Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS/SB 382, 1st Eng.
Ì246368KÎ246368
LEGISLATIVE ACTION
Senate . House
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Floor: WD/RM .
03/09/2018 06:00 PM .
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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. Section 316.87, Florida Statutes, is amended to
661 read:
662 316.87 Nonemergency medical transportation services.—
663 (1) To ensure the availability of nonemergency medical
664 transportation services throughout the state, a provider
665 licensed by the county or operating under a permit issued by the
666 county may not be required to use a vehicle that is larger than
667 needed to transport the number of persons being transported or
668 that is inconsistent with the medical condition of the
669 individuals receiving the nonemergency medical transportation
670 services. This section does not apply to the procurement,
671 contracting, or provision of paratransit transportation
672 services, directly or indirectly, by a county or an authority,
673 pursuant to the Americans with Disabilities Act of 1990, as
674 amended.
675 (2)(a) Subject to state and federal Medicaid requirements,
676 Medicaid nonemergency transportation services may be provided to
677 a Medicaid beneficiary by a transportation network company
678 contracted with a Medicaid managed care plan, a transportation
679 broker under contract with a Medicaid managed care plan, or a
680 transportation broker under direct contract with the Agency for
681 Health Care Administration. The Agency for Health Care
682 Administration shall update the Non-Emergency Transportation
683 Services Coverage Policy pursuant to this subsection by October
684 1, 2018. Requirements for transportation network companies and
685 transportation network company drivers may not exceed those
686 imposed under s. 627.748, except as necessary to conform to
687 federal Medicaid transportation requirements administered by the
688 Agency for Health Care Administration.
689 (b) This subsection may not be construed to expand or limit
690 the existing transportation benefit provided to Medicaid
691 beneficiaries or to require a Medicaid managed care plan to
692 contract with a transportation network company or a
693 transportation broker.
694 Section 17. Subsection (9) of section 318.14, Florida
695 Statutes, is amended to read:
696 318.14 Noncriminal traffic infractions; exception;
697 procedures.—
698 (9) Any person who does not hold a commercial driver
699 license or commercial learner’s permit and who is cited while
700 driving a noncommercial motor vehicle for an infraction under
701 this section other than a violation of s. 316.183(2), s.
702 316.187, or s. 316.189 when the driver exceeds the posted limit
703 by 30 miles per hour or more, s. 320.0605, s. 320.07(3)(a) or
704 (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in
705 lieu of a court appearance, elect to attend in the location of
706 his or her choice within this state a basic driver improvement
707 course approved by the Department of Highway Safety and Motor
708 Vehicles. In such a case, adjudication must be withheld and
709 points, as provided by s. 322.27, may not be assessed. However,
710 a person may not make an election under this subsection if the
711 person has made an election under this subsection in the
712 preceding 12 months. A person may not make more than five
713 elections within his or her lifetime under this subsection,
714 except that a person who is 30 years of age or older who has
715 previously made five elections may make an election under this
716 subsection if the person has not made an election in the
717 preceding 36 months. The requirement for community service under
718 s. 318.18(8) is not waived by a plea of nolo contendere or by
719 the withholding of adjudication of guilt by a court. If a person
720 makes an election to attend a basic driver improvement course
721 under this subsection, 18 percent of the civil penalty imposed
722 under s. 318.18(3) shall be deposited in the State Courts
723 Revenue Trust Fund; however, that portion is not revenue for
724 purposes of s. 28.36 and may not be used in establishing the
725 budget of the clerk of the court under that section or s. 28.35.
726 Section 18. Section 319.141, Florida Statutes, is amended
727 to read:
728 319.141 Pilot rebuilt motor vehicle inspection program.—
729 (1) As used in this section, the term:
730 (a) “Facility” means a rebuilt motor vehicle inspection
731 facility authorized and operating under this section.
732 (b) “Rebuilt inspection services” means an examination of a
733 rebuilt vehicle and a properly endorsed certificate of title,
734 salvage certificate of title, or manufacturer’s statement of
735 origin and an application for a rebuilt certificate of title, a
736 rebuilder’s affidavit, a photograph of the junk or salvage
737 vehicle taken before repairs began, a photograph of the interior
738 driver and passenger sides of the vehicle if airbags were
739 previously deployed and replaced, receipts or invoices for all
740 major component parts, as defined in s. 319.30, and repairs
741 which were changed, and proof that notice of rebuilding of the
742 vehicle has been reported to the National Motor Vehicle Title
743 Information System.
744 (2) By July 1, 2015, The department shall oversee a pilot
745 program in Miami-Dade County to evaluate alternatives for
746 rebuilt inspection services offered by existing private sector
747 operators, including the continued use of private facilities,
748 the cost impact to consumers, and the potential savings to the
749 department.
750 (3) The department shall establish a memorandum of
751 understanding that allows private parties participating in the
752 pilot program to conduct rebuilt motor vehicle inspections and
753 specifies requirements for oversight, bonding and insurance,
754 procedures, and forms and requires the electronic transmission
755 of documents.
756 (4) Before an applicant is approved or renewed, the
757 department shall ensure that the applicant meets basic criteria
758 designed to protect the public. At a minimum, the applicant
759 shall meet all of the following requirements:
760 (a) Have and maintain a surety bond or irrevocable letter
761 of credit in the amount of $100,000 executed by the applicant.
762 (b) Secure and maintain a facility at a permanent fixed
763 structure which has at an address identified by a county-issued
764 tax folio number and recognized by the United States Postal
765 Service where the only services provided on such property are
766 rebuilt inspection services. The operator of a facility shall
767 annually attest that:
768 1. He or she is not employed by or does not have an
769 ownership interest in or other financial arrangement with the
770 owner, operator, manager, or employee of a motor vehicle repair
771 shop as defined in s. 559.903, a motor vehicle dealer as defined
772 in s. 320.27(1)(c), a towing company, a vehicle storage company,
773 a vehicle auction, an insurance company, a salvage yard, a metal
774 retailer, or a metal rebuilder, from which he or she receives
775 remuneration, directly or indirectly, for the referral of
776 customers for rebuilt inspection services;
777 2. There have been no changes to the ownership structure of
778 the approved facility; and
779 3. The only services being provided by the operator of the
780 facility at the property are rebuilt vehicle inspection services
781 approved by the department.
