Florida Senate - 2018 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1104
Ì472918FÎ472918
576-03255-18
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Transportation, Tourism, and
Economic Development)
1 A bill to be entitled
2 An act relating to transportation; amending s.
3 316.003, F.S.; adding, deleting, and revising
4 definitions; amending s. 316.008, F.S.; authorizing a
5 mobile carrier to be operated on sidewalks and
6 crosswalks within a county or municipality when such
7 use is permissible under federal law; providing
8 construction; repealing s. 316.0895(2), F.S., relating
9 to prohibitions on certain vehicles following another
10 vehicles within 300 feet; repealing s. 316.0896, F.S.,
11 relating to the assistive truck platooning technology
12 pilot project; creating s. 316.0897, F.S.; exempting
13 the operator of a nonlead vehicle in a platoon from a
14 specified provision; authorizing a platoon to be
15 operated on a roadway in this state after an operator
16 provides notification to the Department of
17 Transportation and the Department of Highway Safety
18 and Motor Vehicles; amending s. 316.2071, F.S.;
19 authorizing a mobile carrier to operate on sidewalks
20 and crosswalks; providing that a mobile carrier
21 operating on a sidewalk or crosswalk has all the
22 rights and duties applicable to a pedestrian under the
23 same circumstances, except that the mobile carrier
24 must not unreasonably interfere with pedestrians or
25 traffic and must yield the right-of-way to pedestrians
26 on the sidewalk or crosswalk; specifying requirements
27 for a mobile carrier; prohibiting a mobile carrier
28 from taking specified actions; amending s. 316.302,
29 F.S.; revising regulations to which owners and drivers
30 of commercial motor vehicles are subject; delaying the
31 requirement for electronic logging devices and support
32 documents for certain intrastate motor carriers;
33 deleting a limitation on a civil penalty for
34 falsification of certain time records; deleting a
35 requirement that a motor carrier maintain certain
36 documentation of driving times; providing an exemption
37 from specified provisions for a person who operates a
38 commercial motor vehicle having a certain gross
39 vehicle weight, gross vehicle weight rating, and gross
40 combined weight rating; deleting the exemption from
41 such provisions for a person transporting petroleum
42 products; amending s. 316.303, F.S.; conforming a
43 provision to changes made by the act; amending s.
44 316.85, F.S.; authorizing the Florida Turnpike
45 Enterprise to fund, construct, and operate test
46 facilities for the advancement of autonomous and
47 connected innovative transportation technology
48 solutions for specified purposes; amending s. 319.141,
49 F.S.; redefining the term “rebuilt inspection
50 services”; deleting obsolete language; requiring the
51 Department of Highway Safety and Motor Vehicles to
52 ensure that an applicant of the pilot rebuilt motor
53 vehicle inspection program meets basic criteria
54 designed to protect the public before the applicant is
55 renewed; revising requirements for the applicant;
56 requiring the operator of a facility to annually make
57 certain attestations; prohibiting a program
58 participant from conducting an inspection of a vehicle
59 rebuilt before its purchase by the current applicant;
60 requiring that such vehicles be inspected by the
61 department; requiring any applicant that fails an
62 initial rebuilt inspection to have that vehicle
63 reinspected only by the department or the facility
64 that conducted the original inspection; prohibiting
65 any person or business authorized by the department to
66 train, certify, or recertify operators and inspectors
67 of private rebuilt motor vehicle inspection facilities
68 from certifying or recertifying themselves or any of
69 their employees; requiring the department to conduct
70 an onsite facility inspection at least twice a year;
71 requiring a current operator to give the department
72 certain notice of a transfer before any transfer of a
73 rebuilt inspection facility; requiring a transferee to
74 meet certain eligibility requirements and execute a
75 new memorandum of understanding with the department
76 before operating the facility; extending the date for
77 future repeal of this section; requiring the
78 department to submit a certain written report to the
79 Governor and Cabinet on or before a specified date;
80 amending s. 319.32, F.S.; prohibiting the department
81 and the tax collector from charging any fee or service
82 charge, except for the expedited title fee, if
83 applicable, for a certificate of title issued for a
84 motor vehicle to transfer the title from a deceased
85 owner to a surviving spouse or any surviving next of
86 kin under certain circumstances; defining the term
87 “next of kin”; amending s. 320.01, F.S.; revising
88 definitions; amending s. 320.02, F.S.; providing that
89 a mobile carrier is not required to satisfy specified
90 registration and insurance requirements; amending s.
91 320.03, F.S.; preempting to the state jurisdiction
92 over the electronic filing system for use by
93 authorized electronic filing system agents to process
94 title transactions, derelict motor vehicle
95 certificates, and certain certificates of destruction
96 for derelict and salvage motor vehicles; authorizing
97 an entity that, in the normal course of its business,
98 processes title transactions, derelict motor vehicle
99 certificates, or certain certificates of destruction
100 for derelict or salvage motor vehicles and meets all
101 established requirements to be an authorized
102 electronic filing system agent; prohibiting such an
103 entity from being precluded from participating in the
104 electronic filing system in any county; deleting
105 provisions requiring the department to adopt certain
106 rules to replace specified program standards;
107 requiring the department to adopt certain rules;
108 amending s. 320.06, F.S.; requiring a vehicle that has
109 an apportioned registration to be issued, before a
110 specified date, an annual license plate and a cab card
111 denoting the declared gross vehicle weight; providing
112 requirements, beginning on a specified date, for
113 license plates, cab cards, and validation stickers for
114 vehicles registered in accordance with the
115 International Registration Plan; providing a specified
116 fee for initial and renewed validation stickers;
117 requiring the fee to be deposited into the Highway
118 Safety Operating Trust Fund; authorizing a damaged or
119 worn license plate to be replaced at no charge under
120 certain circumstances; providing an exception to the
121 design of dealer license plates for specialty license
122 plates; amending s. 320.0605, F.S.; authorizing an
123 official copy of a registration certificate to be in
124 an electronic format and authorizing an electronic
125 copy of certain rental or lease documentation to be in
126 the possession of the operator or to be carried in the
127 vehicle for which issued and to be exhibited upon
128 demand of any authorized law enforcement officer or
129 any agent of the department; specifying that the act
130 of presenting to a law enforcement officer or agent of
131 the department an electronic device displaying an
132 electronic copy of rental or lease documentation does
133 not constitute consent for the officer or agent to
134 access any information on the device other than the
135 displayed rental or lease documentation; requiring the
136 person who presents the device to the officer or agent
137 to assume the liability for any resulting damage to
138 the device; providing that rental or lease
139 documentation that includes the date and time of
140 rental is sufficient to satisfy a specified
141 requirement; amending s. 320.0607, F.S.; providing an
142 exemption, beginning on a specified date, from a
143 certain fee for vehicles registered under the
144 International Registration Plan; amending s. 320.0657,
145 F.S.; providing an exception to the design of fleet
146 license plates for specialty license plates;
147 authorizing fleet companies to purchase specialty
148 license plates in lieu of the standard fleet license
149 plates for additional specified fees; requiring fleet
150 companies to be responsible for all costs associated
151 with the specialty license plate; amending s. 320.08,
152 F.S.; authorizing dealers to purchase specialty
153 license plates in lieu of the standard graphic dealer
154 license plates for additional specified fees;
155 requiring dealers to be responsible for all costs
156 associated with the specialty license plate; amending
157 s. 320.08056, F.S.; allowing the department to
158 authorize dealer and fleet specialty license plates;
159 authorizing a dealer or fleet company to purchase
160 specialty license plates to be used on dealer and
161 fleet vehicles with the permission of the sponsoring
162 specialty license plate organization; requiring a
163 dealer or fleet specialty license plate to include
164 specified letters on the right side of the license
165 plate; requiring dealer and fleet specialty license
166 plates to be ordered directly through the department;
167 amending s. 320.131, F.S.; authorizing, beginning on a
168 specified date, the department to partner with a
169 county tax collector to conduct a Fleet Vehicle
170 Temporary Tag pilot program, subject to certain
171 requirements; providing for future repeal; amending s.
