholarships to Florida
1557 residents attending Auburn University. Students receiving these
1558 scholarships must be eligible for the Florida Bright Futures
1559 Scholarship Program pursuant to s. 1009.531 and shall use the
1560 scholarship funds for tuition and other expenses related to
1561 attending Auburn University.
1562 (82) DONATE LIFE FLORIDA LICENSE PLATES.—
1563 (a) The department shall develop a Donate Life Florida
1564 license plate as provided in this section and s. 320.08053. The
1565 plate must bear the colors and design approved by the
1566 department. The word “Florida” must appear at the top of the
1567 plate, and the words “Donors Save Lives” must appear at the
1568 bottom of the plate.
1569 (b) The annual use fees from the sale of the plate shall be
1570 distributed to Donate Life Florida, which may use up to 10
1571 percent of the proceeds for marketing and administrative costs.
1572 The remaining proceeds of the annual use fees shall be used by
1573 Donate Life Florida to educate Florida residents on the
1574 importance of organ, tissue, and eye donation and for the
1575 continued maintenance of the Joshua Abbott Organ and Tissue
1576 Donor Registry.
1577 (83) FLORIDA STATE BEEKEEPERS ASSOCIATION LICENSE PLATES.—
1578 (a) The department shall develop a Florida State Beekeepers
1579 Association license plate as provided in this section and s.
1580 320.08053. The plate must bear the colors and design approved by
1581 the department. The word “Florida” must appear at the top of the
1582 plate, and the words “Save the Bees” must appear at the bottom
1583 of the plate.
1584 (b) The annual use fees shall be distributed to the Florida
1585 State Beekeepers Association, a Florida nonprofit corporation.
1586 The Florida State Beekeepers Association may use up to 10
1587 percent of the annual use fees for administrative, promotional,
1588 and marketing costs of the license plate.
1589 (c) The remaining funds shall be distributed to the Florida
1590 State Beekeepers Association and shall be used to raise
1591 awareness of the importance of beekeeping to Florida agriculture
1592 by funding honeybee research, education, outreach, and
1593 husbandry. The Florida State Beekeepers Association board of
1594 managers must approve and is accountable for all such
1595 expenditures.
1596 (84) ROTARY LICENSE PLATES.—
1597 (a) The department shall develop a Rotary license plate as
1598 provided in this section and s. 320.08053. The plate must bear
1599 the colors and design approved by the department. The word
1600 “Florida” must appear at the top of the plate, and the word
1601 “Rotary” must appear on the bottom of the plate. The license
1602 plate must bear the Rotary International wheel emblem.
1603 (b) The annual use fees shall be distributed to the
1604 Community Foundation of Tampa Bay, Inc., to be used as follows:
1605 1. Up to 10 percent may be used for administrative costs
1606 and for marketing of the plate.
1607 2. Ten percent shall be distributed to Rotary’s Camp
1608 Florida for direct support to all programs and services provided
1609 to children with special needs who attend the camp.
1610 3. The remainder shall be distributed, proportionally based
1611 on sales, to each Rotary district in the state in support of
1612 Rotary youth programs in Florida.
1613 (85) FLORIDA BAY FOREVER LICENSE PLATES.—
1614 (a) The department shall develop a Florida Bay Forever
1615 license plate as provided in this section and s. 320.08053. The
1616 plate must bear the colors and design approved by the
1617 department. The word “Florida” must appear at the top of the
1618 plate, and the words “Florida Bay Forever” must appear at the
1619 bottom of the plate.
1620 (b) The annual use fees from the sale of the plate shall be
1621 distributed to the Florida National Park Association, Inc.,
1622 which may use up to 10 percent of the proceeds for
1623 administrative costs and marketing of the plate. The remainder
1624 of the funds shall be used to supplement the Everglades National
1625 Park’s budgets and to support educational, interpretive,
1626 historical, and scientific research relating to the Everglades
1627 National Park.
1628 (86) BONEFISH AND TARPON TRUST LICENSE PLATES.—
1629 (a) The department shall develop a Bonefish and Tarpon
1630 Trust license plate as provided in this section and s.
1631 320.08053. The plate must bear the colors and design approved by
1632 the department. The word “Florida” must appear at the top of the
1633 plate, and the words “Bonefish and Tarpon Trust” must appear at
1634 the bottom of the plate.
1635 (b) The annual use fees from the sale of the plate shall be
1636 distributed to the Bonefish and Tarpon Trust, which may use up
1637 to 10 percent of the proceeds to promote and market the license
1638 plate. The remainder of the proceeds shall be used to conserve
1639 and enhance Florida bonefish and tarpon fisheries and their
1640 respective environments through stewardship, research,
1641 education, and advocacy.
1642 (87) MEDICAL PROFESSIONALS WHO CARE LICENSE PLATES.—
1643 (a) The department shall develop a Medical Professionals
1644 Who Care license plate as provided in this section and s.
1645 320.08053. The plate must bear the colors and design approved by
1646 the department. The word “Florida” must appear at the top of the
1647 plate, and the words “Medical Professionals Who Care” must
1648 appear at the bottom of the plate.
1649 (b) The annual use fees from the sale of the plate shall be
1650 distributed to Florida Benevolent Group, Inc., a Florida
1651 nonprofit corporation, which may use up to 10 percent of such
1652 fees for administrative costs, marketing, and promotion of the
1653 plate. The remainder of the revenues shall be used by Florida
1654 Benevolent Group, Inc., to assist low-income individuals in
1655 obtaining a medical education and career through scholarships,
1656 support, and guidance.
1657 (88) UNIVERSITY OF GEORGIA LICENSE PLATES.—
1658 (a) The department shall develop a University of Georgia
1659 license plate as provided in this section and s. 320.08053. The
1660 plate must bear the colors and design approved by the
1661 department. The word “Florida” must appear at the top of the
1662 plate, and the words “The University of Georgia” must appear at
1663 the bottom of the plate.
1664 (b) The annual use fees from the sale of the plate shall be
1665 distributed to the Georgia Bulldog Club of Jacksonville, which
1666 must use the moneys for the purpose of awarding scholarships to
1667 Florida residents attending the University of Georgia. Students
1668 receiving these scholarships must be eligible for the Florida
1669 Bright Futures Scholarship Program pursuant to s. 1009.531 and
1670 shall use the scholarship funds for tuition and other expenses
1671 related to attending the University of Georgia.
1672 (89) HIGHWAYMEN LICENSE PLATES.—
1673 (a) The department shall develop a Highwaymen license plate
1674 as provided in this section and s. 320.08053. The plate must
1675 bear the colors and design approved by the department. The word
1676 “Florida” must appear at the top of the plate, and the word
1677 “Highwaymen” must appear at the bottom of the plate.
1678 (b) The annual use fees shall be distributed to the City of
1679 Fort Pierce, subject to a city resolution designating the city
1680 as the fiscal agent of the license plate. The city may use up to
1681 10 percent of the fees for administrative costs and marketing of
1682 the plate and shall use the remainder of the fees as follows:
1683 1. Before completion of construction of the Highwaymen
1684 Museum and African-American Cultural Center, the city shall
1685 distribute at least 15 percent to the St. Lucie Education
1686 Foundation, Inc., to fund art education and art projects in
1687 public schools within St. Lucie County. The remainder of the
1688 fees shall be used by the city to fund the construction of the
1689 Highwaymen Museum and African-American Cultural Center.
1690 2. Upon completion of construction of the Highwaymen Museum
1691 and African-American Cultural Center, the city shall distribute
1692 at least 10 percent to the St. Lucie Education Foundation, Inc.,
1693 to fund art education and art projects in public schools within
1694 St. Lucie County. The remainder of the fees shall be used by the
1695 city to fund the day-to-day operations of the Highwaymen Museum
1696 and African-American Cultural Center.
1697 (90) DUCKS UNLIMITED LICENSE PLATES.—
1698 (a) The department shall develop a Ducks Unlimited license
1699 plate as provided in this section and s. 320.08053. The plate
1700 must bear the colors and design approved by the department. The
1701 word “Florida” must appear at the top of the plate, and the
1702 words “Conserving Florida Wetlands” must appear at the bottom of
1703 the plate.
1704 (b) The annual use fees from the sale of the plate shall be
1705 distributed to Ducks Unlimited, Inc., a nonprofit corporation
1706 under s. 501(c)(3) of the Internal Revenue Code, to be used as
1707 follows:
1708 1. Up to 5 percent may be used for administrative costs and
1709 marketing of the plate.
1710 2. At least 95 percent shall be used in this state to
1711 support the mission and efforts of Ducks Unlimited, Inc., to
1712 conserve, restore, and manage Florida wetlands and associated
1713 habitats for the benefit of waterfowl, other wildlife, and
1714 people.
1715 (91) DAN MARINO CAMPUS LICENSE PLATES.—
1716 (a) The department shall develop a Dan Marino Campus
1717 license plate as provided in this section and s. 320.08053. The
1718 plate must bear the colors and design approved by the
1719 department. The word “Florida” must appear at the top of the
1720 plate, and the words “Marino Campus” must appear at the bottom
1721 of the plate.
1722 (b) The annual use fees from the sale of the plate shall be
1723 distributed to the Dan Marino Foundation, a Florida nonprofit
1724 corporation, which may use up to 10 percent of such fees for
1725 administrative costs and marketing of the plate. The balance of
1726 the fees shall be used by the Dan Marino Foundation to assist
1727 Floridians with developmental disabilities in becoming employed,
1728 independent, and productive and to promote and fund education
1729 scholarships and awareness of these services.
1730 (92) UNIVERSITY OF ALABAMA LICENSE PLATES.—
1731 (a) The department shall develop a University of Alabama
1732 license plate as provided in this section and s. 320.08053. The
1733 plate must bear the colors and design approved by the
1734 department. The word “Florida” must appear at the top of the
1735 plate, and the words “Roll Tide” must appear at the bottom of
1736 the plate.
1737 (b) The annual use fees from the sale of the plate shall be
1738 distributed to Pensacola Bama Club, which must use the moneys
1739 for the purpose of awarding scholarships to Florida residents
1740 attending the University of Alabama. Students receiving these
1741 scholarships must be eligible for the Florida Bright Futures
1742 Scholarship Program pursuant to s. 1009.531 and shall use the
1743 scholarship funds for tuition and other expenses related to
1744 attending the University of Alabama.
1745 (93) ORLANDO CITY SOCCER CLUB LICENSE PLATES.—
1746 (a) The department shall develop an Orlando City Soccer
1747 Club license plate as provided in paragraph (9)(a).
1748 (b) The annual use fees from the sale of the plate shall be
1749 distributed and used as provided in paragraph (9)(b).
1750 Section 30. Section 320.08062, Florida Statutes, is amended
1751 to read:
1752 320.08062 Audits and attestations required; annual use fees
1753 of specialty license plates.—
1754 (1)(a) All organizations that receive annual use fee
1755 proceeds from the department are responsible for ensuring that
1756 proceeds are used in accordance with ss. 320.08056 and
1757 320.08058.
1758 (b) Any organization not subject to audit pursuant to s.
1759 215.97 shall annually attest, under penalties of perjury, that
1760 such proceeds were used in compliance with ss. 320.08056 and
1761 320.08058. The attestation shall be made annually in a form and
1762 format determined by the department. In addition, the department
1763 shall audit any such organization every 5 years to ensure
1764 proceeds have been used in compliance with ss. 320.08056 and
1765 320.08058.
1766 (c) Any organization subject to audit pursuant to s. 215.97
1767 shall submit an audit report in accordance with rules
1768 promulgated by the Auditor General. The annual attestation shall
1769 be submitted to the department for review within 9 months after
1770 the end of the organization’s fiscal year.
1771 (2)(a) Within 120 days after receiving an organization’s
1772 audit or attestation, the department shall determine which
1773 recipients of revenues from specialty license plate annual use
1774 fees have not complied with subsection (1). In determining
1775 compliance, the department may commission an independent
1776 actuarial consultant, or an independent certified public
1777 accountant, who has expertise in nonprofit and charitable
1778 organizations.