782 (c) Have and maintain garage liability and other insurance
783 required by the department.
784 (d) Have completed criminal background checks of the
785 owners, partners, and corporate officers and the inspectors
786 employed by the facility.
787 (e) Have a designated office and customer waiting area that
788 is separate from and not within view of the vehicle inspection
789 area. The vehicle inspection area must be capable of
790 accommodating all vehicle types and must be equipped with
791 cameras allowing the department to view and monitor every
792 inspection.
793 (f)(e) Meet any additional criteria the department
794 determines necessary to conduct proper inspections.
795 (5) A participant in the program shall access vehicle and
796 title information and enter inspection results through an
797 electronic filing system authorized by the department and shall
798 maintain records of each rebuilt vehicle inspection processed at
799 such facility for at least 5 years.
800 (6) A participant in the program may not conduct an
801 inspection of a vehicle rebuilt before its purchase by the
802 current applicant. Such vehicles must be inspected by the
803 department.
804 (7) Any applicant for a rebuilt title that fails an initial
805 rebuilt inspection may have that vehicle reinspected only by the
806 department or the facility that conducted the original
807 inspection.
808 (8) Any person or business authorized by the department to
809 train, certify, or recertify operators and inspectors of private
810 rebuilt motor vehicle inspection facilities may not certify or
811 recertify itself or any of its employees.
812 (9)(6) The department shall conduct an onsite facility
813 inspection at least twice a year and shall immediately terminate
814 any operator from the program who fails to meet the minimum
815 eligibility requirements specified in subsection (4). Before any
816 a change in ownership or transfer of a rebuilt inspection
817 facility, the current operator must give the department 45 days’
818 written notice of the intended sale or transfer. The prospective
819 owner or transferee must meet the eligibility requirements of
820 this section and execute a new memorandum of understanding with
821 the department before operating the facility.
822 (10)(7) This section is repealed on July 1, 2020 2018,
823 unless saved from repeal through reenactment by the Legislature.
824 On or before January 1, 2019, the department shall submit a
825 written report to the Governor, the President of the Senate, and
826 the Speaker of the House of Representatives evaluating the
827 current program and the benefits to the consumer and the
828 department.
829 Section 19. Paragraph (a) of subsection (1) and subsection
830 (24) of section 320.01, Florida Statutes, are amended to read:
831 320.01 Definitions, general.—As used in the Florida
832 Statutes, except as otherwise provided, the term:
833 (1) “Motor vehicle” means:
834 (a) An automobile, motorcycle, truck, trailer, semitrailer,
835 truck tractor and semitrailer combination, or any other vehicle
836 operated on the roads of this state, used to transport persons
837 or property, and propelled by power other than muscular power,
838 but the term does not include traction engines, road rollers,
839 personal delivery devices and mobile carriers as defined in s.
840 316.003, special mobile equipment as defined in s. 316.003,
841 vehicles that run only upon a track, bicycles, swamp buggies, or
842 mopeds.
843 (24) “Apportionable vehicle” means any vehicle, except
844 recreational vehicles, vehicles displaying restricted plates,
845 city pickup and delivery vehicles, buses used in transportation
846 of chartered parties, and government-owned vehicles, which is
847 used or intended for use in two or more member jurisdictions
848 that allocate or proportionally register vehicles and which is
849 used for the transportation of persons for hire or is designed,
850 used, or maintained primarily for the transportation of property
851 and:
852 (a) Is a power unit having a gross vehicle weight in excess
853 of 26,000 pounds;
854 (b) Is a power unit having three or more axles, regardless
855 of weight; or
856 (c) Is used in combination, when the weight of such
857 combination exceeds 26,000 pounds gross vehicle weight.
858
859 Vehicles, or combinations thereof, having a gross vehicle weight
860 of 26,000 pounds or less and two-axle vehicles may be
861 proportionally registered.
862 Section 20. Subsection (19) of section 320.02, Florida
863 Statutes, is amended, and paragraph (v) is added to subsection
864 (15) of that section, to read:
865 320.02 Registration required; application for registration;
866 forms.—
867 (15)
868 (v) Notwithstanding s. 320.023, the application form for
869 motor vehicle registration and renewal of registration must
870 include language permitting a voluntary contribution of $1 per
871 applicant to aid research in Alzheimer’s disease or related
872 forms of dementia. Contributions made pursuant to this paragraph
873 shall be distributed to the Alzheimer’s Association, Inc., for
874 the purpose of such research conducted within the state.
875
876 For the purpose of applying the service charge provided in s.
877 215.20, contributions received under this subsection are not
878 income of a revenue nature.
879 (19) A personal delivery device and a mobile carrier as
880 defined in s. 316.003 are is not required to satisfy the
881 registration and insurance requirements of this section.
882 Section 21. Paragraph (b) of subsection (1) and paragraph
883 (a) of subsection (3) of section 320.06, Florida Statutes, are
884 amended to read:
885 320.06 Registration certificates, license plates, and
886 validation stickers generally.—
887 (1)
888 (b)1. Registration license plates bearing a graphic symbol
889 and the alphanumeric system of identification shall be issued
890 for a 10-year period. At the end of the 10-year period, upon
891 renewal, the plate shall be replaced. The department shall
892 extend the scheduled license plate replacement date from a 6
893 year period to a 10-year period. The fee for such replacement is
894 $28, $2.80 of which shall be paid each year before the plate is
895 replaced, to be credited toward the next $28 replacement fee.
896 The fees shall be deposited into the Highway Safety Operating
897 Trust Fund. A credit or refund may not be given for any prior
898 years’ payments of the prorated replacement fee if the plate is
899 replaced or surrendered before the end of the 10-year period,
900 except that a credit may be given if a registrant is required by
901 the department to replace a license plate under s.
902 320.08056(8)(a). With each license plate, a validation sticker
903 shall be issued showing the owner’s birth month, license plate
904 number, and the year of expiration or the appropriate renewal
905 period if the owner is not a natural person. The validation
906 sticker shall be placed on the upper right corner of the license
907 plate. The license plate and validation sticker shall be issued
908 based on the applicant’s appropriate renewal period. The
909 registration period is 12 months, the extended registration
910 period is 24 months, and all expirations occur based on the
911 applicant’s appropriate registration period.