172 322.01, F.S.; providing definitions; amending s.
173 322.032, F.S.; directing the department to implement
174 protocols for issuing an optional electronic
175 credential and to procure a certain related technology
176 solution, subject to certain requirements; providing
177 requirements for the electronic credential and
178 verification solution; directing the department to
179 procure one or more electronic credential providers
180 through a competitive solicitation process to develop
181 and implement a secure electronic credential system;
182 requiring the department to maintain certain protocols
183 and national standards; requiring the department to
184 timely review and approve all electronic credential
185 provider requests for authorized access to certain
186 interfaces which meet the agency’s requirements;
187 authorizing the department to assess a fee; requiring
188 the department to provide access to a certain
189 standardized digital transaction process for use by
190 the approved electronic credential providers of
191 compliant electronic credentials, subject to certain
192 requirements; requiring any revenue generated from the
193 electronic credential system to be collected by the
194 department and distributed pursuant to a legislative
195 appropriation and department agreements with the
196 electronic credential providers of the electronic
197 credential; providing that any revenues shared between
198 the state and electronic credential providers is based
199 solely on revenues derived from the purchase of the
200 optional electronic credential and no other
201 transaction; requiring the department to enter into
202 certain agreements with electronic credential
203 providers; requiring that an electronic credential be
204 in a format that allows certain entities to verify its
205 authenticity and the identity of the credential holder
206 and to validate certain privileges; providing that
207 presenting an electronic device displaying an
208 electronic credential does not constitute consent for
209 a law enforcement officer to access any other
210 information on such device; providing that the person
211 who presents the device to the officer assumes
212 liability for any resulting damage to the device;
213 conforming provisions to changes made by the act;
214 amending s. 322.059, F.S.; conforming a provision to
215 changes made by the act; amending s. 322.143, F.S.;
216 revising a definition; amending s. 322.15, F.S.;
217 conforming a provision to changes made by the act;
218 amending s. 322.38, F.S.; prohibiting a person from
219 renting a motor vehicle to another until he or she has
220 verified that the driver license of the person to whom
221 the vehicle is rented is unexpired; deleting the
222 requirement that a person renting a motor vehicle to
223 another keep a record of the date when the license of
224 the person to whom the vehicle is rented was issued;
225 specifying that a rental car company is deemed to have
226 met specified requirements when the rental car company
227 requires the renter to verify that he or she is duly
228 licensed and that the license is unexpired if the
229 rental car company rents a motor vehicle to a person
230 through certain digital, electronic, or other means;
231 specifying when such verification may occur; amending
232 s. 322.61, F.S.; conforming a cross-reference;
233 amending s. 324.021, F.S.; revising the definition of
234 the term “motor vehicle”; amending s. 655.960, F.S.;
235 conforming a cross-reference; amending s. 812.014,
236 F.S.; providing a criminal penalty for an offender
237 committing grand theft who uses a device to interfere
238 with a global positioning or similar system; providing
239 effective dates.
240
241 Be It Enacted by the Legislature of the State of Florida:
242
243 Section 1. Subsection (20) of section 316.003, Florida
244 Statutes, is amended, present subsections (21) through (37) of
245 that section are redesignated as subsections (20) through (36),
246 respectively, new subsections (37) and (52) are added to that
247 section, present subsections (52) through (99) of that section
248 are redesignated as subsections (53) through (100),
249 respectively, and subsections (40) and (51) and present
250 subsections (57) and (97) of that section are amended, to read:
251 316.003 Definitions.—The following words and phrases, when
252 used in this chapter, shall have the meanings respectively
253 ascribed to them in this section, except where the context
254 otherwise requires:
255 (20) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
256 automation and safety technology that integrates sensor array,
257 wireless vehicle-to-vehicle communications, active safety
258 systems, and specialized software to link safety systems and
259 synchronize acceleration and braking between two vehicles while
260 leaving each vehicle’s steering control and systems command in
261 the control of the vehicle’s driver in compliance with the
262 National Highway Traffic Safety Administration rules regarding
263 vehicle-to-vehicle communications.
264 (37) MOBILE CARRIER.—An electrically powered device that:
265 (a) Is operated on sidewalks and crosswalks and is intended
266 primarily for transporting property;
267 (b) Weighs less than 80 pounds, excluding cargo;
268 (c) Has a maximum speed of 12.5 mph; and
269 (d) Is equipped with a technology to transport personal
270 property with the active monitoring of a property owner, and
271 primarily designed to remain within 25 feet of the property
272 owner.
273
274 A mobile carrier is not considered a vehicle or personal
275 delivery device unless expressly defined by law as a vehicle or
276 personal delivery device.
277 (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
278 self-propelled vehicle not operated upon rails or guideway, but
279 not including any bicycle, motorized scooter, electric personal
280 assistive mobility device, mobile carrier, personal delivery
281 device, swamp buggy, or moped. For purposes of s. 316.1001,
282 “motor vehicle” has the same meaning as provided in s.
283 320.01(1)(a).
284 (51) PERSONAL DELIVERY DEVICE.—An electrically powered
285 device that:
286 (a) Is operated on sidewalks and crosswalks and intended
287 primarily for transporting property;
288 (b) Weighs less than 100 80 pounds, excluding cargo;
289 (c) Has a maximum speed of 10 miles per hour; and
290 (d) Is equipped with technology to allow for operation of
291 the device with or without the active control or monitoring of a
292 natural person.
293
294 A personal delivery device is not considered a vehicle unless
295 expressly defined by law as a vehicle. A mobile carrier is not
296 considered a personal delivery device.
297 (52) PLATOON.—A group of individual motor vehicles
298 traveling in a unified manner at electronically coordinated
299 speeds and following distances.
300 (58)(57) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
301 provided in paragraph (80)(b) (79)(b), any privately owned way
302 or place used for vehicular travel by the owner and those having
303 express or implied permission from the owner, but not by other
304 persons.
305 (98)(97) VEHICLE.—Every device in, upon, or by which any
306 person or property is or may be transported or drawn upon a
307 highway, except personal delivery devices, mobile carriers, and
308 devices used exclusively upon stationary rails or tracks.