1779 (b) The department must discontinue the distribution of
1780 revenues to any organization failing to submit the required
1781 documentation as required in subsection (1), but may resume
1782 distribution of the revenues upon receipt of the required
1783 information.
1784 (c) If the department or its designee determines that an
1785 organization has not complied or has failed to use the revenues
1786 in accordance with ss. 320.08056 and 320.08058, the department
1787 must discontinue the distribution of the revenues to the
1788 organization. The department shall notify the organization of
1789 its findings and direct the organization to make the changes
1790 necessary in order to comply with this chapter. If the officers
1791 of the organization sign an affidavit under penalties of perjury
1792 stating that they acknowledge the findings of the department and
1793 attest that they have taken corrective action and that the
1794 organization will submit to a followup review by the department,
1795 the department may resume the distribution of revenues.
1796 (d) If an organization fails to comply with the
1797 department’s recommendations and corrective actions as outlined
1798 in paragraph (c), the revenue distributions shall be
1799 discontinued until completion of the next regular session of the
1800 Legislature. The department shall notify the President of the
1801 Senate and the Speaker of the House of Representatives by the
1802 first day of the next regular session of any organization whose
1803 revenues have been withheld as a result of this paragraph. If
1804 the Legislature does not provide direction to the organization
1805 and the department regarding the status of the undistributed
1806 revenues, the department shall deauthorize the plate and the
1807 undistributed revenues shall be immediately deposited into the
1808 Highway Safety Operating Trust Fund.
1809 (3) The department or its designee has the authority to
1810 examine all records pertaining to the use of funds from the sale
1811 of specialty license plates.
1812 Section 31. Paragraph (b) of subsection (4) of section
1813 320.08068, Florida Statutes, is amended to read:
1814 320.08068 Motorcycle specialty license plates.—
1815 (4) A license plate annual use fee of $20 shall be
1816 collected for each motorcycle specialty license plate. Annual
1817 use fees shall be distributed as follows:
1818 (b) Twenty percent to Preserve Vision Prevent Blindness
1819 Florida.
1820 Section 32. Subsections (5), (6), and (7) of section
1821 320.0807, Florida Statutes, are amended to read:
1822 320.0807 Special license plates for Governor and federal
1823 and state legislators.—
1824 (5) Upon application by any current or former President of
1825 the Senate and payment of the fees prescribed by s. 320.0805,
1826 the department may issue a license plate stamped “Senate
1827 President” followed by the number assigned by the department or
1828 chosen by the applicant if it is not already in use. Upon
1829 application by any current or former Speaker of the House of
1830 Representatives and payment of the fees prescribed by s.
1831 320.0805, the department may issue a license plate stamped
1832 “House Speaker” followed by the number assigned by the
1833 department or chosen by the applicant if it is not already in
1834 use.
1835 (6)(a) Upon application by any former member of Congress or
1836 former member of the state Legislature, payment of the fees
1837 prescribed by s. 320.0805, and payment of a one-time fee of
1838 $500, the department may issue a former member of Congress,
1839 state senator, or state representative a license plate stamped
1840 “Retired Congress,” “Retired Senate,” or “Retired House,” as
1841 appropriate, for a vehicle owned by the former member.
1842 (b) To qualify for a Retired Congress, Retired Senate, or
1843 Retired House prestige license plate, a former member must have
1844 served at least 4 years as a member of Congress, state senator,
1845 or state representative, respectively.
1846 (c) Four hundred fifty dollars of the one-time fee
1847 collected under paragraph (a) shall be distributed to the
1848 account of the direct-support organization established pursuant
1849 to s. 272.136 and used for the benefit of the Florida Historic
1850 Capitol Museum, and the remaining $50 shall be deposited into
1851 the Highway Safety Operating Trust Fund.
1852 (5)(7) The department may create a unique plate design for
1853 plates to be used by members or former members of the
1854 Legislature or Congress as provided in subsection subsections
1855 (2), (5), and (6).
1856 Section 33. Section 320.0875, Florida Statutes, is created
1857 to read:
1858 320.0875 Purple Heart special motorcycle license plate.—
1859 (1) Upon application to the department and payment of the
1860 license tax for the motorcycle as provided in s. 320.08, a
1861 resident of the state who owns or leases a motorcycle that is
1862 not used for hire or commercial use shall be issued a Purple
1863 Heart special motorcycle license plate if he or she provides
1864 documentation acceptable to the department that he or she is a
1865 recipient of the Purple Heart medal.
1866 (2) The Purple Heart special motorcycle license plate shall
1867 be stamped with the term “Combat-wounded Veteran” followed by
1868 the serial number of the license plate. The Purple Heart special
1869 motorcycle license plate may have the term “Purple Heart”
1870 stamped on the plate and the likeness of the Purple Heart medal
1871 appearing on the plate.
1872 Section 34. Paragraph (a) of subsection (1) of section
1873 320.089, Florida Statutes, is amended to read:
1874 320.089 Veterans of the United States Armed Forces; members
1875 of National Guard; survivors of Pearl Harbor; Purple Heart medal
1876 recipients; Bronze Star recipients; active or retired United
1877 States Armed Forces reservists; Combat Infantry Badge, Combat
1878 Medical Badge, or Combat Action Badge recipients; Combat Action
1879 Ribbon recipients; Air Force Combat Action Medal recipients;
1880 Distinguished Flying Cross recipients; former prisoners of war;
1881 Korean War Veterans; Vietnam War Veterans; Operation Desert
1882 Shield Veterans; Operation Desert Storm Veterans; Operation
1883 Enduring Freedom Veterans; Operation Iraqi Freedom Veterans;
1884 Women Veterans; World War II Veterans; and Navy Submariners;
1885 special license plates; fee.—
1886 (1)(a) Each owner or lessee of an automobile or truck for
1887 private use or recreational vehicle as specified in s.
1888 320.08(9)(c) or (d), which is not used for hire or commercial
1889 use, who is a resident of the state and a veteran of the United
1890 States Armed Forces, a Woman Veteran, a World War II Veteran, a
1891 Navy Submariner, an active or retired member of the Florida
1892 National Guard, a survivor of the attack on Pearl Harbor, a
1893 recipient of the Purple Heart medal, a recipient of the Bronze
1894 Star, an active or retired member of any branch of the United
1895 States Armed Forces Reserve, or a recipient of the Combat
1896 Infantry Badge, Combat Medical Badge, Combat Action Badge,
1897 Combat Action Ribbon, Air Force Combat Action Medal, or
1898 Distinguished Flying Cross, upon application to the department,
1899 accompanied by proof of release or discharge from any branch of
1900 the United States Armed Forces, proof of active membership or
1901 retired status in the Florida National Guard, proof of
1902 membership in the Pearl Harbor Survivors Association or proof of
1903 active military duty in Pearl Harbor on December 7, 1941, proof
1904 of being a Purple Heart medal recipient, proof of being a Bronze
1905 Star recipient, proof of active or retired membership in any
1906 branch of the United States Armed Forces Reserve, or proof of
1907 membership in the Combat Infantrymen’s Association, Inc., proof
1908 of being a recipient of the Combat Infantry Badge, Combat
1909 Medical Badge, Combat Action Badge, Combat Action Ribbon, Air
1910 Force Combat Action Medal, or Distinguished Flying Cross, and
1911 upon payment of the license tax for the vehicle as provided in
1912 s. 320.08, shall be issued a license plate as provided by s.
1913 320.06 which, in lieu of the serial numbers prescribed by s.
1914 320.06, is stamped with the words “Veteran,” “Woman Veteran,”
1915 “WWII Veteran,” “Navy Submariner,” “National Guard,” “Pearl
1916 Harbor Survivor,” “Combat-wounded veteran,” “Bronze Star,” “U.S.
1917 Reserve,” “Combat Infantry Badge,” “Combat Medical Badge,”
1918 “Combat Action Badge,” “Combat Action Ribbon,” “Air Force Combat
1919 Action Medal,” or “Distinguished Flying Cross,” as appropriate,
1920 and a likeness of the related campaign medal or badge, followed
1921 by the serial number of the license plate. Additionally, the
1922 Purple Heart plate may have the words “Purple Heart” stamped on
1923 the plate and the likeness of the Purple Heart medal appearing
1924 on the plate.
1925 Section 35. Subsection (10) is added to section 320.131,
1926 Florida Statutes, to read:
1927 320.131 Temporary tags.—
1928 (10) Beginning October 1, 2018, the department may partner
1929 with a county tax collector to conduct a Fleet Vehicle Temporary
1930 Tag pilot program to provide temporary tags to fleet companies
1931 to allow them to operate fleet vehicles awaiting a permanent
1932 registration and title.
1933 (a) The department shall establish a memorandum of
1934 understanding that allows a maximum of 10 companies to
1935 participate in the pilot program and receive multiple temporary
1936 tags for company fleet vehicles.
1937 (b) To participate in the program, a fleet company must
1938 have a minimum of 3,500 fleet vehicles registered in this state
1939 which qualify to be registered as fleet vehicles pursuant to s.
1940 320.0657.
1941 (c) The department may issue up to 50 temporary tags at a
1942 time to an eligible fleet company, if requested by such company.
1943 (d) The temporary tags are for exclusive use on vehicles
1944 purchased for the company’s fleet, and may not be used on any
1945 other vehicle.
1946 (e) Each temporary plate may be used on only one vehicle
1947 and each vehicle may only use one temporary plate.
1948 (f) Upon issuance of the vehicle’s permanent license plate
1949 and registration, the temporary tag becomes invalid and must be
1950 removed from the vehicle and destroyed.
1951 (g) Upon a finding by the department that a temporary tag
1952 has been misused by a fleet company under this program, the
1953 department may terminate the memorandum of understanding with
1954 the company, invalidate all temporary tags issued to the company
1955 under the program, and require such company to return any unused
1956 temporary tags.
1957 (h) This subsection is repealed on October 1, 2023, unless
1958 saved from repeal through reenactment by the Legislature.
1959 Section 36. Subsection (3) is added to section 320.95,
1960 Florida Statutes, to read:
1961 320.95 Transactions by electronic or telephonic means.—
1962 (3) The department may authorize issuance of an electronic
1963 certificate of registration in addition to printing a paper
1964 registration certificate. A motor vehicle operator may present
1965 for inspection an electronic device displaying an electronic
1966 certificate of registration issued pursuant to this subsection
1967 in lieu of a paper registration certificate. Such presentation
1968 does not constitute consent for inspection of any information on
1969 the device other than the displayed certificate of registration.
1970 The person who presents the device for inspection assumes the
1971 liability for any resulting damage to the device.
1972 Section 37. By November 1, 2018, the annual use fees
1973 withheld by the Department of Highway Safety and Motor Vehicles
1974 from the sale of the Live the Dream specialty license plate
1975 shall be used first to satisfy all outstanding royalty payments
1976 due to The Martin Luther King, Jr. Center for Nonviolent Social
1977 Change, Inc., for the use of the image of Dr. Martin Luther
1978 King, Jr. All remaining funds shall be distributed to the
1979 subrecipients on a pro rata basis according to the percentages
1980 specified in s. 320.08058(47), Florida Statutes.
1981 Section 38. Section 322.01, Florida Statutes, is amended to
1982 read:
1983 322.01 Definitions.—As used in this chapter:
1984 (1) “Actual weight” means the weight of a motor vehicle or
1985 motor vehicle combination plus the weight of the load carried on
1986 it, as determined at a fixed scale operated by the state or as
1987 determined by use of a portable scale operated by a law
1988 enforcement officer.
1989 (2) “Alcohol” means any substance containing any form of
1990 alcohol including, but not limited to, ethanol, methanol,
1991 propanol, and isopropanol.
1992 (3) “Alcohol concentration” means:
1993 (a) The number of grams of alcohol per 100 milliliters of
1994 blood;
1995 (b) The number of grams of alcohol per 210 liters of
1996 breath; or
1997 (c) The number of grams of alcohol per 67 milliliters of
1998 urine.