912 2. Before October 1, 2019, a vehicle that has an
913 apportioned registration shall be issued an annual license plate
914 and a cab card denoting that denote the declared gross vehicle
915 weight for each apportioned jurisdiction in which the vehicle is
916 authorized to operate.
917 3. Beginning October 1, 2019, a vehicle registered in
918 accordance with the International Registration Plan shall be
919 issued a license plate for a 5-year period, an annual cab card
920 denoting the declared gross vehicle weight, and an annual
921 validation sticker showing the month and year of expiration. The
922 validation sticker shall be placed in the center of the license
923 plate. The license plate and validation sticker shall be issued
924 based on the applicant’s appropriate renewal period. The fee for
925 the initial validation sticker and any renewed validation
926 sticker is $28. This fee shall be deposited into the Highway
927 Safety Operating Trust Fund. A damaged or worn license plate may
928 be replaced at no charge by applying to the department and
929 surrendering the current license plate.
930 4.2. In order to retain the efficient administration of the
931 taxes and fees imposed by this chapter, the 80-cent fee increase
932 in the replacement fee imposed by chapter 2009-71, Laws of
933 Florida, is negated as provided in s. 320.0804.
934 (3)(a) Registration license plates must be made of metal
935 specially treated with a retroreflection material, as specified
936 by the department. The registration license plate is designed to
937 increase nighttime visibility and legibility and must be at
938 least 6 inches wide and not less than 12 inches in length,
939 unless a plate with reduced dimensions is deemed necessary by
940 the department to accommodate motorcycles, mopeds, or similar
941 smaller vehicles. Validation stickers must also be treated with
942 a retroreflection material, must be of such size as specified by
943 the department, and must adhere to the license plate. The
944 registration license plate must be imprinted with a combination
945 of bold letters and numerals or numerals, not to exceed seven
946 digits, to identify the registration license plate number. The
947 license plate must be imprinted with the word “Florida” at the
948 top and the name of the county in which it is sold, the state
949 motto, or the words “Sunshine State” at the bottom. Apportioned
950 license plates must have the word “Apportioned” at the bottom
951 and license plates issued for vehicles taxed under s.
952 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
953 the word “Restricted” at the bottom. License plates issued for
954 vehicles taxed under s. 320.08(12) must be imprinted with the
955 word “Florida” at the top and the word “Dealer” at the bottom
956 unless the license plate is a specialty license plate as
957 authorized in s. 320.08056. Manufacturer license plates issued
958 for vehicles taxed under s. 320.08(12) must be imprinted with
959 the word “Florida” at the top and the word “Manufacturer” at the
960 bottom. License plates issued for vehicles taxed under s.
961 320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at
962 the bottom. Any county may, upon majority vote of the county
963 commission, elect to have the county name removed from the
964 license plates sold in that county. The state motto or the words
965 “Sunshine State” shall be printed in lieu thereof. A license
966 plate issued for a vehicle taxed under s. 320.08(6) may not be
967 assigned a registration license number, or be issued with any
968 other distinctive character or designation, that distinguishes
969 the motor vehicle as a for-hire motor vehicle.
970 Section 22. Section 320.0605, Florida Statutes, is amended
971 to read:
972 320.0605 Certificate of registration; possession required;
973 exception.—
974 (1)(a) The registration certificate or an official copy
975 thereof, including an electronic copy in a format authorized by
976 the department, a true copy or an electronic copy of rental or
977 lease documentation issued for a motor vehicle or issued for a
978 replacement vehicle in the same registration period, a temporary
979 receipt printed upon self-initiated electronic renewal of a
980 registration via the Internet, or a cab card issued for a
981 vehicle registered under the International Registration Plan
982 shall, at all times while the vehicle is being used or operated
983 on the roads of this state, be in the possession of the operator
984 thereof or be carried in the vehicle for which issued and shall
985 be exhibited upon demand of any authorized law enforcement
986 officer or any agent of the department, except for a vehicle
987 registered under s. 320.0657. The provisions of This section
988 does do not apply during the first 30 days after purchase of a
989 replacement vehicle. A violation of this section is a
990 noncriminal traffic infraction, punishable as a nonmoving
991 violation as provided in chapter 318.
992 (b)1. The act of presenting to a law enforcement officer or
993 agent of the department an electronic device displaying an
994 electronic copy of the registration certificate or the rental or
995 lease documentation does not constitute consent for the officer
996 or agent to access any information on the device other than the
997 displayed registration certificate or rental or lease
998 documentation.
999 2. The person who presents the device to the officer or
1000 agent assumes the liability for any resulting damage to the
1001 device.
1002 (2) Rental or lease documentation that is sufficient to
1003 satisfy the requirement in subsection (1) includes the
1004 following:
1005 (a) Date of rental and time of exit from rental facility;
1006 (b) Rental station identification;
1007 (c) Rental agreement number;
1008 (d) Rental vehicle identification number;
1009 (e) Rental vehicle license plate number and state of
1010 registration;
1011 (f) Vehicle’s make, model, and color;
1012 (g) Vehicle’s mileage; and
1013 (h) Authorized renter’s name.
1014 Section 23. Subsection (5) of section 320.0607, Florida
1015 Statutes, is amended to read:
1016 320.0607 Replacement license plates, validation decal, or
1017 mobile home sticker.—
1018 (5) Upon the issuance of an original license plate, the
1019 applicant shall pay a fee of $28 to be deposited in the Highway
1020 Safety Operating Trust Fund. Beginning October 1, 2019, this
1021 subsection does not apply to a vehicle registered under the
1022 International Registration Plan.
1023 Section 24. Paragraph (b) of subsection (2) of section
1024 320.0657, Florida Statutes, is amended to read:
1025 320.0657 Permanent registration; fleet license plates.—
1026 (2)
1027 (b) The plates, which shall be of a distinctive color,
1028 shall have the word “Fleet” appearing at the bottom and the word
1029 “Florida” appearing at the top unless the license plate is a
1030 specialty license plate as authorized in s. 320.08056. The
1031 plates shall conform in all respects to the provisions of this
1032 chapter, except as specified herein. For additional fees as set
1033 forth in s. 320.08056, fleet companies may purchase specialty
1034 license plates in lieu of the standard fleet license plates.
1035 Fleet companies shall be responsible for all costs associated
1036 with the specialty license plate, including all annual use fees,
1037 processing fees, fees associated with switching license plate
1038 types, and any other applicable fees.