309 Section 2. Paragraph (b) of subsection (7) of section
310 316.008, Florida Statutes, is amended to read:
311 316.008 Powers of local authorities.—
312 (7)
313 (b)1. Except as provided in subparagraph 2., a personal
314 delivery device and a mobile carrier may be operated on
315 sidewalks and crosswalks within a county or municipality when
316 such use is permissible under federal law. This paragraph does
317 not restrict a county or municipality from otherwise adopting
318 regulations for the safe operation of personal delivery devices
319 and mobile carriers.
320 2. A personal delivery device may not be operated on the
321 Florida Shared-Use Nonmotorized Trail Network created under s.
322 339.81 or components of the Florida Greenways and Trails System
323 created under chapter 260.
324 Section 3. Subsection (2) of section 316.0895, Florida
325 Statutes, is repealed.
326 Section 4. Section 316.0896, Florida Statutes, is repealed.
327 Section 5. Section 316.0897, Florida Statutes, is created
328 to read:
329 316.0897 Platoons.—
330 (1) Section 316.0895 does not apply to the operator of a
331 nonlead vehicle in a platoon, as defined in s. 316.003.
332 (2) A platoon may be operated on a roadway in this state
333 after an operator provides notification to the Department of
334 Transportation and the Department of Highway Safety and Motor
335 Vehicles.
336 Section 6. Section 316.2071, Florida Statutes, is amended
337 to read:
338 316.2071 Personal delivery devices and mobile carriers.—
339 (1) Notwithstanding any provision of law to the contrary, a
340 personal delivery device or mobile carrier may operate on
341 sidewalks and crosswalks, subject to s. 316.008(7)(b). A
342 personal delivery device or mobile carrier operating on a
343 sidewalk or crosswalk has all the rights and duties applicable
344 to a pedestrian under the same circumstances, except that the
345 personal delivery device or mobile carrier must not unreasonably
346 interfere with pedestrians or traffic and must yield the right
347 of-way to pedestrians on the sidewalk or crosswalk.
348 (2) A personal delivery device and a mobile carrier must:
349 (a) Obey all official traffic and pedestrian control
350 signals and devices.
351 (b) For personal delivery devices, include a plate or
352 marker that has a unique identifying device number and
353 identifies the name and contact information of the personal
354 delivery device operator.
355 (c) Be equipped with a braking system that, when active or
356 engaged, enables the personal delivery device or mobile carrier
357 to come to a controlled stop.
358 (3) A personal delivery device and a mobile carrier may
359 not:
360 (a) Operate on a public highway except to the extent
361 necessary to cross a crosswalk.
362 (b) Operate on a sidewalk or crosswalk unless the personal
363 delivery device operator is actively controlling or monitoring
364 the navigation and operation of the personal delivery device or
365 a property owner remains within 25 feet of the mobile carrier.
366 (c) Transport hazardous materials as defined in s. 316.003.
367 (4) A person who owns and operates a personal delivery
368 device in this state must maintain an insurance policy, on
369 behalf of himself or herself and his or her agents, which
370 provides general liability coverage of at least $100,000 for
371 damages arising from the combined operations of personal
372 delivery devices under the entity’s or agent’s control.
373 Section 7. Subsection (1) and paragraphs (a), (c), (d), and
374 (f) of subsection (2) of section 316.302, Florida Statutes, are
375 amended to read:
376 316.302 Commercial motor vehicles; safety regulations;
377 transporters and shippers of hazardous materials; enforcement.—
378 (1) Except as otherwise provided in subsection (3):
379 (a) All owners and drivers of commercial motor vehicles
380 that are operated on the public highways of this state while
381 engaged in interstate commerce are subject to the rules and
382 regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
383 (b) Except as otherwise provided in this section, all
384 owners or drivers of commercial motor vehicles that are engaged
385 in intrastate commerce are subject to the rules and regulations
386 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
387 the exception of 49 C.F.R. s. 390.5 as it relates to the
388 definition of bus, as such rules and regulations existed on
389 December 31, 2017 2012.
390 (c) The emergency exceptions provided by 49 C.F.R. s.
391 392.82 also apply to communications by utility drivers and
392 utility contractor drivers during a Level 1 activation of the
393 State Emergency Operations Center, as provided in the Florida
394 Comprehensive Emergency Management plan, or during a state of
395 emergency declared by executive order or proclamation of the
396 Governor.
397 (d) Except as provided in s. 316.215(5), and except as
398 provided in s. 316.228 for rear overhang lighting and flagging
399 requirements for intrastate operations, the requirements of this
400 section supersede all other safety requirements of this chapter
401 for commercial motor vehicles.
402 (e) For motor carriers engaged in intrastate commerce who
403 are not carrying hazardous materials in amounts that require
404 placards, the requirement for electronic logging devices and
405 hours of service support documents shall take effect December
406 31, 2018.
407 (2)(a) A person who operates a commercial motor vehicle
408 solely in intrastate commerce not transporting any hazardous
409 material in amounts that require placarding pursuant to 49
410 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
411 and 395.3 395.3(a) and (b).
412 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
413 operates a commercial motor vehicle solely in intrastate
414 commerce not transporting any hazardous material in amounts that
415 require placarding pursuant to 49 C.F.R. part 172 may not drive
416 after having been on duty more than 70 hours in any period of 7
417 consecutive days or more than 80 hours in any period of 8
418 consecutive days if the motor carrier operates every day of the
419 week. Thirty-four consecutive hours off duty shall constitute
420 the end of any such period of 7 or 8 consecutive days. This
421 weekly limit does not apply to a person who operates a
422 commercial motor vehicle solely within this state while
423 transporting, during harvest periods, any unprocessed
424 agricultural products or unprocessed food or fiber that is
425 subject to seasonal harvesting from place of harvest to the
426 first place of processing or storage or from place of harvest
427 directly to market or while transporting livestock, livestock
428 feed, or farm supplies directly related to growing or harvesting
429 agricultural products. Upon request of the Department of Highway
430 Safety and Motor Vehicles, motor carriers shall furnish time
431 records or other written verification to that department so that
432 the Department of Highway Safety and Motor Vehicles can
433 determine compliance with this subsection. These time records
434 must be furnished to the Department of Highway Safety and Motor
435 Vehicles within 2 days after receipt of that department’s
436 request. Falsification of such information is subject to a civil
437 penalty not to exceed $100. The provisions of This paragraph
438 does do not apply to operators of farm labor vehicles operated
439 during a state of emergency declared by the Governor or operated
440 pursuant to s. 570.07(21), and does do not apply to drivers of
441 utility service vehicles as defined in 49 C.F.R. s. 395.2.
442 (d) A person who operates a commercial motor vehicle solely
443 in intrastate commerce not transporting any hazardous material
444 in amounts that require placarding pursuant to 49 C.F.R. part
445 172 within a 150 air-mile radius of the location where the
446 vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
447 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
448 395.1(e)(1)(iii) and (v) are met. If a driver is not released
449 from duty within 12 hours after the driver arrives for duty, the
450 motor carrier must maintain documentation of the driver’s
451 driving times throughout the duty period.
