Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS/CS/HB 1287, 2nd Eng.
Ì384600sÎ384600
LEGISLATIVE ACTION
Senate . House
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Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 20.23, Florida
6 Statutes, is amended to read:
7 20.23 Department of Transportation.—There is created a
8 Department of Transportation which shall be a decentralized
9 agency.
10 (1)(a) The Department of Transportation shall consist of:
11 1. A central office, which establishes policies and
12 procedures; and
13 2. Districts, which carry out projects as authorized or
14 required under the policies and procedures of the central office
15 established pursuant to this section.
16 (b)(a) The head of the Department of Transportation is the
17 Secretary of Transportation. The secretary shall be appointed by
18 the Governor from among three persons nominated by the Florida
19 Transportation Commission and shall be subject to confirmation
20 by the Senate. The secretary shall serve at the pleasure of the
21 Governor.
22 (c)(b) The secretary shall be a proven, effective
23 administrator who, by a combination of education and experience,
24 clearly possesses shall clearly possess a broad knowledge of the
25 administrative, financial, and technical aspects of the
26 development, operation, and regulation of transportation systems
27 and facilities or comparable systems and facilities. The
28 secretary shall be a registered professional engineer in
29 accordance with chapter 471 or the laws of another state; or, in
30 lieu of professional engineer registration, the secretary may
31 hold an advanced degree in an appropriate related discipline,
32 such as a Masters of Business Administration, or have 10 years
33 of relevant experience.
34 (d)(c) The secretary shall provide to the Florida
35 Transportation Commission or its staff, such assistance,
36 information, and documents as are requested by the commission or
37 its staff to enable the commission to fulfill its duties and
38 responsibilities.
39 (e)(d) The secretary may appoint up to three assistant
40 secretaries who shall be directly responsible to the secretary
41 and who shall perform such duties as are assigned by the
42 secretary. The secretary shall designate to an assistant
43 secretary the duties related to enhancing economic prosperity,
44 including, but not limited to, the responsibility of liaison
45 with the head of economic development in the Executive Office of
46 the Governor. Such assistant secretary shall be directly
47 responsible for providing the Executive Office of the Governor
48 with investment opportunities and transportation projects that
49 expand the state’s role as a global hub for trade and investment
50 and enhance the supply chain system in the state to process,
51 assemble, and ship goods to markets throughout the eastern
52 United States, Canada, the Caribbean, and Latin America. The
53 secretary may delegate to any assistant secretary the authority
54 to act in the absence of the secretary.
55 (f)(e) Any secretary appointed after July 5, 1989, and the
56 assistant secretaries shall be exempt from the provisions of
57 part III of chapter 110 and shall receive compensation
58 commensurate with their qualifications and competitive with
59 compensation for comparable responsibility in the private
60 sector.
61 Section 2. Subsections (38) through (52) and (53) through
62 (99) of section 316.003, Florida Statutes, are renumbered as
63 subsections (39) through (53) and (55) through (101),
64 respectively, present subsections (40), (51), (57), and (97) are
65 amended, and new subsections (38) and (54) are added to that
66 section, to read:
67 316.003 Definitions.—The following words and phrases, when
68 used in this chapter, shall have the meanings respectively
69 ascribed to them in this section, except where the context
70 otherwise requires:
71 (38) MOBILE CARRIER.—An electrically powered device that:
72 (a) Is operated on sidewalks and crosswalks and is intended
73 primarily for transporting property;
74 (b) Weighs less than 80 pounds, excluding cargo;
75 (c) Has a maximum speed of 12.5 miles per hour; and
76 (d) Is equipped with a technology to transport personal
77 property with the active monitoring of a property owner, and
78 primarily designed to remain within 25 feet of the property
79 owner.
80
81 A mobile carrier is not considered a vehicle or personal
82 delivery device unless expressly defined by law as a vehicle or
83 personal delivery device.
84 (41)(40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
85 self-propelled vehicle not operated upon rails or guideway, but
86 not including any bicycle, motorized scooter, electric personal
87 assistive mobility device, mobile carrier, personal delivery
88 device, swamp buggy, or moped. For purposes of s. 316.1001,
89 “motor vehicle” has the same meaning as provided in s.
90 320.01(1)(a).
91 (52)(51) PERSONAL DELIVERY DEVICE.—An electrically powered
92 device that:
93 (a) Is operated on sidewalks and crosswalks and intended
94 primarily for transporting property;
95 (b) Weighs less than 100 80 pounds, excluding cargo;
96 (c) Has a maximum speed of 10 miles per hour; and
97 (d) Is equipped with technology to allow for operation of
98 the device with or without the active control or monitoring of a
99 natural person.
100
101 A personal delivery device is not considered a vehicle unless
102 expressly defined by law as a vehicle. A mobile carrier is not
103 considered a personal delivery device.
104 (54) PLATOON.—A group of two individual truck tractor semi
105 trailer combinations, transporting property in quantities that
106 do not require placards, traveling in a unified manner at
107 electronically coordinated speeds and following distances.
108 (59)(57) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
109 provided in paragraph (81)(b) (79)(b), any privately owned way
110 or place used for vehicular travel by the owner and those having
111 express or implied permission from the owner, but not by other
112 persons.
113 (98)(97) VEHICLE.—Every device in, upon, or by which any
114 person or property is or may be transported or drawn upon a
115 highway, except personal delivery devices, mobile carriers, and
116 devices used exclusively upon stationary rails or tracks.
117 Section 3. Paragraph (b) of subsection (7) of section
118 316.008, Florida Statutes, is amended to read:
119 316.008 Powers of local authorities.—
120 (7)
121 (b)1. Except as provided in subparagraph 2., a personal
122 delivery device and a mobile carrier may be operated on
123 sidewalks and crosswalks within a county or municipality when
124 such use is permissible under federal law. This paragraph does
125 not restrict a county or municipality from otherwise adopting
126 regulations for the safe operation of personal delivery devices
127 and mobile carriers.
128 2. A personal delivery device may not be operated on the
129 Florida Shared-Use Nonmotorized Trail Network created under s.
130 339.81 or components of the Florida Greenways and Trails System
131 created under chapter 260.
132 Section 4. Section 316.0895, Florida Statutes, is amended
133 to read:
134 316.0895 Following too closely.—
135 (1) The driver of a motor vehicle shall not follow another
136 vehicle more closely than is reasonable and prudent, having due
137 regard for the speed of such vehicles and the traffic upon, and
138 the condition of, the highway. This subsection may not be
139 construed to prevent overtaking and passing.
140 (2) It is unlawful for the driver of any motor truck, motor
141 truck drawing another vehicle, or vehicle towing another vehicle
142 or trailer, when traveling upon a roadway outside of a business
143 or residence district, to follow within 300 feet of another
144 motor truck, motor truck drawing another vehicle, or vehicle
145 towing another vehicle or trailer. The provisions of this
146 subsection shall not be construed to prevent overtaking and
147 passing nor shall the same apply upon any lane specially
148 designated for use by motor trucks or other slow-moving
149 vehicles.
150 (2)(3) Motor vehicles being driven upon any roadway outside
151 of a business or residence district in a caravan or motorcade,
152 whether or not towing other vehicles, shall be so operated as to
153 allow sufficient space between each such vehicle or combination
154 of vehicles as to enable any other vehicle to enter and occupy
155 such space without danger. This provision shall not apply to
156 funeral processions.
157 (3)(4) A violation of this section is a noncriminal traffic
158 infraction, punishable as a moving violation as provided in
159 chapter 318.
160 Section 5. Section 316.0896, Florida Statutes, is amended
161 to read:
162 316.0896 Assistive truck platooning technology pilot
163 project.—The Department of Transportation, in consultation with
164 the Department of Highway Safety and Motor Vehicles, shall study
165 the use and safe operation of driver-assistive truck platooning
166 technology, as defined in s. 316.003, for the purpose of
167 developing a pilot project to test vehicles that are equipped to
168 operate using driver-assistive truck platooning technology.
169 (1) Upon conclusion of the study, the Department of
170 Transportation, in consultation with the Department of Highway
171 Safety and Motor Vehicles, may conduct an ongoing a pilot
172 project to test the use and safe operation of vehicles equipped
173 with driver-assistive truck platooning technology.
174 (2) Notwithstanding ss. 316.0895 and 316.303, the
175 Department of Transportation may conduct the pilot project in
176 such a manner and at such locations as determined by the
177 Department of Transportation based on the study and any initial
178 findings and recommendations resulting from the pilot program.
179 (3) Before the start of the pilot project, manufacturers of
180 driver-assistive truck platooning technology being tested or
181 commercially operated in the pilot project must submit to the
182 Department of Highway Safety and Motor Vehicles an instrument of
183 insurance, a surety bond, or proof of self-insurance acceptable
184 to the department in the amount of $5 million.
185 (4) After Upon conclusion of the initial phase of the pilot
186 project, the Department of Transportation, in consultation with
187 the Department of Highway Safety and Motor Vehicles, shall
188 submit a preliminary report by June 30, 2018, which describes
189 the results of the study and any findings or recommendations
190 from the initial phase of the pilot project to the Governor, the
191 President of the Senate, and the Speaker of the House of
192 Representatives. After submission of the preliminary report, the
193 Department of Transportation shall continue the pilot program
194 through June 30, 2020, including expansion of authorized uses of
195 driver-assistive truck platooning operations based on the
196 findings and recommendations of the preliminary report, to allow
197 the long-term testing and commercial operation of the use and
198 safe operation of vehicles equipped with driver-assistive truck
199 platooning technology. The Department of Transportation, in
200 consultation with the Department of Highway Safety and Motor
201 Vehicles, shall submit a final report on or before January 1,
202 2021, which describes the results of the preliminary report and
203 any final findings or recommendations, to the Governor, the
204 President of the Senate, and the Speaker of the House of
205 Representatives.
206 Section 6. Section 316.2071, Florida Statutes, is amended
207 to read:
208 316.2071 Personal delivery devices and mobile carriers.—
209 (1) Notwithstanding any provision of law to the contrary, a
210 personal delivery device or mobile carrier may operate on
211 sidewalks and crosswalks, subject to s. 316.008(7)(b). A
212 personal delivery device or mobile carrier operating on a
213 sidewalk or crosswalk has all the rights and duties applicable
214 to a pedestrian under the same circumstances, except that the
215 personal delivery device or mobile carrier must not unreasonably
216 interfere with pedestrians or traffic and must yield the right
217 of-way to pedestrians on the sidewalk or crosswalk.
218 (2) A personal delivery device and a mobile carrier must:
219 (a) Obey all official traffic and pedestrian control
220 signals and devices.
221 (b) For personal delivery devices, include a plate or
222 marker that has a unique identifying device number and
223 identifies the name and contact information of the personal
224 delivery device operator.
225 (c) Be equipped with a braking system that, when active or
226 engaged, enables the personal delivery device or mobile carrier
227 to come to a controlled stop.
228 (3) A personal delivery device and a mobile carrier may
229 not:
230 (a) Operate on a public highway except to the extent
231 necessary to cross a crosswalk.
232 (b) Operate on a sidewalk or crosswalk unless the personal
233 delivery device operator is actively controlling or monitoring
234 the navigation and operation of the personal delivery device or
235 a property owner remains within 25 feet of the mobile carrier.
236 (c) Transport hazardous materials as defined in s. 316.003.
237 (4) A person who owns and operates a personal delivery
238 device in this state must maintain an insurance policy, on
239 behalf of himself or herself and his or her agents, which
240 provides general liability coverage of at least $100,000 for
241 damages arising from the combined operations of personal
242 delivery devices under the entity’s or agent’s control.
243 Section 7. Subsections (3) through (6) of section 316.235,
244 Florida Statutes, are renumbered as subsections (4) through (7),
245 respectively, and a new subsection (3) is added to that section,
246 to read:
247 316.235 Additional lighting equipment.—
248 (3) Any motor vehicle may be equipped with one or more
249 lamps or devices underneath the motor vehicle as long as such
250 lamps or devices do not emit light in violation of s.
251 316.2397(1) or (7) or s. 316.238.
252 Section 8. Subsection (3) of section 316.224, Florida
253 Statutes, is amended to read:
254 316.224 Color of clearance lamps, identification lamps,
255 side marker lamps, backup lamps, reflectors, and deceleration
256 lights.—
257 (3) All lighting devices and reflectors mounted on the rear
258 of any vehicle shall display or reflect a red color, except the
259 stop light or other signal device, which may be red, amber, or
260 yellow, and except that the light illuminating the license plate
261 shall be white and the light emitted by a backup lamp shall be
262 white or amber. Deceleration lights as authorized by s.
263 316.235(6) s. 316.235(5) shall display an amber color.
264 Section 9. Paragraph (c) of subsection (7) of section
265 316.2397, Florida Statutes, is amended to read:
266 316.2397 Certain lights prohibited; exceptions.—
267 (7) Flashing lights are prohibited on vehicles except:
268 (c) For the lamps authorized under subsections (1), (2),
269 (3), (4), and (9), s. 316.2065, or s. 316.235(6) s. 316.235(5)
270 which may flash.
271 Section 10. Subsections (1) and (3) of section 316.2397,
272 Florida Statutes, are amended to read:
273 316.2397 Certain lights prohibited; exceptions.—
274 (1) A No person may not shall drive or move or cause to be
275 moved any vehicle or equipment upon any highway within this
276 state with any lamp or device thereon showing or displaying a
277 red, red and white, or blue light visible from directly in front
278 thereof except for certain vehicles hereinafter provided in this
279 section.
280 (3) Vehicles of the fire department and fire patrol,
281 including vehicles of volunteer firefighters as permitted under
282 s. 316.2398, may show or display red or red and white lights.
283 Vehicles of medical staff physicians or technicians of medical
284 facilities licensed by the state as authorized under s.
285 316.2398, ambulances as authorized under this chapter, and buses
286 and taxicabs as authorized under s. 316.2399 may show or display
287 red lights. Vehicles of the fire department, fire patrol, police
288 vehicles, and such ambulances and emergency vehicles of
289 municipal and county departments, public service corporations
290 operated by private corporations, the Fish and Wildlife
291 Conservation Commission, the Department of Environmental
292 Protection, the Department of Transportation, the Department of
293 Agriculture and Consumer Services, and the Department of
294 Corrections as are designated or authorized by their respective
295 department or the chief of police of an incorporated city or any
296 sheriff of any county may operate emergency lights and sirens in
297 an emergency. Wreckers, mosquito control fog and spray vehicles,
298 and emergency vehicles of governmental departments or public
299 service corporations may show or display amber lights when in
300 actual operation or when a hazard exists provided they are not
301 used going to and from the scene of operation or hazard without
302 specific authorization of a law enforcement officer or law
303 enforcement agency. Wreckers must use amber rotating or flashing
304 lights while performing recoveries and loading on the roadside
305 day or night, and may use such lights while towing a vehicle on
306 wheel lifts, slings, or under reach if the operator of the
307 wrecker deems such lights necessary. A flatbed, car carrier, or
308 rollback may not use amber rotating or flashing lights when
309 hauling a vehicle on the bed unless it creates a hazard to other
310 motorists because of protruding objects. Further, escort
311 vehicles may show or display amber lights when in the actual
312 process of escorting overdimensioned equipment, material, or
313 buildings as authorized by law. Vehicles owned or leased by
314 private security agencies may show or display green and amber
315 lights, with either color being no greater than 50 percent of
316 the lights displayed, while the security personnel are engaged
317 in security duties on private or public property.
318 Section 11. Section 316.2398, Florida Statutes, is amended
319 to read:
320 316.2398 Display or use of red or red and white warning
321 signals; motor vehicles of volunteer firefighters or medical
322 staff.—
323 (1) A privately owned vehicle belonging to an active
324 firefighter member of a regularly organized volunteer
325 firefighting company or association, while en route to the fire
326 station for the purpose of proceeding to the scene of a fire or
327 other emergency or while en route to the scene of a fire or
328 other emergency in the line of duty as an active firefighter
329 member of a regularly organized firefighting company or
330 association, may display or use red or red and white warning
331 signals. or A privately owned vehicle belonging to a medical
332 staff physician or technician of a medical facility licensed by
333 the state, while responding to an emergency in the line of duty,
334 may display or use red warning signals. Warning signals must be
335 visible from the front and from the rear of such vehicle,
336 subject to the following restrictions and conditions:
337 (a) No more than two red or red and white warning signals
338 may be displayed.
339 (b) No inscription of any kind may appear across the face
340 of the lens of the red or red and white warning signal.
341 (c) In order for an active volunteer firefighter to display
342 such red or red and white warning signals on his or her vehicle,
343 the volunteer firefighter must first secure a written permit
344 from the chief executive officers of the firefighting
345 organization to use the red or red and white warning signals,
346 and this permit must be carried by the volunteer firefighter at
347 all times while the red or red and white warning signals are
348 displayed.
349 (2) A It is unlawful for any person who is not an active
350 firefighter member of a regularly organized volunteer
351 firefighting company or association or a physician or technician
352 of the medical staff of a medical facility licensed by the state
353 may not to display on any motor vehicle owned by him or her, at
354 any time, any red or red and white warning signals as described
355 in subsection (1).
356 (3) It is unlawful for An active volunteer firefighter may
357 not to operate any red or red and white warning signals as
358 authorized in subsection (1), except while en route to the fire
359 station for the purpose of proceeding to the scene of a fire or
360 other emergency, or while at or en route to the scene of a fire
361 or other emergency, in the line of duty.
362 (4) It is unlawful for A physician or technician of the
363 medical staff of a medical facility may not to operate any red
364 warning signals as authorized in subsection (1), except when
365 responding to an emergency in the line of duty.
366 (5) A violation of this section is a nonmoving violation,
367 punishable as provided in chapter 318. In addition, a any
368 volunteer firefighter who violates this section shall be
369 dismissed from membership in the firefighting organization by
370 the chief executive officers thereof.
371 Section 12. Subsection (1) and paragraphs (a), (c), (d),
372 and (f) of subsection (2) of section 316.302, Florida Statutes,
373 are amended to read:
374 316.302 Commercial motor vehicles; safety regulations;
375 transporters and shippers of hazardous materials; enforcement.—
376 (1) Except as otherwise provided in subsection (3):
377 (a) All owners and drivers of commercial motor vehicles
378 that are operated on the public highways of this state while
379 engaged in interstate commerce are subject to the rules and
380 regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
381 (b) Except as otherwise provided in this section, all
382 owners or drivers of commercial motor vehicles that are engaged
383 in intrastate commerce are subject to the rules and regulations
384 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
385 the exception of 49 C.F.R. s. 390.5 as it relates to the
386 definition of bus, as such rules and regulations existed on
387 December 31, 2017 2012.
388 (c) The emergency exceptions provided by 49 C.F.R. s.
389 392.82 also apply to communications by utility drivers and
390 utility contractor drivers during a Level 1 activation of the
391 State Emergency Operations Center, as provided in the Florida
392 Comprehensive Emergency Management plan, or during a state of
393 emergency declared by executive order or proclamation of the
394 Governor.
395 (d) Except as provided in s. 316.215(5), and except as
396 provided in s. 316.228 for rear overhang lighting and flagging
397 requirements for intrastate operations, the requirements of this
398 section supersede all other safety requirements of this chapter
399 for commercial motor vehicles.
400 (e) For motor carriers engaged in intrastate commerce who
401 are not carrying hazardous materials in amounts that require
402 placards, the requirement for electronic logging devices and
403 hours of service support documents shall take effect December
404 31, 2018.
405 (2)(a) A person who operates a commercial motor vehicle
406 solely in intrastate commerce not transporting any hazardous
407 material in amounts that require placarding pursuant to 49
408 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
409 and 395.3 395.3(a) and (b).
410 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
411 operates a commercial motor vehicle solely in intrastate
412 commerce not transporting any hazardous material in amounts that
413 require placarding pursuant to 49 C.F.R. part 172 may not drive
414 after having been on duty more than 70 hours in any period of 7
415 consecutive days or more than 80 hours in any period of 8
416 consecutive days if the motor carrier operates every day of the
417 week. Thirty-four consecutive hours off duty shall constitute
418 the end of any such period of 7 or 8 consecutive days. This
419 weekly limit does not apply to a person who operates a
420 commercial motor vehicle solely within this state while
421 transporting, during harvest periods, any unprocessed
422 agricultural products or unprocessed food or fiber that is
423 subject to seasonal harvesting from place of harvest to the
424 first place of processing or storage or from place of harvest
425 directly to market or while transporting livestock, livestock
426 feed, or farm supplies directly related to growing or harvesting
427 agricultural products. Upon request of the Department of Highway
428 Safety and Motor Vehicles, motor carriers shall furnish time
429 records or other written verification to that department so that
430 the Department of Highway Safety and Motor Vehicles can
431 determine compliance with this subsection. These time records
432 must be furnished to the Department of Highway Safety and Motor
433 Vehicles within 2 days after receipt of that department’s
434 request. Falsification of such information is subject to a civil
435 penalty not to exceed $100. The provisions of This paragraph
436 does do not apply to operators of farm labor vehicles operated
437 during a state of emergency declared by the Governor or operated
438 pursuant to s. 570.07(21), and does do not apply to drivers of
439 utility service vehicles as defined in 49 C.F.R. s. 395.2.