1039 Section 25. Subsection (12) of section 320.08, Florida
1040 Statutes, is amended to read:
1041 320.08 License taxes.—Except as otherwise provided herein,
1042 there are hereby levied and imposed annual license taxes for the
1043 operation of motor vehicles, mopeds, motorized bicycles as
1044 defined in s. 316.003(3), tri-vehicles as defined in s. 316.003,
1045 and mobile homes as defined in s. 320.01, which shall be paid to
1046 and collected by the department or its agent upon the
1047 registration or renewal of registration of the following:
1048 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
1049 motor vehicle dealer, independent motor vehicle dealer, marine
1050 boat trailer dealer, or mobile home dealer and manufacturer
1051 license plate: $17 flat, of which $4.50 shall be deposited into
1052 the General Revenue Fund. For additional fees as set forth in s.
1053 320.08056, dealers may purchase specialty license plates in lieu
1054 of the standard graphic dealer license plates. Dealers shall be
1055 responsible for all costs associated with the specialty license
1056 plate, including all annual use fees, processing fees, fees
1057 associated with switching license plate types, and any other
1058 applicable fees.
1059 Section 26. Section 320.08053, Florida Statutes, is amended
1060 to read:
1061 320.08053 Establishment of Requirements for requests to
1062 establish specialty license plates.—
1063 (1) If a specialty license plate requested by an
1064 organization is approved by law, the organization must submit
1065 the proposed art design for the specialty license plate to the
1066 department, in a medium prescribed by the department, as soon as
1067 practicable, but no later than 60 days after the act approving
1068 the specialty license plate becomes a law.
1069 (2)(a) Within 120 days after following the specialty
1070 license plate becomes becoming law, the department shall
1071 establish a method to issue a specialty license plate voucher to
1072 allow for the presale of the specialty license plate. The
1073 processing fee as prescribed in s. 320.08056, the service charge
1074 and branch fee as prescribed in s. 320.04, and the annual use
1075 fee as prescribed in s. 320.08056 shall be charged for the
1076 voucher. All other applicable fees shall be charged at the time
1077 of issuance of the license plates.
1078 (b) Within 24 months after the presale specialty license
1079 plate voucher is established, the approved specialty license
1080 plate organization must record with the department a minimum of
1081 3,000 1,000 voucher sales, or in the case of an out-of-state
1082 college or university license plate, 4,000 voucher sales, before
1083 manufacture of the license plate may begin commence. If, at the
1084 conclusion of the 24-month presale period, the minimum sales
1085 requirement has requirements have not been met, the specialty
1086 plate is deauthorized and the department shall discontinue
1087 development of the plate and discontinue issuance of the presale
1088 vouchers. Upon deauthorization of the license plate, a purchaser
1089 of the license plate voucher may use the annual use fee
1090 collected as a credit towards any other specialty license plate
1091 or apply for a refund on a form prescribed by the department.
1092 (3)(a) New specialty license plates that have been approved
1093 by law but are awaiting issuance under paragraph (b) shall be
1094 issued in the order they appear in s. 320.08056(4) provided that
1095 they have met the presale requirement. All other provisions of
1096 this section must also be met before a plate is issued. If the
1097 next awaiting specialty license plate has not met the presale
1098 requirement, the department shall proceed in the order provided
1099 in s. 320.08056(4) to identify the next qualified specialty
1100 license plate that has met the presale requirement. The
1101 department shall cycle through the list in statutory order.
1102 (b) If the Legislature has approved 125 or more specialty
1103 license plates, the department may not make any new specialty
1104 license plates available for design or issuance until a
1105 sufficient number of plates are discontinued pursuant to s.
1106 320.08056(8) such that the number of plates being issued does
1107 not exceed 125. Notwithstanding s. 320.08056(8)(a), the 125
1108 license-plate limit includes license plates above the minimum
1109 sales threshold and those exempt from that threshold.
1110 Section 27. Subsection (2) of section 320.08056, Florida
1111 Statutes, is amended, present paragraphs (ff) through (ddd),
1112 (fff) through (ppp), and (sss) through (eeee) of subsection (4)
1113 are redesignated as paragraphs (ee) through (ccc), (ddd) through
1114 (nnn), and (ooo) through (aaaa), respectively, present
1115 paragraphs (ee), (eee), (qqq), and (rrr) of that subsection are
1116 amended, new paragraphs (bbbb) through (eeee) and paragraphs
1117 (ffff) through (oooo) are added to that subsection, paragraphs
1118 (c) through (f) are added to subsection (8), paragraph (a) of
1119 subsection (10) and subsection (11) are amended, and present
1120 subsection (12) is renumbered as subsection (13) and a new
1121 subsection (12) is added to that section, to read:
1122 320.08056 Specialty license plates.—
1123 (2)(a) The department shall issue a specialty license plate
1124 to the owner or lessee of any motor vehicle, except a vehicle
1125 registered under the International Registration Plan, a
1126 commercial truck required to display two license plates pursuant
1127 to s. 320.0706, or a truck tractor, upon request and payment of
1128 the appropriate license tax and fees.
1129 (b) The department may authorize dealer and fleet specialty
1130 license plates. With the permission of the sponsoring specialty
1131 license plate organization, a dealer or fleet company may
1132 purchase specialty license plates to be used on dealer and fleet
1133 vehicles.
1134 (c) Notwithstanding s. 320.08058, a dealer or fleet
1135 specialty license plate must include the letters “DLR” or “FLT”
1136 on the right side of the license plate. Dealer and fleet
1137 specialty license plates must be ordered directly through the
1138 department.
1139 (4) The following license plate annual use fees shall be
1140 collected for the appropriate specialty license plates:
1141 (ee) American Red Cross license plate, $25.
1142 (eee) Donate Organs-Pass It On license plate, $25.
1143 (qqq) St. Johns River license plate, $25.
1144 (rrr) Hispanic Achievers license plate, $25.
1145 (bbbb) Beat Childhood Cancer license plate, $25.
1146 (cccc) Auburn University license plate, $50.
1147 (dddd) Donate Life Florida license plate, $25.
1148 (eeee) Florida State Beekeepers Association license plate,
1149 $25.
1150 (ffff) Rotary license plate, $25.
1151 (gggg) Florida Bay Forever license plate, $25.
1152 (hhhh) Bonefish and Tarpon Trust license plate, $25.