452 (f) A person who operates a commercial motor vehicle having
453 a declared gross vehicle weight, gross vehicle weight rating,
454 and gross combined weight rating of less than 26,001 pounds
455 solely in intrastate commerce and who is not transporting
456 hazardous materials in amounts that require placarding pursuant
457 to 49 C.F.R. part 172, or who is transporting petroleum products
458 as defined in s. 376.301, is exempt from subsection (1).
459 However, such person must comply with 49 C.F.R. parts 382, 392,
460 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
461 Section 8. Subsection (3) of section 316.303, Florida
462 Statutes, is amended to read:
463 316.303 Television receivers.—
464 (3) This section does not prohibit the use of an electronic
465 display used in conjunction with a vehicle navigation system; an
466 electronic display used by an operator of a vehicle equipped
467 with autonomous technology, as defined in s. 316.003; or an
468 electronic display used by an operator of a platoon vehicle
469 equipped and operating with driver-assistive truck platooning
470 technology, as defined in s. 316.003.
471 Section 9. Subsection (3) is added to section 316.85,
472 Florida Statutes, to read:
473 316.85 Autonomous vehicles; operation.—
474 (3) The Florida Turnpike Enterprise may fund, construct,
475 and operate test facilities for the advancement of autonomous
476 and connected innovative transportation technology solutions for
477 the purposes of improving safety and decreasing congestion for
478 the traveling public and to otherwise advance the enterprise’s
479 objectives as set forth under the Florida Transportation Code.
480 Section 10. Section 319.141, Florida Statutes, is amended
481 to read:
482 319.141 Pilot rebuilt motor vehicle inspection program.—
483 (1) As used in this section, the term:
484 (a) “Facility” means a rebuilt motor vehicle inspection
485 facility authorized and operating under this section.
486 (b) “Rebuilt inspection services” means an examination of a
487 rebuilt vehicle and a properly endorsed certificate of title,
488 salvage certificate of title, or manufacturer’s statement of
489 origin and an application for a rebuilt certificate of title, a
490 rebuilder’s affidavit, a photograph of the junk or salvage
491 vehicle taken before repairs began, a photograph of the interior
492 driver and passenger sides of the vehicle if airbags were
493 previously deployed and replaced, receipts or invoices for all
494 major component parts, as defined in s. 319.30, and repairs
495 which were changed, and proof that notice of rebuilding of the
496 vehicle has been reported to the National Motor Vehicle Title
497 Information System.
498 (2) By July 1, 2015, The department shall oversee a pilot
499 program in Miami-Dade County to evaluate alternatives for
500 rebuilt inspection services offered by existing private sector
501 operators, including the continued use of private facilities,
502 the cost impact to consumers, and the potential savings to the
503 department.
504 (3) The department shall establish a memorandum of
505 understanding that allows private parties participating in the
506 pilot program to conduct rebuilt motor vehicle inspections and
507 specifies requirements for oversight, bonding and insurance,
508 procedures, and forms and requires the electronic transmission
509 of documents.
510 (4) Before an applicant is approved or renewed, the
511 department shall ensure that the applicant meets basic criteria
512 designed to protect the public. At a minimum, the applicant
513 shall meet all of the following requirements:
514 (a) Have and maintain a surety bond or irrevocable letter
515 of credit in the amount of $100,000 executed by the applicant.
516 (b) Secure and maintain a facility at a permanent fixed
517 structure which has at an address identified by a county-issued
518 tax folio number and recognized by the United States Postal
519 Service where the only services provided on such property are
520 rebuilt inspection services. The operator of a facility shall
521 annually attest that:
522 1. He or she is not employed by or does not have an
523 ownership interest in or other financial arrangement with the
524 owner, operator, manager, or employee of a motor vehicle repair
525 shop as defined in s. 559.903, a motor vehicle dealer as defined
526 in s. 320.27(1)(c), a towing company, a vehicle storage company,
527 a vehicle auction, an insurance company, a salvage yard, a metal
528 retailer, or a metal rebuilder, from which he or she receives
529 remuneration, directly or indirectly, for the referral of
530 customers for rebuilt inspection services;
531 2. There have been no changes to the ownership structure of
532 the approved facility; and
533 3. The only services being provided by the operator of the
534 facility at the property are rebuilt vehicle inspection services
535 approved by the department.
536 (c) Have and maintain garage liability and other insurance
537 required by the department.
538 (d) Have completed criminal background checks of the
539 owners, partners, and corporate officers and the inspectors
540 employed by the facility.
541 (e) Have a designated office and customer waiting area that
542 is separate from and not within view of the vehicle inspection
543 area. The vehicle inspection area must be capable of
544 accommodating all vehicle types and must be equipped with
545 cameras allowing the department to view and monitor every
546 inspection.
547 (f)(e) Meet any additional criteria the department
548 determines necessary to conduct proper inspections.
549 (5) A participant in the program shall access vehicle and
550 title information and enter inspection results through an
551 electronic filing system authorized by the department and shall
552 maintain records of each rebuilt vehicle inspection processed at
553 such facility for at least 5 years.
554 (6) A participant in the program may not conduct an
555 inspection of a vehicle rebuilt before its purchase by the
556 current applicant. Such vehicles must be inspected by the
557 department.
558 (7) Any applicant for a rebuilt title that fails an initial
559 rebuilt inspection may have that vehicle reinspected only by the
560 department or the facility that conducted the original
561 inspection.
562 (8) Any person or business authorized by the department to
563 train, certify, or recertify operators and inspectors of private
564 rebuilt motor vehicle inspection facilities may not certify or
565 recertify themselves or any of their employees.
566 (9)(6) The department shall conduct an onsite facility
567 inspection at least twice a year and shall immediately terminate
568 any operator from the program who fails to meet the minimum
569 eligibility requirements specified in subsection (4). Before any
570 a change in ownership or transfer of a rebuilt inspection
571 facility, the current operator must give the department 45 days’
572 written notice of the intended sale or transfer. The prospective
573 owner or transferee must meet the eligibility requirements of
574 this section and execute a new memorandum of understanding with
575 the department before operating the facility.
576 (10)(7) This section is repealed on July 1, 2020 2018,
577 unless saved from repeal through reenactment by the Legislature.
578 On or before January 1, 2019, the department shall submit a
579 written report to the Governor and Cabinet evaluating the
580 current program and the benefits to the consumer and the
581 department.
582 Section 11. Subsection (7) of section 319.32, Florida
583 Statutes, is amended to read:
584 319.32 Fees; service charges; disposition.—
585 (7) Notwithstanding any other provision of this section,
586 the department and tax collector may not charge any fee or
587 service charge, except for the expedited title fee, if
588 applicable, for a certificate of title issued for a motor
589 vehicle solely to:
590 (a) Remove a deceased coowner from a title registered in
591 the names of two persons if the other coowner is the surviving
592 spouse; or
593 (b) Transfer the title from a deceased owner to a surviving
594 spouse or any surviving next of kin, if the spouse or next of
595 kin is a resident of this state and if the vehicle is titled in
596 this state before the transfer. For purposes of this paragraph,
597 the term “next of kin” means the deceased’s child, brother,
598 sister, or parent.