1999 (4) “Authorized emergency vehicle” means a vehicle that is
2000 equipped with extraordinary audible and visual warning devices,
2001 that is authorized by s. 316.2397 to display red, red and white,
2002 or blue lights, and that is on call to respond to emergencies.
2003 The term includes, but is not limited to, ambulances, law
2004 enforcement vehicles, fire trucks, and other rescue vehicles.
2005 The term does not include wreckers, utility trucks, or other
2006 vehicles that are used only incidentally for emergency purposes.
2007 (5) “Cancellation” means the act of declaring a driver
2008 license void and terminated.
2009 (6) “Color photographic driver license” means a color
2010 photograph of a completed driver license form meeting the
2011 requirements prescribed in s. 322.14.
2012 (7) “Commercial driver license” means a Class A, Class B,
2013 or Class C driver license issued in accordance with the
2014 requirements of this chapter.
2015 (8) “Commercial motor vehicle” means any motor vehicle or
2016 motor vehicle combination used on the streets or highways,
2017 which:
2018 (a) Has a gross vehicle weight rating of 26,001 pounds or
2019 more;
2020 (b) Is designed to transport more than 15 persons,
2021 including the driver; or
2022 (c) Is transporting hazardous materials and is required to
2023 be placarded in accordance with 49 C.F.R. part 172, subpart F.
2024
2025 A vehicle that occasionally transports personal property to and
2026 from a closed-course motorsport facility, as defined in s.
2027 549.09(1)(a), is not a commercial motor vehicle if the use is
2028 not for profit and corporate sponsorship is not involved. As
2029 used in this subsection, the term “corporate sponsorship” means
2030 a payment, donation, gratuity, in-kind service, or other benefit
2031 provided to or derived by a person in relation to the underlying
2032 activity, other than the display of product or corporate names,
2033 logos, or other graphic information on the property being
2034 transported.
2035 (9) “Controlled substance” means any substance classified
2036 as such under 21 U.S.C. s. 802(6), Schedules I-V of 21 C.F.R.
2037 part 1308, or chapter 893.
2038 (10) “Convenience service” means any means whereby an
2039 individual conducts a transaction with the department other than
2040 in person.
2041 (11)(a) “Conviction” means a conviction of an offense
2042 relating to the operation of motor vehicles on highways which is
2043 a violation of this chapter or any other such law of this state
2044 or any other state, including an admission or determination of a
2045 noncriminal traffic infraction pursuant to s. 318.14, or a
2046 judicial disposition of an offense committed under any federal
2047 law substantially conforming to the aforesaid state statutory
2048 provisions.
2049 (b) Notwithstanding any other provisions of this chapter,
2050 the definition of “conviction” provided in 49 C.F.R. s. 383.5
2051 applies to offenses committed in a commercial motor vehicle or
2052 by a person holding a commercial driver license.
2053 (12) “Court” means any tribunal in this state or any other
2054 state, or any federal tribunal, which has jurisdiction over any
2055 civil, criminal, traffic, or administrative action.
2056 (13) “Credential service provider” means an electronic
2057 credential provider competitively procured by the department to
2058 supply secure credential services based on open standards for
2059 identity management and verification to qualified entities.
2060 (14)(13) “Declared weight” means the maximum loaded weight
2061 declared for purposes of registration, pursuant to chapter 320.
2062 (15)(14) “Department” means the Department of Highway
2063 Safety and Motor Vehicles acting directly or through its duly
2064 authorized representatives.
2065 (16) “Digital identity verifier” means a public or private
2066 entity that consumes the identity management services provided
2067 by the credential service provider.
2068 (17)(15) “Disqualification” means a prohibition, other than
2069 an out-of-service order, that precludes a person from driving a
2070 commercial motor vehicle.
2071 (18)(16) “Drive” means to operate or be in actual physical
2072 control of a motor vehicle in any place open to the general
2073 public for purposes of vehicular traffic.
2074 (19)(17) “Driver license” means a certificate that, subject
2075 to all other requirements of law, authorizes an individual to
2076 drive a motor vehicle and denotes an operator’s license as
2077 defined in 49 U.S.C. s. 30301.
2078 (20) “Electronic” means relating to technology having
2079 electrical, digital, magnetic, wireless, optical,
2080 electromagnetic, or similar capabilities.
2081 (21) “Electronic credential” means an electronic
2082 representation of a physical driver license or identification
2083 card which is viewable on an electronic credential system and
2084 capable of being verified and authenticated.
2085 (22) “Electronic credential holder” means a person to whom
2086 an electronic credential has been issued.
2087 (23) “Electronic credential provider” means a qualified
2088 entity contracted with the department to provide electronic
2089 credentials to electronic credential holders.
2090 (24) “Electronic credential system” means a computer system
2091 used to display or transmit electronic credentials to a person
2092 or verification system and that may be accessed using an
2093 electronic device.
2094 (25) “Electronic device” means a device or a portion of a
2095 device that is designed for and capable of communicating across
2096 a computer network with other computers or devices for the
2097 purpose of transmitting, receiving, or storing data, including,
2098 but not limited to, a cellular telephone, tablet, or other
2099 portable device designed for and capable of communicating with
2100 or across a computer network, and is used to render an
2101 electronic credential.
2102 (26) “Electronic ID” means a technology solution by which a
2103 qualified entity authenticates the identity of an individual
2104 receiving goods or services.
2105 (27)(18) “Endorsement” means a special authorization which
2106 permits a driver to drive certain types of vehicles or to
2107 transport certain types of property or a certain number of
2108 passengers.
2109 (28)(19) “Farmer” means a person who grows agricultural
2110 products, including aquacultural, horticultural, and forestry
2111 products, and, except as provided herein, employees of such
2112 persons. The term does not include employees whose primary
2113 purpose of employment is the operation of motor vehicles.
2114 (29)(20) “Farm tractor” means a motor vehicle that is:
2115 (a) Operated principally on a farm, grove, or orchard in
2116 agricultural or horticultural pursuits and that is operated on
2117 the roads of this state only incidentally for transportation
2118 between the owner’s or operator’s headquarters and the farm,
2119 grove, or orchard or between one farm, grove, or orchard and
2120 another; or
2121 (b) Designed and used primarily as a farm implement for
2122 drawing plows, mowing machines, and other implements of
2123 husbandry.
2124 (30)(21) “Felony” means any offense under state or federal
2125 law that is punishable by death or by a term of imprisonment
2126 exceeding 1 year.
2127 (31)(22) “Foreign jurisdiction” means any jurisdiction
2128 other than a state of the United States.
2129 (32)(23) “Gross vehicle weight rating” means the value
2130 specified by the manufacturer as the maximum loaded weight of a
2131 single, combination, or articulated vehicle.
2132 (33)(24) “Hazardous materials” means any material that has
2133 been designated as hazardous under 49 U.S.C. s. 5103 and is
2134 required to be placarded under subpart F of 49 C.F.R. part 172
2135 or any quantity of a material listed as a select agent or toxin
2136 in 42 C.F.R. part 73.
2137 (34)(25) “Medical examiner’s certificate” means a document
2138 substantially in accordance with the requirements of 49 C.F.R.
2139 s. 391.43.
2140 (35)(26) “Motorcycle” means a motor vehicle powered by a
2141 motor with a displacement of more than 50 cubic centimeters,
2142 having a seat or saddle for the use of the rider, and designed
2143 to travel on not more than three wheels in contact with the
2144 ground, but excluding a tractor, tri-vehicle, or moped.
2145 (36)(27) “Motor vehicle” means any self-propelled vehicle,
2146 including a motor vehicle combination, not operated upon rails
2147 or guideway, excluding vehicles moved solely by human power,
2148 motorized wheelchairs, and motorized bicycles as defined in s.
2149 316.003.
2150 (37)(28) “Motor vehicle combination” means a motor vehicle
2151 operated in conjunction with one or more other vehicles.
2152 (38)(29) “Narcotic drugs” means coca leaves, opium,
2153 isonipecaine, cannabis, and every substance neither chemically
2154 nor physically distinguishable from them, and any and all
2155 derivatives of same, and any other drug to which the narcotics
2156 laws of the United States apply, and includes all drugs and
2157 derivatives thereof known as barbiturates.
2158 (39)(30) “Out-of-service order” means a prohibition issued
2159 by an authorized local, state, or Federal Government official
2160 which precludes a person from driving a commercial motor
2161 vehicle.
2162 (40)(31) “Owner” means the person who holds the legal title
2163 to a vehicle. However, if a vehicle is the subject of an
2164 agreement for the conditional sale or lease thereof with the
2165 right of purchase upon performance of the conditions stated in
2166 the agreement and with an immediate right of possession vested
2167 in the conditional vendee or lessee, or if a mortgagor of a
2168 vehicle is entitled to possession, such conditional vendee,
2169 lessee, or mortgagor is the owner for the purpose of this
2170 chapter.
2171 (41)(32) “Passenger vehicle” means a motor vehicle designed
2172 to transport more than 15 persons, including the driver, or a
2173 school bus designed to transport more than 15 persons, including
2174 the driver.
2175 (42)(33) “Permit” means a document authorizing the
2176 temporary operation of a motor vehicle within this state subject
2177 to conditions established in this chapter.
2178 (43) “Qualified entity” means a public or private entity
2179 which enters into a contract with the department, meets usage
2180 criteria, agrees to terms and conditions, and is authorized by
2181 the department to use the credential service provider for
2182 authentication and identification verification services.
2183 (44)(34) “Resident” means a person who has his or her
2184 principal place of domicile in this state for a period of more
2185 than 6 consecutive months, has registered to vote, has made a
2186 statement of domicile pursuant to s. 222.17, or has filed for
2187 homestead tax exemption on property in this state.
2188 (45)(35) “Restriction” means a prohibition against
2189 operating certain types of motor vehicles or a requirement that
2190 a driver comply with certain conditions when driving a motor
2191 vehicle.
2192 (46)(36) “Revocation” means the termination of a licensee’s
2193 privilege to drive.
2194 (47)(37) “School bus” means a motor vehicle that is
2195 designed to transport more than 15 persons, including the
2196 driver, and that is used to transport students to and from a
2197 public or private school or in connection with school
2198 activities, but does not include a bus operated by a common
2199 carrier in the urban transportation of school children. The term
2200 “school” includes all preelementary, elementary, secondary, and
2201 postsecondary schools.
2202 (48)(38) “State” means a state or possession of the United
2203 States, and, for the purposes of this chapter, includes the
2204 District of Columbia.
2205 (49)(39) “Street or highway” means the entire width between
2206 the boundary lines of a way or place if any part of that way or
2207 place is open to public use for purposes of vehicular traffic.
2208 (50)(40) “Suspension” means the temporary withdrawal of a
2209 licensee’s privilege to drive a motor vehicle.
2210 (51)(41) “Tank vehicle” means a vehicle that is designed to
2211 transport any liquid or gaseous material within a tank either
2212 permanently or temporarily attached to the vehicle, if such tank
2213 has a designed capacity of 1,000 gallons or more.
2214 (52)(42) “United States” means the 50 states and the
2215 District of Columbia.
2216 (53)(43) “Vehicle” means every device in, upon, or by which
2217 any person or property is or may be transported or drawn upon a
2218 public highway or operated upon rails or guideway, except a
2219 bicycle, motorized wheelchair, or motorized bicycle.
2220 (54)(44) “Identification card” means a personal
2221 identification card issued by the department which conforms to
2222 the definition in 18 U.S.C. s. 1028(d).
2223 (55)(45) “Temporary driver license” or “temporary
2224 identification card” means a certificate issued by the
2225 department which, subject to all other requirements of law,
2226 authorizes an individual to drive a motor vehicle and denotes an
2227 operator’s license, as defined in 49 U.S.C. s. 30301, or a
2228 personal identification card issued by the department which
2229 conforms to the definition in 18 U.S.C. s. 1028(d) and denotes
2230 that the holder is permitted to stay for a short duration of
2231 time, as specified on the temporary identification card, and is
2232 not a permanent resident of the United States.