1153 (iiii) Medical Professionals Who Care license plate, $25.
1154 (jjjj) University of Georgia license plate, $50.
1155 (kkkk) Highwaymen license plate, $25.
1156 (llll) Ducks Unlimited license plate, $25.
1157 (mmmm) Dan Marino Campus license plate, $25.
1158 (nnnn) University of Alabama license plate, $50.
1159 (oooo) Orlando City Soccer Club license plate, $25.
1160 (8)
1161 (c) A vehicle owner or lessee issued a specialty license
1162 plate that has been discontinued by the department may keep the
1163 discontinued specialty license plate for the remainder of the
1164 10-year license plate replacement period and must pay all other
1165 applicable registration fees. However, such owner or lessee is
1166 exempt from paying the applicable specialty license plate fee
1167 under subsection (4) for the remainder of the 10-year license
1168 plate replacement period.
1169 (d) If the department discontinues issuance of a specialty
1170 license plate, all annual use fees held or collected by the
1171 department shall be distributed within 180 days after the date
1172 the specialty license plate is discontinued. Of those fees, the
1173 department shall retain an amount sufficient to defray the
1174 applicable administrative and inventory closeout costs
1175 associated with discontinuance of the plate. The remaining funds
1176 shall be distributed to the appropriate organization or
1177 organizations pursuant to s. 320.08058.
1178 (e) If an organization that is the intended recipient of
1179 the funds pursuant to s. 320.08058 no longer exists, the
1180 department shall deposit any undisbursed funds into the Highway
1181 Safety Operating Trust Fund.
1182 (f) Notwithstanding paragraph (a), on January 1 of each
1183 year, the department shall discontinue the specialty license
1184 plate with the fewest number of plates in circulation, including
1185 license plates exempt from a statutory sales requirement. A
1186 warning letter shall be mailed to the sponsoring organizations
1187 of the 10 percent of specialty license plates with the lowest
1188 number of valid, active registrations as of December 1 of each
1189 year.
1190 (10)(a) A specialty license plate annual use fee collected
1191 and distributed under this chapter, or any interest earned from
1192 those fees, may not be used for commercial or for-profit
1193 activities nor for general or administrative expenses, except as
1194 authorized by s. 320.08058 or to pay the cost of the audit or
1195 report required by s. 320.08062(1). The fees and any interest
1196 earned from the fees may be expended only for use in this state
1197 unless the annual use fee is derived from the sale of United
1198 States Armed Forces and veterans-related specialty license
1199 plates pursuant to paragraphs (4)(d), (bb), (kk), (iii), and
1200 (uuu) (ll), (kkk), and (yyy) and s. 320.0891 or out-of-state
1201 college or university license plates pursuant to paragraphs
1202 (4)(cccc), (jjjj), and (nnnn).
1203 (11) The annual use fee from the sale of specialty license
1204 plates, the interest earned from those fees, or any fees
1205 received by any entity an agency as a result of the sale of
1206 specialty license plates may not be used for the purpose of
1207 marketing to, or lobbying, entertaining, or rewarding, an
1208 employee of a governmental agency that is responsible for the
1209 sale and distribution of specialty license plates, or an elected
1210 member or employee of the Legislature.
1211 (12) For out-of-state college or university license plates
1212 created pursuant to this section, the recipient organization
1213 shall:
1214 (a) Have established an endowment, based in this state, for
1215 the purpose of providing scholarships to Florida residents
1216 meeting the requirements of this chapter.
1217 (b) Provide documentation to the department that the
1218 organization and the department have the college’s or
1219 university’s consent to use an appropriate image on a license
1220 plate.
1221 Section 28. Effective October 1, 2021, paragraph (a) of
1222 subsection (8) of section 320.08056, Florida Statutes, is
1223 amended to read:
1224 320.08056 Specialty license plates.—
1225 (8)(a) The department must discontinue the issuance of an
1226 approved specialty license plate if the number of valid
1227 specialty plate registrations falls below 3,000, or in the case
1228 of an out-of-state college or university license plate, 4,000,
1229 1,000 plates for at least 12 consecutive months. A warning
1230 letter shall be mailed to the sponsoring organization following
1231 the first month in which the total number of valid specialty
1232 plate registrations is below 3,000, or in the case of an out-of
1233 state college or university license plate, 4,000 1,000 plates.
1234 This paragraph does not apply to in-state collegiate license
1235 plates established under s. 320.08058(3), license plates of
1236 institutions in and entities of the State University System,
1237 specialty license plates that have statutory eligibility
1238 limitations for purchase, specialty license plates for which
1239 annual use fees are distributed by a foundation for student and
1240 teacher leadership programs and teacher recruitment and
1241 retention, or Florida Professional Sports Team license plates
1242 established under s. 320.08058(9).
1243 Section 29. Present subsections (32) through (56), (58)
1244 through (68), and (71) through (83) of section 320.08058,
1245 Florida Statutes, are renumbered as subsections (31) through
1246 (55), (56) through (66), and (67) through (79), respectively,
1247 paragraph (a) of subsection (3), paragraph (a) of subsection
1248 (7), paragraph (b) of subsection (11), present subsections (31),
1249 (48), (57), (65), (66), (69), and (70), and paragraph (b) of
1250 present subsection (80) are amended, and new subsections (80)
1251 through (83) and subsections (84) through (93) are added to that
1252 section, to read:
1253 320.08058 Specialty license plates.—
1254 (3) COLLEGIATE LICENSE PLATES.—
1255 (a) The department shall develop a collegiate license plate
1256 as provided in this section for state and independent
1257 universities domiciled in this state. However, any collegiate
1258 license plate created or established after October 1, 2002, must
1259 comply with the requirements of s. 320.08053 and be specifically
1260 authorized by an act of the Legislature. Collegiate license
1261 plates must bear the colors and design approved by the
1262 department as appropriate for each state and independent
1263 university. The word “Florida” must be stamped across the bottom
1264 of the plate in small letters. The department may consult with
1265 the University of Central Florida for the purpose of having the
1266 words “2017 Undefeated Champions” stamped on the University of
1267 Central Florida specialty license plate.
1268 (7) SPECIAL OLYMPICS FLORIDA LICENSE PLATES.—
1269 (a) Special Olympics Florida license plates must contain
1270 the official Special Olympics Florida logo and must bear the
1271 colors and a design and colors that are approved by the
1272 department. The word “Florida” must be centered at the top
1273 bottom of the plate, and the words “Be a Fan” “Everyone Wins”
1274 must be centered at the bottom top of the plate.