440 (d) A person who operates a commercial motor vehicle solely
441 in intrastate commerce not transporting any hazardous material
442 in amounts that require placarding pursuant to 49 C.F.R. part
443 172 within a 150 air-mile radius of the location where the
444 vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
445 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
446 395.1(e)(1)(iii) and (v) are met. If a driver is not released
447 from duty within 12 hours after the driver arrives for duty, the
448 motor carrier must maintain documentation of the driver’s
449 driving times throughout the duty period.
450 (f) A person who operates a commercial motor vehicle having
451 a declared gross vehicle weight, gross vehicle weight rating,
452 and gross combined weight rating of less than 26,001 pounds
453 solely in intrastate commerce and who is not transporting
454 hazardous materials in amounts that require placarding pursuant
455 to 49 C.F.R. part 172, or who is transporting petroleum products
456 as defined in s. 376.301, is exempt from subsection (1).
457 However, such person must comply with 49 C.F.R. parts 382, 392,
458 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
459 Section 13. Subsection (3) of section 316.303, Florida
460 Statutes, is amended to read:
461 316.303 Television receivers.—
462 (3) This section does not prohibit the use of an electronic
463 display used in conjunction with a vehicle navigation system; an
464 electronic display used by an operator of a vehicle equipped
465 with autonomous technology, as defined in s. 316.003; or an
466 electronic display used by an operator of a platoon or a vehicle
467 equipped and operating with driver-assistive truck platooning
468 technology, as defined in s. 316.003.
469 Section 14. Subsections (3) and (4) of section 316.515,
470 Florida Statutes, are amended, and subsection (16) is added to
471 that section, to read:
472 316.515 Maximum width, height, length.—
473 (3) LENGTH LIMITATION.—Except as otherwise provided in this
474 section, length limitations apply solely to a semitrailer or
475 trailer, and not to a truck tractor or to the overall length of
476 a combination of vehicles. No combination of commercial motor
477 vehicles coupled together and operating on the public roads may
478 consist of more than one truck tractor and two trailing units.
479 Unless otherwise specifically provided for in this section, a
480 combination of vehicles not qualifying as commercial motor
481 vehicles may consist of no more than two units coupled together;
482 such nonqualifying combination of vehicles may not exceed a
483 total length of 65 feet, inclusive of the load carried thereon,
484 but exclusive of safety and energy conservation devices approved
485 by the department for use on vehicles using public roads.
486 Notwithstanding any other provision of this section, a truck
487 tractor-semitrailer combination engaged in the transportation of
488 automobiles or boats may transport motor vehicles or boats on
489 part of the power unit; and, except as may otherwise be mandated
490 under federal law, an automobile or boat transporter semitrailer
491 may not exceed 50 feet in length, exclusive of the load;
492 however, the load may extend up to an additional 6 feet beyond
493 the rear of the trailer. The 50-feet length limitation does not
494 apply to non-stinger-steered automobile or boat transporters
495 that are 65 feet or less in overall length, exclusive of the
496 load carried thereon, or to stinger-steered automobile or boat
497 transporters that are 75 feet or less in overall length,
498 exclusive of the load carried thereon, or to stinger-steered
499 automobile transporters that are 80 feet or less in overall
500 length, exclusive of the load carried thereon. For purposes of
501 this subsection, a “stinger-steered automobile or boat
502 transporter” is an automobile or boat transporter configured as
503 a semitrailer combination wherein the fifth wheel is located on
504 a drop frame located behind and below the rearmost axle of the
505 power unit. Automobile transporters operating under this
506 subsection may backhaul cargo or general freight when the weight
507 limits of s. 316.535 are not exceeded. Notwithstanding
508 paragraphs (a) and (b), any straight truck or truck tractor
509 semitrailer combination engaged in the transportation of
510 horticultural trees may allow the load to extend up to an
511 additional 10 feet beyond the rear of the vehicle, provided said
512 trees are resting against a retaining bar mounted above the
513 truck bed so that the root balls of the trees rest on the floor
514 and to the front of the truck bed and the tops of the trees
515 extend up over and to the rear of the truck bed, and provided
516 the overhanging portion of the load is covered with protective
517 fabric.
518 (a) Straight trucks.—A straight truck may not exceed a
519 length of 40 feet in extreme overall dimension, exclusive of
520 safety and energy conservation devices approved by the
521 department for use on vehicles using public roads. A straight
522 truck may attach a forklift to the rear of the cargo bed,
523 provided the overall combined length of the vehicle and the
524 forklift does not exceed 50 feet. A straight truck may tow no
525 more than one trailer, and the overall length of the truck
526 trailer combination may not exceed 68 feet, including the load
527 thereon. Notwithstanding any other provisions of this section, a
528 truck-trailer combination engaged in the transportation of
529 boats, or boat trailers whose design dictates a front-to-rear
530 stacking method may not exceed the length limitations of this
531 paragraph exclusive of the load; however, the load may extend up
532 to an additional 6 feet beyond the rear of the trailer.
533 (b) Semitrailers.—
534 1. A semitrailer operating in a truck tractor-semitrailer
535 combination may not exceed 48 feet in extreme overall outside
536 dimension, measured from the front of the unit to the rear of
537 the unit and the load carried thereon, exclusive of safety and
538 energy conservation devices approved by the department for use
539 on vehicles using public roads, unless it complies with
540 subparagraph 2. A semitrailer which exceeds 48 feet in length
541 and is used to transport divisible loads may operate in this
542 state only if issued a permit under s. 316.550 and if such
543 trailer meets the requirements of this chapter relating to
544 vehicle equipment and safety. Except for highways on the tandem
545 trailer truck highway network, public roads deemed unsafe for
546 longer semitrailer vehicles or those roads on which such longer
547 vehicles are determined not to be in the interest of public
548 convenience shall, in conformance with s. 316.006, be restricted
549 by the Department of Transportation or by the local authority to
550 use by semitrailers not exceeding a length of 48 feet, inclusive
551 of the load carried thereon but exclusive of safety and energy
552 conservation devices approved by the department for use on
553 vehicles using public roads. Truck tractor-semitrailer
554 combinations shall be afforded reasonable access to terminals;
555 facilities for food, fuel, repairs, and rest; and points of
556 loading and unloading.
557 2. A semitrailer which is more than 48 feet but not more
558 than 57 feet in extreme overall outside dimension, as measured
559 pursuant to subparagraph 1., may operate on public roads, except
560 roads on the State Highway System which are restricted by the
561 Department of Transportation or other roads restricted by local
562 authorities, if:
563 a. The distance between the kingpin or other peg that locks
564 into the fifth wheel of a truck tractor and the center of the
565 rear axle or rear group of axles does not exceed 41 feet, or, in
566 the case of a semitrailer used exclusively or primarily to
567 transport vehicles in connection with motorsports competition
568 events, the distance does not exceed 46 feet from the kingpin to
569 the center of the rear axles; and
570 b. It is equipped with a substantial rear-end underride
571 protection device meeting the requirements of 49 C.F.R. s.
572 393.86, “Rear End Protection.”
573 (c) Tandem trailer trucks.—
574 1. Except for semitrailers and trailers of up to 28 1/2
575 feet in length which existed on December 1, 1982, and which were
576 actually and lawfully operating on that date, no semitrailer or
577 trailer operating in a truck tractor-semitrailer-trailer
578 combination may exceed a length of 28 feet in extreme overall
579 outside dimension, measured from the front of the unit to the
580 rear of the unit and the load carried thereon, exclusive of
581 safety and energy conservation devices approved by the
582 Department of Transportation for use on vehicles using public
583 roads.
584 2. Tandem trailer trucks conforming to the weight and size
585 limitations of this chapter and in immediate transit to or from
586 a terminal facility as defined in this chapter may operate on
587 the public roads of this state except for residential
588 neighborhood streets restricted by the Department of
589 Transportation or local jurisdictions. In addition, the
590 Department of Transportation or local jurisdictions may restrict
591 these vehicles from using streets and roads under their
592 maintenance responsibility on the basis of safety and
593 engineering analyses, provided that the restrictions are
594 consistent with the provisions of this chapter. The Department
595 of Transportation shall develop safety and engineering standards
596 to be used by all jurisdictions when identifying public roads
597 and streets to be restricted from tandem trailer truck
598 operations.
599 3. Except as otherwise provided in this section, within 5
600 miles of the Federal National Network for large trucks, tandem
601 trailer trucks shall be afforded access to terminals; facilities
602 for food, fuel, repairs, and rest; and points of loading and
603 unloading.
604 4. Notwithstanding the provisions of any general or special
605 law to the contrary, all local system tandem trailer truck route
606 review procedures must be consistent with those adopted by the
607 Department of Transportation.
608 5. Tandem trailer trucks employed as household goods
609 carriers and conforming to the weight and size limitations of
610 this chapter shall be afforded access to points of loading and
611 unloading on the public streets and roads of this state, except
612 for streets and roads that have been restricted from use by such
613 vehicles on the basis of safety and engineering analyses by the
614 jurisdiction responsible for maintenance of the streets and
615 roads.
616 (d) Maxi-cube vehicles.—Maxi-cube vehicles shall be allowed
617 to operate on routes open to tandem trailer trucks under the
618 same conditions applicable to tandem trailer trucks as specified
619 by this section.
620 (4) LOAD EXTENSION LIMITATION.—The load upon any vehicle
621 operated alone, or the load upon the front vehicle of a
622 combination of vehicles, may not extend more than 3 feet beyond
623 the front wheels of the vehicle or the front bumper of the
624 vehicle if it is equipped with a bumper. However, the load upon
625 any stinger-steered automobile transporter may not extend more
626 than 4 feet beyond the front bumper of the vehicle.
627 (a) The limitations of this subsection do not apply to
628 bicycle racks carrying bicycles on public sector transit
629 vehicles.
630 (b) The provisions of this subsection shall not apply to a
631 front-end loading collection vehicle, when:
632 1. The front-end loading mechanism and container or
633 containers are in the lowered position;
634 2. The vehicle is engaged in collecting solid waste or
635 recyclable or recovered materials;
636 3. The vehicle is being operated at speeds less than 20
637 miles per hour with the vehicular hazard-warning lights
638 activated; and
639 4. The extension does not exceed 8 feet 6 inches.
640 (16) TOWAWAY TRAILER TRANSPORTER COMBINATIONS.—An unladen
641 power unit may tow two trailers or semitrailers when the
642 combination is not used to carry property, the overall
643 combination length does not exceed 82 feet, and the total gross
644 weight of the combination does not exceed 26,000 pounds. The
645 trailers or semitrailers must constitute inventory property of a
646 manufacturer, distributor, or dealer of such trailers or
647 semitrailers.
648 Section 15. Subsection (3) is added to section 316.85,
649 Florida Statutes, to read:
650 316.85 Autonomous vehicles; operation.—
651 (3) The Florida Turnpike Enterprise and any authority
652 formed under chapters 343, 348, and 349 may fund, construct, and
653 operate facilities for the advancement of autonomous and
654 connected innovative transportation technology solutions for the
655 purposes of improving safety and decreasing congestion for the
656 traveling public and to otherwise advance the enterprise’s or
657 authority’s objectives as set forth under the Florida
658 Transportation Code or the authority’s enabling statutes,
659 respectively.
660 Section 16. Subsection (9) of section 318.14, Florida
661 Statutes, is amended to read:
662 318.14 Noncriminal traffic infractions; exception;
663 procedures.—
664 (9) Any person who does not hold a commercial driver
665 license or commercial learner’s permit and who is cited while
666 driving a noncommercial motor vehicle for an infraction under
667 this section other than a violation of s. 316.183(2), s.
668 316.187, or s. 316.189 when the driver exceeds the posted limit
669 by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
670 (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
671 lieu of a court appearance, elect to attend in the location of
672 his or her choice within this state a basic driver improvement
673 course approved by the Department of Highway Safety and Motor
674 Vehicles. In such a case, adjudication must be withheld and
675 points, as provided by s. 322.27, may not be assessed. However,
676 a person may not make an election under this subsection if the
677 person has made an election under this subsection in the
678 preceding 12 months. A person may not make more than five
679 elections within his or her lifetime under this subsection,
680 except that a person who is 30 years of age or older who has
681 previously made five elections may make an election under this
682 subsection if the person has not made an election in the
683 preceding 36 months. The requirement for community service under
684 s. 318.18(8) is not waived by a plea of nolo contendere or by
685 the withholding of adjudication of guilt by a court. If a person
686 makes an election to attend a basic driver improvement course
687 under this subsection, 18 percent of the civil penalty imposed
688 under s. 318.18(3) shall be deposited in the State Courts
689 Revenue Trust Fund; however, that portion is not revenue for
690 purposes of s. 28.36 and may not be used in establishing the
691 budget of the clerk of the court under that section or s. 28.35.
692 Section 17. Section 319.141, Florida Statutes, is amended
693 to read:
694 319.141 Pilot rebuilt motor vehicle inspection program.—
695 (1) As used in this section, the term:
696 (a) “Facility” means a rebuilt motor vehicle inspection
697 facility authorized and operating under this section.
698 (b) “Rebuilt inspection services” means an examination of a
699 rebuilt vehicle and a properly endorsed certificate of title,
700 salvage certificate of title, or manufacturer’s statement of
701 origin and an application for a rebuilt certificate of title, a
702 rebuilder’s affidavit, a photograph of the junk or salvage
703 vehicle taken before repairs began, a photograph of the interior
704 driver and passenger sides of the vehicle if airbags were
705 previously deployed and replaced, receipts or invoices for all
706 major component parts, as defined in s. 319.30, and repairs
707 which were changed, and proof that notice of rebuilding of the
708 vehicle has been reported to the National Motor Vehicle Title
709 Information System.
710 (2) By July 1, 2015, The department shall oversee a pilot
711 program in Miami-Dade County to evaluate alternatives for
712 rebuilt inspection services offered by existing private sector
713 operators, including the continued use of private facilities,
714 the cost impact to consumers, and the potential savings to the
715 department.
716 (3) The department shall establish a memorandum of
717 understanding that allows private parties participating in the
718 pilot program to conduct rebuilt motor vehicle inspections and
719 specifies requirements for oversight, bonding and insurance,
720 procedures, and forms and requires the electronic transmission
721 of documents.
722 (4) Before an applicant is approved or renewed, the
723 department shall ensure that the applicant meets basic criteria
724 designed to protect the public. At a minimum, the applicant
725 shall meet all of the following requirements:
726 (a) Have and maintain a surety bond or irrevocable letter
727 of credit in the amount of $100,000 executed by the applicant.
728 (b) Secure and maintain a facility at a permanent fixed
729 structure which has at an address identified by a county-issued
730 tax folio number and recognized by the United States Postal
731 Service where the only services provided on such property are
732 rebuilt inspection services. The operator of a facility shall
733 annually attest that:
734 1. He or she is not employed by or does not have an
735 ownership interest in or other financial arrangement with the
736 owner, operator, manager, or employee of a motor vehicle repair
737 shop as defined in s. 559.903, a motor vehicle dealer as defined
738 in s. 320.27(1)(c), a towing company, a vehicle storage company,
739 a vehicle auction, an insurance company, a salvage yard, a metal
740 retailer, or a metal rebuilder, from which he or she receives
741 remuneration, directly or indirectly, for the referral of
742 customers for rebuilt inspection services;
743 2. There have been no changes to the ownership structure of
744 the approved facility; and
745 3. The only services being provided by the operator of the
746 facility at the property are rebuilt vehicle inspection services
747 approved by the department.
748 (c) Have and maintain garage liability and other insurance
749 required by the department.
750 (d) Have completed criminal background checks of the
751 owners, partners, and corporate officers and the inspectors
752 employed by the facility.
753 (e) Have a designated office and customer waiting area that
754 is separate from and not within view of the vehicle inspection
755 area. The vehicle inspection area must be capable of
756 accommodating all vehicle types and must be equipped with
757 cameras allowing the department to view and monitor every
758 inspection.
759 (f)(e) Meet any additional criteria the department
760 determines necessary to conduct proper inspections.
761 (5) A participant in the program shall access vehicle and
762 title information and enter inspection results through an
763 electronic filing system authorized by the department and shall
764 maintain records of each rebuilt vehicle inspection processed at
765 such facility for at least 5 years.
766 (6) A participant in the program may not conduct an
767 inspection of a vehicle rebuilt before its purchase by the
768 current applicant. Such vehicles must be inspected by the
769 department.
770 (7) Any applicant for a rebuilt title that fails an initial
771 rebuilt inspection may have that vehicle reinspected only by the
772 department or the facility that conducted the original
773 inspection.
774 (8) Any person or business authorized by the department to
775 train, certify, or recertify operators and inspectors of private
776 rebuilt motor vehicle inspection facilities may not certify or
777 recertify itself or any of its employees.
778 (9)(6) The department shall conduct an onsite facility
779 inspection at least twice a year and shall immediately terminate
780 any operator from the program who fails to meet the minimum
781 eligibility requirements specified in subsection (4). Before any
782 a change in ownership or transfer of a rebuilt inspection
783 facility, the current operator must give the department 45 days’
784 written notice of the intended sale or transfer. The prospective
785 owner or transferee must meet the eligibility requirements of
786 this section and execute a new memorandum of understanding with
787 the department before operating the facility.
788 (10)(7) This section is repealed on July 1, 2020 2018,
789 unless saved from repeal through reenactment by the Legislature.
790 On or before January 1, 2019, the department shall submit a
791 written report to the Governor, the President of the Senate, and
792 the Speaker of the House of Representatives evaluating the
793 current program and the benefits to the consumer and the
794 department.
795 Section 18. Paragraph (a) of subsection (1) and subsection
796 (24) of section 320.01, Florida Statutes, are amended to read:
797 320.01 Definitions, general.—As used in the Florida
798 Statutes, except as otherwise provided, the term:
799 (1) “Motor vehicle” means:
800 (a) An automobile, motorcycle, truck, trailer, semitrailer,
801 truck tractor and semitrailer combination, or any other vehicle
802 operated on the roads of this state, used to transport persons
803 or property, and propelled by power other than muscular power,
804 but the term does not include traction engines, road rollers,
805 personal delivery devices and mobile carriers as defined in s.
806 316.003, special mobile equipment as defined in s. 316.003,
807 vehicles that run only upon a track, bicycles, swamp buggies, or
808 mopeds.
809 (24) “Apportionable vehicle” means any vehicle, except
810 recreational vehicles, vehicles displaying restricted plates,
811 city pickup and delivery vehicles, buses used in transportation
812 of chartered parties, and government-owned vehicles, which is
813 used or intended for use in two or more member jurisdictions
814 that allocate or proportionally register vehicles and which is
815 used for the transportation of persons for hire or is designed,
816 used, or maintained primarily for the transportation of property
817 and:
818 (a) Is a power unit having a gross vehicle weight in excess
819 of 26,000 pounds;
820 (b) Is a power unit having three or more axles, regardless
821 of weight; or
822 (c) Is used in combination, when the weight of such
823 combination exceeds 26,000 pounds gross vehicle weight.
824
825 Vehicles, or combinations thereof, having a gross vehicle weight
826 of 26,000 pounds or less and two-axle vehicles may be
827 proportionally registered.
828 Section 19. Subsection (19) of section 320.02, Florida
829 Statutes, is amended, and paragraph (v) is added to subsection
830 (15) of that section, to read:
831 320.02 Registration required; application for registration;
832 forms.—
833 (15)
834 (v) Notwithstanding s. 320.023, the application form for
835 motor vehicle registration and renewal of registration must
836 include language permitting a voluntary contribution of $1 per
837 applicant to aid research in Alzheimer’s disease or related
838 forms of dementia. Contributions made pursuant to this paragraph
839 shall be distributed to the Alzheimer’s Association, Inc., for
840 the purpose of such research conducted within the state.