2233 (56)(46) “Tri-vehicle” means an enclosed three-wheeled
2234 passenger vehicle that:
2235 (a) Is designed to operate with three wheels in contact
2236 with the ground;
2237 (b) Has a minimum unladen weight of 900 pounds;
2238 (c) Has a single, completely enclosed, occupant
2239 compartment;
2240 (d) Is produced in a minimum quantity of 300 in any
2241 calendar year;
2242 (e) Is capable of a speed greater than 60 miles per hour on
2243 level ground; and
2244 (f) Is equipped with:
2245 1. Seats that are certified by the vehicle manufacturer to
2246 meet the requirements of Federal Motor Vehicle Safety Standard
2247 No. 207, “Seating systems” (49 C.F.R. s. 571.207);
2248 2. A steering wheel used to maneuver the vehicle;
2249 3. A propulsion unit located forward or aft of the enclosed
2250 occupant compartment;
2251 4. A seat belt for each vehicle occupant certified to meet
2252 the requirements of Federal Motor Vehicle Safety Standard No.
2253 209, “Seat belt assemblies” (49 C.F.R. s. 571.209);
2254 5. A windshield and an appropriate windshield wiper and
2255 washer system that are certified by the vehicle manufacturer to
2256 meet the requirements of Federal Motor Vehicle Safety Standard
2257 No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal
2258 Motor Vehicle Safety Standard No. 104, “Windshield Wiping and
2259 Washing Systems” (49 C.F.R. s. 571.104); and
2260 6. A vehicle structure certified by the vehicle
2261 manufacturer to meet the requirements of Federal Motor Vehicle
2262 Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R.
2263 s. 571.216).
2264 Section 39. Section 322.032, Florida Statutes, is amended
2265 to read:
2266 322.032 Electronic credential Digital proof of driver
2267 license.—
2268 (1)(a) The department shall develop and implement begin to
2269 review and prepare for the development of a secure and uniform
2270 protocols which comply with national standards system for
2271 issuing an optional electronic credential. The department shall
2272 procure the related technology solution from the credential
2273 service provider that uses a revenue sharing model through a
2274 competitive solicitation process pursuant to s. 287.057 digital
2275 proof of driver license. The department may issue electronic
2276 credentials to persons who hold a Florida driver license or
2277 identification card.
2278 (b) Qualified entities must have the technological
2279 capabilities necessary to integrate with the credential service
2280 provider. The department shall maintain the protocols and
2281 national standards necessary for a digital verifier or an
2282 electronic credential provider to request authorized access to
2283 an application programming interface, or appropriate
2284 technological tool of at least the same capabilities, necessary
2285 for such qualified entity to consume an electronic ID. The
2286 department shall timely review requests for authorized access
2287 and approve all requests by digital verifiers that meet the
2288 department’s requirements.
2289 (c) The electronic credential provider must have the
2290 necessary technological capabilities to execute the
2291 authentication of an electronic credential across all states,
2292 jurisdictions, federal and state agencies, and municipalities.
2293 The electronic credential and verification solution must provide
2294 the standardized system integration necessary:
2295 1. For qualified entities to securely consume an electronic
2296 credential.
2297 2. For the production of a fully compliant electronic
2298 credential by electronic credential providers.
2299 3. To successfully ensure secure authentication and
2300 validation of data from disparate sources.
2301 (d) The department shall competitively procure at least two
2302 but no more than five contract with one or more electronic
2303 credential providers private entities to develop and implement
2304 an initial phase to provide a secure electronic credential a
2305 digital proof of driver license system. The department shall
2306 enter into agreements with electronic credential providers that
2307 provide the permitted uses, terms and conditions, privacy
2308 policy, and uniform remittance terms relating to the consumption
2309 of an electronic credential. The department must competitively
2310 procure the credential service provider before the initial phase
2311 may begin. Upon completion of the initial phase, the department
2312 shall submit a report to the Governor, the President of the
2313 Senate, and the Speaker of the House of Representatives
2314 regarding the continued implementation and tools necessary to
2315 scale future phases.
2316 (2)(a) The department shall provide electronic credential
2317 providers access to a standardized digital transaction process
2318 that provides the proceeds of a completed financial transaction
2319 to the department at the point of sale. The standardized digital
2320 transaction process must enable electronic credential providers
2321 to direct through their electronic commerce workflow to a
2322 standardized checkout process and enable documentation of the
2323 electronic credential providers participating in a transaction.
2324 Revenue generated from use of the electronic credential system
2325 shall be deposited into the Motor Vehicle License Clearing Trust
2326 Fund for distribution pursuant to a legislative appropriation
2327 and department agreements with electronic credential providers.
2328 Electronic credential revenue shall be shared between the state
2329 and electronic credential providers.
2330 (b) The department may assess a competitive market rate fee
2331 structure for use of the credential service provider for any
2332 qualified entity to obtain an electronic ID. Revenue generated
2333 from use of the credential service provider by digital identity
2334 verifiers shall be shared between the state and the credential
2335 service provider. Revenues shall be deposited into the Motor
2336 Vehicle License Clearing Trust Fund for distribution pursuant to
2337 department agreements with digital identity verifiers. Fees may
2338 not be charged to any state court, state governmental entity, or
2339 law enforcement agency.
2340 (3)(a)(2) The electronic credential digital proof of driver
2341 license developed by the department or by an electronic
2342 credential provider an entity contracted by the department must
2343 be in such a format as to allow law enforcement or an authorized
2344 consumer to verify the authenticity of the electronic credential
2345 and the identity of the credential holder and to validate the
2346 status of any driving privileges associated with the electronic
2347 credential digital proof of driver license. The department shall
2348 adhere to protocols and national standards may adopt rules to
2349 ensure valid authentication of electronic credentials digital
2350 driver licenses by law enforcement.
2351 (b) The act of presenting to a law enforcement officer an
2352 electronic device displaying an electronic credential does not
2353 constitute consent for the officer to access any information on
2354 the device other than the electronic credential.
2355 (c) The person who presents the device to the officer
2356 assumes liability for any resulting damage to the device.
2357 (4)(3) A person may not be issued an electronic credential
2358 a digital proof of driver license until he or she has satisfied
2359 all of the requirements of this chapter for issuance of a
2360 physical driver license or identification card as provided in
2361 this chapter.
2362 (5)(4) A person who:
2363 (a) Manufactures a false electronic credential digital
2364 proof of driver license commits a felony of the third degree,
2365 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2366 (b) Possesses a false electronic credential digital proof
2367 of driver license commits a misdemeanor of the second degree,
2368 punishable as provided in s. 775.082.
2369 Section 40. Section 322.059, Florida Statutes, is amended
2370 to read:
2371 322.059 Mandatory surrender of suspended driver license and
2372 registration.—A person whose driver license or registration has
2373 been suspended as provided in s. 322.058 must immediately return
2374 his or her driver license and registration to the Department of
2375 Highway Safety and Motor Vehicles. The department shall
2376 invalidate the electronic credential digital proof of driver
2377 license issued pursuant to s. 322.032 for such person. If such
2378 person fails to return his or her driver license or
2379 registration, a law enforcement agent may seize the license or
2380 registration while the driver license or registration is
2381 suspended.
2382 Section 41. Subsection (4) of section 322.09, Florida
2383 Statutes, is amended to read:
2384 322.09 Application of minors; responsibility for negligence
2385 or misconduct of minor.—
2386 (4) Notwithstanding subsections (1) and (2), if a foster
2387 parent or caregiver of a minor who is under the age of 18 years
2388 and is in foster care as defined in s. 39.01, an authorized
2389 representative of a residential group home at which such a minor
2390 resides, the caseworker at the agency at which the state has
2391 placed the minor, or a guardian ad litem specifically authorized
2392 by the minor’s caregiver to sign for a learner’s driver license
2393 signs the minor’s application for a learner’s driver license,
2394 that foster parent, caregiver, group home representative,
2395 caseworker, or guardian ad litem does not assume any obligation
2396 or become liable for any damages caused by the negligence or
2397 willful misconduct of the minor by reason of having signed the
2398 application. Before signing the application, the caseworker
2399 shall notify the foster parent, caregiver, or other responsible
2400 party of his or her intent to sign and verify the application.
2401 Section 42. Paragraph (c) of subsection (1) of section
2402 322.143, Florida Statutes, is amended to read:
2403 322.143 Use of a driver license or identification card.—
2404 (1) As used in this section, the term:
2405 (c) “Swipe” means the act of passing a driver license or
2406 identification card through a device that is capable of
2407 deciphering, in an electronically readable format, the
2408 information electronically encoded in a magnetic strip or bar
2409 code on the driver license or identification card or consuming
2410 an electronic credential.
2411 Section 43. Subsection (1) of section 322.15, Florida
2412 Statutes, is amended to read:
2413 322.15 License to be carried and exhibited on demand;
2414 fingerprint to be imprinted upon a citation.—
2415 (1) Every licensee shall have his or her driver license,
2416 which must be fully legible with no portion of such license
2417 faded, altered, mutilated, or defaced, in his or her immediate
2418 possession at all times when operating a motor vehicle and shall
2419 present or submit the same upon the demand of a law enforcement
2420 officer or an authorized representative of the department. A
2421 licensee may present or submit an electronic credential a
2422 digital proof of driver license as provided in s. 322.032 in
2423 lieu of a physical driver license.
2424 Section 44. Section 322.38, Florida Statutes, is amended to
2425 read:
2426 322.38 Renting motor vehicle to another.—
2427 (1) A No person may not shall rent a motor vehicle to any
2428 other person unless the other latter person is then duly
2429 licensed, or, if a nonresident, he or she shall be licensed
2430 under the laws of the state or country of his or her residence,
2431 except a nonresident whose home state or country does not
2432 require that an operator be licensed.
2433 (2) A No person may not shall rent a motor vehicle to
2434 another until he or she has inspected the driver license of the
2435 person to whom the vehicle is to be rented, and has compared and
2436 verified that the driver license is unexpired signature thereon
2437 with the signature of such person written in his or her
2438 presence.
2439 (3) Every person renting a motor vehicle to another shall
2440 keep a record of the registration number of the motor vehicle so
2441 rented, the name, and address, and driver license number of the
2442 person to whom the vehicle is rented, the number of the license
2443 of said latter person, and the date and place when and where the
2444 said license was issued. Such record shall be open to inspection
2445 by any police officer, or officer or employee of the department.
2446 (4) If a rental car company rents a motor vehicle to a
2447 person through digital, electronic, or other means that allows
2448 the renter to obtain possession of the motor vehicle without
2449 direct contact with an agent or employee of the rental car
2450 company, or if through use of such means the renter does not
2451 execute a rental contract at the time he or she takes possession
2452 of the vehicle, the rental car company is deemed to have met the
2453 requirements of subsections (1) and (2) when the rental car
2454 company requires the renter to verify that he or she is duly
2455 licensed and that the license is unexpired. Such verification
2456 may occur at the time the renter enrolls in a membership
2457 program, master agreement, or other means of establishing use of
2458 the rental car company’s services or at any time thereafter.
2459 Section 45. Subsection (4) of section 322.61, Florida
2460 Statutes, is amended to read:
2461 322.61 Disqualification from operating a commercial motor
2462 vehicle.—
2463 (4) Any person who is transporting hazardous materials as
2464 defined in s. 322.01(33) s. 322.01(24) shall, upon conviction of
2465 an offense specified in subsection (3), be disqualified from
2466 operating a commercial motor vehicle for a period of 3 years.
2467 The penalty provided in this subsection shall be in addition to
2468 any other applicable penalty.