1275 (11) INVEST IN CHILDREN LICENSE PLATES.—
1276 (b) The proceeds of the Invest in Children license plate
1277 annual use fee must be deposited into the Juvenile Crime
1278 Prevention and Early Intervention Trust Fund within the
1279 Department of Juvenile Justice. Based on the recommendations of
1280 the juvenile justice councils, the Department of Juvenile
1281 Justice shall use the proceeds of the fee to fund programs and
1282 services that are designed to prevent juvenile delinquency. The
1283 department shall allocate moneys for programs and services
1284 within each county based on that county’s proportionate share of
1285 the license plate annual use fee collected by the county.
1286 (31) AMERICAN RED CROSS LICENSE PLATES.—
1287 (a) Notwithstanding the provisions of s. 320.08053, the
1288 department shall develop an American Red Cross license plate as
1289 provided in this section. The word “Florida” must appear at the
1290 top of the plate, and the words “American Red Cross” must appear
1291 at the bottom of the plate.
1292 (b) The department shall retain all revenues from the sale
1293 of such plates until all startup costs for developing and
1294 issuing the plates have been recovered. Thereafter, 50 percent
1295 of the annual use fees shall be distributed to the American Red
1296 Cross Chapter of Central Florida, with statistics on sales of
1297 license plates, which are tabulated by county. The American Red
1298 Cross Chapter of Central Florida must distribute to each of the
1299 chapters in this state the moneys received from sales in the
1300 counties covered by the respective chapters, which moneys must
1301 be used for education and disaster relief in Florida. Fifty
1302 percent of the annual use fees shall be distributed
1303 proportionately to the three statewide approved poison control
1304 centers for purposes of combating bioterrorism and other poison
1305 related purposes.
1306 (47)(48) LIVE THE DREAM LICENSE PLATES.—
1307 (a) The department shall develop a Live the Dream license
1308 plate as provided in this section. Live the Dream license plates
1309 must bear the colors and design approved by the department. The
1310 word “Florida” must appear at the top of the plate, and the
1311 words “Live the Dream” must appear at the bottom of the plate.
1312 (b) The proceeds of the annual use fee shall be distributed
1313 to the Dream Foundation, Inc., to The Dream Foundation, Inc.,
1314 shall retain the first $60,000 in proceeds from the annual use
1315 fees as reimbursement for administrative costs, startup costs,
1316 and costs incurred in the approval process. Thereafter, up to 25
1317 percent shall be used for continuing promotion and marketing of
1318 the license plate and concept. The remaining funds shall be used
1319 in the following manner:
1320 1. Up to 5 percent may be used to administer, promote, and
1321 market the license plate.
1322 2.1. At least 30 Twenty-five percent shall be distributed
1323 equally among the sickle cell organizations that are Florida
1324 members of the Sickle Cell Disease Association of America, Inc.,
1325 for programs that provide research, care, and treatment for
1326 sickle cell disease.
1327 3.2. At least 30 Twenty-five percent shall be distributed
1328 to the Florida chapter of the March of Dimes for programs and
1329 services that improve the health of babies through the
1330 prevention of birth defects and infant mortality.
1331 4.3. At least 15 Ten percent shall be distributed to the
1332 Florida Association of Healthy Start Coalitions to decrease
1333 racial disparity in infant mortality and to increase healthy
1334 birth outcomes. Funding will be used by local Healthy Start
1335 Coalitions to provide services and increase screening rates for
1336 high-risk pregnant women, children under 4 years of age, and
1337 women of childbearing age.
1338 5.4. At least 15 Ten percent shall be distributed to
1339 Chapman the Community Partnership for Homeless, Inc., for
1340 programs that provide relief from poverty, hunger, and
1341 homelessness.
1342 6. Up to 5 percent may be distributed by the department on
1343 behalf of The Dream Foundation, Inc., to The Martin Luther King,
1344 Jr. Center for Nonviolent Social Change, Inc., as a royalty for
1345 the use of the image of Dr. Martin Luther King, Jr.
1346 5. Five percent of the proceeds shall be used by the
1347 foundation for administrative costs directly associated with
1348 operations as they relate to the management and distribution of
1349 the proceeds.
1350 (57) DONATE ORGANS-PASS IT ON LICENSE PLATES.—
1351 (a) The department shall develop a Donate Organs-Pass It On
1352 license plate as provided in this section. The word “Florida”
1353 must appear at the top of the plate, and the words “Donate
1354 Organs-Pass It On” must appear at the bottom of the plate.
1355 (b) The annual use fees shall be distributed to Transplant
1356 Foundation, Inc., and shall use up to 10 percent of the proceeds
1357 from the annual use fee for marketing and administrative costs
1358 that are directly associated with the management and
1359 distribution of the proceeds. The remaining proceeds shall be
1360 used to provide statewide grants for patient services, including
1361 preoperative, rehabilitative, and housing assistance; organ
1362 donor education and awareness programs; and statewide medical
1363 research.
1364 (63)(65) LIGHTHOUSE ASSOCIATION LICENSE PLATES.—
1365 (a) The department shall develop a Lighthouse Association
1366 license plate as provided in this section. The word “Florida”
1367 must appear at the top of the plate, and the words
1368 “SaveOurLighthouses.org Visit Our Lights” must appear at the
1369 bottom of the plate.
1370 (b) The annual use fees shall be distributed to the Florida
1371 Lighthouse Association, Inc., which may use a maximum of 10
1372 percent of the proceeds to promote and market the plates. The
1373 remaining proceeds shall be used by the association to fund the
1374 preservation, restoration, and protection of the 29 historic
1375 lighthouses remaining in the state.
1376 (64)(66) IN GOD WE TRUST LICENSE PLATES.—
1377 (a) The department shall develop an In God We Trust license
1378 plate as provided in this section. However, the requirements of
1379 s. 320.08053 must be met before the plates are issued. In God We
1380 Trust license plates must bear the colors and design approved by
1381 the department. The word “Florida” must appear at the top of the
1382 plate, and the words “In God We Trust” must appear in the body
1383 of the plate.