841
842 For the purpose of applying the service charge provided in s.
843 215.20, contributions received under this subsection are not
844 income of a revenue nature.
845 (19) A personal delivery device and a mobile carrier as
846 defined in s. 316.003 are is not required to satisfy the
847 registration and insurance requirements of this section.
848 Section 20. Paragraph (b) of subsection (1) and paragraph
849 (a) of subsection (3) of section 320.06, Florida Statutes, are
850 amended to read:
851 320.06 Registration certificates, license plates, and
852 validation stickers generally.—
853 (1)
854 (b)1. Registration license plates bearing a graphic symbol
855 and the alphanumeric system of identification shall be issued
856 for a 10-year period. At the end of the 10-year period, upon
857 renewal, the plate shall be replaced. The department shall
858 extend the scheduled license plate replacement date from a 6
859 year period to a 10-year period. The fee for such replacement is
860 $28, $2.80 of which shall be paid each year before the plate is
861 replaced, to be credited toward the next $28 replacement fee.
862 The fees shall be deposited into the Highway Safety Operating
863 Trust Fund. A credit or refund may not be given for any prior
864 years’ payments of the prorated replacement fee if the plate is
865 replaced or surrendered before the end of the 10-year period,
866 except that a credit may be given if a registrant is required by
867 the department to replace a license plate under s.
868 320.08056(8)(a). With each license plate, a validation sticker
869 shall be issued showing the owner’s birth month, license plate
870 number, and the year of expiration or the appropriate renewal
871 period if the owner is not a natural person. The validation
872 sticker shall be placed on the upper right corner of the license
873 plate. The license plate and validation sticker shall be issued
874 based on the applicant’s appropriate renewal period. The
875 registration period is 12 months, the extended registration
876 period is 24 months, and all expirations occur based on the
877 applicant’s appropriate registration period.
878 2. Before October 1, 2019, a vehicle that has an
879 apportioned registration shall be issued an annual license plate
880 and a cab card denoting that denote the declared gross vehicle
881 weight for each apportioned jurisdiction in which the vehicle is
882 authorized to operate.
883 3. Beginning October 1, 2019, a vehicle registered in
884 accordance with the International Registration Plan shall be
885 issued a license plate for a 5-year period, an annual cab card
886 denoting the declared gross vehicle weight, and an annual
887 validation sticker showing the month and year of expiration. The
888 validation sticker shall be placed in the center of the license
889 plate. The license plate and validation sticker shall be issued
890 based on the applicant’s appropriate renewal period. The fee for
891 the initial validation sticker and any renewed validation
892 sticker is $28. This fee shall be deposited into the Highway
893 Safety Operating Trust Fund. A damaged or worn license plate may
894 be replaced at no charge by applying to the department and
895 surrendering the current license plate.
896 4.2. In order to retain the efficient administration of the
897 taxes and fees imposed by this chapter, the 80-cent fee increase
898 in the replacement fee imposed by chapter 2009-71, Laws of
899 Florida, is negated as provided in s. 320.0804.
900 (3)(a) Registration license plates must be made of metal
901 specially treated with a retroreflection material, as specified
902 by the department. The registration license plate is designed to
903 increase nighttime visibility and legibility and must be at
904 least 6 inches wide and not less than 12 inches in length,
905 unless a plate with reduced dimensions is deemed necessary by
906 the department to accommodate motorcycles, mopeds, or similar
907 smaller vehicles. Validation stickers must also be treated with
908 a retroreflection material, must be of such size as specified by
909 the department, and must adhere to the license plate. The
910 registration license plate must be imprinted with a combination
911 of bold letters and numerals or numerals, not to exceed seven
912 digits, to identify the registration license plate number. The
913 license plate must be imprinted with the word “Florida” at the
914 top and the name of the county in which it is sold, the state
915 motto, or the words “Sunshine State” at the bottom. Apportioned
916 license plates must have the word “Apportioned” at the bottom
917 and license plates issued for vehicles taxed under s.
918 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
919 the word “Restricted” at the bottom. License plates issued for
920 vehicles taxed under s. 320.08(12) must be imprinted with the
921 word “Florida” at the top and the word “Dealer” at the bottom
922 unless the license plate is a specialty license plate as
923 authorized in s. 320.08056. Manufacturer license plates issued
924 for vehicles taxed under s. 320.08(12) must be imprinted with
925 the word “Florida” at the top and the word “Manufacturer” at the
926 bottom. License plates issued for vehicles taxed under s.
927 320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at
928 the bottom. Any county may, upon majority vote of the county
929 commission, elect to have the county name removed from the
930 license plates sold in that county. The state motto or the words
931 “Sunshine State” shall be printed in lieu thereof. A license
932 plate issued for a vehicle taxed under s. 320.08(6) may not be
933 assigned a registration license number, or be issued with any
934 other distinctive character or designation, that distinguishes
935 the motor vehicle as a for-hire motor vehicle.
936 Section 21. Section 320.0605, Florida Statutes, is amended
937 to read:
938 320.0605 Certificate of registration; possession required;
939 exception.—
940 (1)(a) The registration certificate or an official copy
941 thereof, including an electronic copy in a format authorized by
942 the department, a true copy or an electronic copy of rental or
943 lease documentation issued for a motor vehicle or issued for a
944 replacement vehicle in the same registration period, a temporary
945 receipt printed upon self-initiated electronic renewal of a
946 registration via the Internet, or a cab card issued for a
947 vehicle registered under the International Registration Plan
948 shall, at all times while the vehicle is being used or operated
949 on the roads of this state, be in the possession of the operator
950 thereof or be carried in the vehicle for which issued and shall
951 be exhibited upon demand of any authorized law enforcement
952 officer or any agent of the department, except for a vehicle
953 registered under s. 320.0657. The provisions of This section
954 does do not apply during the first 30 days after purchase of a
955 replacement vehicle. A violation of this section is a
956 noncriminal traffic infraction, punishable as a nonmoving
957 violation as provided in chapter 318.
958 (b)1. The act of presenting to a law enforcement officer or
959 agent of the department an electronic device displaying an
960 electronic copy of the registration certificate or the rental or
961 lease documentation does not constitute consent for the officer
962 or agent to access any information on the device other than the
963 displayed registration certificate or rental or lease
964 documentation.
965 2. The person who presents the device to the officer or
966 agent assumes the liability for any resulting damage to the
967 device.
968 (2) Rental or lease documentation that is sufficient to
969 satisfy the requirement in subsection (1) includes the
970 following:
971 (a) Date of rental and time of exit from rental facility;
972 (b) Rental station identification;
973 (c) Rental agreement number;
974 (d) Rental vehicle identification number;
975 (e) Rental vehicle license plate number and state of
976 registration;
977 (f) Vehicle’s make, model, and color;
978 (g) Vehicle’s mileage; and
979 (h) Authorized renter’s name.
980 Section 22. Subsection (5) of section 320.0607, Florida
981 Statutes, is amended to read:
982 320.0607 Replacement license plates, validation decal, or
983 mobile home sticker.—
984 (5) Upon the issuance of an original license plate, the
985 applicant shall pay a fee of $28 to be deposited in the Highway
986 Safety Operating Trust Fund. Beginning October 1, 2019, this
987 subsection does not apply to a vehicle registered under the
988 International Registration Plan.
989 Section 23. Paragraph (b) of subsection (2) of section
990 320.0657, Florida Statutes, is amended to read:
991 320.0657 Permanent registration; fleet license plates.—
992 (2)
993 (b) The plates, which shall be of a distinctive color,
994 shall have the word “Fleet” appearing at the bottom and the word
995 “Florida” appearing at the top unless the license plate is a
996 specialty license plate as authorized in s. 320.08056. The
997 plates shall conform in all respects to the provisions of this
998 chapter, except as specified herein. For additional fees as set
999 forth in s. 320.08056, fleet companies may purchase specialty
1000 license plates in lieu of the standard fleet license plates.
1001 Fleet companies shall be responsible for all costs associated
1002 with the specialty license plate, including all annual use fees,
1003 processing fees, fees associated with switching license plate
1004 types, and any other applicable fees.
1005 Section 24. Subsection (12) of section 320.08, Florida
1006 Statutes, is amended to read:
1007 320.08 License taxes.—Except as otherwise provided herein,
1008 there are hereby levied and imposed annual license taxes for the
1009 operation of motor vehicles, mopeds, motorized bicycles as
1010 defined in s. 316.003(3), tri-vehicles as defined in s. 316.003,
1011 and mobile homes as defined in s. 320.01, which shall be paid to
1012 and collected by the department or its agent upon the
1013 registration or renewal of registration of the following:
1014 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
1015 motor vehicle dealer, independent motor vehicle dealer, marine
1016 boat trailer dealer, or mobile home dealer and manufacturer
1017 license plate: $17 flat, of which $4.50 shall be deposited into
1018 the General Revenue Fund. For additional fees as set forth in s.
1019 320.08056, dealers may purchase specialty license plates in lieu
1020 of the standard graphic dealer license plates. Dealers shall be
1021 responsible for all costs associated with the specialty license
1022 plate, including all annual use fees, processing fees, fees
1023 associated with switching license plate types, and any other
1024 applicable fees.
1025 Section 25. Section 320.08053, Florida Statutes, is amended
1026 to read:
1027 320.08053 Establishment of Requirements for requests to
1028 establish specialty license plates.—
1029 (1) If a specialty license plate requested by an
1030 organization is approved by law, the organization must submit
1031 the proposed art design for the specialty license plate to the
1032 department, in a medium prescribed by the department, as soon as
1033 practicable, but no later than 60 days after the act approving
1034 the specialty license plate becomes a law.
1035 (2)(a) Within 120 days after following the specialty
1036 license plate becomes becoming law, the department shall
1037 establish a method to issue a specialty license plate voucher to
1038 allow for the presale of the specialty license plate. The
1039 processing fee as prescribed in s. 320.08056, the service charge
1040 and branch fee as prescribed in s. 320.04, and the annual use
1041 fee as prescribed in s. 320.08056 shall be charged for the
1042 voucher. All other applicable fees shall be charged at the time
1043 of issuance of the license plates.
1044 (b) Within 24 months after the presale specialty license
1045 plate voucher is established, the approved specialty license
1046 plate organization must record with the department a minimum of
1047 3,000 1,000 voucher sales, or in the case of an out-of-state
1048 college or university license plate, 4,000 voucher sales, before
1049 manufacture of the license plate may begin commence. If, at the
1050 conclusion of the 24-month presale period, the minimum sales
1051 requirement has requirements have not been met, the specialty
1052 plate is deauthorized and the department shall discontinue
1053 development of the plate and discontinue issuance of the presale
1054 vouchers. Upon deauthorization of the license plate, a purchaser
1055 of the license plate voucher may use the annual use fee
1056 collected as a credit towards any other specialty license plate
1057 or apply for a refund on a form prescribed by the department.
1058 (3)(a) New specialty license plates that have been approved
1059 by law but are awaiting issuance under paragraph (b) shall be
1060 issued in the order they appear in s. 320.08056(4) provided that
1061 they have met the presale requirement. All other provisions of
1062 this section must also be met before a plate is issued. If the
1063 next awaiting specialty license plate has not met the presale
1064 requirement, the department shall proceed in the order provided
1065 in s. 320.08056(4) to identify the next qualified specialty
1066 license plate that has met the presale requirement. The
1067 department shall cycle through the list in statutory order.
1068 (b) If the Legislature has approved 125 or more specialty
1069 license plates, the department may not make any new specialty
1070 license plates available for design or issuance until a
1071 sufficient number of plates are discontinued pursuant to s.
1072 320.08056(8) such that the number of plates being issued does
1073 not exceed 125. Notwithstanding s. 320.08056(8)(a), the 125
1074 license-plate limit includes license plates above the minimum
1075 sales threshold and those exempt from that threshold.
1076 Section 26. Subsection (2) of section 320.08056, Florida
1077 Statutes, is amended, present paragraphs (ff) through (ddd),
1078 (fff) through (ppp), and (sss) through (eeee) of subsection (4)
1079 are redesignated as paragraphs (ee) through (ccc), (ddd) through
1080 (nnn), and (ooo) through (aaaa), respectively, present
1081 paragraphs (ee), (eee), (qqq), and (rrr) of that subsection are
1082 amended, new paragraphs (bbbb) through (eeee) and paragraphs
1083 (ffff) through (nnnn) are added to that subsection, paragraphs
1084 (c) through (f) are added to subsection (8), paragraph (a) of
1085 subsection (10) and subsection (11) are amended, and present
1086 subsection (12) is renumbered as subsection (13) and a new
1087 subsection (12) is added to that section, to read:
1088 320.08056 Specialty license plates.—
1089 (2)(a) The department shall issue a specialty license plate
1090 to the owner or lessee of any motor vehicle, except a vehicle
1091 registered under the International Registration Plan, a
1092 commercial truck required to display two license plates pursuant
1093 to s. 320.0706, or a truck tractor, upon request and payment of
1094 the appropriate license tax and fees.
1095 (b) The department may authorize dealer and fleet specialty
1096 license plates. With the permission of the sponsoring specialty
1097 license plate organization, a dealer or fleet company may
1098 purchase specialty license plates to be used on dealer and fleet
1099 vehicles.
1100 (c) Notwithstanding s. 320.08058, a dealer or fleet
1101 specialty license plate must include the letters “DLR” or “FLT”
1102 on the right side of the license plate. Dealer and fleet
1103 specialty license plates must be ordered directly through the
1104 department.
1105 (4) The following license plate annual use fees shall be
1106 collected for the appropriate specialty license plates:
1107 (ee) American Red Cross license plate, $25.
1108 (eee) Donate Organs-Pass It On license plate, $25.
1109 (qqq) St. Johns River license plate, $25.
1110 (rrr) Hispanic Achievers license plate, $25.
1111 (bbbb) Beat Childhood Cancer license plate, $25.
1112 (cccc) Auburn University license plate, $50.
1113 (dddd) Donate Life Florida license plate, $25.
1114 (eeee) Florida State Beekeepers Association license plate,
1115 $25.
1116 (ffff) Rotary license plate, $25.
1117 (gggg) Florida Bay Forever license plate, $25.
1118 (hhhh) Bonefish and Tarpon Trust license plate, $25.
1119 (iiii) Medical Professionals Who Care license plate, $25.
1120 (jjjj) University of Georgia license plate, $50.
1121 (kkkk) Highwaymen license plate, $25.
1122 (llll) Ducks Unlimited license plate, $25.
1123 (mmmm) Dan Marino Campus license plate, $25.
1124 (nnnn) University of Alabama license plate, $50.
1125 (8)
1126 (c) A vehicle owner or lessee issued a specialty license
1127 plate that has been discontinued by the department may keep the
1128 discontinued specialty license plate for the remainder of the
1129 10-year license plate replacement period and must pay all other
1130 applicable registration fees. However, such owner or lessee is
1131 exempt from paying the applicable specialty license plate fee
1132 under subsection (4) for the remainder of the 10-year license
1133 plate replacement period.
1134 (d) If the department discontinues issuance of a specialty
1135 license plate, all annual use fees held or collected by the
1136 department shall be distributed within 180 days after the date
1137 the specialty license plate is discontinued. Of those fees, the
1138 department shall retain an amount sufficient to defray the
1139 applicable administrative and inventory closeout costs
1140 associated with discontinuance of the plate. The remaining funds
1141 shall be distributed to the appropriate organization or
1142 organizations pursuant to s. 320.08058.
1143 (e) If an organization that is the intended recipient of
1144 the funds pursuant to s. 320.08058 no longer exists, the
1145 department shall deposit any undisbursed funds into the Highway
1146 Safety Operating Trust Fund.
1147 (f) Notwithstanding paragraph (a), on January 1 of each
1148 year, the department shall discontinue the specialty license
1149 plate with the fewest number of plates in circulation, including
1150 license plates exempt from a statutory sales requirement. A
1151 warning letter shall be mailed to the sponsoring organizations
1152 of the 10 percent of specialty license plates with the lowest
1153 number of valid, active registrations as of December 1 of each
1154 year.
1155 (10)(a) A specialty license plate annual use fee collected
1156 and distributed under this chapter, or any interest earned from
1157 those fees, may not be used for commercial or for-profit
1158 activities nor for general or administrative expenses, except as
1159 authorized by s. 320.08058 or to pay the cost of the audit or
1160 report required by s. 320.08062(1). The fees and any interest
1161 earned from the fees may be expended only for use in this state
1162 unless the annual use fee is derived from the sale of United
1163 States Armed Forces and veterans-related specialty license
1164 plates pursuant to paragraphs (4)(d), (bb), (kk), (iii), and
1165 (uuu) (ll), (kkk), and (yyy) and s. 320.0891 or out-of-state
1166 college or university license plates pursuant to paragraphs
1167 (4)(cccc), (jjjj), and (nnnn).
1168 (11) The annual use fee from the sale of specialty license
1169 plates, the interest earned from those fees, or any fees
1170 received by any entity an agency as a result of the sale of
1171 specialty license plates may not be used for the purpose of
1172 marketing to, or lobbying, entertaining, or rewarding, an
1173 employee of a governmental agency that is responsible for the
1174 sale and distribution of specialty license plates, or an elected
1175 member or employee of the Legislature.
1176 (12) For out-of-state college or university license plates
1177 created pursuant to this section, the recipient organization
1178 shall:
1179 (a) Have established an endowment, based in this state, for
1180 the purpose of providing scholarships to Florida residents
1181 meeting the requirements of this chapter.
1182 (b) Provide documentation to the department that the
1183 organization and the department have the college’s or
1184 university’s consent to use an appropriate image on a license
1185 plate.
1186 Section 27. Effective October 1, 2021, paragraph (a) of
1187 subsection (8) of section 320.08056, Florida Statutes, is
1188 amended to read:
1189 320.08056 Specialty license plates.—
1190 (8)(a) The department must discontinue the issuance of an
1191 approved specialty license plate if the number of valid
1192 specialty plate registrations falls below 3,000, or in the case
1193 of an out-of-state college or university license plate, 4,000,
1194 1,000 plates for at least 12 consecutive months. A warning
1195 letter shall be mailed to the sponsoring organization following
1196 the first month in which the total number of valid specialty
1197 plate registrations is below 3,000, or in the case of an out-of
1198 state college or university license plate, 4,000 1,000 plates.
1199 This paragraph does not apply to in-state collegiate license
1200 plates established under s. 320.08058(3), license plates of
1201 institutions in and entities of the State University System,
1202 specialty license plates that have statutory eligibility
1203 limitations for purchase, specialty license plates for which
1204 annual use fees are distributed by a foundation for student and
1205 teacher leadership programs and teacher recruitment and
1206 retention, or Florida Professional Sports Team license plates
1207 established under s. 320.08058(9).
1208 Section 28. Present subsections (32) through (56), (58)
1209 through (68), and (71) through (83) of section 320.08058,
1210 Florida Statutes, are renumbered as subsections (31) through
1211 (55), (56) through (66), and (67) through (79), respectively,
1212 paragraph (a) of subsection (3), paragraph (a) of subsection
1213 (7), paragraph (b) of subsection (11), present subsections (31),
1214 (48), (57), (65), (66), (69), and (70), and paragraph (b) of
1215 present subsection (80) are amended, and new subsections (80)
1216 through (83) and subsections (84) through (92) are added to that
1217 section, to read:
1218 320.08058 Specialty license plates.—
1219 (3) COLLEGIATE LICENSE PLATES.—
1220 (a) The department shall develop a collegiate license plate
1221 as provided in this section for state and independent
1222 universities domiciled in this state. However, any collegiate
1223 license plate created or established after October 1, 2002, must
1224 comply with the requirements of s. 320.08053 and be specifically
1225 authorized by an act of the Legislature. Collegiate license
1226 plates must bear the colors and design approved by the
1227 department as appropriate for each state and independent
1228 university. The word “Florida” must be stamped across the bottom
1229 of the plate in small letters. The department may consult with
1230 the University of Central Florida for the purpose of having the
1231 words “2017 Undefeated Champions” stamped on the University of
1232 Central Florida specialty license plate.
1233 (7) SPECIAL OLYMPICS FLORIDA LICENSE PLATES.—
1234 (a) Special Olympics Florida license plates must contain
1235 the official Special Olympics Florida logo and must bear the
1236 colors and a design and colors that are approved by the
1237 department. The word “Florida” must be centered at the top
1238 bottom of the plate, and the words “Be a Fan” “Everyone Wins”
1239 must be centered at the bottom top of the plate.