599 Section 12. Paragraph (a) of subsection (1) and subsection
600 (24) of section 320.01, Florida Statutes, are amended to read:
601 320.01 Definitions, general.—As used in the Florida
602 Statutes, except as otherwise provided, the term:
603 (1) “Motor vehicle” means:
604 (a) An automobile, motorcycle, truck, trailer, semitrailer,
605 truck tractor and semitrailer combination, or any other vehicle
606 operated on the roads of this state, used to transport persons
607 or property, and propelled by power other than muscular power,
608 but the term does not include traction engines, road rollers,
609 personal delivery devices and mobile carriers as defined in s.
610 316.003, special mobile equipment as defined in s. 316.003,
611 vehicles that run only upon a track, bicycles, swamp buggies, or
612 mopeds.
613 (24) “Apportionable vehicle” means any vehicle, except
614 recreational vehicles, vehicles displaying restricted plates,
615 city pickup and delivery vehicles, buses used in transportation
616 of chartered parties, and government-owned vehicles, which is
617 used or intended for use in two or more member jurisdictions
618 that allocate or proportionally register vehicles and which is
619 used for the transportation of persons for hire or is designed,
620 used, or maintained primarily for the transportation of property
621 and:
622 (a) Is a power unit having a gross vehicle weight in excess
623 of 26,000 pounds;
624 (b) Is a power unit having three or more axles, regardless
625 of weight; or
626 (c) Is used in combination, when the weight of such
627 combination exceeds 26,000 pounds gross vehicle weight.
628
629 Vehicles, or combinations thereof, having a gross vehicle weight
630 of 26,000 pounds or less and two-axle vehicles may be
631 proportionally registered.
632 Section 13. Subsection (19) of section 320.02, Florida
633 Statutes, is amended to read:
634 320.02 Registration required; application for registration;
635 forms.—
636 (19) A personal delivery device and a mobile carrier as
637 defined in s. 316.003 are is not required to satisfy the
638 registration and insurance requirements of this section.
639 Section 14. Effective January 1, 2019, subsection (10) of
640 section 320.03, Florida Statutes, is amended to read:
641 320.03 Registration; duties of tax collectors;
642 International Registration Plan.—
643 (10) Jurisdiction over the electronic filing system for use
644 by authorized electronic filing system agents to electronically
645 title or register motor vehicles, vessels, mobile homes, or off
646 highway vehicles; process title transactions, derelict motor
647 vehicle certificates, and certificates of destruction for
648 derelict and salvage motor vehicles pursuant to s. 319.30(2),
649 (3), (7), and (8); issue or transfer registration license plates
650 or decals; electronically transfer fees due for the title and
651 registration process; and perform inquiries for title,
652 registration, and lienholder verification and certification of
653 service providers is expressly preempted to the state, and the
654 department shall have regulatory authority over the system. The
655 electronic filing system shall be available for use statewide
656 and applied uniformly throughout the state. An entity that, in
657 the normal course of its business, sells products that must be
658 titled or registered;, provides title and registration services
659 on behalf of its consumers; or processes title transactions,
660 derelict motor vehicle certificates, or certificates of
661 destruction for derelict or salvage motor vehicles pursuant to
662 s. 319.30(2), (3), (7), or (8); and meets all established
663 requirements may be an authorized electronic filing system agent
664 and shall not be precluded from participating in the electronic
665 filing system in any county. Upon request from a qualified
666 entity, the tax collector shall appoint the entity as an
667 authorized electronic filing system agent for that county. The
668 department shall adopt rules in accordance with chapter 120 to
669 replace the December 10, 2009, program standards and to
670 administer the provisions of this section, including, but not
671 limited to, establishing participation requirements,
672 certification of service providers, electronic filing system
673 requirements, and enforcement authority for noncompliance. The
674 December 10, 2009, program standards, excluding any standards
675 which conflict with this subsection, shall remain in effect
676 until the rules are adopted. An authorized electronic filing
677 system agent may charge a fee to the customer for use of the
678 electronic filing system. The department shall adopt rules to
679 administer this subsection, including, but not limited to, rules
680 establishing participation requirements, certification of
681 service providers, electronic filing system requirements,
682 disclosures, and enforcement authority for noncompliance.
683 Section 15. Paragraph (b) of subsection (1) and paragraph
684 (a) of subsection (3) of section 320.06, Florida Statutes, are
685 amended to read:
686 320.06 Registration certificates, license plates, and
687 validation stickers generally.—
688 (1)
689 (b)1. Registration license plates bearing a graphic symbol
690 and the alphanumeric system of identification shall be issued
691 for a 10-year period. At the end of the 10-year period, upon
692 renewal, the plate shall be replaced. The department shall
693 extend the scheduled license plate replacement date from a 6
694 year period to a 10-year period. The fee for such replacement is
695 $28, $2.80 of which shall be paid each year before the plate is
696 replaced, to be credited toward the next $28 replacement fee.
697 The fees shall be deposited into the Highway Safety Operating
698 Trust Fund. A credit or refund may not be given for any prior
699 years’ payments of the prorated replacement fee if the plate is
700 replaced or surrendered before the end of the 10-year period,
701 except that a credit may be given if a registrant is required by
702 the department to replace a license plate under s.
703 320.08056(8)(a). With each license plate, a validation sticker
704 shall be issued showing the owner’s birth month, license plate
705 number, and the year of expiration or the appropriate renewal
706 period if the owner is not a natural person. The validation
707 sticker shall be placed on the upper right corner of the license
708 plate. The license plate and validation sticker shall be issued
709 based on the applicant’s appropriate renewal period. The
710 registration period is 12 months, the extended registration
711 period is 24 months, and all expirations occur based on the
712 applicant’s appropriate registration period.
713 2. Before October 1, 2019, a vehicle that has an
714 apportioned registration shall be issued an annual license plate
715 and a cab card denoting that denote the declared gross vehicle
716 weight for each apportioned jurisdiction in which the vehicle is
717 authorized to operate.
718 3. Beginning October 1, 2019, a vehicle registered in
719 accordance with the International Registration Plan shall be
720 issued a license plate for a 5-year period, an annual cab card
721 denoting the declared gross vehicle weight, and an annual
722 validation sticker showing the month and year of expiration. The
723 validation sticker shall be placed in the center of the license
724 plate. The license plate and validation sticker shall be issued
725 based on the applicant’s appropriate renewal period. The fee for
726 the initial validation sticker and any renewed validation
727 sticker is $28. This fee shall be deposited into the Highway
728 Safety Operating Trust Fund. A damaged or worn license plate may
729 be replaced at no charge by applying to the department and
730 surrendering the current license plate.