2469 Section 46. Subsection (1) of section 324.021, Florida
2470 Statutes, is amended to read:
2471 324.021 Definitions; minimum insurance required.—The
2472 following words and phrases when used in this chapter shall, for
2473 the purpose of this chapter, have the meanings respectively
2474 ascribed to them in this section, except in those instances
2475 where the context clearly indicates a different meaning:
2476 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
2477 designed and required to be licensed for use upon a highway,
2478 including trailers and semitrailers designed for use with such
2479 vehicles, except traction engines, road rollers, farm tractors,
2480 power shovels, and well drillers, and every vehicle that is
2481 propelled by electric power obtained from overhead wires but not
2482 operated upon rails, but not including any personal delivery
2483 device or mobile carrier as defined in s. 316.003, bicycle, or
2484 moped. However, the term “motor vehicle” does not include a
2485 motor vehicle as defined in s. 627.732(3) when the owner of such
2486 vehicle has complied with the requirements of ss. 627.730
2487 627.7405, inclusive, unless the provisions of s. 324.051 apply;
2488 and, in such case, the applicable proof of insurance provisions
2489 of s. 320.02 apply.
2490 Section 47. Section 324.031, Florida Statutes, is amended
2491 to read:
2492 324.031 Manner of proving financial responsibility.—The
2493 owner or operator of a taxicab, limousine, jitney, or any other
2494 for-hire passenger transportation vehicle may prove financial
2495 responsibility by providing satisfactory evidence of holding a
2496 motor vehicle liability policy as defined in s. 324.021(8) or s.
2497 324.151, which policy is provided by an insurer authorized to do
2498 business in this state issued by an insurance carrier which is a
2499 member of the Florida Insurance Guaranty Association or an
2500 eligible nonadmitted insurer that has a superior, excellent,
2501 exceptional, or equivalent financial strength rating by a rating
2502 agency acceptable to the Office of Insurance Regulation of the
2503 Financial Services Commission. The operator or owner of any
2504 other vehicle may prove his or her financial responsibility by:
2505 (1) Furnishing satisfactory evidence of holding a motor
2506 vehicle liability policy as defined in ss. 324.021(8) and
2507 324.151;
2508 (2) Furnishing a certificate of self-insurance showing a
2509 deposit of cash in accordance with s. 324.161; or
2510 (3) Furnishing a certificate of self-insurance issued by
2511 the department in accordance with s. 324.171.
2512
2513 Any person, including any firm, partnership, association,
2514 corporation, or other person, other than a natural person,
2515 electing to use the method of proof specified in subsection (2)
2516 shall furnish a certificate of deposit equal to the number of
2517 vehicles owned times $30,000, to a maximum of $120,000; in
2518 addition, any such person, other than a natural person, shall
2519 maintain insurance providing coverage in excess of limits of
2520 $10,000/20,000/10,000 or $30,000 combined single limits, and
2521 such excess insurance shall provide minimum limits of
2522 $125,000/250,000/50,000 or $300,000 combined single limits.
2523 These increased limits shall not affect the requirements for
2524 proving financial responsibility under s. 324.032(1).
2525 Section 48. Subsection (2) of section 324.032, Florida
2526 Statutes, is amended to read:
2527 324.032 Manner of proving financial responsibility; for
2528 hire passenger transportation vehicles.—Notwithstanding the
2529 provisions of s. 324.031:
2530 (2) An owner or a lessee who is required to maintain
2531 insurance under s. 324.021(9)(b) and who operates at least 150
2532 300 taxicabs, limousines, jitneys, or any other for-hire
2533 passenger transportation vehicles may provide financial
2534 responsibility by complying with the provisions of s. 324.171,
2535 such compliance to be demonstrated by maintaining at its
2536 principal place of business an audited financial statement,
2537 prepared in accordance with generally accepted accounting
2538 principles, and providing to the department a certification
2539 issued by a certified public accountant that the applicant’s net
2540 worth is at least equal to the requirements of s. 324.171 as
2541 determined by the Office of Insurance Regulation of the
2542 Financial Services Commission, including claims liabilities in
2543 an amount certified as adequate by a Fellow of the Casualty
2544 Actuarial Society.
2545
2546 Upon request by the department, the applicant must provide the
2547 department at the applicant’s principal place of business in
2548 this state access to the applicant’s underlying financial
2549 information and financial statements that provide the basis of
2550 the certified public accountant’s certification. The applicant
2551 shall reimburse the requesting department for all reasonable
2552 costs incurred by it in reviewing the supporting information.
2553 The maximum amount of self-insurance permissible under this
2554 subsection is $300,000 and must be stated on a per-occurrence
2555 basis, and the applicant shall maintain adequate excess
2556 insurance issued by an authorized or eligible insurer licensed
2557 or approved by the Office of Insurance Regulation. All risks
2558 self-insured shall remain with the owner or lessee providing it,
2559 and the risks are not transferable to any other person, unless a
2560 policy complying with subsection (1) is obtained.
2561 Section 49. Subsection (3) and paragraph (b) of subsection
2562 (4) of section 339.175, Florida Statutes, are amended to read:
2563 339.175 Metropolitan planning organization.—
2564 (3) VOTING MEMBERSHIP.—
2565 (a)1. Except as provided in subparagraph 2., the voting
2566 membership of an M.P.O. shall consist of at least 5 but not more
2567 than 25 apportioned members, with the exact number determined on
2568 an equitable geographic-population ratio basis, based on an
2569 agreement among the affected units of general-purpose local
2570 government and the Governor, as required by federal regulations.
2571 In accordance with 23 U.S.C. s. 134, the Governor may also allow
2572 M.P.O. members who represent municipalities to alternate with
2573 representatives from other municipalities within the
2574 metropolitan planning area which do not have members on the
2575 M.P.O. With the exception of instances in which all of the
2576 county commissioners in a single-county M.P.O. are members of
2577 the M.P.O. governing board, county commissioners shall compose
2578 at least one-third of the M.P.O. governing board membership. A
2579 multicounty M.P.O. may satisfy this requirement by any
2580 combination of county commissioners from each of the counties
2581 constituting the M.P.O. Voting members shall be elected
2582 officials of general-purpose local governments, one of whom may
2583 represent a group of general-purpose local governments through
2584 an entity created by an M.P.O. for that purpose. An M.P.O. may
2585 include, as part of its apportioned voting members, a member of
2586 a statutorily authorized planning board, an official of an
2587 agency that operates or administers a major mode of
2588 transportation, or an official of Space Florida. As used in this
2589 section, the term “elected officials of a general-purpose local
2590 government” excludes constitutional officers, including
2591 sheriffs, tax collectors, supervisors of elections, property
2592 appraisers, clerks of the court, and similar types of officials.
2593 County commissioners shall compose not less than 20 percent of
2594 the M.P.O. membership if an official of an agency that operates
2595 or administers a major mode of transportation has been appointed
2596 to an M.P.O.
2597 2. For an M.P.O. designated on or after July 1, 2018, as a
2598 result of a combination or merger of more than one individual
2599 M.P.O., the voting membership shall consist of at least five
2600 members, with the exact number determined on an equitable
2601 geographic-population ratio basis, based on an agreement among
2602 the affected units of general-purpose local government and the
2603 Governor, as required by federal regulations. In accordance with
2604 23 U.S.C. s. 134, the Governor may also allow M.P.O. members who
2605 represent municipalities to alternate with representatives from
2606 other municipalities within the metropolitan planning area which
2607 do not have members on the M.P.O. Voting members shall be
2608 elected officials of general-purpose local governments, one of
2609 whom may represent a group of general-purpose local governments
2610 through an entity created by an M.P.O. for that purpose. An
2611 M.P.O. may include, as part of its apportioned voting members, a
2612 member of a statutorily authorized planning board, an official
2613 of an agency that operates or administers a major mode of
2614 transportation, or an official of Space Florida.
2615
2616 For purposes of this section, the term “elected officials of a
2617 general-purpose local government” excludes constitutional
2618 officers, including sheriffs, tax collectors, supervisors of
2619 elections, property appraisers, clerks of the court, and similar
2620 types of officials.
2621 (b) In metropolitan areas in which authorities or other
2622 agencies have been or may be created by law to perform
2623 transportation functions and are or will be performing
2624 transportation functions that are not under the jurisdiction of
2625 a general-purpose local government represented on the M.P.O.,
2626 such authorities or other agencies may be provided voting
2627 membership on the M.P.O. In all other M.P.O.’s in which
2628 transportation authorities or agencies are to be represented by
2629 elected officials from general-purpose local governments, the
2630 M.P.O. shall establish a process by which the collective
2631 interests of such authorities or other agencies are expressed
2632 and conveyed.
2633 (c) Any other provision of this section to the contrary
2634 notwithstanding, a charter chartered county with a population of
2635 over 1 million population may elect to reapportion the
2636 membership of an M.P.O. if the M.P.O. whose jurisdiction is
2637 wholly within the county. The charter county may exercise the
2638 provisions of this paragraph if:
2639 1. The M.P.O. approves the reapportionment plan by a three
2640 fourths vote of its membership;
2641 2. The M.P.O. and the charter county determine that the
2642 reapportionment plan is needed to fulfill specific goals and
2643 policies applicable to that metropolitan planning area; and
2644 3. The charter county determines the reapportionment plan
2645 otherwise complies with all federal requirements pertaining to
2646 M.P.O. membership.
2647
2648 A Any charter county that elects to exercise the provisions of
2649 this paragraph shall notify the Governor in writing.
2650 (d) Any other provision of this section to the contrary
2651 notwithstanding, a any county as defined in s. 125.011(1)
2652 chartered under s. 6(e), Art. VIII of the State Constitution may
2653 elect to have its county commission serve as the M.P.O., if the
2654 M.P.O. jurisdiction is wholly contained within the county. Any
2655 charter county that elects to exercise the provisions of this
2656 paragraph shall so notify the Governor in writing. Upon receipt
2657 of such notification, the Governor must designate the county
2658 commission as the M.P.O. The Governor must appoint four
2659 additional voting members to the M.P.O., one of whom must be an
2660 elected official representing a municipality within the county,
2661 one of whom must be an expressway authority member, one of whom
2662 must be a person who does not hold elected public office and who
2663 resides in the unincorporated portion of the county, and one of
2664 whom must be a school board member.
2665 (4) APPORTIONMENT.—
2666 (b) Except for members who represent municipalities on the
2667 basis of alternating with representatives from other
2668 municipalities that do not have members on the M.P.O. as
2669 provided in paragraph (3)(a), the members of an M.P.O. shall
2670 serve 4-year terms. Members who represent municipalities on the
2671 basis of alternating with representatives from other
2672 municipalities that do not have members on the M.P.O. as
2673 provided in paragraph (3)(a) may serve terms of up to 4 years as
2674 further provided in the interlocal agreement described in
2675 paragraph (2)(b). The membership of a member who is a public
2676 official automatically terminates upon the member’s leaving his
2677 or her elective or appointive office for any reason, or may be
2678 terminated by a majority vote of the total membership of the
2679 entity’s governing board represented by the member. A vacancy
2680 shall be filled by the original appointing entity. A member may
2681 be reappointed for no more than two one or more additional 4
2682 year terms.
2683 Section 50. Notwithstanding any other provision of law to
2684 the contrary, by July 1, 2019, each metropolitan planning
2685 organization shall update its membership, interlocal agreement,
2686 governing documents, and any other relevant information to
2687 comply with changes made by this act to s. 339.175, Florida
2688 Statutes.
2689 Section 51. Section 328.80, Florida Statutes, is amended to
2690 read:
2691 328.80 Transactions by electronic or telephonic means.—
2692 (1) The Department of Highway Safety and Motor Vehicles may
2693 commission is authorized to accept any application provided for
2694 under this chapter by electronic or telephonic means.
2695 (2) The Department of Highway Safety and Motor Vehicles may
2696 issue an electronic certificate of registration in addition to
2697 printing a paper registration.
2698 (3) The Department of Highway Safety and Motor Vehicles may
2699 collect electronic mail addresses and use electronic mail in
2700 lieu of the United States Postal Service for the purpose of
2701 providing renewal notices.