1240 (11) INVEST IN CHILDREN LICENSE PLATES.—
1241 (b) The proceeds of the Invest in Children license plate
1242 annual use fee must be deposited into the Juvenile Crime
1243 Prevention and Early Intervention Trust Fund within the
1244 Department of Juvenile Justice. Based on the recommendations of
1245 the juvenile justice councils, the Department of Juvenile
1246 Justice shall use the proceeds of the fee to fund programs and
1247 services that are designed to prevent juvenile delinquency. The
1248 department shall allocate moneys for programs and services
1249 within each county based on that county’s proportionate share of
1250 the license plate annual use fee collected by the county.
1251 (31) AMERICAN RED CROSS LICENSE PLATES.—
1252 (a) Notwithstanding the provisions of s. 320.08053, the
1253 department shall develop an American Red Cross license plate as
1254 provided in this section. The word “Florida” must appear at the
1255 top of the plate, and the words “American Red Cross” must appear
1256 at the bottom of the plate.
1257 (b) The department shall retain all revenues from the sale
1258 of such plates until all startup costs for developing and
1259 issuing the plates have been recovered. Thereafter, 50 percent
1260 of the annual use fees shall be distributed to the American Red
1261 Cross Chapter of Central Florida, with statistics on sales of
1262 license plates, which are tabulated by county. The American Red
1263 Cross Chapter of Central Florida must distribute to each of the
1264 chapters in this state the moneys received from sales in the
1265 counties covered by the respective chapters, which moneys must
1266 be used for education and disaster relief in Florida. Fifty
1267 percent of the annual use fees shall be distributed
1268 proportionately to the three statewide approved poison control
1269 centers for purposes of combating bioterrorism and other poison
1270 related purposes.
1271 (47)(48) LIVE THE DREAM LICENSE PLATES.—
1272 (a) The department shall develop a Live the Dream license
1273 plate as provided in this section. Live the Dream license plates
1274 must bear the colors and design approved by the department. The
1275 word “Florida” must appear at the top of the plate, and the
1276 words “Live the Dream” must appear at the bottom of the plate.
1277 (b) The proceeds of the annual use fee shall be distributed
1278 to the Dream Foundation, Inc., to The Dream Foundation, Inc.,
1279 shall retain the first $60,000 in proceeds from the annual use
1280 fees as reimbursement for administrative costs, startup costs,
1281 and costs incurred in the approval process. Thereafter, up to 25
1282 percent shall be used for continuing promotion and marketing of
1283 the license plate and concept. The remaining funds shall be used
1284 in the following manner:
1285 1. Up to 5 percent may be used to administer, promote, and
1286 market the license plate.
1287 2.1. At least 30 Twenty-five percent shall be distributed
1288 equally among the sickle cell organizations that are Florida
1289 members of the Sickle Cell Disease Association of America, Inc.,
1290 for programs that provide research, care, and treatment for
1291 sickle cell disease.
1292 3.2. At least 30 Twenty-five percent shall be distributed
1293 to the Florida chapter of the March of Dimes for programs and
1294 services that improve the health of babies through the
1295 prevention of birth defects and infant mortality.
1296 4.3. At least 15 Ten percent shall be distributed to the
1297 Florida Association of Healthy Start Coalitions to decrease
1298 racial disparity in infant mortality and to increase healthy
1299 birth outcomes. Funding will be used by local Healthy Start
1300 Coalitions to provide services and increase screening rates for
1301 high-risk pregnant women, children under 4 years of age, and
1302 women of childbearing age.
1303 5.4. At least 15 Ten percent shall be distributed to
1304 Chapman the Community Partnership for Homeless, Inc., for
1305 programs that provide relief from poverty, hunger, and
1306 homelessness.
1307 6. Up to 5 percent may be distributed by the department on
1308 behalf of The Dream Foundation, Inc., to The Martin Luther King,
1309 Jr. Center for Nonviolent Social Change, Inc., as a royalty for
1310 the use of the image of Dr. Martin Luther King, Jr.
1311 5. Five percent of the proceeds shall be used by the
1312 foundation for administrative costs directly associated with
1313 operations as they relate to the management and distribution of
1314 the proceeds.
1315 (57) DONATE ORGANS-PASS IT ON LICENSE PLATES.—
1316 (a) The department shall develop a Donate Organs-Pass It On
1317 license plate as provided in this section. The word “Florida”
1318 must appear at the top of the plate, and the words “Donate
1319 Organs-Pass It On” must appear at the bottom of the plate.
1320 (b) The annual use fees shall be distributed to Transplant
1321 Foundation, Inc., and shall use up to 10 percent of the proceeds
1322 from the annual use fee for marketing and administrative costs
1323 that are directly associated with the management and
1324 distribution of the proceeds. The remaining proceeds shall be
1325 used to provide statewide grants for patient services, including
1326 preoperative, rehabilitative, and housing assistance; organ
1327 donor education and awareness programs; and statewide medical
1328 research.
1329 (63)(65) LIGHTHOUSE ASSOCIATION LICENSE PLATES.—
1330 (a) The department shall develop a Lighthouse Association
1331 license plate as provided in this section. The word “Florida”
1332 must appear at the top of the plate, and the words
1333 “SaveOurLighthouses.org Visit Our Lights” must appear at the
1334 bottom of the plate.
1335 (b) The annual use fees shall be distributed to the Florida
1336 Lighthouse Association, Inc., which may use a maximum of 10
1337 percent of the proceeds to promote and market the plates. The
1338 remaining proceeds shall be used by the association to fund the
1339 preservation, restoration, and protection of the 29 historic
1340 lighthouses remaining in the state.
1341 (64)(66) IN GOD WE TRUST LICENSE PLATES.—
1342 (a) The department shall develop an In God We Trust license
1343 plate as provided in this section. However, the requirements of
1344 s. 320.08053 must be met before the plates are issued. In God We
1345 Trust license plates must bear the colors and design approved by
1346 the department. The word “Florida” must appear at the top of the
1347 plate, and the words “In God We Trust” must appear in the body
1348 of the plate.
1349 (b) The license plate annual use fees shall be distributed
1350 to the In God We Trust Foundation, Inc., which may use a maximum
1351 of 10 percent of the proceeds to offset marketing,
1352 administration, and promotion; the balance of the fees to
1353 address the needs of the military community; the needs of the
1354 public safety community; provide educational grants and
1355 scholarships to foster self-reliance and stability in Florida’s
1356 children; and provide education in public and private schools
1357 regarding the historical significance of religion in American
1358 and Florida history to fund educational scholarships for the
1359 children of Florida residents who are members of the United
1360 States Armed Forces, the National Guard, and the United States
1361 Armed Forces Reserve and for the children of public safety
1362 employees who have died in the line of duty who are not covered
1363 by existing state law. Funds shall also be distributed to other
1364 s. 501(c)(3) organizations that may apply for grants and
1365 scholarships and to provide educational grants to public and
1366 private schools to promote the historical and religious
1367 significance of American and Florida history. The In God We
1368 Trust Foundation, Inc., shall distribute the license plate
1369 annual use fees in the following manner:
1370 1. The In God We Trust Foundation, Inc., shall retain all
1371 revenues from the sale of such plates until all startup costs
1372 for developing and establishing the plate have been recovered.
1373 2. Ten percent of the funds received by the In God We Trust
1374 Foundation, Inc., shall be expended for administrative costs,
1375 promotion, and marketing of the license plate directly
1376 associated with the operations of the In God We Trust
1377 Foundation, Inc.
1378 3. All remaining funds shall be expended by the In God We
1379 Trust Foundation, Inc., for programs.
1380 (69) ST. JOHNS RIVER LICENSE PLATES.—
1381 (a) The department shall develop a St. Johns River license
1382 plate as provided in this section. The St. Johns River license
1383 plates must bear the colors and design approved by the
1384 department. The word “Florida” must appear at the top of the
1385 plate, and the words “St. Johns River” must appear at the bottom
1386 of the plate.
1387 (b) The requirements of s. 320.08053 must be met prior to
1388 the issuance of the plate. Thereafter, the license plate annual
1389 use fees shall be distributed to the St. Johns River Alliance,
1390 Inc., a s. 501(c)(3) nonprofit organization, which shall
1391 administer the fees as follows:
1392 1. The St. Johns River Alliance, Inc., shall retain the
1393 first $60,000 of the annual use fees as direct reimbursement for
1394 administrative costs, startup costs, and costs incurred in the
1395 development and approval process. Thereafter, up to 10 percent
1396 of the annual use fee revenue may be used for administrative
1397 costs directly associated with education programs, conservation,
1398 research, and grant administration of the organization, and up
1399 to 10 percent may be used for promotion and marketing of the
1400 specialty license plate.
1401 2. At least 30 percent of the fees shall be available for
1402 competitive grants for targeted community-based or county-based
1403 research or projects for which state funding is limited or not
1404 currently available. The remaining 50 percent shall be directed
1405 toward community outreach and access programs. The competitive
1406 grants shall be administered and approved by the board of
1407 directors of the St. Johns River Alliance, Inc. A grant advisory
1408 committee shall be composed of six members chosen by the St.
1409 Johns River Alliance board members.
1410 3. Any remaining funds shall be distributed with the
1411 approval of and accountability to the board of directors of the
1412 St. Johns River Alliance, Inc., and shall be used to support
1413 activities contributing to education, outreach, and springs
1414 conservation.
1415 (70) HISPANIC ACHIEVERS LICENSE PLATES.—
1416 (a) Notwithstanding the requirements of s. 320.08053, the
1417 department shall develop a Hispanic Achievers license plate as
1418 provided in this section. The plate must bear the colors and
1419 design approved by the department. The word “Florida” must
1420 appear at the top of the plate, and the words “Hispanic
1421 Achievers” must appear at the bottom of the plate.
1422 (b) The proceeds from the license plate annual use fee
1423 shall be distributed to National Hispanic Corporate Achievers,
1424 Inc., a nonprofit corporation under s. 501(c)(3) of the Internal
1425 Revenue Code, to fund grants to nonprofit organizations to
1426 operate programs and provide scholarships and for marketing the
1427 Hispanic Achievers license plate. National Hispanic Corporate
1428 Achievers, Inc., shall establish a Hispanic Achievers Grant
1429 Council that shall provide recommendations for statewide grants
1430 from available Hispanic Achievers license plate proceeds to
1431 nonprofit organizations for programs and scholarships for
1432 Hispanic and minority Floridians. National Hispanic Corporate
1433 Achievers, Inc., shall also establish a Hispanic Achievers
1434 License Plate Fund. Moneys in the fund shall be used by the
1435 grant council as provided in this paragraph. All funds received
1436 under this subsection must be used in this state.
1437 (c) National Hispanic Corporate Achievers, Inc., may retain
1438 all proceeds from the annual use fee until documented startup
1439 costs for developing and establishing the plate have been
1440 recovered. Thereafter, the proceeds from the annual use fee
1441 shall be used as follows:
1442 1. Up to 5 percent of the proceeds may be used for the cost
1443 of administration of the Hispanic Achievers License Plate Fund,
1444 the Hispanic Achievers Grant Council, and related matters.
1445 2. Funds may be used as necessary for annual audit or
1446 compliance affidavit costs.
1447 3. Up to 20 percent of the proceeds may be used to market
1448 and promote the Hispanic Achievers license plate.
1449 4. Twenty-five percent of the proceeds shall be used by the
1450 Hispanic Corporate Achievers, Inc., located in Seminole County,
1451 for grants.
1452 5. The remaining proceeds shall be available to the
1453 Hispanic Achievers Grant Council to award grants for services,
1454 programs, or scholarships for Hispanic and minority individuals
1455 and organizations throughout Florida. All grant recipients must
1456 provide to the Hispanic Achievers Grant Council an annual
1457 program and financial report regarding the use of grant funds.
1458 Such reports must be available to the public.
1459 (d) Effective July 1, 2014, the Hispanic Achievers license
1460 plate will shift into the presale voucher phase, as provided in
1461 s. 320.08053(2)(b). National Hispanic Corporate Achievers, Inc.,
1462 shall have 24 months to record a minimum of 1,000 sales. Sales
1463 include existing active plates and vouchers sold subsequent to
1464 July 1, 2014. During the voucher period, new plates may not be
1465 issued, but existing plates may be renewed. If, at the
1466 conclusion of the 24-month presale period, the requirement of a
1467 minimum of 1,000 sales has been met, the department shall resume
1468 normal distribution of the Hispanic Achievers license plate. If,
1469 after 24 months, the minimum of 1,000 sales has not been met,
1470 the department shall discontinue the Hispanic Achievers license
1471 plate. This subsection is repealed June 30, 2016.
1472 (76)(80) FALLEN LAW ENFORCEMENT OFFICERS LICENSE PLATES.—
1473 (b) The annual use fees shall be distributed to the Police
1474 and Kids Foundation, Inc., which may use up to a maximum of 10
1475 percent of the proceeds for marketing to promote and market the
1476 plate. All remaining The remainder of the proceeds shall be
1477 distributed to and used by the Police and Kids Foundation, Inc.,
1478 for its operations, activities, programs, and projects to invest
1479 and reinvest, and the interest earnings shall be used for the
1480 operation of the Police and Kids Foundation, Inc.
1481 (80) BEAT CHILDHOOD CANCER LICENSE PLATES.—
1482 (a) The department shall develop a Beat Childhood Cancer
1483 license plate as provided in this section and s. 320.08053. The
1484 plate must bear the colors and design approved by the
1485 department. The word “Florida” must appear at the top of the
1486 plate, and the words “Beat Childhood Cancer” must appear at the
1487 bottom of the plate.
1488 (b) The annual use fees from the sale of the plate shall be
1489 distributed as follows:
1490 1. Eighty percent shall be distributed to Beat Nb, Inc.,
1491 which may use up to 10 percent of the proceeds for
1492 administrative costs directly associated with the operation of
1493 the corporation and for marketing and promoting the plate. The
1494 remaining proceeds shall be used by the corporation to fund
1495 pediatric cancer treatment and research.
1496 2. Twenty percent shall be distributed to No Kid Should
1497 Know Cancer, Inc., a nonprofit corporation under s. 501(c)(3) of
1498 the Internal Revenue Code, which may use up to 5 percent of the
1499 proceeds for administrative costs and for the marketing of the
1500 plate. The balance of the fees shall be used by No Kid Should
1501 Know Cancer, Inc., to:
1502 a. Support families who have a child recently diagnosed
1503 with cancer;
1504 b. Hold events that raise awareness about childhood cancer;
1505 and
1506 c. Support clinical trials that work to provide better
1507 treatment plans for children diagnosed with cancer and,
1508 ultimately, a better prognosis.
1509 (81) AUBURN UNIVERSITY LICENSE PLATES.—
1510 (a) The department shall develop an Auburn University
1511 license plate as provided in this section and s. 320.08053. The
1512 plate must bear the colors and design approved by the
1513 department. The word “Florida” must appear at the top of the
1514 plate, and the words “War Eagle” must appear at the bottom of
1515 the plate.
1516 (b) The annual use fees from the sale of the plate shall be
1517 distributed to the Tampa Bay Auburn Club, which must use the
1518 moneys for the purpose of awarding scholarships to Florida
1519 residents attending Auburn University. Students receiving these
1520 scholarships must be eligible for the Florida Bright Futures
1521 Scholarship Program pursuant to s. 1009.531 and shall use the
1522 scholarship funds for tuition and other expenses related to
1523 attending Auburn University.
1524 (82) DONATE LIFE FLORIDA LICENSE PLATES.—
1525 (a) The department shall develop a Donate Life Florida
1526 license plate as provided in this section and s. 320.08053. The
1527 plate must bear the colors and design approved by the
1528 department. The word “Florida” must appear at the top of the
1529 plate, and the words “Donors Save Lives” must appear at the
1530 bottom of the plate.
1531 (b) The annual use fees from the sale of the plate shall be
1532 distributed to Donate Life Florida, which may use up to 10
1533 percent of the proceeds for marketing and administrative costs.
1534 The remaining proceeds of the annual use fees shall be used by
1535 Donate Life Florida to educate Florida residents on the
1536 importance of organ, tissue, and eye donation and for the
1537 continued maintenance of the Joshua Abbott Organ and Tissue
1538 Donor Registry.
1539 (83) FLORIDA STATE BEEKEEPERS ASSOCIATION LICENSE PLATES.—
1540 (a) The department shall develop a Florida State Beekeepers
1541 Association license plate as provided in this section and s.
1542 320.08053. The plate must bear the colors and design approved by
1543 the department. The word “Florida” must appear at the top of the
1544 plate, and the words “Save the Bees” must appear at the bottom
1545 of the plate.
1546 (b) The annual use fees shall be distributed to the Florida
1547 State Beekeepers Association, a Florida nonprofit corporation.
1548 The Florida State Beekeepers Association may use up to 10
1549 percent of the annual use fees for administrative, promotional,
1550 and marketing costs of the license plate.
1551 (c) The remaining funds shall be distributed to the Florida
1552 State Beekeepers Association and shall be used to raise
1553 awareness of the importance of beekeeping to Florida agriculture
1554 by funding honeybee research, education, outreach, and
1555 husbandry. The Florida State Beekeepers Association board of
1556 managers must approve and is accountable for all such
1557 expenditures.
1558 (84) ROTARY LICENSE PLATES.—
1559 (a) The department shall develop a Rotary license plate as
1560 provided in this section and s. 320.08053. The plate must bear
1561 the colors and design approved by the department. The word
1562 “Florida” must appear at the top of the plate, and the word
1563 “Rotary” must appear on the bottom of the plate. The license
1564 plate must bear the Rotary International wheel emblem.
1565 (b) The annual use fees shall be distributed to the
1566 Community Foundation of Tampa Bay, Inc., to be used as follows:
1567 1. Up to 10 percent may be used for administrative costs
1568 and for marketing of the plate.
1569 2. Ten percent shall be distributed to Rotary’s Camp
1570 Florida for direct support to all programs and services provided
1571 to children with special needs who attend the camp.
1572 3. The remainder shall be distributed, proportionally based
1573 on sales, to each Rotary district in the state in support of
1574 Rotary youth programs in Florida.
1575 (85) FLORIDA BAY FOREVER LICENSE PLATES.—
1576 (a) The department shall develop a Florida Bay Forever
1577 license plate as provided in this section and s. 320.08053. The
1578 plate must bear the colors and design approved by the
1579 department. The word “Florida” must appear at the top of the
1580 plate, and the words “Florida Bay Forever” must appear at the
1581 bottom of the plate.
1582 (b) The annual use fees from the sale of the plate shall be
1583 distributed to the Florida National Park Association, Inc.,
1584 which may use up to 10 percent of the proceeds for
1585 administrative costs and marketing of the plate. The remainder
1586 of the funds shall be used to supplement the Everglades National
1587 Park’s budgets and to support educational, interpretive,
1588 historical, and scientific research relating to the Everglades
1589 National Park.
1590 (86) BONEFISH AND TARPON TRUST LICENSE PLATES.—
1591 (a) The department shall develop a Bonefish and Tarpon
1592 Trust license plate as provided in this section and s.
1593 320.08053. The plate must bear the colors and design approved by
1594 the department. The word “Florida” must appear at the top of the
1595 plate, and the words “Bonefish and Tarpon Trust” must appear at
1596 the bottom of the plate.
1597 (b) The annual use fees from the sale of the plate shall be
1598 distributed to the Bonefish and Tarpon Trust, which may use up
1599 to 10 percent of the proceeds to promote and market the license
1600 plate. The remainder of the proceeds shall be used to conserve
1601 and enhance Florida bonefish and tarpon fisheries and their
1602 respective environments through stewardship, research,
1603 education, and advocacy.
1604 (87) MEDICAL PROFESSIONALS WHO CARE LICENSE PLATES.—
1605 (a) The department shall develop a Medical Professionals
1606 Who Care license plate as provided in this section and s.
1607 320.08053. The plate must bear the colors and design approved by
1608 the department. The word “Florida” must appear at the top of the
1609 plate, and the words “Medical Professionals Who Care” must
1610 appear at the bottom of the plate.
1611 (b) The annual use fees from the sale of the plate shall be
1612 distributed to Florida Benevolent Group, Inc., a Florida
1613 nonprofit corporation, which may use up to 10 percent of such
1614 fees for administrative costs, marketing, and promotion of the
1615 plate. The remainder of the revenues shall be used by Florida
1616 Benevolent Group, Inc., to assist low-income individuals in
1617 obtaining a medical education and career through scholarships,
1618 support, and guidance.