1384 (b) The license plate annual use fees shall be distributed
1385 to the In God We Trust Foundation, Inc., which may use a maximum
1386 of 10 percent of the proceeds to offset marketing,
1387 administration, and promotion; the balance of the fees to
1388 address the needs of the military community; the needs of the
1389 public safety community; provide educational grants and
1390 scholarships to foster self-reliance and stability in Florida’s
1391 children; and provide education in public and private schools
1392 regarding the historical significance of religion in American
1393 and Florida history to fund educational scholarships for the
1394 children of Florida residents who are members of the United
1395 States Armed Forces, the National Guard, and the United States
1396 Armed Forces Reserve and for the children of public safety
1397 employees who have died in the line of duty who are not covered
1398 by existing state law. Funds shall also be distributed to other
1399 s. 501(c)(3) organizations that may apply for grants and
1400 scholarships and to provide educational grants to public and
1401 private schools to promote the historical and religious
1402 significance of American and Florida history. The In God We
1403 Trust Foundation, Inc., shall distribute the license plate
1404 annual use fees in the following manner:
1405 1. The In God We Trust Foundation, Inc., shall retain all
1406 revenues from the sale of such plates until all startup costs
1407 for developing and establishing the plate have been recovered.
1408 2. Ten percent of the funds received by the In God We Trust
1409 Foundation, Inc., shall be expended for administrative costs,
1410 promotion, and marketing of the license plate directly
1411 associated with the operations of the In God We Trust
1412 Foundation, Inc.
1413 3. All remaining funds shall be expended by the In God We
1414 Trust Foundation, Inc., for programs.
1415 (69) ST. JOHNS RIVER LICENSE PLATES.—
1416 (a) The department shall develop a St. Johns River license
1417 plate as provided in this section. The St. Johns River license
1418 plates must bear the colors and design approved by the
1419 department. The word “Florida” must appear at the top of the
1420 plate, and the words “St. Johns River” must appear at the bottom
1421 of the plate.
1422 (b) The requirements of s. 320.08053 must be met prior to
1423 the issuance of the plate. Thereafter, the license plate annual
1424 use fees shall be distributed to the St. Johns River Alliance,
1425 Inc., a s. 501(c)(3) nonprofit organization, which shall
1426 administer the fees as follows:
1427 1. The St. Johns River Alliance, Inc., shall retain the
1428 first $60,000 of the annual use fees as direct reimbursement for
1429 administrative costs, startup costs, and costs incurred in the
1430 development and approval process. Thereafter, up to 10 percent
1431 of the annual use fee revenue may be used for administrative
1432 costs directly associated with education programs, conservation,
1433 research, and grant administration of the organization, and up
1434 to 10 percent may be used for promotion and marketing of the
1435 specialty license plate.
1436 2. At least 30 percent of the fees shall be available for
1437 competitive grants for targeted community-based or county-based
1438 research or projects for which state funding is limited or not
1439 currently available. The remaining 50 percent shall be directed
1440 toward community outreach and access programs. The competitive
1441 grants shall be administered and approved by the board of
1442 directors of the St. Johns River Alliance, Inc. A grant advisory
1443 committee shall be composed of six members chosen by the St.
1444 Johns River Alliance board members.
1445 3. Any remaining funds shall be distributed with the
1446 approval of and accountability to the board of directors of the
1447 St. Johns River Alliance, Inc., and shall be used to support
1448 activities contributing to education, outreach, and springs
1449 conservation.
1450 (70) HISPANIC ACHIEVERS LICENSE PLATES.—
1451 (a) Notwithstanding the requirements of s. 320.08053, the
1452 department shall develop a Hispanic Achievers license plate as
1453 provided in this section. The plate must bear the colors and
1454 design approved by the department. The word “Florida” must
1455 appear at the top of the plate, and the words “Hispanic
1456 Achievers” must appear at the bottom of the plate.
1457 (b) The proceeds from the license plate annual use fee
1458 shall be distributed to National Hispanic Corporate Achievers,
1459 Inc., a nonprofit corporation under s. 501(c)(3) of the Internal
1460 Revenue Code, to fund grants to nonprofit organizations to
1461 operate programs and provide scholarships and for marketing the
1462 Hispanic Achievers license plate. National Hispanic Corporate
1463 Achievers, Inc., shall establish a Hispanic Achievers Grant
1464 Council that shall provide recommendations for statewide grants
1465 from available Hispanic Achievers license plate proceeds to
1466 nonprofit organizations for programs and scholarships for
1467 Hispanic and minority Floridians. National Hispanic Corporate
1468 Achievers, Inc., shall also establish a Hispanic Achievers
1469 License Plate Fund. Moneys in the fund shall be used by the
1470 grant council as provided in this paragraph. All funds received
1471 under this subsection must be used in this state.
1472 (c) National Hispanic Corporate Achievers, Inc., may retain
1473 all proceeds from the annual use fee until documented startup
1474 costs for developing and establishing the plate have been
1475 recovered. Thereafter, the proceeds from the annual use fee
1476 shall be used as follows:
1477 1. Up to 5 percent of the proceeds may be used for the cost
1478 of administration of the Hispanic Achievers License Plate Fund,
1479 the Hispanic Achievers Grant Council, and related matters.
1480 2. Funds may be used as necessary for annual audit or
1481 compliance affidavit costs.
1482 3. Up to 20 percent of the proceeds may be used to market
1483 and promote the Hispanic Achievers license plate.
1484 4. Twenty-five percent of the proceeds shall be used by the
1485 Hispanic Corporate Achievers, Inc., located in Seminole County,
1486 for grants.
1487 5. The remaining proceeds shall be available to the
1488 Hispanic Achievers Grant Council to award grants for services,
1489 programs, or scholarships for Hispanic and minority individuals
1490 and organizations throughout Florida. All grant recipients must
1491 provide to the Hispanic Achievers Grant Council an annual
1492 program and financial report regarding the use of grant funds.