731 4.2. In order to retain the efficient administration of the
732 taxes and fees imposed by this chapter, the 80-cent fee increase
733 in the replacement fee imposed by chapter 2009-71, Laws of
734 Florida, is negated as provided in s. 320.0804.
735 (3)(a) Registration license plates must be made of metal
736 specially treated with a retroreflection material, as specified
737 by the department. The registration license plate is designed to
738 increase nighttime visibility and legibility and must be at
739 least 6 inches wide and not less than 12 inches in length,
740 unless a plate with reduced dimensions is deemed necessary by
741 the department to accommodate motorcycles, mopeds, or similar
742 smaller vehicles. Validation stickers must also be treated with
743 a retroreflection material, must be of such size as specified by
744 the department, and must adhere to the license plate. The
745 registration license plate must be imprinted with a combination
746 of bold letters and numerals or numerals, not to exceed seven
747 digits, to identify the registration license plate number. The
748 license plate must be imprinted with the word “Florida” at the
749 top and the name of the county in which it is sold, the state
750 motto, or the words “Sunshine State” at the bottom. Apportioned
751 license plates must have the word “Apportioned” at the bottom
752 and license plates issued for vehicles taxed under s.
753 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
754 the word “Restricted” at the bottom. License plates issued for
755 vehicles taxed under s. 320.08(12) must be imprinted with the
756 word “Florida” at the top and the word “Dealer” at the bottom
757 unless the license plate is a specialty license plate as
758 authorized in s. 320.08056. Manufacturer license plates issued
759 for vehicles taxed under s. 320.08(12) must be imprinted with
760 the word “Florida” at the top and the word “Manufacturer” at the
761 bottom. License plates issued for vehicles taxed under s.
762 320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at
763 the bottom. Any county may, upon majority vote of the county
764 commission, elect to have the county name removed from the
765 license plates sold in that county. The state motto or the words
766 “Sunshine State” shall be printed in lieu thereof. A license
767 plate issued for a vehicle taxed under s. 320.08(6) may not be
768 assigned a registration license number, or be issued with any
769 other distinctive character or designation, that distinguishes
770 the motor vehicle as a for-hire motor vehicle.
771 Section 16. Section 320.0605, Florida Statutes, is amended
772 to read:
773 320.0605 Certificate of registration; possession required;
774 exception.—
775 (1)(a) The registration certificate or an official copy
776 thereof including in an electronic format, a true copy or an
777 electronic copy of rental or lease documentation issued for a
778 motor vehicle or issued for a replacement vehicle in the same
779 registration period, a temporary receipt printed upon self
780 initiated electronic renewal of a registration via the Internet,
781 or a cab card issued for a vehicle registered under the
782 International Registration Plan shall, at all times while the
783 vehicle is being used or operated on the roads of this state, be
784 in the possession of the operator thereof or be carried in the
785 vehicle for which issued and shall be exhibited upon demand of
786 any authorized law enforcement officer or any agent of the
787 department, except for a vehicle registered under s. 320.0657.
788 The provisions of This section does do not apply during the
789 first 30 days after purchase of a replacement vehicle. A
790 violation of this section is a noncriminal traffic infraction,
791 punishable as a nonmoving violation as provided in chapter 318.
792 (b)1. The act of presenting to a law enforcement officer or
793 agent of the department an electronic device displaying an
794 electronic copy of the registration certificate or the rental or
795 lease documentation does not constitute consent for the officer
796 or agent to access any information on the device other than the
797 displayed rental or lease documentation.
798 2. The person who presents the device to the officer or
799 agent assumes the liability for any resulting damage to the
800 device.
801 (2) Rental or lease documentation that is sufficient to
802 satisfy the requirement in subsection (1) includes the
803 following:
804 (a) Date of rental and time of exit from rental facility;
805 (b) Rental station identification;
806 (c) Rental agreement number;
807 (d) Rental vehicle identification number;
808 (e) Rental vehicle license plate number and state of
809 registration;
810 (f) Vehicle’s make, model, and color;
811 (g) Vehicle’s mileage; and
812 (h) Authorized renter’s name.
813 Section 17. Subsection (5) of section 320.0607, Florida
814 Statutes, is amended to read:
815 320.0607 Replacement license plates, validation decal, or
816 mobile home sticker.—
817 (5) Upon the issuance of an original license plate, the
818 applicant shall pay a fee of $28 to be deposited in the Highway
819 Safety Operating Trust Fund. Beginning October 1, 2019, this
820 subsection does not apply to a vehicle registered under the
821 International Registration Plan.
822 Section 18. Paragraph (b) of subsection (2) of section
823 320.0657, Florida Statutes, is amended to read:
824 320.0657 Permanent registration; fleet license plates.—
825 (2)
826 (b) The plates, which shall be of a distinctive color,
827 shall have the word “Fleet” appearing at the bottom and the word
828 “Florida” appearing at the top unless the license plate is a
829 specialty license plate as authorized in s. 320.08056. The
830 plates shall conform in all respects to the provisions of this
831 chapter, except as specified herein. For additional fees as set
832 forth in s. 320.08056, fleet companies may purchase specialty
833 license plates in lieu of the standard fleet license plates.
834 Fleet companies shall be responsible for all costs associated
835 with the specialty license plate, including all annual use fees,
836 processing fees, fees associated with switching license plate
837 types, and any other applicable fees.
838 Section 19. Subsection (12) of section 320.08, Florida
839 Statutes, is amended to read:
840 320.08 License taxes.—Except as otherwise provided herein,
841 there are hereby levied and imposed annual license taxes for the
842 operation of motor vehicles, mopeds, motorized bicycles as
843 defined in s. 316.003(3), tri-vehicles as defined in s. 316.003,
844 and mobile homes as defined in s. 320.01, which shall be paid to
845 and collected by the department or its agent upon the
846 registration or renewal of registration of the following:
847 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
848 motor vehicle dealer, independent motor vehicle dealer, marine
849 boat trailer dealer, or mobile home dealer and manufacturer
850 license plate: $17 flat, of which $4.50 shall be deposited into
851 the General Revenue Fund. For additional fees as set forth in s.
852 320.08056, dealers may purchase specialty license plates in lieu
853 of the standard graphic dealer license plates. Dealers shall be
854 responsible for all costs associated with the specialty license
855 plate, including all annual use fees, processing fees, fees
856 associated with switching license plate types, and any other
857 applicable fees.
858 Section 20. Subsection (2) of section 320.08056, Florida
859 Statutes, is amended to read:
860 320.08056 Specialty license plates.—
861 (2)(a) The department shall issue a specialty license plate
862 to the owner or lessee of any motor vehicle, except a vehicle
863 registered under the International Registration Plan, a
864 commercial truck required to display two license plates pursuant
865 to s. 320.0706, or a truck tractor, upon request and payment of
866 the appropriate license tax and fees.
867 (b) The department may authorize dealer and fleet specialty
868 license plates. With the permission of the sponsoring specialty
869 license plate organization, a dealer or fleet company may
870 purchase specialty license plates to be used on dealer and fleet
871 vehicles.
872 (c) Notwithstanding s. 320.08058, a dealer or fleet
873 specialty license plate must include the letters “DLR” or “FLT”
874 on the right side of the license plate. Dealer and fleet
875 specialty license plates must be ordered directly through the
876 department.