1619 (88) UNIVERSITY OF GEORGIA LICENSE PLATES.—
1620 (a) The department shall develop a University of Georgia
1621 license plate as provided in this section and s. 320.08053. The
1622 plate must bear the colors and design approved by the
1623 department. The word “Florida” must appear at the top of the
1624 plate, and the words “The University of Georgia” must appear at
1625 the bottom of the plate.
1626 (b) The annual use fees from the sale of the plate shall be
1627 distributed to the Georgia Bulldog Club of Jacksonville, which
1628 must use the moneys for the purpose of awarding scholarships to
1629 Florida residents attending the University of Georgia. Students
1630 receiving these scholarships must be eligible for the Florida
1631 Bright Futures Scholarship Program pursuant to s. 1009.531 and
1632 shall use the scholarship funds for tuition and other expenses
1633 related to attending the University of Georgia.
1634 (89) HIGHWAYMEN LICENSE PLATES.—
1635 (a) The department shall develop a Highwaymen license plate
1636 as provided in this section and s. 320.08053. The plate must
1637 bear the colors and design approved by the department. The word
1638 “Florida” must appear at the top of the plate, and the word
1639 “Highwaymen” must appear at the bottom of the plate.
1640 (b) The annual use fees shall be distributed to the City of
1641 Fort Pierce, subject to a city resolution designating the city
1642 as the fiscal agent of the license plate. The city may use up to
1643 10 percent of the fees for administrative costs and marketing of
1644 the plate and shall use the remainder of the fees as follows:
1645 1. Before completion of construction of the Highwaymen
1646 Museum and African-American Cultural Center, the city shall
1647 distribute at least 15 percent to the St. Lucie Education
1648 Foundation, Inc., to fund art education and art projects in
1649 public schools within St. Lucie County. The remainder of the
1650 fees shall be used by the city to fund the construction of the
1651 Highwaymen Museum and African-American Cultural Center.
1652 2. Upon completion of construction of the Highwaymen Museum
1653 and African-American Cultural Center, the city shall distribute
1654 at least 10 percent to the St. Lucie Education Foundation, Inc.,
1655 to fund art education and art projects in public schools within
1656 St. Lucie County. The remainder of the fees shall be used by the
1657 city to fund the day-to-day operations of the Highwaymen Museum
1658 and African-American Cultural Center.
1659 (90) DUCKS UNLIMITED LICENSE PLATES.—
1660 (a) The department shall develop a Ducks Unlimited license
1661 plate as provided in this section and s. 320.08053. The plate
1662 must bear the colors and design approved by the department. The
1663 word “Florida” must appear at the top of the plate, and the
1664 words “Conserving Florida Wetlands” must appear at the bottom of
1665 the plate.
1666 (b) The annual use fees from the sale of the plate shall be
1667 distributed to Ducks Unlimited, Inc., a nonprofit corporation
1668 under s. 501(c)(3) of the Internal Revenue Code, to be used as
1669 follows:
1670 1. Up to 5 percent may be used for administrative costs and
1671 marketing of the plate.
1672 2. At least 95 percent shall be used in this state to
1673 support the mission and efforts of Ducks Unlimited, Inc., to
1674 conserve, restore, and manage Florida wetlands and associated
1675 habitats for the benefit of waterfowl, other wildlife, and
1676 people.
1677 (91) DAN MARINO CAMPUS LICENSE PLATES.—
1678 (a) The department shall develop a Dan Marino Campus
1679 license plate as provided in this section and s. 320.08053. The
1680 plate must bear the colors and design approved by the
1681 department. The word “Florida” must appear at the top of the
1682 plate, and the words “Marino Campus” must appear at the bottom
1683 of the plate.
1684 (b) The annual use fees from the sale of the plate shall be
1685 distributed to the Dan Marino Foundation, a Florida nonprofit
1686 corporation, which may use up to 10 percent of such fees for
1687 administrative costs and marketing of the plate. The balance of
1688 the fees shall be used by the Dan Marino Foundation to assist
1689 Floridians with developmental disabilities in becoming employed,
1690 independent, and productive and to promote and fund education
1691 scholarships and awareness of these services.
1692 (92) UNIVERSITY OF ALABAMA LICENSE PLATES.—
1693 (a) The department shall develop a University of Alabama
1694 license plate as provided in this section and s. 320.08053. The
1695 plate must bear the colors and design approved by the
1696 department. The word “Florida” must appear at the top of the
1697 plate, and the words “Roll Tide” must appear at the bottom of
1698 the plate.
1699 (b) The annual use fees from the sale of the plate shall be
1700 distributed to Pensacola Bama Club, which must use the moneys
1701 for the purpose of awarding scholarships to Florida residents
1702 attending the University of Alabama. Students receiving these
1703 scholarships must be eligible for the Florida Bright Futures
1704 Scholarship Program pursuant to s. 1009.531 and shall use the
1705 scholarship funds for tuition and other expenses related to
1706 attending the University of Alabama.
1707 Section 29. Section 320.08062, Florida Statutes, is amended
1708 to read:
1709 320.08062 Audits and attestations required; annual use fees
1710 of specialty license plates.—
1711 (1)(a) All organizations that receive annual use fee
1712 proceeds from the department are responsible for ensuring that
1713 proceeds are used in accordance with ss. 320.08056 and
1714 320.08058.
1715 (b) Any organization not subject to audit pursuant to s.
1716 215.97 shall annually attest, under penalties of perjury, that
1717 such proceeds were used in compliance with ss. 320.08056 and
1718 320.08058. The attestation shall be made annually in a form and
1719 format determined by the department. In addition, the department
1720 shall audit any such organization every 5 years to ensure
1721 proceeds have been used in compliance with ss. 320.08056 and
1722 320.08058.
1723 (c) Any organization subject to audit pursuant to s. 215.97
1724 shall submit an audit report in accordance with rules
1725 promulgated by the Auditor General. The annual attestation shall
1726 be submitted to the department for review within 9 months after
1727 the end of the organization’s fiscal year.
1728 (2)(a) Within 120 days after receiving an organization’s
1729 audit or attestation, the department shall determine which
1730 recipients of revenues from specialty license plate annual use
1731 fees have not complied with subsection (1). In determining
1732 compliance, the department may commission an independent
1733 actuarial consultant, or an independent certified public
1734 accountant, who has expertise in nonprofit and charitable
1735 organizations.
1736 (b) The department must discontinue the distribution of
1737 revenues to any organization failing to submit the required
1738 documentation as required in subsection (1), but may resume
1739 distribution of the revenues upon receipt of the required
1740 information.
1741 (c) If the department or its designee determines that an
1742 organization has not complied or has failed to use the revenues
1743 in accordance with ss. 320.08056 and 320.08058, the department
1744 must discontinue the distribution of the revenues to the
1745 organization. The department shall notify the organization of
1746 its findings and direct the organization to make the changes
1747 necessary in order to comply with this chapter. If the officers
1748 of the organization sign an affidavit under penalties of perjury
1749 stating that they acknowledge the findings of the department and
1750 attest that they have taken corrective action and that the
1751 organization will submit to a followup review by the department,
1752 the department may resume the distribution of revenues.
1753 (d) If an organization fails to comply with the
1754 department’s recommendations and corrective actions as outlined
1755 in paragraph (c), the revenue distributions shall be
1756 discontinued until completion of the next regular session of the
1757 Legislature. The department shall notify the President of the
1758 Senate and the Speaker of the House of Representatives by the
1759 first day of the next regular session of any organization whose
1760 revenues have been withheld as a result of this paragraph. If
1761 the Legislature does not provide direction to the organization
1762 and the department regarding the status of the undistributed
1763 revenues, the department shall deauthorize the plate and the
1764 undistributed revenues shall be immediately deposited into the
1765 Highway Safety Operating Trust Fund.
1766 (3) The department or its designee has the authority to
1767 examine all records pertaining to the use of funds from the sale
1768 of specialty license plates.
1769 Section 30. Paragraph (b) of subsection (4) of section
1770 320.08068, Florida Statutes, is amended to read:
1771 320.08068 Motorcycle specialty license plates.—
1772 (4) A license plate annual use fee of $20 shall be
1773 collected for each motorcycle specialty license plate. Annual
1774 use fees shall be distributed as follows:
1775 (b) Twenty percent to Preserve Vision Prevent Blindness
1776 Florida.
1777 Section 31. Subsections (5), (6), and (7) of section
1778 320.0807, Florida Statutes, are amended to read:
1779 320.0807 Special license plates for Governor and federal
1780 and state legislators.—
1781 (5) Upon application by any current or former President of
1782 the Senate and payment of the fees prescribed by s. 320.0805,
1783 the department may issue a license plate stamped “Senate
1784 President” followed by the number assigned by the department or
1785 chosen by the applicant if it is not already in use. Upon
1786 application by any current or former Speaker of the House of
1787 Representatives and payment of the fees prescribed by s.
1788 320.0805, the department may issue a license plate stamped
1789 “House Speaker” followed by the number assigned by the
1790 department or chosen by the applicant if it is not already in
1791 use.
1792 (6)(a) Upon application by any former member of Congress or
1793 former member of the state Legislature, payment of the fees
1794 prescribed by s. 320.0805, and payment of a one-time fee of
1795 $500, the department may issue a former member of Congress,
1796 state senator, or state representative a license plate stamped
1797 “Retired Congress,” “Retired Senate,” or “Retired House,” as
1798 appropriate, for a vehicle owned by the former member.
1799 (b) To qualify for a Retired Congress, Retired Senate, or
1800 Retired House prestige license plate, a former member must have
1801 served at least 4 years as a member of Congress, state senator,
1802 or state representative, respectively.
1803 (c) Four hundred fifty dollars of the one-time fee
1804 collected under paragraph (a) shall be distributed to the
1805 account of the direct-support organization established pursuant
1806 to s. 272.136 and used for the benefit of the Florida Historic
1807 Capitol Museum, and the remaining $50 shall be deposited into
1808 the Highway Safety Operating Trust Fund.
1809 (5)(7) The department may create a unique plate design for
1810 plates to be used by members or former members of the
1811 Legislature or Congress as provided in subsection subsections
1812 (2), (5), and (6).
1813 Section 32. Section 320.0875, Florida Statutes, is created
1814 to read:
1815 320.0875 Purple Heart special motorcycle license plate.—
1816 (1) Upon application to the department and payment of the
1817 license tax for the motorcycle as provided in s. 320.08, a
1818 resident of the state who owns or leases a motorcycle that is
1819 not used for hire or commercial use shall be issued a Purple
1820 Heart special motorcycle license plate if he or she provides
1821 documentation acceptable to the department that he or she is a
1822 recipient of the Purple Heart medal.
1823 (2) The Purple Heart special motorcycle license plate shall
1824 be stamped with the term “Combat-wounded Veteran” followed by
1825 the serial number of the license plate. The Purple Heart special
1826 motorcycle license plate may have the term “Purple Heart”
1827 stamped on the plate and the likeness of the Purple Heart medal
1828 appearing on the plate.
1829 Section 33. Paragraph (a) of subsection (1) of section
1830 320.089, Florida Statutes, is amended to read:
1831 320.089 Veterans of the United States Armed Forces; members
1832 of National Guard; survivors of Pearl Harbor; Purple Heart medal
1833 recipients; Bronze Star recipients; active or retired United
1834 States Armed Forces reservists; Combat Infantry Badge, Combat
1835 Medical Badge, or Combat Action Badge recipients; Combat Action
1836 Ribbon recipients; Air Force Combat Action Medal recipients;
1837 Distinguished Flying Cross recipients; former prisoners of war;
1838 Korean War Veterans; Vietnam War Veterans; Operation Desert
1839 Shield Veterans; Operation Desert Storm Veterans; Operation
1840 Enduring Freedom Veterans; Operation Iraqi Freedom Veterans;
1841 Women Veterans; World War II Veterans; and Navy Submariners;
1842 special license plates; fee.—
1843 (1)(a) Each owner or lessee of an automobile or truck for
1844 private use or recreational vehicle as specified in s.
1845 320.08(9)(c) or (d), which is not used for hire or commercial
1846 use, who is a resident of the state and a veteran of the United
1847 States Armed Forces, a Woman Veteran, a World War II Veteran, a
1848 Navy Submariner, an active or retired member of the Florida
1849 National Guard, a survivor of the attack on Pearl Harbor, a
1850 recipient of the Purple Heart medal, a recipient of the Bronze
1851 Star, an active or retired member of any branch of the United
1852 States Armed Forces Reserve, or a recipient of the Combat
1853 Infantry Badge, Combat Medical Badge, Combat Action Badge,
1854 Combat Action Ribbon, Air Force Combat Action Medal, or
1855 Distinguished Flying Cross, upon application to the department,
1856 accompanied by proof of release or discharge from any branch of
1857 the United States Armed Forces, proof of active membership or
1858 retired status in the Florida National Guard, proof of
1859 membership in the Pearl Harbor Survivors Association or proof of
1860 active military duty in Pearl Harbor on December 7, 1941, proof
1861 of being a Purple Heart medal recipient, proof of being a Bronze
1862 Star recipient, proof of active or retired membership in any
1863 branch of the United States Armed Forces Reserve, or proof of
1864 membership in the Combat Infantrymen’s Association, Inc., proof
1865 of being a recipient of the Combat Infantry Badge, Combat
1866 Medical Badge, Combat Action Badge, Combat Action Ribbon, Air
1867 Force Combat Action Medal, or Distinguished Flying Cross, and
1868 upon payment of the license tax for the vehicle as provided in
1869 s. 320.08, shall be issued a license plate as provided by s.
1870 320.06 which, in lieu of the serial numbers prescribed by s.
1871 320.06, is stamped with the words “Veteran,” “Woman Veteran,”
1872 “WWII Veteran,” “Navy Submariner,” “National Guard,” “Pearl
1873 Harbor Survivor,” “Combat-wounded veteran,” “Bronze Star,” “U.S.
1874 Reserve,” “Combat Infantry Badge,” “Combat Medical Badge,”
1875 “Combat Action Badge,” “Combat Action Ribbon,” “Air Force Combat
1876 Action Medal,” or “Distinguished Flying Cross,” as appropriate,
1877 and a likeness of the related campaign medal or badge, followed
1878 by the serial number of the license plate. Additionally, the
1879 Purple Heart plate may have the words “Purple Heart” stamped on
1880 the plate and the likeness of the Purple Heart medal appearing
1881 on the plate.
1882 Section 34. Subsection (10) is added to section 320.131,
1883 Florida Statutes, to read:
1884 320.131 Temporary tags.—
1885 (10) Beginning October 1, 2018, the department may partner
1886 with a county tax collector to conduct a Fleet Vehicle Temporary
1887 Tag pilot program to provide temporary tags to fleet companies
1888 to allow them to operate fleet vehicles awaiting a permanent
1889 registration and title.
1890 (a) The department shall establish a memorandum of
1891 understanding that allows a maximum of 10 companies to
1892 participate in the pilot program and receive multiple temporary
1893 tags for company fleet vehicles.
1894 (b) To participate in the program, a fleet company must
1895 have a minimum of 3,500 fleet vehicles registered in this state
1896 which qualify to be registered as fleet vehicles pursuant to s.
1897 320.0657.
1898 (c) The department may issue up to 50 temporary tags at a
1899 time to an eligible fleet company, if requested by such company.
1900 (d) The temporary tags are for exclusive use on vehicles
1901 purchased for the company’s fleet, and may not be used on any
1902 other vehicle.
1903 (e) Each temporary plate may be used on only one vehicle
1904 and each vehicle may only use one temporary plate.
1905 (f) Upon issuance of the vehicle’s permanent license plate
1906 and registration, the temporary tag becomes invalid and must be
1907 removed from the vehicle and destroyed.
1908 (g) Upon a finding by the department that a temporary tag
1909 has been misused by a fleet company under this program, the
1910 department may terminate the memorandum of understanding with
1911 the company, invalidate all temporary tags issued to the company
1912 under the program, and require such company to return any unused
1913 temporary tags.
1914 (h) This subsection is repealed on October 1, 2023, unless
1915 saved from repeal through reenactment by the Legislature.
1916 Section 35. Subsection (3) is added to section 320.95,
1917 Florida Statutes, to read:
1918 320.95 Transactions by electronic or telephonic means.—
1919 (3) The department may authorize issuance of an electronic
1920 certificate of registration in addition to printing a paper
1921 registration certificate. A motor vehicle operator may present
1922 for inspection an electronic device displaying an electronic
1923 certificate of registration issued pursuant to this subsection
1924 in lieu of a paper registration certificate. Such presentation
1925 does not constitute consent for inspection of any information on
1926 the device other than the displayed certificate of registration.
1927 The person who presents the device for inspection assumes the
1928 liability for any resulting damage to the device.
1929 Section 36. By November 1, 2018, the annual use fees
1930 withheld by the Department of Highway Safety and Motor Vehicles
1931 from the sale of the Live the Dream specialty license plate
1932 shall be used first to satisfy all outstanding royalty payments
1933 due to The Martin Luther King, Jr. Center for Nonviolent Social
1934 Change, Inc., for the use of the image of Dr. Martin Luther
1935 King, Jr. All remaining funds shall be distributed to the
1936 subrecipients on a pro rata basis according to the percentages
1937 specified in s. 320.08058(47), Florida Statutes.
1938 Section 37. Section 322.01, Florida Statutes, is amended to
1939 read:
1940 322.01 Definitions.—As used in this chapter:
1941 (1) “Actual weight” means the weight of a motor vehicle or
1942 motor vehicle combination plus the weight of the load carried on
1943 it, as determined at a fixed scale operated by the state or as
1944 determined by use of a portable scale operated by a law
1945 enforcement officer.
1946 (2) “Alcohol” means any substance containing any form of
1947 alcohol including, but not limited to, ethanol, methanol,
1948 propanol, and isopropanol.
1949 (3) “Alcohol concentration” means:
1950 (a) The number of grams of alcohol per 100 milliliters of
1951 blood;
1952 (b) The number of grams of alcohol per 210 liters of
1953 breath; or
1954 (c) The number of grams of alcohol per 67 milliliters of
1955 urine.
1956 (4) “Authorized emergency vehicle” means a vehicle that is
1957 equipped with extraordinary audible and visual warning devices,
1958 that is authorized by s. 316.2397 to display red, red and white,
1959 or blue lights, and that is on call to respond to emergencies.
1960 The term includes, but is not limited to, ambulances, law
1961 enforcement vehicles, fire trucks, and other rescue vehicles.
1962 The term does not include wreckers, utility trucks, or other
1963 vehicles that are used only incidentally for emergency purposes.
1964 (5) “Cancellation” means the act of declaring a driver
1965 license void and terminated.
1966 (6) “Color photographic driver license” means a color
1967 photograph of a completed driver license form meeting the
1968 requirements prescribed in s. 322.14.
1969 (7) “Commercial driver license” means a Class A, Class B,
1970 or Class C driver license issued in accordance with the
1971 requirements of this chapter.
1972 (8) “Commercial motor vehicle” means any motor vehicle or
1973 motor vehicle combination used on the streets or highways,
1974 which:
1975 (a) Has a gross vehicle weight rating of 26,001 pounds or
1976 more;
1977 (b) Is designed to transport more than 15 persons,
1978 including the driver; or
1979 (c) Is transporting hazardous materials and is required to
1980 be placarded in accordance with 49 C.F.R. part 172, subpart F.
1981
1982 A vehicle that occasionally transports personal property to and
1983 from a closed-course motorsport facility, as defined in s.
1984 549.09(1)(a), is not a commercial motor vehicle if the use is
1985 not for profit and corporate sponsorship is not involved. As
1986 used in this subsection, the term “corporate sponsorship” means
1987 a payment, donation, gratuity, in-kind service, or other benefit
1988 provided to or derived by a person in relation to the underlying
1989 activity, other than the display of product or corporate names,
1990 logos, or other graphic information on the property being
1991 transported.
1992 (9) “Controlled substance” means any substance classified
1993 as such under 21 U.S.C. s. 802(6), Schedules I-V of 21 C.F.R.
1994 part 1308, or chapter 893.
1995 (10) “Convenience service” means any means whereby an
1996 individual conducts a transaction with the department other than
1997 in person.
1998 (11)(a) “Conviction” means a conviction of an offense
1999 relating to the operation of motor vehicles on highways which is
2000 a violation of this chapter or any other such law of this state
2001 or any other state, including an admission or determination of a
2002 noncriminal traffic infraction pursuant to s. 318.14, or a
2003 judicial disposition of an offense committed under any federal
2004 law substantially conforming to the aforesaid state statutory
2005 provisions.