2702 Section 52. Subsection (4) of section 328.48, Florida
2703 Statutes, is amended to read:
2704 328.48 Vessel registration, application, certificate,
2705 number, decal, duplicate certificate.—
2706 (4) Each certificate of registration issued shall state
2707 among other items the numbers awarded to the vessel, the hull
2708 identification number, the name and address of the owner, and a
2709 description of the vessel, except that certificates of
2710 registration for vessels constructed or assembled by the owner
2711 registered for the first time shall state all the foregoing
2712 information except the hull identification number. The numbers
2713 shall be placed on each side of the forward half of the vessel
2714 in such position as to provide clear legibility for
2715 identification, except, if the vessel is an airboat, the numbers
2716 may be placed on each side of the rudder. The numbers awarded to
2717 the vessel shall read from left to right and shall be in block
2718 characters of good proportion not less than 3 inches in height.
2719 The numbers shall be of a solid color which will contrast with
2720 the color of the background and shall be so maintained as to be
2721 clearly visible and legible; i.e., dark numbers on a light
2722 background or light numbers on a dark background. The
2723 certificate of registration shall be pocket-sized and shall be
2724 available for inspection on the vessel for which issued whenever
2725 such vessel is in operation. If the certificate of registration
2726 is not available for inspection on the vessel or is damaged or
2727 otherwise illegible, the operator may present for inspection an
2728 electronic device displaying an electronic certificate issued
2729 pursuant to s. 328.80. Such presentation does not constitute
2730 consent for inspection of any information on the device other
2731 than the displayed certificate. The person who presents the
2732 device for inspection assumes the liability for any resulting
2733 damage to the device.
2734 Section 53. Subsection (5) of section 338.166, Florida
2735 Statutes, is amended to read:
2736 338.166 High-occupancy toll lanes or express lanes.—
2737 (5) Effective July 1, 2018, If the a customer’s average
2738 travel speed for a segment of trip in an express lane falls
2739 below 40 miles per hour, the toll customer must be charged shall
2740 be the segment’s the minimum express lane toll. An express lane
2741 segment is the distance between the customer’s point of entry to
2742 the first available exit. Additional segments are defined by the
2743 distance between subsequent exits. A customer’s express lane
2744 average travel speed is his or her average travel speed from the
2745 customer’s entry point to the customer’s exit point.
2746 Section 54. Paragraphs (d) and (e) of subsection (1) of
2747 section 338.2216, Florida Statutes, are amended to read:
2748 338.2216 Florida Turnpike Enterprise; powers and
2749 authority.—
2750 (1)
2751 (d) The Florida Turnpike Enterprise shall pursue and
2752 implement new technologies and processes in its operations and
2753 collection of tolls and the collection of other amounts
2754 associated with road and infrastructure usage. Such technologies
2755 and processes must include, without limitation, video billing
2756 and variable pricing. The Florida Turnpike Enterprise may
2757 require the use of an electronic transponder interoperable with
2758 the department’s electronic toll collection system for the use
2759 of express lanes on the turnpike system. Variable pricing may
2760 not be implemented in express lanes when the level of service in
2761 the express lane, determined in accordance with the criteria
2762 established by the Transportation Research Board Highway
2763 Capacity Manual (5th Edition, HCM 2010), as amended from time to
2764 time, is equal to level of service A. Variable pricing in
2765 express lanes when the level of service in the express lane is
2766 level of service B may only be implemented by charging the
2767 segment’s general toll lane toll amount plus the segment’s
2768 minimum toll amount an amount set by department rule. An express
2769 lane segment is the distance between the customer’s point of
2770 entry to the first available exit. Additional segments are
2771 defined by the distance between subsequent exits. Except as
2772 otherwise provided in this subsection, pricing in express lanes
2773 when the level of service is other than level of service A or
2774 level of service B may vary in the manner established by the
2775 Florida Turnpike Enterprise to manage congestion in the express
2776 lanes.
2777 (e) Effective July 1, 2018, if a customer’s average travel
2778 speed for a trip in an express lane falls below 40 miles per
2779 hour, the customer must be charged the general toll lane toll
2780 amount plus an amount set by department rule. A customer’s
2781 express lane average travel speed is his or her average travel
2782 speed from the customer’s entry point to the customer’s exit
2783 point.
2784 Section 55. Section 334.352, Florida Statutes, is created
2785 to read:
2786 334.352 State university ingress and egress.—A local
2787 governmental entity may not prevent public motor vehicle use on
2788 or access to an existing transportation facility or
2789 transportation corridor as defined in s. 334.03 if that
2790 transportation facility or transportation corridor is the only
2791 point, or one of only two points, of ingress to and egress from
2792 a state university as defined in s. 1000.21. This section does
2793 not apply when a law enforcement agency prevents use or access
2794 to a facility or corridor in an emergency situation or to a
2795 temporary closure of a facility or corridor, if necessary, for
2796 road maintenance or repair.
2797 Section 56. Subsection (2) of section 338.222, Florida
2798 Statutes, is amended to read:
2799 338.222 Department of Transportation sole governmental
2800 entity to acquire, construct, or operate turnpike projects;
2801 exception.—
2802 (2) The department may, but is not required to, contract
2803 with any local governmental entity as defined in s. 334.03(13)
2804 for the design, right-of-way acquisition, transfer, purchase,
2805 sale, acquisition, or other conveyance of the ownership,
2806 operation, maintenance, or construction of any turnpike project
2807 which the Legislature has approved. Local governmental entities
2808 may negotiate and contract with the department for the design,
2809 right-of-way acquisition, transfer, purchase, sale, acquisition,
2810 or other conveyance of the ownership, operation, maintenance, or
2811 and construction of any section of the turnpike project within
2812 areas of their respective jurisdictions or within counties with
2813 which they have interlocal agreements. Any contract for the
2814 transfer, purchase, sale, acquisition, or other conveyance of
2815 the ownership, operation, or maintenance of a turnpike project
2816 or any part of the turnpike system to a local governmental
2817 entity must be specifically approved by the Legislature.
2818 Section 57. Subsection (1) of section 655.960, Florida
2819 Statutes, is amended to read:
2820 655.960 Definitions; ss. 655.960-655.965.—As used in this
2821 section and ss. 655.961-655.965, unless the context otherwise
2822 requires:
2823 (1) “Access area” means any paved walkway or sidewalk which
2824 is within 50 feet of any automated teller machine. The term does
2825 not include any street or highway open to the use of the public,
2826 as defined in s. 316.003(81)(a) s. 316.003(79)(a) or (b),
2827 including any adjacent sidewalk, as defined in s. 316.003.
2828 Section 58. Paragraph (a) of subsection (2) of section
2829 812.014, Florida Statutes, is amended to read:
2830 812.014 Theft.—
2831 (2)(a)1. If the property stolen is valued at $100,000 or
2832 more or is a semitrailer that was deployed by a law enforcement
2833 officer; or
2834 2. If the property stolen is cargo valued at $50,000 or
2835 more that has entered the stream of interstate or intrastate
2836 commerce from the shipper’s loading platform to the consignee’s
2837 receiving dock; or
2838 3. If the offender commits any grand theft and:
2839 a. In the course of committing the offense the offender
2840 uses a motor vehicle as an instrumentality, other than merely as
2841 a getaway vehicle, to assist in committing the offense and
2842 thereby damages the real property of another; or
2843 b. In the course of committing the offense the offender
2844 causes damage to the real or personal property of another in
2845 excess of $1,000; or
2846 4. If the property stolen is cargo and in the course of
2847 committing the offense the offender uses any type of device to
2848 defeat, block, disable, jam, or interfere with a global
2849 positioning system or similar system designed to identify the
2850 location of the cargo or the vehicle or trailer carrying the
2851 cargo,
2852
2853 the offender commits grand theft in the first degree, punishable
2854 as a felony of the first degree, as provided in s. 775.082, s.
2855 775.083, or s. 775.084.
2856 Section 59. The Department of Highway Safety and Motor
2857 Vehicles, in cooperation with the Florida Tax Collectors
2858 Association, shall undertake a review of the registration
2859 renewal period for heavy trucks weighing more than 5,000 pounds
2860 and less than 8,000 pounds. The department shall submit a report
2861 documenting the findings and recommendations of the review to
2862 the Governor, the President of the Senate, and the Speaker of
2863 the House of Representatives by December 31, 2018. As part of
2864 the review, the department shall include:
2865 (1) Options to allow owners of applicable heavy trucks to
2866 renew their registrations on their birth dates instead of
2867 December 31 of each year.
2868 (2) A plan for implementation of the revised renewal
2869 period, including the proration of registration renewal fees.
2870 (3) The estimated fiscal impact to state and local
2871 government associated with changes in the renewal period for
2872 applicable heavy trucks.
2873 (4) A plan to educate the motoring public about changes in
2874 the renewal period for applicable heavy trucks.
2875 Section 60. Florida Transportation Commission review;
2876 electric and hybrid vehicles report.—
2877 (1)(a) The Florida Transportation Commission shall review
2878 all sources of revenue for transportation infrastructure and
2879 maintenance projects and prepare a report to the Governor and
2880 the Legislature when the commission determines that electric
2881 vehicles, as defined in s. 320.01(36), Florida Statutes, and
2882 hybrid vehicles, as defined in s. 316.0741, Florida Statutes,
2883 make up 2 percent or more of the total number of vehicles
2884 registered in this state.
2885 (b) The commission, in consultation with the Department of
2886 Highway Safety and Motor Vehicles, may use commercially
2887 available data that the commission deems reliable to support its
2888 determination and report. The report must, at a minimum, assess
2889 the effect of projected electric and hybrid vehicle use in this
2890 state on future revenue from existing taxes, fees, and
2891 surcharges related to nonelectric, private-use motorcycles,
2892 mopeds, automobiles, tri-vehicles, and trucks.
2893 (c) The commission, in consultation with the Division of
2894 Emergency Management, shall also make an assessment of
2895 transportation infrastructure with respect to emergency
2896 evacuations and electric vehicles, including, but not limited
2897 to, the availability of electric vehicle charging stations in
2898 this state.
2899 (2) The report must include recommendations to the
2900 Legislature:
2901 (a) To ensure continued funding for necessary maintenance
2902 that provides for adequate levels of service on existing
2903 transportation infrastructure;
2904 (b) To accomplish improvements and capacity projects on
2905 transportation infrastructure which meet the demand from
2906 projected population and economic growth; and
2907 (c) To accomplish necessary improvements to transportation
2908 infrastructure that would support emergency evacuations by users
2909 of electric vehicles.
2910 (3) The report shall be submitted to the Governor and the
2911 Legislature no later than September 1 of the year immediately
2912 after the year in which the commission determines that electric
2913 vehicles, as defined in s. 320.01(36), Florida Statutes, and
2914 hybrid vehicles, as defined in s. 316.0741, Florida Statutes,
2915 make up 2 percent or more of the total number of vehicles
2916 registered in this state.
2917 (4) Notwithstanding any other provisions of this section,
2918 the commission may undertake and complete the review and report
2919 before the 2-percent threshold is reached if the commission
2920 finds that earlier completion is appropriate to maintain a
2921 financially stable, long-term transportation work program.
2922 Section 61. Section 205.055, Florida Statutes, is created
2923 to read:
2924 205.055 Exemptions; veterans, spouses of veterans and
2925 certain servicemembers, and low-income persons.—
2926 (1) The following persons are entitled to an exemption from
2927 a business tax and any fees imposed under this chapter:
2928 (a) A veteran of the United States Armed Forces who was
2929 honorably discharged upon separation from service, or the spouse
2930 or unremarried surviving spouse of such a veteran.
2931 (b) The spouse of an active duty military servicemember who
2932 has relocated to the county or municipality pursuant to a
2933 permanent change of station order.
2934 (c) A person who is receiving public assistance as defined
2935 in s. 409.2554.