877 Section 21. Subsection (10) is added to section 320.131,
878 Florida Statutes, to read:
879 320.131 Temporary tags.—
880 (10) Beginning October 1, 2018, the department may partner
881 with a county tax collector to conduct a Fleet Vehicle Temporary
882 Tag pilot program to provide temporary tags to fleet companies
883 to allow them to operate fleet vehicles awaiting a permanent
884 registration and title.
885 (a) The department shall establish a memorandum of
886 understanding that allows a maximum of three companies to
887 participate in the pilot program and receive multiple temporary
888 tags for company fleet vehicles.
889 (b) To participate in the program, a fleet company must
890 have a minimum of 3,500 fleet vehicles registered in this state
891 which qualify to be registered as fleet vehicles pursuant to s.
892 320.0657.
893 (c) The department may issue up to 50 temporary tags at a
894 time to an eligible fleet company, if requested by such company.
895 (d) The temporary tags are for exclusive use on a vehicle
896 purchased for the company’s fleet, and may not be used on any
897 other vehicle.
898 (e) Each temporary plate may be used on only one vehicle
899 and each vehicle may only use one temporary plate.
900 (f) Upon issuance of the vehicle’s permanent license plate
901 and registration, the temporary tag becomes invalid and must be
902 removed from the vehicle and destroyed.
903 (g) Upon a finding by the department that a temporary tag
904 has been misused by a fleet company under this program, the
905 department may terminate the memorandum of understanding with
906 the company, invalidate all temporary tags issued to the company
907 under the program, and require such company to return any unused
908 temporary tags.
909 (h) This subsection is repealed on October 1, 2021, unless
910 saved from repeal through reenactment by the Legislature.
911 Section 22. Subsections (18) through (46) of section
912 322.01, Florida Statutes, are renumbered as subsections (25)
913 through (53), respectively, and new subsections (18) through
914 (24) are added to that section, to read:
915 322.01 Definitions.—As used in this chapter:
916 (18) “Electronic” means relating to technology having
917 electrical, digital, magnetic, wireless, optical,
918 electromagnetic, or similar capabilities.
919 (19) “Electronic credential” means an electronic
920 representation of a physical driver license or identification
921 card which is viewable on an electronic credential system
922 capable of being verified and authenticated.
923 (20) “Electronic credential holder” means a person to whom
924 an electronic credential has been issued.
925 (21) “Electronic credential provider” means an entity
926 contracted with the department to provide the electronic
927 credential to the electronic credential holder.
928 (22) “Electronic credential system” means a computer system
929 used to display or transmit electronic credentials to a person
930 or verification system which can be accessed using an electronic
931 device.
932 (23) “Electronic device” means a device or a portion of a
933 device that is designed for and capable of communicating across
934 a computer network with other computers or devices for the
935 purpose of transmitting, receiving, or storing data, including,
936 but not limited to, a cellular telephone, tablet, or other
937 portable device designed for and capable of communicating with
938 or across a computer network, and is used to render an
939 electronic credential.
940 (24) “Electronic record” means a record created, generated,
941 sent, communicated, received, or stored by electronic means.
942 Section 23. Section 322.032, Florida Statutes, is amended
943 to read:
944 322.032 Electronic credential Digital proof of driver
945 license.—
946 (1)(a) The department shall develop and implement begin to
947 review and prepare for the development of a secure and uniform
948 protocols that comply with national standards system for issuing
949 an optional electronic credential. The department shall procure
950 the related technology solution that uses a revenue-sharing
951 model through a competitive solicitation process pursuant to s.
952 287.057 digital proof of driver license. The department may
953 issue electronic credentials to persons who hold a Florida
954 driver license or identification card. The electronic credential
955 and verification solution must have the necessary technological
956 capabilities to execute the authentication of an electronic
957 credential across all states, jurisdictions, federal and state
958 agencies, and municipalities. The electronic credential and
959 verification solution must provide the system integration
960 necessary:
961 1. For qualified and authorized entities to securely
962 consume an electronic credential.
963 2. For the production of a fully compliant electronic
964 credential by qualified and authorized electronic credential
965 providers.
966 3. To successfully ensure secure authentication and
967 validation of data from disparate sources.
968 (b) The department shall procure contract with one or more
969 electronic credential providers through the competitive
970 solicitation process private entities to develop and implement a
971 secure electronic credential a digital proof of driver license
972 system.
973 (c) The department shall maintain the protocols and
974 national standards necessary for an electronic credential
975 provider to request authorized access to an application
976 programming interface, or an appropriate technological tool of
977 at least the same capabilities, necessary for such private
978 entity to consume an electronic credential. The department shall
979 timely review requests for authorized access and must approve
980 all requests by electronic credential providers which meet the
981 department’s requirements. The department may assess a fee for
982 use of the electronic credential and verification solution.
983 (d) The department shall provide access to a standardized
984 digital transaction process for use by the approved electronic
985 credential providers of compliant electronic credentials to
986 enable the financial transaction to be completed in such a
987 manner that the proceeds are accepted by the department at the
988 point of sale. The standardized digital transaction process must
989 enable the providers of an electronic credential to direct
990 through their electronic commerce workflow to a standardized
991 checkout process and be able to document the providers involved.
992 Any revenue generated from the electronic credential system must
993 be collected by the department and distributed pursuant to a
994 legislative appropriation and department agreements with the
995 electronic credential providers of the electronic credential.
996 Any revenues shared between the state and electronic credential
997 providers are based solely on revenues derived from the purchase
998 of the optional, electronic credential and no other transaction.
999 The department shall enter into an agreement with the electronic
1000 credential providers which describes the permitted uses, terms
1001 and conditions, privacy policy, and uniform remittance terms
1002 relating to the consumption of an electronic credential.
1003 (2)(a) The electronic credential digital proof of driver
1004 license developed by the department or by an electronic
1005 credential provider an entity contracted by the department must
1006 be in such a format as to allow law enforcement or an authorized
1007 consumer to verify the authenticity of the electronic credential
1008 and the identity of the credential holder and to validate the
1009 status of any driving privileges associated with the electronic
1010 credential digital proof of driver license. The department shall
1011 adhere to protocols and national standards may adopt rules to
1012 ensure valid authentication of electronic credentials digital
1013 driver licenses by law enforcement.
1014 (b) The act of presenting to a law enforcement officer an
1015 electronic device displaying an electronic credential does not
1016 constitute consent for the officer to access any information on
1017 the device other than the electronic credential.
1018 (c) The person who presents the device to the officer
1019 assumes liability for any resulting damage to the device.
1020 (3) A person may not be issued an electronic credential a
1021 digital proof of driver license until he or she has satisfied
1022 all of the requirements of this chapter for issuance of a
1023 physical driver license or identification card as provided in
1024 this chapter.
1025 (4) A person who:
1026 (a) Manufactures a false electronic credential digital
1027 proof of driver license commits a felony of the third degree,
1028 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1029 (b) Possesses a false electronic credential digital proof
1030 of driver license commits a misdemeanor of the second degree,
1031 punishable as provided in s. 775.082.