2006 (b) Notwithstanding any other provisions of this chapter,
2007 the definition of “conviction” provided in 49 C.F.R. s. 383.5
2008 applies to offenses committed in a commercial motor vehicle or
2009 by a person holding a commercial driver license.
2010 (12) “Court” means any tribunal in this state or any other
2011 state, or any federal tribunal, which has jurisdiction over any
2012 civil, criminal, traffic, or administrative action.
2013 (13) “Credential service provider” means an electronic
2014 credential provider competitively procured by the department to
2015 supply secure credential services based on open standards for
2016 identity management and verification to qualified entities.
2017 (14)(13) “Declared weight” means the maximum loaded weight
2018 declared for purposes of registration, pursuant to chapter 320.
2019 (15)(14) “Department” means the Department of Highway
2020 Safety and Motor Vehicles acting directly or through its duly
2021 authorized representatives.
2022 (16) “Digital identity verifier” means a public or private
2023 entity that consumes the identity management services provided
2024 by the credential service provider.
2025 (17)(15) “Disqualification” means a prohibition, other than
2026 an out-of-service order, that precludes a person from driving a
2027 commercial motor vehicle.
2028 (18)(16) “Drive” means to operate or be in actual physical
2029 control of a motor vehicle in any place open to the general
2030 public for purposes of vehicular traffic.
2031 (19)(17) “Driver license” means a certificate that, subject
2032 to all other requirements of law, authorizes an individual to
2033 drive a motor vehicle and denotes an operator’s license as
2034 defined in 49 U.S.C. s. 30301.
2035 (20) “Electronic” means relating to technology having
2036 electrical, digital, magnetic, wireless, optical,
2037 electromagnetic, or similar capabilities.
2038 (21) “Electronic credential” means an electronic
2039 representation of a physical driver license or identification
2040 card which is viewable on an electronic credential system and
2041 capable of being verified and authenticated.
2042 (22) “Electronic credential holder” means a person to whom
2043 an electronic credential has been issued.
2044 (23) “Electronic credential provider” means a qualified
2045 entity contracted with the department to provide electronic
2046 credentials to electronic credential holders.
2047 (24) “Electronic credential system” means a computer system
2048 used to display or transmit electronic credentials to a person
2049 or verification system and that may be accessed using an
2050 electronic device.
2051 (25) “Electronic device” means a device or a portion of a
2052 device that is designed for and capable of communicating across
2053 a computer network with other computers or devices for the
2054 purpose of transmitting, receiving, or storing data, including,
2055 but not limited to, a cellular telephone, tablet, or other
2056 portable device designed for and capable of communicating with
2057 or across a computer network, and is used to render an
2058 electronic credential.
2059 (26) “Electronic ID” means a technology solution by which a
2060 qualified entity authenticates the identity of an individual
2061 receiving goods or services.
2062 (27)(18) “Endorsement” means a special authorization which
2063 permits a driver to drive certain types of vehicles or to
2064 transport certain types of property or a certain number of
2065 passengers.
2066 (28)(19) “Farmer” means a person who grows agricultural
2067 products, including aquacultural, horticultural, and forestry
2068 products, and, except as provided herein, employees of such
2069 persons. The term does not include employees whose primary
2070 purpose of employment is the operation of motor vehicles.
2071 (29)(20) “Farm tractor” means a motor vehicle that is:
2072 (a) Operated principally on a farm, grove, or orchard in
2073 agricultural or horticultural pursuits and that is operated on
2074 the roads of this state only incidentally for transportation
2075 between the owner’s or operator’s headquarters and the farm,
2076 grove, or orchard or between one farm, grove, or orchard and
2077 another; or
2078 (b) Designed and used primarily as a farm implement for
2079 drawing plows, mowing machines, and other implements of
2080 husbandry.
2081 (30)(21) “Felony” means any offense under state or federal
2082 law that is punishable by death or by a term of imprisonment
2083 exceeding 1 year.
2084 (31)(22) “Foreign jurisdiction” means any jurisdiction
2085 other than a state of the United States.
2086 (32)(23) “Gross vehicle weight rating” means the value
2087 specified by the manufacturer as the maximum loaded weight of a
2088 single, combination, or articulated vehicle.
2089 (33)(24) “Hazardous materials” means any material that has
2090 been designated as hazardous under 49 U.S.C. s. 5103 and is
2091 required to be placarded under subpart F of 49 C.F.R. part 172
2092 or any quantity of a material listed as a select agent or toxin
2093 in 42 C.F.R. part 73.
2094 (34)(25) “Medical examiner’s certificate” means a document
2095 substantially in accordance with the requirements of 49 C.F.R.
2096 s. 391.43.
2097 (35)(26) “Motorcycle” means a motor vehicle powered by a
2098 motor with a displacement of more than 50 cubic centimeters,
2099 having a seat or saddle for the use of the rider, and designed
2100 to travel on not more than three wheels in contact with the
2101 ground, but excluding a tractor, tri-vehicle, or moped.
2102 (36)(27) “Motor vehicle” means any self-propelled vehicle,
2103 including a motor vehicle combination, not operated upon rails
2104 or guideway, excluding vehicles moved solely by human power,
2105 motorized wheelchairs, and motorized bicycles as defined in s.
2106 316.003.
2107 (37)(28) “Motor vehicle combination” means a motor vehicle
2108 operated in conjunction with one or more other vehicles.
2109 (38)(29) “Narcotic drugs” means coca leaves, opium,
2110 isonipecaine, cannabis, and every substance neither chemically
2111 nor physically distinguishable from them, and any and all
2112 derivatives of same, and any other drug to which the narcotics
2113 laws of the United States apply, and includes all drugs and
2114 derivatives thereof known as barbiturates.
2115 (39)(30) “Out-of-service order” means a prohibition issued
2116 by an authorized local, state, or Federal Government official
2117 which precludes a person from driving a commercial motor
2118 vehicle.
2119 (40)(31) “Owner” means the person who holds the legal title
2120 to a vehicle. However, if a vehicle is the subject of an
2121 agreement for the conditional sale or lease thereof with the
2122 right of purchase upon performance of the conditions stated in
2123 the agreement and with an immediate right of possession vested
2124 in the conditional vendee or lessee, or if a mortgagor of a
2125 vehicle is entitled to possession, such conditional vendee,
2126 lessee, or mortgagor is the owner for the purpose of this
2127 chapter.
2128 (41)(32) “Passenger vehicle” means a motor vehicle designed
2129 to transport more than 15 persons, including the driver, or a
2130 school bus designed to transport more than 15 persons, including
2131 the driver.
2132 (42)(33) “Permit” means a document authorizing the
2133 temporary operation of a motor vehicle within this state subject
2134 to conditions established in this chapter.
2135 (43) “Qualified entity” means a public or private entity
2136 which enters into a contract with the department, meets usage
2137 criteria, agrees to terms and conditions, and is authorized by
2138 the department to use the credential service provider for
2139 authentication and identification verification services.
2140 (44)(34) “Resident” means a person who has his or her
2141 principal place of domicile in this state for a period of more
2142 than 6 consecutive months, has registered to vote, has made a
2143 statement of domicile pursuant to s. 222.17, or has filed for
2144 homestead tax exemption on property in this state.
2145 (45)(35) “Restriction” means a prohibition against
2146 operating certain types of motor vehicles or a requirement that
2147 a driver comply with certain conditions when driving a motor
2148 vehicle.
2149 (46)(36) “Revocation” means the termination of a licensee’s
2150 privilege to drive.
2151 (47)(37) “School bus” means a motor vehicle that is
2152 designed to transport more than 15 persons, including the
2153 driver, and that is used to transport students to and from a
2154 public or private school or in connection with school
2155 activities, but does not include a bus operated by a common
2156 carrier in the urban transportation of school children. The term
2157 “school” includes all preelementary, elementary, secondary, and
2158 postsecondary schools.
2159 (48)(38) “State” means a state or possession of the United
2160 States, and, for the purposes of this chapter, includes the
2161 District of Columbia.
2162 (49)(39) “Street or highway” means the entire width between
2163 the boundary lines of a way or place if any part of that way or
2164 place is open to public use for purposes of vehicular traffic.
2165 (50)(40) “Suspension” means the temporary withdrawal of a
2166 licensee’s privilege to drive a motor vehicle.
2167 (51)(41) “Tank vehicle” means a vehicle that is designed to
2168 transport any liquid or gaseous material within a tank either
2169 permanently or temporarily attached to the vehicle, if such tank
2170 has a designed capacity of 1,000 gallons or more.
2171 (52)(42) “United States” means the 50 states and the
2172 District of Columbia.
2173 (53)(43) “Vehicle” means every device in, upon, or by which
2174 any person or property is or may be transported or drawn upon a
2175 public highway or operated upon rails or guideway, except a
2176 bicycle, motorized wheelchair, or motorized bicycle.
2177 (54)(44) “Identification card” means a personal
2178 identification card issued by the department which conforms to
2179 the definition in 18 U.S.C. s. 1028(d).
2180 (55)(45) “Temporary driver license” or “temporary
2181 identification card” means a certificate issued by the
2182 department which, subject to all other requirements of law,
2183 authorizes an individual to drive a motor vehicle and denotes an
2184 operator’s license, as defined in 49 U.S.C. s. 30301, or a
2185 personal identification card issued by the department which
2186 conforms to the definition in 18 U.S.C. s. 1028(d) and denotes
2187 that the holder is permitted to stay for a short duration of
2188 time, as specified on the temporary identification card, and is
2189 not a permanent resident of the United States.
2190 (56)(46) “Tri-vehicle” means an enclosed three-wheeled
2191 passenger vehicle that:
2192 (a) Is designed to operate with three wheels in contact
2193 with the ground;
2194 (b) Has a minimum unladen weight of 900 pounds;
2195 (c) Has a single, completely enclosed, occupant
2196 compartment;
2197 (d) Is produced in a minimum quantity of 300 in any
2198 calendar year;
2199 (e) Is capable of a speed greater than 60 miles per hour on
2200 level ground; and
2201 (f) Is equipped with:
2202 1. Seats that are certified by the vehicle manufacturer to
2203 meet the requirements of Federal Motor Vehicle Safety Standard
2204 No. 207, “Seating systems” (49 C.F.R. s. 571.207);
2205 2. A steering wheel used to maneuver the vehicle;
2206 3. A propulsion unit located forward or aft of the enclosed
2207 occupant compartment;
2208 4. A seat belt for each vehicle occupant certified to meet
2209 the requirements of Federal Motor Vehicle Safety Standard No.
2210 209, “Seat belt assemblies” (49 C.F.R. s. 571.209);
2211 5. A windshield and an appropriate windshield wiper and
2212 washer system that are certified by the vehicle manufacturer to
2213 meet the requirements of Federal Motor Vehicle Safety Standard
2214 No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal
2215 Motor Vehicle Safety Standard No. 104, “Windshield Wiping and
2216 Washing Systems” (49 C.F.R. s. 571.104); and
2217 6. A vehicle structure certified by the vehicle
2218 manufacturer to meet the requirements of Federal Motor Vehicle
2219 Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R.
2220 s. 571.216).
2221 Section 38. Section 322.032, Florida Statutes, is amended
2222 to read:
2223 322.032 Electronic credential Digital proof of driver
2224 license.—
2225 (1)(a) The department shall develop and implement begin to
2226 review and prepare for the development of a secure and uniform
2227 protocols which comply with national standards system for
2228 issuing an optional electronic credential. The department shall
2229 procure the related technology solution from the credential
2230 service provider that uses a revenue sharing model through a
2231 competitive solicitation process pursuant to s. 287.057 digital
2232 proof of driver license. The department may issue electronic
2233 credentials to persons who hold a Florida driver license or
2234 identification card.
2235 (b) Qualified entities must have the technological
2236 capabilities necessary to integrate with the credential service
2237 provider. The department shall maintain the protocols and
2238 national standards necessary for a digital verifier or an
2239 electronic credential provider to request authorized access to
2240 an application programming interface, or appropriate
2241 technological tool of at least the same capabilities, necessary
2242 for such qualified entity to consume an electronic ID. The
2243 department shall timely review requests for authorized access
2244 and approve all requests by digital verifiers that meet the
2245 department’s requirements.
2246 (c) The electronic credential provider must have the
2247 necessary technological capabilities to execute the
2248 authentication of an electronic credential across all states,
2249 jurisdictions, federal and state agencies, and municipalities.
2250 The electronic credential and verification solution must provide
2251 the standardized system integration necessary:
2252 1. For qualified entities to securely consume an electronic
2253 credential.
2254 2. For the production of a fully compliant electronic
2255 credential by electronic credential providers.
2256 3. To successfully ensure secure authentication and
2257 validation of data from disparate sources.
2258 (d) The department shall competitively procure at least two
2259 but no more than five contract with one or more electronic
2260 credential providers private entities to develop and implement
2261 an initial phase to provide a secure electronic credential a
2262 digital proof of driver license system. The department shall
2263 enter into agreements with electronic credential providers that
2264 provide the permitted uses, terms and conditions, privacy
2265 policy, and uniform remittance terms relating to the consumption
2266 of an electronic credential. The department must competitively
2267 procure the credential service provider before the initial phase
2268 may begin. Upon completion of the initial phase, the department
2269 shall submit a report to the Governor, the President of the
2270 Senate, and the Speaker of the House of Representatives
2271 regarding the continued implementation and tools necessary to
2272 scale future phases.
2273 (2)(a) The department shall provide electronic credential
2274 providers access to a standardized digital transaction process
2275 that provides the proceeds of a completed financial transaction
2276 to the department at the point of sale. The standardized digital
2277 transaction process must enable electronic credential providers
2278 to direct through their electronic commerce workflow to a
2279 standardized checkout process and enable documentation of the
2280 electronic credential providers participating in a transaction.
2281 Revenue generated from use of the electronic credential system
2282 shall be deposited into the Motor Vehicle License Clearing Trust
2283 Fund for distribution pursuant to a legislative appropriation
2284 and department agreements with electronic credential providers.
2285 Electronic credential revenue shall be shared between the state
2286 and electronic credential providers.
2287 (b) The department may assess a competitive market rate fee
2288 structure for use of the credential service provider for any
2289 qualified entity to obtain an electronic ID. Revenue generated
2290 from use of the credential service provider by digital identity
2291 verifiers shall be shared between the state and the credential
2292 service provider. Revenues shall be deposited into the Motor
2293 Vehicle License Clearing Trust Fund for distribution pursuant to
2294 department agreements with digital identity verifiers. Fees may
2295 not be charged to any state court, state governmental entity, or
2296 law enforcement agency.
2297 (3)(a)(2) The electronic credential digital proof of driver
2298 license developed by the department or by an electronic
2299 credential provider an entity contracted by the department must
2300 be in such a format as to allow law enforcement or an authorized
2301 consumer to verify the authenticity of the electronic credential
2302 and the identity of the credential holder and to validate the
2303 status of any driving privileges associated with the electronic
2304 credential digital proof of driver license. The department shall
2305 adhere to protocols and national standards may adopt rules to
2306 ensure valid authentication of electronic credentials digital
2307 driver licenses by law enforcement.
2308 (b) The act of presenting to a law enforcement officer an
2309 electronic device displaying an electronic credential does not
2310 constitute consent for the officer to access any information on
2311 the device other than the electronic credential.
2312 (c) The person who presents the device to the officer
2313 assumes liability for any resulting damage to the device.
2314 (4)(3) A person may not be issued an electronic credential
2315 a digital proof of driver license until he or she has satisfied
2316 all of the requirements of this chapter for issuance of a
2317 physical driver license or identification card as provided in
2318 this chapter.
2319 (5)(4) A person who:
2320 (a) Manufactures a false electronic credential digital
2321 proof of driver license commits a felony of the third degree,
2322 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2323 (b) Possesses a false electronic credential digital proof
2324 of driver license commits a misdemeanor of the second degree,
2325 punishable as provided in s. 775.082.
2326 Section 39. Section 322.059, Florida Statutes, is amended
2327 to read:
2328 322.059 Mandatory surrender of suspended driver license and
2329 registration.—A person whose driver license or registration has
2330 been suspended as provided in s. 322.058 must immediately return
2331 his or her driver license and registration to the Department of
2332 Highway Safety and Motor Vehicles. The department shall
2333 invalidate the electronic credential digital proof of driver
2334 license issued pursuant to s. 322.032 for such person. If such
2335 person fails to return his or her driver license or
2336 registration, a law enforcement agent may seize the license or
2337 registration while the driver license or registration is
2338 suspended.
2339 Section 40. Subsection (4) of section 322.09, Florida
2340 Statutes, is amended to read:
2341 322.09 Application of minors; responsibility for negligence
2342 or misconduct of minor.—
2343 (4) Notwithstanding subsections (1) and (2), if a foster
2344 parent or caregiver of a minor who is under the age of 18 years
2345 and is in foster care as defined in s. 39.01, an authorized
2346 representative of a residential group home at which such a minor
2347 resides, the caseworker at the agency at which the state has
2348 placed the minor, or a guardian ad litem specifically authorized
2349 by the minor’s caregiver to sign for a learner’s driver license
2350 signs the minor’s application for a learner’s driver license,
2351 that foster parent, caregiver, group home representative,
2352 caseworker, or guardian ad litem does not assume any obligation
2353 or become liable for any damages caused by the negligence or
2354 willful misconduct of the minor by reason of having signed the
2355 application. Before signing the application, the caseworker
2356 shall notify the foster parent, caregiver, or other responsible
2357 party of his or her intent to sign and verify the application.
2358 Section 41. Paragraph (c) of subsection (1) of section
2359 322.143, Florida Statutes, is amended to read:
2360 322.143 Use of a driver license or identification card.—
2361 (1) As used in this section, the term:
2362 (c) “Swipe” means the act of passing a driver license or
2363 identification card through a device that is capable of
2364 deciphering, in an electronically readable format, the
2365 information electronically encoded in a magnetic strip or bar
2366 code on the driver license or identification card or consuming
2367 an electronic credential.
2368 Section 42. Subsection (1) of section 322.15, Florida
2369 Statutes, is amended to read:
2370 322.15 License to be carried and exhibited on demand;
2371 fingerprint to be imprinted upon a citation.—
2372 (1) Every licensee shall have his or her driver license,
2373 which must be fully legible with no portion of such license
2374 faded, altered, mutilated, or defaced, in his or her immediate
2375 possession at all times when operating a motor vehicle and shall
2376 present or submit the same upon the demand of a law enforcement
2377 officer or an authorized representative of the department. A
2378 licensee may present or submit an electronic credential a
2379 digital proof of driver license as provided in s. 322.032 in
2380 lieu of a physical driver license.
2381 Section 43. Section 322.38, Florida Statutes, is amended to
2382 read:
2383 322.38 Renting motor vehicle to another.—
2384 (1) A No person may not shall rent a motor vehicle to any
2385 other person unless the other latter person is then duly
2386 licensed, or, if a nonresident, he or she shall be licensed
2387 under the laws of the state or country of his or her residence,
2388 except a nonresident whose home state or country does not
2389 require that an operator be licensed.
2390 (2) A No person may not shall rent a motor vehicle to
2391 another until he or she has inspected the driver license of the
2392 person to whom the vehicle is to be rented, and has compared and
2393 verified that the driver license is unexpired signature thereon
2394 with the signature of such person written in his or her
2395 presence.
2396 (3) Every person renting a motor vehicle to another shall
2397 keep a record of the registration number of the motor vehicle so
2398 rented, the name, and address, and driver license number of the
2399 person to whom the vehicle is rented, the number of the license
2400 of said latter person, and the date and place when and where the
2401 said license was issued. Such record shall be open to inspection
2402 by any police officer, or officer or employee of the department.
2403 (4) If a rental car company rents a motor vehicle to a
2404 person through digital, electronic, or other means that allows
2405 the renter to obtain possession of the motor vehicle without
2406 direct contact with an agent or employee of the rental car
2407 company, or if through use of such means the renter does not
2408 execute a rental contract at the time he or she takes possession
2409 of the vehicle, the rental car company is deemed to have met the
2410 requirements of subsections (1) and (2) when the rental car
2411 company requires the renter to verify that he or she is duly
2412 licensed and that the license is unexpired. Such verification
2413 may occur at the time the renter enrolls in a membership
2414 program, master agreement, or other means of establishing use of
2415 the rental car company’s services or at any time thereafter.