2936 (d) A person whose household income is below 130 percent of
2937 the federal poverty level based on the current year’s federal
2938 poverty guidelines.
2939 (2) A person must complete and sign, under penalty of
2940 perjury, a Request for Fee Exemption to be furnished by the
2941 local governing authority and provide written documentation in
2942 support of his or her request for an exemption under subsection
2943 (1).
2944 (3) If a person who is exempt under subsection (1) owns a
2945 majority interest in a business with fewer than 100 employees,
2946 the business is exempt. Such person must complete and sign,
2947 under penalty of perjury, a Request for Fee Exemption to be
2948 furnished by the local governing authority and provide written
2949 documentation in support of his or her request for an exemption
2950 for the business under this subsection.
2951 Section 62. Section 205.171, Florida Statutes, is repealed.
2952 Section 63. Notwithstanding the provisions of this act, a
2953 municipality that imposes a business tax on merchants which is
2954 measured by gross receipts from the sale of merchandise or
2955 services, or both, may continue to impose such tax and may, by
2956 ordinance, revise the definition of the term “merchant.”
2957 However, the municipality may not revise the rate of the tax
2958 measured by gross sales.
2959 Section 64. Paragraph (b) of subsection (8) of section
2960 322.051, Florida Statutes, is amended to read:
2961 322.051 Identification cards.—
2962 (8)
2963 (b)1. The word “Veteran” must shall be exhibited on the
2964 identification card of a veteran upon the payment of an
2965 additional $1 fee for the identification card and the
2966 presentation of a copy of the person’s:
2967 a. DD Form 214, issued by the United States Department of
2968 Defense;
2969 b. Veteran health identification card, issued by the United
2970 States Department of Veterans Affairs;
2971 c. Veteran identification card, issued by the United States
2972 Department of Veterans Affairs pursuant to the Veterans
2973 Identification Card Act of 2015, Pub. L. 114-31; or
2974 d. Other another acceptable form specified by the
2975 Department of Veterans’ Affairs.
2976 2. Until a veteran’s identification card is next renewed,
2977 the veteran may have the word “Veteran” added to his or her
2978 identification card upon surrender of his or her current
2979 identification card, payment of a $2 fee to be deposited into
2980 the Highway Safety Operating Trust Fund, and presentation of any
2981 of the forms of identification specified in subparagraph 1 a
2982 copy of his or her DD Form 214 or another acceptable form
2983 specified by the Department of Veterans’ Affairs. If the
2984 applicant is not conducting any other transaction affecting the
2985 identification card, a replacement identification card must
2986 shall be issued with the word “Veteran” without payment of the
2987 fee required in s. 322.21(1)(f)3.
2988 Section 65. Paragraph (d) of subsection (1) of section
2989 322.14, Florida Statutes, is amended to read:
2990 322.14 Licenses issued to drivers.—
2991 (1)
2992 (d)1. The word “Veteran” must shall be exhibited on the
2993 driver license of a veteran upon the payment of an additional $1
2994 fee for the license and the presentation of a copy of the
2995 person’s:
2996 a. DD Form 214, issued by the United States Department of
2997 Defense;
2998 b. Veteran health identification card, issued by the United
2999 States Department of Veterans Affairs;
3000 c. Veteran identification card, issued by the United States
3001 Department of Veterans Affairs pursuant to the Veterans
3002 Identification Card Act of 2015, Pub. L. 114-31; or
3003 d. Other another acceptable form specified by the
3004 Department of Veterans’ Affairs.
3005 2. Until a veteran’s license is next renewed, the veteran
3006 may have the word “Veteran” added to his or her license upon
3007 surrender of his or her current license, payment of a $2 fee to
3008 be deposited into the Highway Safety Operating Trust Fund, and
3009 presentation of any of the forms of identification specified in
3010 subparagraph 1 a copy of his or her DD Form 214 or another
3011 acceptable form specified by the Department of Veterans’
3012 Affairs. If the applicant is not conducting any other
3013 transaction affecting the driver license, a replacement license
3014 must shall be issued with the word “Veteran” without payment of
3015 the fee required in s. 322.21(1)(e).
3016 Section 66. Paragraph (c) of subsection (1) of section
3017 322.135, Florida Statutes, is amended to read:
3018 322.135 Driver license agents.—
3019 (1) The department shall, upon application, authorize by
3020 interagency agreement any or all of the tax collectors who are
3021 constitutional officers under s. 1(d), Art. VIII of the State
3022 Constitution in the several counties of the state, subject to
3023 the requirements of law, in accordance with rules of the
3024 department, to serve as its agent for the provision of specified
3025 driver license services.
3026 (c) A service fee of $6.25 must shall be charged, in
3027 addition to the fees set forth in this chapter, for providing
3028 all services pursuant to this chapter. The service fee may not
3029 be charged:
3030 1. More than once per customer during a single visit to a
3031 tax collector’s office.
3032 2. For a reexamination requested by the Medical Advisory
3033 Board or required pursuant to s. 322.221.
3034 3. For a voter registration transaction.
3035 4. In violation of any federal or state law.
3036 5. To a veteran receiving any service pursuant to this
3037 chapter, upon presentation of a copy of the veteran’s:
3038 a. DD Form 214, issued by the United States Department of
3039 Defense;
3040 b. Veteran health identification card, issued by the United
3041 States Department of Veterans Affairs;
3042 c. Veteran identification card, issued by the United States
3043 Department of Veterans Affairs pursuant to the Veterans
3044 Identification Card Act of 2015, Pub. L. 114-31; or
3045 d. Other acceptable form specified by the Department of
3046 Veterans’ Affairs.
3047 Section 67. Except as otherwise expressly provided in this
3048 act, this act shall take effect October 1, 2018.
3049
3050 ================= T I T L E A M E N D M E N T ================
3051 And the title is amended as follows:
3052 Delete lines 136 - 154
3053 and insert:
3054 An act relating to transportation; amending s. 20.23,
3055 F.S.; requiring the Department of Transportation to
3056 consist of a central office that establishes policies
3057 and procedures and districts that carry out projects
3058 as authorized or required under the policies and
3059 procedures of the central office; requiring the
3060 secretary to be a registered professional engineer,
3061 hold an advanced degree in an appropriate related
3062 discipline, or have a specified number of years of
3063 relevant experience; amending s. 316.003, F.S.;
3064 revising and providing definitions; amending s.
3065 316.008, F.S.; authorizing a mobile carrier to be
3066 operated on sidewalks and crosswalks within a county
3067 or municipality when such use is permissible under
3068 federal law; providing construction; amending s.
3069 316.0895, F.S.; prohibiting the driver of a vehicle
3070 from following another vehicle more closely than is
3071 reasonable and prudent; providing construction;
3072 deleting a provision relating to prohibitions on
3073 certain vehicles following other vehicles within a
3074 specified distance; amending s. 316.0896, F.S.;
3075 authorizing the Department of Transportation, in
3076 consultation with the Department of Highway Safety and
3077 Motor Vehicles, to conduct an ongoing pilot project to
3078 test the use and safe operation of vehicles equipped
3079 with driver-assistive truck platooning technology upon
3080 the conclusion of a certain study; authorizing the
3081 Department of Transportation to conduct the pilot
3082 project in such a manner and at such locations as
3083 determined by the department based on any initial
3084 findings and recommendations resulting from the pilot
3085 program; requiring, before the start of the pilot
3086 project, manufacturers of driver-assistive truck
3087 platooning technology being commercially operated in
3088 the pilot project to submit to the Department of
3089 Highway Safety and Motor Vehicles an instrument of
3090 insurance, a surety bond, or proof of self-insurance
3091 acceptable to the department in a specified amount;
3092 requiring, after the initial phase of the pilot
3093 project, the Department of Transportation, in
3094 consultation with the Department of Highway Safety and
3095 Motor Vehicles, to submit a preliminary report by a
3096 specified date to the Governor and Legislature;
3097 requiring the Department of Transportation to continue
3098 the pilot program for a specified period, subject to
3099 certain requirements; requiring the Department of
3100 Transportation, in consultation with the Department of
3101 Highway Safety and Motor Vehicles, to submit a final
3102 report by a specified date, which describes the
3103 results of the study and any final findings or
3104 recommendations, to the Governor and Legislature;
3105 amending s. 316.2071, F.S.; authorizing a mobile
3106 carrier to operate on sidewalks and crosswalks;
3107 providing rights, duties, and requirements; amending
3108 s. 316.235, F.S.; authorizing a motor vehicle to be
3109 equipped with certain lamps or devices under certain
3110 circumstances; amending ss. 316.224 and 316.2397,
3111 F.S.; conforming cross-references; amending s.
3112 316.2397, F.S.; authorizing certain vehicles to
3113 display red and white lights; amending s. 316.2398,
3114 F.S.; authorizing certain vehicles to display red and
3115 white warning signals under certain circumstances;
3116 providing requirements and penalties; amending s.
3117 316.302, F.S.; revising regulations to which owners
3118 and drivers of commercial motor vehicles are subject;
3119 delaying the requirement for electronic logging
3120 devices and support documents for certain intrastate
3121 motor carriers; deleting a limitation on a civil
3122 penalty for falsification of certain time records;
3123 deleting a requirement that a motor carrier maintain
3124 certain documentation of driving times; providing an
3125 exemption from specified provisions for a person who
3126 operates a commercial motor vehicle with a certain
3127 gross vehicle weight, gross vehicle weight rating, and
3128 gross combined weight rating; deleting the exemption
3129 from such provisions for a person transporting
3130 petroleum products; amending s. 316.303, F.S.;
3131 exempting an operator in a platoon from the
3132 prohibition against active display of television or
3133 video; amending s. 316.515, F.S.; revising length and
3134 load extension limitations for stinger-steered
3135 automobile transporters; authorizing automobile
3136 transporters to backhaul certain cargo or freight
3137 under certain circumstances; authorizing an unladen
3138 power unit to tow a certain combination of trailers or
3139 semitrailers under certain circumstances; amending s.
3140 316.85, F.S.; authorizing the Florida Turnpike
3141 Enterprise and certain authorities to fund, construct,
3142 and operate facilities for the advancement of
3143 autonomous and connected innovative transportation
3144 technology solutions for certain purposes; amending s.
3145 316.87, F.S.; authorizing Medicaid nonemergency
3146 transportation services to be provided to a Medicaid
3147 beneficiary by certain transportation network
3148 companies or transportation brokers; requiring the
3149 Agency for Health Care Administration to update the
3150 Non-Emergency Transportation Services Coverage Policy
3151 by a specified date; providing that the requirements
3152 for transportation network companies and
3153 transportation network company drivers may not exceed
3154 specified requirements, except as necessary to conform
3155 to federal Medicaid transportation requirements
3156 administered by the agency; providing construction;
3157 amending s. 318.14, F.S.; revising the number of times
3158 certain persons may elect to attend a basic driver
3159 improvement course; amending s. 319.141, F.S.;
3160 revising the definition of the term “rebuilt
3161 inspection services”; deleting obsolete language;
3162 requiring the Department of Highway Safety and Motor
3163 Vehicles to ensure that an applicant of the pilot
3164 rebuilt motor vehicle inspection program meets certain
3165 criteria before the applicant is approved or renewed;
3166 requiring the operator of a facility to annually make
3167 certain attestations; prohibiting a program
3168 participant from conducting an inspection of a vehicle
3169 rebuilt before its purchase by the current applicant;
3170 requiring that such vehicles be inspected by the
3171 department; requiring any applicant that fails an
3172 initial rebuilt inspection to have that vehicle
3173 reinspected only by the department or the facility
3174 that conducted the original inspection; prohibiting
3175 any person or business authorized by the department to
3176 train, certify, or recertify operators and inspectors
3177 of private rebuilt motor vehicle inspection facilities
3178 from certifying or recertifying itself or any of its
3179 employees; requiring the department to conduct an
3180 onsite facility inspection at least twice a year;
3181 requiring a current operator to give the department
3182 certain notice of a transfer before any transfer of a
3183 rebuilt inspection facility; requiring a transferee to
3184 meet certain eligibility requirements and execute a
3185 new memorandum of understanding with the department
3186 before operating the facility; revising the date of
3187 repeal; requiring the department to submit a written
3188 report to the Governor and Legislature; amending s.