1032 Section 24. Section 322.059, Florida Statutes, is amended
1033 to read:
1034 322.059 Mandatory surrender of suspended driver license and
1035 registration.—A person whose driver license or registration has
1036 been suspended as provided in s. 322.058 must immediately return
1037 his or her driver license and registration to the Department of
1038 Highway Safety and Motor Vehicles. The department shall
1039 invalidate the electronic credential digital proof of driver
1040 license issued pursuant to s. 322.032 for such person. If such
1041 person fails to return his or her driver license or
1042 registration, a law enforcement agent may seize the license or
1043 registration while the driver license or registration is
1044 suspended.
1045 Section 25. Paragraph (c) of subsection (1) of section
1046 322.143, Florida Statutes, is amended to read:
1047 322.143 Use of a driver license or identification card.—
1048 (1) As used in this section, the term:
1049 (c) “Swipe” means the act of passing a driver license or
1050 identification card through a device that is capable of
1051 deciphering, in an electronically readable format, the
1052 information electronically encoded in a magnetic strip or bar
1053 code on the driver license or identification card or consuming
1054 an electronic credential.
1055 Section 26. Subsection (1) of section 322.15, Florida
1056 Statutes, is amended to read:
1057 322.15 License to be carried and exhibited on demand;
1058 fingerprint to be imprinted upon a citation.—
1059 (1) Every licensee shall have his or her driver license,
1060 which must be fully legible with no portion of such license
1061 faded, altered, mutilated, or defaced, in his or her immediate
1062 possession at all times when operating a motor vehicle and shall
1063 present or submit the same upon the demand of a law enforcement
1064 officer or an authorized representative of the department. A
1065 licensee may present or submit an electronic credential a
1066 digital proof of driver license as provided in s. 322.032 in
1067 lieu of a physical driver license.
1068 Section 27. Section 322.38, Florida Statutes, is amended to
1069 read:
1070 322.38 Renting motor vehicle to another.—
1071 (1) A No person may not shall rent a motor vehicle to any
1072 other person unless the other latter person is then duly
1073 licensed, or, if a nonresident, he or she shall be licensed
1074 under the laws of the state or country of his or her residence,
1075 except a nonresident whose home state or country does not
1076 require that an operator be licensed.
1077 (2) A No person may not shall rent a motor vehicle to
1078 another until he or she has inspected the driver license of the
1079 person to whom the vehicle is to be rented, and has compared and
1080 verified that the driver license is unexpired signature thereon
1081 with the signature of such person written in his or her
1082 presence.
1083 (3) Every person renting a motor vehicle to another shall
1084 keep a record of the registration number of the motor vehicle so
1085 rented, the name, and address, and license number of the person
1086 to whom the vehicle is rented, the number of the license of said
1087 latter person, and the date and place when and where the said
1088 license was issued. Such record shall be open to inspection by
1089 any police officer, or officer or employee of the department.
1090 (4) If a rental car company rents a motor vehicle to a
1091 person through digital, electronic, or other means that allows
1092 the renter to obtain possession of the motor vehicle without
1093 direct contact with an agent or employee of the rental car
1094 company, or if through use of such means the renter does not
1095 execute a rental contract at the time he or she takes possession
1096 of the vehicle, the rental car company is deemed to have met the
1097 requirements of subsections (1) and (2) when the rental car
1098 company requires the renter to verify that he or she is duly
1099 licensed and that the license is unexpired. Such verification
1100 may occur at the time the renter enrolls in a membership
1101 program, master agreement, or other means of establishing use of
1102 the rental car company’s services or at any time thereafter.
1103 Section 28. Subsection (4) of section 322.61, Florida
1104 Statutes, is amended to read:
1105 322.61 Disqualification from operating a commercial motor
1106 vehicle.—
1107 (4) Any person who is transporting hazardous materials as
1108 defined in s. 322.01(31) s. 322.01(24) shall, upon conviction of
1109 an offense specified in subsection (3), be disqualified from
1110 operating a commercial motor vehicle for a period of 3 years.
1111 The penalty provided in this subsection shall be in addition to
1112 any other applicable penalty.
1113 Section 29. Subsection (1) of section 324.021, Florida
1114 Statutes, is amended to read:
1115 324.021 Definitions; minimum insurance required.—The
1116 following words and phrases when used in this chapter shall, for
1117 the purpose of this chapter, have the meanings respectively
1118 ascribed to them in this section, except in those instances
1119 where the context clearly indicates a different meaning:
1120 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
1121 designed and required to be licensed for use upon a highway,
1122 including trailers and semitrailers designed for use with such
1123 vehicles, except traction engines, road rollers, farm tractors,
1124 power shovels, and well drillers, and every vehicle that is
1125 propelled by electric power obtained from overhead wires but not
1126 operated upon rails, but not including any personal delivery
1127 device or mobile carrier as defined in s. 316.003, bicycle, or
1128 moped. However, the term “motor vehicle” does not include a
1129 motor vehicle as defined in s. 627.732(3) when the owner of such
1130 vehicle has complied with the requirements of ss. 627.730
1131 627.7405, inclusive, unless the provisions of s. 324.051 apply;
1132 and, in such case, the applicable proof of insurance provisions
1133 of s. 320.02 apply.
1134 Section 30. Subsection (1) of section 655.960, Florida
1135 Statutes, is amended to read:
1136 655.960 Definitions; ss. 655.960-655.965.—As used in this
1137 section and ss. 655.961-655.965, unless the context otherwise
1138 requires:
1139 (1) “Access area” means any paved walkway or sidewalk which
1140 is within 50 feet of any automated teller machine. The term does
1141 not include any street or highway open to the use of the public,
1142 as defined in s. 316.003(80)(a) or (b) s. 316.003(79)(a) or (b),
1143 including any adjacent sidewalk, as defined in s. 316.003.
1144 Section 31. Paragraph (a) of subsection (2) of section
1145 812.014, Florida Statutes, is amended to read:
1146 812.014 Theft.—
1147 (2)(a)1. If the property stolen is valued at $100,000 or
1148 more or is a semitrailer that was deployed by a law enforcement
1149 officer; or
1150 2. If the property stolen is cargo valued at $50,000 or
1151 more that has entered the stream of interstate or intrastate
1152 commerce from the shipper’s loading platform to the consignee’s
1153 receiving dock; or
1154 3. If the offender commits any grand theft and:
1155 a. In the course of committing the offense the offender
1156 uses a motor vehicle as an instrumentality, other than merely as
1157 a getaway vehicle, to assist in committing the offense and
1158 thereby damages the real property of another; or
1159 b. In the course of committing the offense the offender
1160 causes damage to the real or personal property of another in
1161 excess of $1,000; or
1162 4. If the property stolen is cargo and in the course of
1163 committing the offense the offender uses any type of device to
1164 defeat, block, disable, jam, or interfere with a global
1165 positioning system or similar system designed to identify the
1166 location of the cargo or the vehicle or trailer carrying the
1167 cargo,
1168
1169 the offender commits grand theft in the first degree, punishable
1170 as a felony of the first degree, as provided in s. 775.082, s.
1171 775.083, or s. 775.084.
1172 Section 32. Except as otherwise expressly provided in this
1173 act, this act shall take effect October 1, 2018.