2416 Section 44. Subsection (4) of section 322.61, Florida
2417 Statutes, is amended to read:
2418 322.61 Disqualification from operating a commercial motor
2419 vehicle.—
2420 (4) Any person who is transporting hazardous materials as
2421 defined in s. 322.01(33) s. 322.01(24) shall, upon conviction of
2422 an offense specified in subsection (3), be disqualified from
2423 operating a commercial motor vehicle for a period of 3 years.
2424 The penalty provided in this subsection shall be in addition to
2425 any other applicable penalty.
2426 Section 45. Subsection (1) of section 324.021, Florida
2427 Statutes, is amended to read:
2428 324.021 Definitions; minimum insurance required.—The
2429 following words and phrases when used in this chapter shall, for
2430 the purpose of this chapter, have the meanings respectively
2431 ascribed to them in this section, except in those instances
2432 where the context clearly indicates a different meaning:
2433 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
2434 designed and required to be licensed for use upon a highway,
2435 including trailers and semitrailers designed for use with such
2436 vehicles, except traction engines, road rollers, farm tractors,
2437 power shovels, and well drillers, and every vehicle that is
2438 propelled by electric power obtained from overhead wires but not
2439 operated upon rails, but not including any personal delivery
2440 device or mobile carrier as defined in s. 316.003, bicycle, or
2441 moped. However, the term “motor vehicle” does not include a
2442 motor vehicle as defined in s. 627.732(3) when the owner of such
2443 vehicle has complied with the requirements of ss. 627.730
2444 627.7405, inclusive, unless the provisions of s. 324.051 apply;
2445 and, in such case, the applicable proof of insurance provisions
2446 of s. 320.02 apply.
2447 Section 46. Section 324.031, Florida Statutes, is amended
2448 to read:
2449 324.031 Manner of proving financial responsibility.—The
2450 owner or operator of a taxicab, limousine, jitney, or any other
2451 for-hire passenger transportation vehicle may prove financial
2452 responsibility by providing satisfactory evidence of holding a
2453 motor vehicle liability policy as defined in s. 324.021(8) or s.
2454 324.151, which policy is provided by an insurer authorized to do
2455 business in this state issued by an insurance carrier which is a
2456 member of the Florida Insurance Guaranty Association or an
2457 eligible nonadmitted insurer that has a superior, excellent,
2458 exceptional, or equivalent financial strength rating by a rating
2459 agency acceptable to the Office of Insurance Regulation of the
2460 Financial Services Commission. The operator or owner of any
2461 other vehicle may prove his or her financial responsibility by:
2462 (1) Furnishing satisfactory evidence of holding a motor
2463 vehicle liability policy as defined in ss. 324.021(8) and
2464 324.151;
2465 (2) Furnishing a certificate of self-insurance showing a
2466 deposit of cash in accordance with s. 324.161; or
2467 (3) Furnishing a certificate of self-insurance issued by
2468 the department in accordance with s. 324.171.
2469
2470 Any person, including any firm, partnership, association,
2471 corporation, or other person, other than a natural person,
2472 electing to use the method of proof specified in subsection (2)
2473 shall furnish a certificate of deposit equal to the number of
2474 vehicles owned times $30,000, to a maximum of $120,000; in
2475 addition, any such person, other than a natural person, shall
2476 maintain insurance providing coverage in excess of limits of
2477 $10,000/20,000/10,000 or $30,000 combined single limits, and
2478 such excess insurance shall provide minimum limits of
2479 $125,000/250,000/50,000 or $300,000 combined single limits.
2480 These increased limits shall not affect the requirements for
2481 proving financial responsibility under s. 324.032(1).
2482 Section 47. Subsection (2) of section 324.032, Florida
2483 Statutes, is amended to read:
2484 324.032 Manner of proving financial responsibility; for
2485 hire passenger transportation vehicles.—Notwithstanding the
2486 provisions of s. 324.031:
2487 (2) An owner or a lessee who is required to maintain
2488 insurance under s. 324.021(9)(b) and who operates at least 150
2489 300 taxicabs, limousines, jitneys, or any other for-hire
2490 passenger transportation vehicles may provide financial
2491 responsibility by complying with the provisions of s. 324.171,
2492 such compliance to be demonstrated by maintaining at its
2493 principal place of business an audited financial statement,
2494 prepared in accordance with generally accepted accounting
2495 principles, and providing to the department a certification
2496 issued by a certified public accountant that the applicant’s net
2497 worth is at least equal to the requirements of s. 324.171 as
2498 determined by the Office of Insurance Regulation of the
2499 Financial Services Commission, including claims liabilities in
2500 an amount certified as adequate by a Fellow of the Casualty
2501 Actuarial Society.
2502
2503 Upon request by the department, the applicant must provide the
2504 department at the applicant’s principal place of business in
2505 this state access to the applicant’s underlying financial
2506 information and financial statements that provide the basis of
2507 the certified public accountant’s certification. The applicant
2508 shall reimburse the requesting department for all reasonable
2509 costs incurred by it in reviewing the supporting information.
2510 The maximum amount of self-insurance permissible under this
2511 subsection is $300,000 and must be stated on a per-occurrence
2512 basis, and the applicant shall maintain adequate excess
2513 insurance issued by an authorized or eligible insurer licensed
2514 or approved by the Office of Insurance Regulation. All risks
2515 self-insured shall remain with the owner or lessee providing it,
2516 and the risks are not transferable to any other person, unless a
2517 policy complying with subsection (1) is obtained.
2518 Section 48. Subsection (3) and paragraph (b) of subsection
2519 (4) of section 339.175, Florida Statutes, are amended to read:
2520 339.175 Metropolitan planning organization.—
2521 (3) VOTING MEMBERSHIP.—
2522 (a)1. Except as provided in subparagraph 2., the voting
2523 membership of an M.P.O. shall consist of at least 5 but not more
2524 than 25 apportioned members, with the exact number determined on
2525 an equitable geographic-population ratio basis, based on an
2526 agreement among the affected units of general-purpose local
2527 government and the Governor, as required by federal regulations.
2528 However, the voting membership of an M.P.O. designated in an
2529 urbanized area with a population of 500,000 or fewer shall have
2530 no more than 11 apportioned members. In accordance with 23
2531 U.S.C. s. 134, the Governor may also allow M.P.O. members who
2532 represent municipalities to alternate with representatives from
2533 other municipalities within the metropolitan planning area which
2534 do not have members on the M.P.O. With the exception of
2535 instances in which all of the county commissioners in a single
2536 county M.P.O. are members of the M.P.O. governing board, county
2537 commissioners shall compose at least one-third of the M.P.O.
2538 governing board membership. A multicounty M.P.O. may satisfy
2539 this requirement by any combination of county commissioners from
2540 each of the counties constituting the M.P.O. Voting members
2541 shall be elected officials of general-purpose local governments,
2542 one of whom may represent a group of general-purpose local
2543 governments through an entity created by an M.P.O. for that
2544 purpose. An M.P.O. may include, as part of its apportioned
2545 voting members, a member of a statutorily authorized planning
2546 board, an official of an agency that operates or administers a
2547 major mode of transportation, or an official of Space Florida.
2548 As used in this section, the term “elected officials of a
2549 general-purpose local government” excludes constitutional
2550 officers, including sheriffs, tax collectors, supervisors of
2551 elections, property appraisers, clerks of the court, and similar
2552 types of officials. County commissioners shall compose not less
2553 than 20 percent of the M.P.O. membership if an official of an
2554 agency that operates or administers a major mode of
2555 transportation has been appointed to an M.P.O. Each M.P.O. shall
2556 adopt bylaws governing the operation of the M.P.O., including
2557 voting privileges. An M.P.O. may not adopt a weighted voting
2558 structure.
2559 2. For an M.P.O. designated on or after July 1, 2018, as a
2560 result of a combination or merger of more than one individual
2561 M.P.O., the voting membership shall consist of at least five
2562 members, with the exact number determined on an equitable
2563 geographic-population ratio basis, based on an agreement among
2564 the affected units of general-purpose local government and the
2565 Governor, as required by federal regulations. In accordance with
2566 23 U.S.C. s. 134, the Governor may also allow M.P.O. members who
2567 represent municipalities to alternate with representatives from
2568 other municipalities within the metropolitan planning area which
2569 do not have members on the M.P.O. Voting members shall be
2570 elected officials of general-purpose local governments, one of
2571 whom may represent a group of general-purpose local governments
2572 through an entity created by an M.P.O. for that purpose. An
2573 M.P.O. may include, as part of its apportioned voting members, a
2574 member of a statutorily authorized planning board, an official
2575 of an agency that operates or administers a major mode of
2576 transportation, or an official of Space Florida.
2577
2578 For purposes of this section, the term “elected officials of a
2579 general-purpose local government” excludes constitutional
2580 officers, including sheriffs, tax collectors, supervisors of
2581 elections, property appraisers, clerks of the court, and similar
2582 types of officials.
2583 (b) In metropolitan areas in which authorities or other
2584 agencies have been or may be created by law to perform
2585 transportation functions and are or will be performing
2586 transportation functions that are not under the jurisdiction of
2587 a general-purpose local government represented on the M.P.O.,
2588 such authorities or other agencies may be provided voting
2589 membership on the M.P.O. In all other M.P.O.’s in which
2590 transportation authorities or agencies are to be represented by
2591 elected officials from general-purpose local governments, the
2592 M.P.O. shall establish a process by which the collective
2593 interests of such authorities or other agencies are expressed
2594 and conveyed.
2595 (c) Any other provision of this section to the contrary
2596 notwithstanding, a charter chartered county with a population of
2597 over 1 million population may elect to reapportion the
2598 membership of an M.P.O. if the M.P.O. whose jurisdiction is
2599 wholly within the county. The charter county may exercise the
2600 provisions of this paragraph if:
2601 1. The M.P.O. approves the reapportionment plan by a three
2602 fourths vote of its membership;
2603 2. The M.P.O. and the charter county determine that the
2604 reapportionment plan is needed to fulfill specific goals and
2605 policies applicable to that metropolitan planning area; and
2606 3. The charter county determines the reapportionment plan
2607 otherwise complies with all federal requirements pertaining to
2608 M.P.O. membership.
2609
2610 A Any charter county that elects to exercise the provisions of
2611 this paragraph shall notify the Governor in writing.
2612 (d) Any other provision of this section to the contrary
2613 notwithstanding, a any county as defined in s. 125.011(1)
2614 chartered under s. 6(e), Art. VIII of the State Constitution may
2615 elect to have its county commission serve as the M.P.O., if the
2616 M.P.O. jurisdiction is wholly contained within the county. Any
2617 charter county that elects to exercise the provisions of this
2618 paragraph shall so notify the Governor in writing. Upon receipt
2619 of such notification, the Governor must designate the county
2620 commission as the M.P.O. The Governor must appoint four
2621 additional voting members to the M.P.O., one of whom must be an
2622 elected official representing a municipality within the county,
2623 one of whom must be an expressway authority member, one of whom
2624 must be a person who does not hold elected public office and who
2625 resides in the unincorporated portion of the county, and one of
2626 whom must be a school board member.
2627 (4) APPORTIONMENT.—
2628 (b) Except for members who represent municipalities on the
2629 basis of alternating with representatives from other
2630 municipalities that do not have members on the M.P.O. as
2631 provided in paragraph (3)(a), the members of an M.P.O. shall
2632 serve 4-year terms. Members who represent municipalities on the
2633 basis of alternating with representatives from other
2634 municipalities that do not have members on the M.P.O. as
2635 provided in paragraph (3)(a) may serve terms of up to 4 years as
2636 further provided in the interlocal agreement described in
2637 paragraph (2)(b). The membership of a member who is a public
2638 official automatically terminates upon the member’s leaving his
2639 or her elective or appointive office for any reason, or may be
2640 terminated by a majority vote of the total membership of the
2641 entity’s governing board represented by the member. A vacancy
2642 shall be filled by the original appointing entity. A member may
2643 be reappointed for no more than two one or more additional 4
2644 year terms.
2645 Section 49. Notwithstanding any other provision of law to
2646 the contrary, by July 1, 2019, each metropolitan planning
2647 organization shall update its membership, interlocal agreement,
2648 governing documents, and any other relevant information to
2649 comply with changes made by this act to s. 339.175, Florida
2650 Statutes.
2651 Section 50. Section 328.80, Florida Statutes, is amended to
2652 read:
2653 328.80 Transactions by electronic or telephonic means.—
2654 (1) The Department of Highway Safety and Motor Vehicles may
2655 commission is authorized to accept any application provided for
2656 under this chapter by electronic or telephonic means.
2657 (2) The Department of Highway Safety and Motor Vehicles may
2658 issue an electronic certificate of registration in addition to
2659 printing a paper registration.
2660 (3) The Department of Highway Safety and Motor Vehicles may
2661 collect electronic mail addresses and use electronic mail in
2662 lieu of the United States Postal Service for the purpose of
2663 providing renewal notices.
2664 Section 51. Subsection (4) of section 328.48, Florida
2665 Statutes, is amended to read:
2666 328.48 Vessel registration, application, certificate,
2667 number, decal, duplicate certificate.—
2668 (4) Each certificate of registration issued shall state
2669 among other items the numbers awarded to the vessel, the hull
2670 identification number, the name and address of the owner, and a
2671 description of the vessel, except that certificates of
2672 registration for vessels constructed or assembled by the owner
2673 registered for the first time shall state all the foregoing
2674 information except the hull identification number. The numbers
2675 shall be placed on each side of the forward half of the vessel
2676 in such position as to provide clear legibility for
2677 identification, except, if the vessel is an airboat, the numbers
2678 may be placed on each side of the rudder. The numbers awarded to
2679 the vessel shall read from left to right and shall be in block
2680 characters of good proportion not less than 3 inches in height.
2681 The numbers shall be of a solid color which will contrast with
2682 the color of the background and shall be so maintained as to be
2683 clearly visible and legible; i.e., dark numbers on a light
2684 background or light numbers on a dark background. The
2685 certificate of registration shall be pocket-sized and shall be
2686 available for inspection on the vessel for which issued whenever
2687 such vessel is in operation. If the certificate of registration
2688 is not available for inspection on the vessel or is damaged or
2689 otherwise illegible, the operator may present for inspection an
2690 electronic device displaying an electronic certificate issued
2691 pursuant to s. 328.80. Such presentation does not constitute
2692 consent for inspection of any information on the device other
2693 than the displayed certificate. The person who presents the
2694 device for inspection assumes the liability for any resulting
2695 damage to the device.
2696 Section 52. Subsection (5) of section 338.166, Florida
2697 Statutes, is amended to read:
2698 338.166 High-occupancy toll lanes or express lanes.—
2699 (5) Effective July 1, 2018, If the a customer’s average
2700 travel speed for a segment of trip in an express lane falls
2701 below 40 miles per hour, the toll customer must be charged shall
2702 be the segment’s the minimum express lane toll. An express lane
2703 segment is the distance between the customer’s point of entry to
2704 the first available exit. Additional segments are defined by the
2705 distance between subsequent exits. A customer’s express lane
2706 average travel speed is his or her average travel speed from the
2707 customer’s entry point to the customer’s exit point.
2708 Section 53. Paragraphs (d) and (e) of subsection (1) of
2709 section 338.2216, Florida Statutes, are amended to read:
2710 338.2216 Florida Turnpike Enterprise; powers and
2711 authority.—
2712 (1)
2713 (d) The Florida Turnpike Enterprise shall pursue and
2714 implement new technologies and processes in its operations and
2715 collection of tolls and the collection of other amounts
2716 associated with road and infrastructure usage. Such technologies
2717 and processes must include, without limitation, video billing
2718 and variable pricing. The Florida Turnpike Enterprise may
2719 require the use of an electronic transponder interoperable with
2720 the department’s electronic toll collection system for the use
2721 of express lanes on the turnpike system. Variable pricing may
2722 not be implemented in express lanes when the level of service in
2723 the express lane, determined in accordance with the criteria
2724 established by the Transportation Research Board Highway
2725 Capacity Manual (5th Edition, HCM 2010), as amended from time to
2726 time, is equal to level of service A. Variable pricing in
2727 express lanes when the level of service in the express lane is
2728 level of service B may only be implemented by charging the
2729 segment’s general toll lane toll amount plus the segment’s
2730 minimum toll amount an amount set by department rule. An express
2731 lane segment is the distance between the customer’s point of
2732 entry to the first available exit. Additional segments are
2733 defined by the distance between subsequent exits. Except as
2734 otherwise provided in this subsection, pricing in express lanes
2735 when the level of service is other than level of service A or
2736 level of service B may vary in the manner established by the
2737 Florida Turnpike Enterprise to manage congestion in the express
2738 lanes.
2739 (e) Effective July 1, 2018, if a customer’s average travel
2740 speed for a trip in an express lane falls below 40 miles per
2741 hour, the customer must be charged the general toll lane toll
2742 amount plus an amount set by department rule. A customer’s
2743 express lane average travel speed is his or her average travel
2744 speed from the customer’s entry point to the customer’s exit
2745 point.
2746 Section 54. Section 334.352, Florida Statutes, is created
2747 to read:
2748 334.352 State university ingress and egress.—A local
2749 governmental entity may not prevent public motor vehicle use on
2750 or access to an existing transportation facility or
2751 transportation corridor as defined in s. 334.03 if that
2752 transportation facility or transportation corridor is the only
2753 point, or one of only two points, of ingress to and egress from
2754 a state university as defined in s. 1000.21. This section does
2755 not apply when a law enforcement agency prevents use or access
2756 to a facility or corridor in an emergency situation or to a
2757 temporary closure of a facility or corridor, if necessary, for
2758 road maintenance or repair.
2759 Section 55. Subsection (2) of section 338.222, Florida
2760 Statutes, is amended to read:
2761 338.222 Department of Transportation sole governmental
2762 entity to acquire, construct, or operate turnpike projects;
2763 exception.—
2764 (2) The department may, but is not required to, contract
2765 with any local governmental entity as defined in s. 334.03(13)
2766 for the design, right-of-way acquisition, transfer, purchase,
2767 sale, acquisition, or other conveyance of the ownership,
2768 operation, maintenance, or construction of any turnpike project
2769 which the Legislature has approved. Local governmental entities
2770 may negotiate and contract with the department for the design,
2771 right-of-way acquisition, transfer, purchase, sale, acquisition,
2772 or other conveyance of the ownership, operation, maintenance, or
2773 and construction of any section of the turnpike project within
2774 areas of their respective jurisdictions or within counties with
2775 which they have interlocal agreements. Any contract for the
2776 transfer, purchase, sale, acquisition, or other conveyance of
2777 the ownership, operation, or maintenance of a turnpike project
2778 to a local governmental entity must be specifically approved by
2779 the Legislature.
2780 Section 56. Subsection (1) of section 655.960, Florida
2781 Statutes, is amended to read:
2782 655.960 Definitions; ss. 655.960-655.965.—As used in this
2783 section and ss. 655.961-655.965, unless the context otherwise
2784 requires:
2785 (1) “Access area” means any paved walkway or sidewalk which
2786 is within 50 feet of any automated teller machine. The term does
2787 not include any street or highway open to the use of the public,
2788 as defined in s. 316.003(81)(a) s. 316.003(79)(a) or (b),
2789 including any adjacent sidewalk, as defined in s. 316.003.
2790 Section 57. Paragraph (a) of subsection (2) of section
2791 812.014, Florida Statutes, is amended to read:
2792 812.014 Theft.—
2793 (2)(a)1. If the property stolen is valued at $100,000 or
2794 more or is a semitrailer that was deployed by a law enforcement
2795 officer; or
2796 2. If the property stolen is cargo valued at $50,000 or
2797 more that has entered the stream of interstate or intrastate
2798 commerce from the shipper’s loading platform to the consignee’s
2799 receiving dock; or
2800 3. If the offender commits any grand theft and:
2801 a. In the course of committing the offense the offender
2802 uses a motor vehicle as an instrumentality, other than merely as
2803 a getaway vehicle, to assist in committing the offense and
2804 thereby damages the real property of another; or
2805 b. In the course of committing the offense the offender
2806 causes damage to the real or personal property of another in
2807 excess of $1,000; or
2808 4. If the property stolen is cargo and in the course of
2809 committing the offense the offender uses any type of device to
2810 defeat, block, disable, jam, or interfere with a global
2811 positioning system or similar system designed to identify the
2812 location of the cargo or the vehicle or trailer carrying the
2813 cargo,
2814
2815 the offender commits grand theft in the first degree, punishable
2816 as a felony of the first degree, as provided in s. 775.082, s.