3189 320.01, F.S.; revising definitions; amending s.
3190 320.02, F.S.; requiring the application form for motor
3191 vehicle registration and renewal of registration to
3192 include an option to make a voluntary contribution to
3193 the Alzheimer’s Association, Inc.; exempting a mobile
3194 carrier from certain registration and insurance
3195 requirements; amending s. 320.06, F.S.; providing for
3196 future repeal of issuance of a certain annual license
3197 plate and cab card to a vehicle that has an
3198 apportioned registration; revising information
3199 required to appear on the cab card; providing
3200 requirements for license plates, cab cards, and
3201 validation stickers for vehicles registered in
3202 accordance with the International Registration Plan;
3203 authorizing a damaged or worn license plate to be
3204 replaced at no charge under certain circumstances;
3205 providing an exception to the design of dealer license
3206 plates; amending s. 320.0605, F.S.; requiring that a
3207 certain electronic copy of a registration certificate
3208 and an electronic copy of rental or lease
3209 documentation issued for a motor vehicle or issued for
3210 a replacement vehicle in the same registration period
3211 be in the possession of the operator or be carried in
3212 the vehicle for which it is issued and be exhibited
3213 upon demand of any authorized law enforcement officer
3214 or any agent of the department; specifying that the
3215 act of presenting to a law enforcement officer or
3216 agent of the department an electronic device
3217 displaying an electronic copy of a registration
3218 certificate or rental or lease documentation does not
3219 constitute consent for the officer or agent to access
3220 any information on the device other than the displayed
3221 certificate or documentation; requiring the person who
3222 presents the device to the officer or agent to assume
3223 the liability for any resulting damage to the device;
3224 providing that rental or lease documentation that
3225 includes the date and time of rental is sufficient to
3226 satisfy a specified requirement; amending s. 320.0607,
3227 F.S.; providing an exemption from a certain fee for
3228 vehicles registered under the International
3229 Registration Plan; amending s. 320.0657, F.S.;
3230 providing an exception to the design of fleet license
3231 plates; authorizing fleet companies to purchase
3232 specialty license plates in lieu of standard fleet
3233 license plates; requiring fleet companies to be
3234 responsible for certain costs; amending s. 320.08,
3235 F.S.; authorizing dealers to purchase specialty
3236 license plates in lieu of standard graphic dealer
3237 license plates; requiring dealers to be responsible
3238 for certain costs; amending s. 320.08053, F.S.;
3239 revising presale requirements for issuance of a
3240 specialty license plate; amending s. 320.08056, F.S.;
3241 allowing the department to authorize dealer and fleet
3242 specialty license plates; providing requirements for
3243 such plates; deleting certain specialty license
3244 plates; establishing an annual use fee for certain
3245 specialty license plates; revising provisions for
3246 discontinuing issuance of a specialty license plate;
3247 revising applicability; prohibiting use fees received
3248 by any entity from being used for certain purposes;
3249 requiring certain organizations to establish
3250 endowments based in this state for providing
3251 scholarships to Florida residents and to provide
3252 documentation of consent to use certain images;
3253 amending s. 320.08058, F.S.; authorizing the
3254 department to consult with the University of Central
3255 Florida for certain purposes; revising the design of
3256 certain specialty license plates; deleting certain
3257 specialty license plates; revising the distribution of
3258 annual use fees for certain specialty license plates;
3259 directing the department to develop certain specialty
3260 license plates; providing for distribution and use of
3261 fees collected from the sale of the plates; amending
3262 s. 320.08062, F.S.; directing the department to audit
3263 certain organizations that receive funds from the sale
3264 of specialty license plates; amending s. 320.08068,
3265 F.S.; requiring distribution of a specified percentage
3266 of motorcycle specialty license plate annual use fees
3267 to Preserve Vision Florida; amending s. 320.0807,
3268 F.S.; repealing provisions relating to special license
3269 plates for certain federal and state legislators;
3270 creating s. 320.0875, F.S.; providing for a special
3271 motorcycle license plate to be issued to a recipient
3272 of the Purple Heart; providing requirements for the
3273 plate; amending s. 320.089, F.S.; providing for a
3274 special license plate to be issued to a recipient of
3275 the Bronze Star; amending s. 320.131, F.S.;
3276 authorizing, beginning on a specified date, the
3277 department to partner with a county tax collector to
3278 conduct a Fleet Vehicle Temporary Tag pilot program,
3279 subject to certain requirements; providing for future
3280 repeal; amending s. 320.95, F.S.; allowing the
3281 department to authorize issuance of an electronic
3282 certificate of registration; authorizing such
3283 certificate to be presented for inspection; providing
3284 construction; providing for liability for any damage
3285 to the device that displays the certificate; providing
3286 for distribution of certain annual use fees withheld
3287 by the department; amending s. 322.01, F.S.; revising
3288 and providing definitions; amending s. 322.032, F.S.;
3289 directing the department to implement protocols for
3290 issuing an optional electronic credential and procure
3291 a related technology solution; providing requirements
3292 for qualified entities; requiring the department to
3293 maintain certain protocols and national standards;
3294 requiring the department to timely review and approve
3295 all electronic credential provider requests for
3296 authorized access to certain interfaces that meet the
3297 department’s requirements; providing requirements for
3298 an electronic credential provider and the electronic
3299 credential and verification solution; requiring the
3300 department to procure electronic credential providers
3301 and a credential service provider; requiring the
3302 department to enter into specified agreements with
3303 electronic credential providers; requiring a report to
3304 the Legislature and the Governor; requiring that the
3305 department provide electronic credential providers
3306 access to a standardized digital transaction process
3307 that has specified capabilities; requiring that
3308 certain revenue be deposited into the Motor Vehicle
3309 License Clearing Trust Fund for distribution;
3310 authorizing the department to assess a competitive
3311 market rate fee structure; prohibiting certain fees;
3312 requiring that an electronic credential be in a format
3313 that allows certain entities to verify the
3314 authenticity of such electronic credential and to
3315 validate certain privileges; providing that presenting
3316 an electronic device displaying an electronic
3317 credential does not constitute consent for a law
3318 enforcement officer to access any other information on
3319 such device; providing for the assumption of
3320 liability; amending s. 322.059, F.S.; conforming a
3321 provision to changes made by the act; amending s.
3322 322.09, F.S.; providing that a caregiver who signs a
3323 learner’s driver license of a minor in foster care
3324 does not assume any obligation or liability for
3325 damages under certain circumstances; requiring a
3326 caseworker to notify the caregiver of his or her
3327 intent to sign and verify such application before
3328 signing the application; amending s. 322.143, F.S.;
3329 revising the definition of the term “swipe”; amending
3330 s. 322.15, F.S.; conforming a provision to changes
3331 made by the act; amending s. 322.38, F.S.; revising
3332 requirements for renting a motor vehicle to another
3333 person; amending s. 322.61, F.S.; conforming a cross
3334 reference; amending s. 324.021, F.S.; conforming
3335 provisions to changes made by the act; amending s.
3336 324.031, F.S.; authorizing the owner or operator of a
3337 taxicab, limousine, jitney, or any other for-hire
3338 passenger transportation vehicle to prove financial
3339 responsibility by providing satisfactory evidence of
3340 holding a motor vehicle liability policy that is
3341 provided by an insurer that is authorized to do
3342 business in this state and is a member of the Florida
3343 Insurance Guaranty Association or an eligible
3344 nonadmitted insurer that has a certain financial
3345 strength rating by a rating agency acceptable to the
3346 Office of Insurance Regulation of the Financial
3347 Services Commission; amending s. 324.032, F.S.;
3348 decreasing the minimum amount of taxicabs, limousines,
3349 jitneys, or any other for-hire passenger
3350 transportation vehicles that an owner or a lessee
3351 operates in order to be able to provide financial
3352 responsibility by complying with specified provisions,
3353 subject to certain requirements; amending s. 339.175,
3354 F.S.; providing voting membership requirements for
3355 certain metropolitan planning organizations designated
3356 on or after a specified date; revising provisions
3357 relating to the reapportionment of members; requiring
3358 metropolitan planning organizations to comply with
3359 certain provisions by a specified date; amending s.
3360 328.80, F.S.; authorizing the department to issue an
3361 electronic certificate of registration for a vessel,
3362 to collect electronic mail addresses, and to use
3363 electronic mail for certain purposes; amending s.
3364 328.48, F.S.; authorizing a vessel operator to present
3365 such electronic certificate for inspection under
3366 certain circumstances; providing construction;
3367 providing that the person presenting the device
3368 assumes the liability for any resulting damage to the
3369 device; amending s. 338.166, F.S.; establishing toll
3370 amounts charged on segments of an express lane when
3371 the average travel speed falls below a certain speed;
3372 defining the term “segment”; amending s. 338.2216,
3373 F.S.; revising requirements for variable pricing in
3374 certain express lanes; defining the term “segment”;
3375 deleting provisions relating to toll amounts to be
3376 charged after a certain date; creating s. 334.352,
3377 F.S.; prohibiting a local governmental entity from
3378 preventing motor vehicle access to a transportation
3379 facility or transportation corridor under certain
3380 circumstances; providing applicability; amending s.
3381 338.222, F.S.; revising provisions relating to
3382 contracting and negotiation between the Department of
3383 Transportation and local governmental entities for
3384 acquisition, construction, or operation of turnpike
3385 projects; requiring any contract for the transfer,
3386 purchase, sale, acquisition, or other conveyance of
3387 the ownership, operation, or maintenance of a turnpike
3388 project to a local governmental entity to be
3389 specifically approved by the Legislature; amending s.
3390 655.960, F.S.; conforming a cross-reference; amending
3391 s. 812.014, F.S.; providing a criminal penalty for an
3392 offender committing grand theft who uses a device to
3393 interfere with a global positioning or similar system;
3394 requiring the Department of Highway Safety and Motor
3395 Vehicles to review the registration period of certain
3396 heavy trucks; requiring a report to the Governor and
3397 Legislature; providing review requirements; requiring
3398 the Florida Transportation Commission to review all
3399 sources of revenue for transportation infrastructure
3400 and maintenance projects and prepare a report to the
3401 Governor and the Legislature when the commission
3402 determines that electric and hybrid vehicles make up a
3403 certain percentage or more of the total number of
3404 vehicles registered in this state; authorizing the
3405 commission, in consultation with the Department of
3406 Highway Safety and Motor Vehicles, to use certain
3407 commercially available data; providing minimum
3408 reporting requirements; requiring the commission, in
3409 consultation with the Division of Emergency
3410 Management, to make an assessment of transportation
3411 infrastructure with respect to emergency evacuations
3412 and electric vehicles; specifying requirements for the
3413 report; requiring the report to be submitted to the
3414 Governor and the Legislature no later than a certain
3415 date; authorizing the commission to undertake and
3416 complete the review before the specified percentage
3417 threshold is reached, under certain circumstances;
3418 creating s. 205.055, F.S.; exempting certain persons
3419 and businesses from business taxes and fees; providing
3420 requirements for applying for such exemption;
3421 repealing s. 205.171, F.S., relating to exemptions
3422 allowed for disabled veterans of any war or their
3423 unremarried spouses; authorizing municipalities that
3424 impose certain business taxes on merchants to continue
3425 to impose such taxes; authorizing such municipalities
3426 to revise the definition of the term “merchant”;
3427 amending ss. 322.051 and 322.14, F.S.; deleting fees
3428 for adding the word “Veteran” to an identification
3429 card or driver license; revising acceptable forms of
3430 identification required for such addition; amending s.
3431 322.135, F.S.; prohibiting tax collectors from
3432 charging certain driver license service fees to
3433 veterans who present specified forms of
3434 identification; providing effective dates.