2817 775.083, or s. 775.084.
2818 Section 58. The Department of Highway Safety and Motor
2819 Vehicles, in cooperation with the Florida Tax Collectors
2820 Association, shall undertake a review of the registration
2821 renewal period for heavy trucks weighing more than 5,000 pounds
2822 and less than 8,000 pounds. The department shall submit a report
2823 documenting the findings and recommendations of the review to
2824 the Governor, the President of the Senate, and the Speaker of
2825 the House of Representatives by December 31, 2018. As part of
2826 the review, the department shall include:
2827 (1) Options to allow owners of applicable heavy trucks to
2828 renew their registrations on their birth dates instead of
2829 December 31 of each year.
2830 (2) A plan for implementation of the revised renewal
2831 period, including the proration of registration renewal fees.
2832 (3) The estimated fiscal impact to state and local
2833 government associated with changes in the renewal period for
2834 applicable heavy trucks.
2835 (4) A plan to educate the motoring public about changes in
2836 the renewal period for applicable heavy trucks.
2837 Section 59. Florida Transportation Commission review;
2838 electric and hybrid vehicles report.—
2839 (1)(a) The Florida Transportation Commission shall review
2840 all sources of revenue for transportation infrastructure and
2841 maintenance projects and prepare a report to the Governor and
2842 the Legislature when the commission determines that electric
2843 vehicles, as defined in s. 320.01(36), Florida Statutes, and
2844 hybrid vehicles, as defined in s. 316.0741, Florida Statutes,
2845 make up 2 percent or more of the total number of vehicles
2846 registered in this state.
2847 (b) The commission, in consultation with the Department of
2848 Highway Safety and Motor Vehicles, may use commercially
2849 available data that the commission deems reliable to support its
2850 determination and report. The report must, at a minimum, assess
2851 the effect of projected electric and hybrid vehicle use in this
2852 state on future revenue from existing taxes, fees, and
2853 surcharges related to nonelectric, private-use motorcycles,
2854 mopeds, automobiles, tri-vehicles, and trucks.
2855 (c) The commission, in consultation with the Division of
2856 Emergency Management, shall also make an assessment of
2857 transportation infrastructure with respect to emergency
2858 evacuations and electric vehicles, including, but not limited
2859 to, the availability of electric vehicle charging stations in
2860 this state.
2861 (2) The report must include recommendations to the
2862 Legislature:
2863 (a) To ensure continued funding for necessary maintenance
2864 that provides for adequate levels of service on existing
2865 transportation infrastructure;
2866 (b) To accomplish improvements and capacity projects on
2867 transportation infrastructure which meet the demand from
2868 projected population and economic growth; and
2869 (c) To accomplish necessary improvements to transportation
2870 infrastructure that would support emergency evacuations by users
2871 of electric vehicles.
2872 (3) The report shall be submitted to the Governor and the
2873 Legislature no later than September 1 of the year immediately
2874 after the year in which the commission determines that electric
2875 vehicles, as defined in s. 320.01(36), Florida Statutes, and
2876 hybrid vehicles, as defined in s. 316.0741, Florida Statutes,
2877 make up 2 percent or more of the total number of vehicles
2878 registered in this state.
2879 (4) Notwithstanding any other provisions of this section,
2880 the commission may undertake and complete the review and report
2881 before the 2-percent threshold is reached if the commission
2882 finds that earlier completion is appropriate to maintain a
2883 financially stable, long-term transportation work program.
2884 Section 60. Except as otherwise expressly provided in this
2885 act, this act shall take effect October 1, 2018.
2886
2887 ================= T I T L E A M E N D M E N T ================
2888 And the title is amended as follows:
2889 Delete everything before the enacting clause
2890 and insert:
2891 A bill to be entitled
2892 An act relating to transportation; amending s. 20.23,
2893 F.S.; requiring the Department of Transportation to
2894 consist of a central office that establishes policies
2895 and procedures and districts that carry out projects
2896 as authorized or required under the policies and
2897 procedures of the central office; requiring the
2898 secretary to be a registered professional engineer,
2899 hold an advanced degree in an appropriate related
2900 discipline, or have a specified number of years of
2901 relevant experience; amending s. 316.003, F.S.;
2902 revising and providing definitions; amending s.
2903 316.008, F.S.; authorizing a mobile carrier to be
2904 operated on sidewalks and crosswalks within a county
2905 or municipality when such use is permissible under
2906 federal law; providing construction; amending s.
2907 316.0895, F.S.; prohibiting the driver of a vehicle
2908 from following another vehicle more closely than is
2909 reasonable and prudent; providing construction;
2910 deleting a provision relating to prohibitions on
2911 certain vehicles following other vehicles within a
2912 specified distance; amending s. 316.0896, F.S.;
2913 authorizing the Department of Transportation, in
2914 consultation with the Department of Highway Safety and
2915 Motor Vehicles, to conduct an ongoing pilot project to
2916 test the use and safe operation of vehicles equipped
2917 with driver-assistive truck platooning technology upon
2918 the conclusion of a certain study; authorizing the
2919 Department of Transportation to conduct the pilot
2920 project in such a manner and at such locations as
2921 determined by the department based on any initial
2922 findings and recommendations resulting from the pilot
2923 program; requiring, before the start of the pilot
2924 project, manufacturers of driver-assistive truck
2925 platooning technology being commercially operated in
2926 the pilot project to submit to the Department of
2927 Highway Safety and Motor Vehicles an instrument of
2928 insurance, a surety bond, or proof of self-insurance
2929 acceptable to the department in a specified amount;
2930 requiring, after the initial phase of the pilot
2931 project, the Department of Transportation, in
2932 consultation with the Department of Highway Safety and
2933 Motor Vehicles, to submit a preliminary report by a
2934 specified date to the Governor and Legislature;
2935 requiring the Department of Transportation to continue
2936 the pilot program for a specified period, subject to
2937 certain requirements; requiring the Department of
2938 Transportation, in consultation with the Department of
2939 Highway Safety and Motor Vehicles, to submit a final
2940 report by a specified date, which describes the
2941 results of the study and any final findings or
2942 recommendations, to the Governor and Legislature;
2943 amending s. 316.2071, F.S.; authorizing a mobile
2944 carrier to operate on sidewalks and crosswalks;
2945 providing rights, duties, and requirements; amending
2946 s. 316.235, F.S.; authorizing a motor vehicle to be
2947 equipped with certain lamps or devices under certain
2948 circumstances; amending ss. 316.224 and 316.2397,
2949 F.S.; conforming cross-references; amending s.
2950 316.2397, F.S.; authorizing certain vehicles to
2951 display red and white lights; amending s. 316.2398,
2952 F.S.; authorizing certain vehicles to display red and
2953 white warning signals under certain circumstances;
2954 providing requirements and penalties; amending s.
2955 316.302, F.S.; revising regulations to which owners
2956 and drivers of commercial motor vehicles are subject;
2957 delaying the requirement for electronic logging
2958 devices and support documents for certain intrastate
2959 motor carriers; deleting a limitation on a civil
2960 penalty for falsification of certain time records;
2961 deleting a requirement that a motor carrier maintain
2962 certain documentation of driving times; providing an
2963 exemption from specified provisions for a person who
2964 operates a commercial motor vehicle with a certain
2965 gross vehicle weight, gross vehicle weight rating, and
2966 gross combined weight rating; deleting the exemption
2967 from such provisions for a person transporting
2968 petroleum products; amending s. 316.303, F.S.;
2969 exempting an operator in a platoon from the
2970 prohibition against active display of television or
2971 video; amending s. 316.515, F.S.; revising length and
2972 load extension limitations for stinger-steered
2973 automobile transporters; authorizing automobile
2974 transporters to backhaul certain cargo or freight
2975 under certain circumstances; authorizing an unladen
2976 power unit to tow a certain combination of trailers or
2977 semitrailers under certain circumstances; amending s.
2978 316.85, F.S.; authorizing the Florida Turnpike
2979 Enterprise and certain authorities to fund, construct,
2980 and operate facilities for the advancement of
2981 autonomous and connected innovative transportation
2982 technology solutions for certain purposes; amending s.
2983 318.14, F.S.; revising the number of times certain
2984 persons may elect to attend a basic driver improvement
2985 course; amending s. 319.141, F.S.; revising the
2986 definition of the term “rebuilt inspection services”;
2987 deleting obsolete language; requiring the Department
2988 of Highway Safety and Motor Vehicles to ensure that an
2989 applicant of the pilot rebuilt motor vehicle
2990 inspection program meets certain criteria before the
2991 applicant is approved or renewed; requiring the
2992 operator of a facility to annually make certain
2993 attestations; prohibiting a program participant from
2994 conducting an inspection of a vehicle rebuilt before
2995 its purchase by the current applicant; requiring that
2996 such vehicles be inspected by the department;
2997 requiring any applicant that fails an initial rebuilt
2998 inspection to have that vehicle reinspected only by
2999 the department or the facility that conducted the
3000 original inspection; prohibiting any person or
3001 business authorized by the department to train,
3002 certify, or recertify operators and inspectors of
3003 private rebuilt motor vehicle inspection facilities
3004 from certifying or recertifying itself or any of its
3005 employees; requiring the department to conduct an
3006 onsite facility inspection at least twice a year;
3007 requiring a current operator to give the department
3008 certain notice of a transfer before any transfer of a
3009 rebuilt inspection facility; requiring a transferee to
3010 meet certain eligibility requirements and execute a
3011 new memorandum of understanding with the department
3012 before operating the facility; revising the date of
3013 repeal; requiring the department to submit a written
3014 report to the Governor and Legislature; amending s.
3015 320.01, F.S.; revising definitions; amending s.
3016 320.02, F.S.; requiring the application form for motor
3017 vehicle registration and renewal of registration to
3018 include an option to make a voluntary contribution to
3019 the Alzheimer’s Association, Inc.; exempting a mobile
3020 carrier from certain registration and insurance
3021 requirements; amending s. 320.06, F.S.; providing for
3022 future repeal of issuance of a certain annual license
3023 plate and cab card to a vehicle that has an
3024 apportioned registration; revising information
3025 required to appear on the cab card; providing
3026 requirements for license plates, cab cards, and
3027 validation stickers for vehicles registered in
3028 accordance with the International Registration Plan;
3029 authorizing a damaged or worn license plate to be
3030 replaced at no charge under certain circumstances;
3031 providing an exception to the design of dealer license
3032 plates; amending s. 320.0605, F.S.; requiring that a
3033 certain electronic copy of a registration certificate
3034 and an electronic copy of rental or lease
3035 documentation issued for a motor vehicle or issued for
3036 a replacement vehicle in the same registration period
3037 be in the possession of the operator or be carried in
3038 the vehicle for which it is issued and be exhibited
3039 upon demand of any authorized law enforcement officer
3040 or any agent of the department; specifying that the
3041 act of presenting to a law enforcement officer or
3042 agent of the department an electronic device
3043 displaying an electronic copy of a registration
3044 certificate or rental or lease documentation does not
3045 constitute consent for the officer or agent to access
3046 any information on the device other than the displayed
3047 certificate or documentation; requiring the person who
3048 presents the device to the officer or agent to assume
3049 the liability for any resulting damage to the device;
3050 providing that rental or lease documentation that
3051 includes the date and time of rental is sufficient to
3052 satisfy a specified requirement; amending s. 320.0607,
3053 F.S.; providing an exemption from a certain fee for
3054 vehicles registered under the International
3055 Registration Plan; amending s. 320.0657, F.S.;
3056 providing an exception to the design of fleet license
3057 plates; authorizing fleet companies to purchase
3058 specialty license plates in lieu of standard fleet
3059 license plates; requiring fleet companies to be
3060 responsible for certain costs; amending s. 320.08,
3061 F.S.; authorizing dealers to purchase specialty
3062 license plates in lieu of standard graphic dealer
3063 license plates; requiring dealers to be responsible
3064 for certain costs; amending s. 320.08053, F.S.;
3065 revising presale requirements for issuance of a
3066 specialty license plate; amending s. 320.08056, F.S.;
3067 allowing the department to authorize dealer and fleet
3068 specialty license plates; providing requirements for
3069 such plates; deleting certain specialty license
3070 plates; establishing an annual use fee for certain
3071 specialty license plates; revising provisions for
3072 discontinuing issuance of a specialty license plate;
3073 revising applicability; prohibiting use fees received
3074 by any entity from being used for certain purposes;
3075 requiring certain organizations to establish
3076 endowments based in this state for providing
3077 scholarships to Florida residents and to provide
3078 documentation of consent to use certain images;
3079 amending s. 320.08058, F.S.; authorizing the
3080 department to consult with the University of Central
3081 Florida for certain purposes; revising the design of
3082 certain specialty license plates; deleting certain
3083 specialty license plates; revising the distribution of
3084 annual use fees for certain specialty license plates;
3085 directing the department to develop certain specialty
3086 license plates; providing for distribution and use of
3087 fees collected from the sale of the plates; amending
3088 s. 320.08062, F.S.; directing the department to audit
3089 certain organizations that receive funds from the sale
3090 of specialty license plates; amending s. 320.08068,
3091 F.S.; requiring distribution of a specified percentage
3092 of motorcycle specialty license plate annual use fees
3093 to Preserve Vision Florida; amending s. 320.0807,
3094 F.S.; repealing provisions relating to special license
3095 plates for certain federal and state legislators;
3096 creating s. 320.0875, F.S.; providing for a special
3097 motorcycle license plate to be issued to a recipient
3098 of the Purple Heart; providing requirements for the
3099 plate; amending s. 320.089, F.S.; providing for a
3100 special license plate to be issued to a recipient of
3101 the Bronze Star; amending s. 320.131, F.S.;
3102 authorizing, beginning on a specified date, the
3103 department to partner with a county tax collector to
3104 conduct a Fleet Vehicle Temporary Tag pilot program,
3105 subject to certain requirements; providing for future
3106 repeal; amending s. 320.95, F.S.; allowing the
3107 department to authorize issuance of an electronic
3108 certificate of registration; authorizing such
3109 certificate to be presented for inspection; providing
3110 construction; providing for liability for any damage
3111 to the device that displays the certificate; providing
3112 for distribution of certain annual use fees withheld
3113 by the department; amending s. 322.01, F.S.; revising
3114 and providing definitions; amending s. 322.032, F.S.;
3115 directing the department to implement protocols for
3116 issuing an optional electronic credential and procure
3117 a related technology solution; providing requirements
3118 for qualified entities; requiring the department to
3119 maintain certain protocols and national standards;
3120 requiring the department to timely review and approve
3121 all electronic credential provider requests for
3122 authorized access to certain interfaces that meet the
3123 department’s requirements; providing requirements for
3124 an electronic credential provider and the electronic
3125 credential and verification solution; requiring the
3126 department to procure electronic credential providers
3127 and a credential service provider; requiring the
3128 department to enter into specified agreements with
3129 electronic credential providers; requiring a report to
3130 the Legislature and the Governor; requiring that the
3131 department provide electronic credential providers
3132 access to a standardized digital transaction process
3133 that has specified capabilities; requiring that
3134 certain revenue be deposited into the Motor Vehicle
3135 License Clearing Trust Fund for distribution;
3136 authorizing the department to assess a competitive
3137 market rate fee structure; prohibiting certain fees;
3138 requiring that an electronic credential be in a format
3139 that allows certain entities to verify the
3140 authenticity of such electronic credential and to
3141 validate certain privileges; providing that presenting
3142 an electronic device displaying an electronic
3143 credential does not constitute consent for a law
3144 enforcement officer to access any other information on
3145 such device; providing for the assumption of
3146 liability; amending s. 322.059, F.S.; conforming a
3147 provision to changes made by the act; amending s.
3148 322.09, F.S.; providing that a caregiver who signs a
3149 learner’s driver license of a minor in foster care
3150 does not assume any obligation or liability for
3151 damages under certain circumstances; requiring a
3152 caseworker to notify the caregiver of his or her
3153 intent to sign and verify such application before
3154 signing the application; amending s. 322.143, F.S.;
3155 revising the definition of the term “swipe”; amending
3156 s. 322.15, F.S.; conforming a provision to changes
3157 made by the act; amending s. 322.38, F.S.; revising
3158 requirements for renting a motor vehicle to another
3159 person; amending s. 322.61, F.S.; conforming a cross
3160 reference; amending s. 324.021, F.S.; conforming
3161 provisions to changes made by the act; amending s.
3162 324.031, F.S.; authorizing the owner or operator of a
3163 taxicab, limousine, jitney, or any other for-hire
3164 passenger transportation vehicle to prove financial
3165 responsibility by providing satisfactory evidence of
3166 holding a motor vehicle liability policy that is
3167 provided by an insurer that is authorized to do
3168 business in this state and is a member of the Florida
3169 Insurance Guaranty Association or an eligible
3170 nonadmitted insurer that has a certain financial
3171 strength rating by a rating agency acceptable to the
3172 Office of Insurance Regulation of the Financial
3173 Services Commission; amending s. 324.032, F.S.;
3174 decreasing the minimum amount of taxicabs, limousines,
3175 jitneys, or any other for-hire passenger
3176 transportation vehicles that an owner or a lessee
3177 operates in order to be able to provide financial
3178 responsibility by complying with specified provisions,
3179 subject to certain requirements; amending s. 339.175,
3180 F.S.; revising voting membership requirements for
3181 certain metropolitan planning organizations based on
3182 population; requiring metropolitan planning
3183 organizations to adopt certain bylaws; providing
3184 voting membership requirements for certain
3185 metropolitan planning organizations designated on or
3186 after a specified date; revising provisions relating
3187 to the reapportionment of members; requiring
3188 metropolitan planning organizations to comply with
3189 certain provisions by a specified date; amending s.
3190 328.80, F.S.; authorizing the department to issue an
3191 electronic certificate of registration for a vessel,
3192 to collect electronic mail addresses, and to use
3193 electronic mail for certain purposes; amending s.
3194 328.48, F.S.; authorizing a vessel operator to present
3195 such electronic certificate for inspection under
3196 certain circumstances; providing construction;
3197 providing that the person presenting the device
3198 assumes the liability for any resulting damage to the
3199 device; amending s. 338.166, F.S.; establishing toll
3200 amounts charged on segments of an express lane when
3201 the average travel speed falls below a certain speed;
3202 defining the term “segment”; amending s. 338.2216,
3203 F.S.; revising requirements for variable pricing in
3204 certain express lanes; defining the term “segment”;
3205 deleting provisions relating to toll amounts to be
3206 charged after a certain date; creating s. 334.352,
3207 F.S.; prohibiting a local governmental entity from
3208 preventing motor vehicle access to a transportation
3209 facility or transportation corridor under certain
3210 circumstances; providing applicability; amending s.
3211 338.222, F.S.; revising provisions relating to
3212 contracting and negotiation between the Department of
3213 Transportation and local governmental entities for
3214 acquisition, construction, or operation of turnpike
3215 projects; requiring any contract for the transfer,
3216 purchase, sale, acquisition, or other conveyance of
3217 the ownership, operation, or maintenance of a turnpike
3218 project to a local governmental entity to be
3219 specifically approved by the Legislature; amending s.
3220 655.960, F.S.; conforming a cross-reference; amending
3221 s. 812.014, F.S.; providing a criminal penalty for an
3222 offender committing grand theft who uses a device to
3223 interfere with a global positioning or similar system;
3224 requiring the Department of Highway Safety and Motor
3225 Vehicles to review the registration period of certain
3226 heavy trucks; requiring a report to the Governor and
3227 Legislature; providing review requirements; requiring
3228 the Florida Transportation Commission to review all
3229 sources of revenue for transportation infrastructure
3230 and maintenance projects and prepare a report to the
3231 Governor and the Legislature when the commission
3232 determines that electric and hybrid vehicles make up a
3233 certain percentage or more of the total number of
3234 vehicles registered in this state; authorizing the
3235 commission, in consultation with the Department of
3236 Highway Safety and Motor Vehicles, to use certain
3237 commercially available data; providing minimum
3238 reporting requirements; requiring the commission, in
3239 consultation with the Division of Emergency
3240 Management, to make an assessment of transportation
3241 infrastructure with respect to emergency evacuations
3242 and electric vehicles; specifying requirements for the
3243 report; requiring the report to be submitted to the
3244 Governor and the Legislature no later than a certain
3245 date; authorizing the commission to undertake and
3246 complete the review before the specified percentage
3247 threshold is reached, under certain circumstances;
3248 providing effective dates.