1493 Such reports must be available to the public.
1494 (d) Effective July 1, 2014, the Hispanic Achievers license
1495 plate will shift into the presale voucher phase, as provided in
1496 s. 320.08053(2)(b). National Hispanic Corporate Achievers, Inc.,
1497 shall have 24 months to record a minimum of 1,000 sales. Sales
1498 include existing active plates and vouchers sold subsequent to
1499 July 1, 2014. During the voucher period, new plates may not be
1500 issued, but existing plates may be renewed. If, at the
1501 conclusion of the 24-month presale period, the requirement of a
1502 minimum of 1,000 sales has been met, the department shall resume
1503 normal distribution of the Hispanic Achievers license plate. If,
1504 after 24 months, the minimum of 1,000 sales has not been met,
1505 the department shall discontinue the Hispanic Achievers license
1506 plate. This subsection is repealed June 30, 2016.
1507 (76)(80) FALLEN LAW ENFORCEMENT OFFICERS LICENSE PLATES.—
1508 (b) The annual use fees shall be distributed to the Police
1509 and Kids Foundation, Inc., which may use up to a maximum of 10
1510 percent of the proceeds for marketing to promote and market the
1511 plate. All remaining The remainder of the proceeds shall be
1512 distributed to and used by the Police and Kids Foundation, Inc.,
1513 for its operations, activities, programs, and projects to invest
1514 and reinvest, and the interest earnings shall be used for the
1515 operation of the Police and Kids Foundation, Inc.
1516 (80) BEAT CHILDHOOD CANCER LICENSE PLATES.—
1517 (a) The department shall develop a Beat Childhood Cancer
1518 license plate as provided in this section and s. 320.08053. The
1519 plate must bear the colors and design approved by the
1520 department. The word “Florida” must appear at the top of the
1521 plate, and the words “Beat Childhood Cancer” must appear at the
1522 bottom of the plate.
1523 (b) The annual use fees from the sale of the plate shall be
1524 distributed as follows:
1525 1. Eighty percent shall be distributed to Beat Nb, Inc.,
1526 which may use up to 10 percent of the proceeds for
1527 administrative costs directly associated with the operation of
1528 the corporation and for marketing and promoting the plate. The
1529 remaining proceeds shall be used by the corporation to fund
1530 pediatric cancer treatment and research.
1531 2. Twenty percent shall be distributed to No Kid Should
1532 Know Cancer, Inc., a nonprofit corporation under s. 501(c)(3) of
1533 the Internal Revenue Code, which may use up to 5 percent of the
1534 proceeds for administrative costs and for the marketing of the
1535 plate. The balance of the fees shall be used by No Kid Should
1536 Know Cancer, Inc., to:
1537 a. Support families who have a child recently diagnosed
1538 with cancer;
1539 b. Hold events that raise awareness about childhood cancer;
1540 and
1541 c. Support clinical trials that work to provide better
1542 treatment plans for children diagnosed with cancer and,
1543 ultimately, a better prognosis.
1544 3. All fees distributed from the sale of this plate must be
1545 spent for the designated purposes within the State of Florida.
1546 (81) AUBURN UNIVERSITY LICENSE PLATES.—
1547 (a) The department shall develop an Auburn University
1548 license plate as provided in this section and s. 320.08053. The
1549 plate must bear the colors and design approved by the
1550 department. The word “Florida” must appear at the top of the
1551 plate, and the words “War Eagle” must appear at the bottom of
1552 the plate.
1553 (b) The annual use fees from the sale of the plate shall be
1554 distributed to the Tampa Bay Auburn Club, which must use the
1555 moneys for the purpose of awarding scholarships to Florida
1556 residents attending Auburn University. Students receiving these
1557 scholarships must be eligible for the Florida Bright Futures
1558 Scholarship Program pursuant to s. 1009.531 and shall use the
1559 scholarship funds for tuition and other expenses related to
1560 attending Auburn University.
1561 (82) DONATE LIFE FLORIDA LICENSE PLATES.—
1562 (a) The department shall develop a Donate Life Florida
1563 license plate as provided in this section and s. 320.08053. The
1564 plate must bear the colors and design approved by the
1565 department. The word “Florida” must appear at the top of the
1566 plate, and the words “Donors Save Lives” must appear at the
1567 bottom of the plate.
1568 (b) The annual use fees from the sale of the plate shall be
1569 distributed to Donate Life Florida, which may use up to 10
1570 percent of the proceeds for marketing and administrative costs.
1571 The remaining proceeds of the annual use fees shall be used by
1572 Donate Life Florida to educate Florida residents on the
1573 importance of organ, tissue, and eye donation and for the
1574 continued maintenance of the Joshua Abbott Organ and Tissue
1575 Donor Registry.
1576 (83) FLORIDA STATE BEEKEEPERS ASSOCIATION LICENSE PLATES.—
1577 (a) The department shall develop a Florida State Beekeepers
1578 Association license plate as provided in this section and s.
1579 320.08053. The plate must bear the colors and design approved by
1580 the department. The word “Florida” must appear at the top of the
1581 plate, and the words “Save the Bees” must appear at the bottom
1582 of the plate.
1583 (b) The annual use fees shall be distributed to the Florida
1584 State Beekeepers Association, a Florida nonprofit corporation.
1585 The Florida State Beekeepers Association may use up to 10
1586 percent of the annual use fees for administrative, promotional,
1587 and marketing costs of the license plate.
1588 (c) The remaining funds shall be distributed to the Florida
1589 State Beekeepers Association and shall be used to raise
1590 awareness of the importance of beekeeping to Florida agriculture
1591 by funding honeybee research, education, outreach, and
1592 husbandry. The Florida State Beekeepers Association board of
1593 managers must approve and is accountable for all such
1594 expenditures.
1595 (84) ROTARY LICENSE PLATES.—
1596 (a) The department shall develop a Rotary license plate as
1597 provided in this section and s. 320.08053. The plate must bear
1598 the colors and design approved by the department. The word
1599 “Florida” must appear at the top of the plate, and the word
1600 “Rotary” must appear on the bottom of the plate. The license
1601 plate must bear the Rotary International wheel emblem.
1602 (b) The annual use fees shall be distributed to the
1603 Community Foundation of Tampa Bay, Inc., to be used as follows:
1604 1. Up to 10 percent may be used for administrative costs
1605 and for marketing of the plate.
1606 2. Ten percent shall be distributed to Rotary’s Camp
1607 Florida for direct support to all programs and services provided
1608 to children with special needs who attend the camp.
1609 3. The remainder shall be distributed, proportionally based
1610 on sales, to each Rotary district in the state in support of
1611 Rotary youth programs in Florida.
1612 (85) FLORIDA BAY FOREVER LICENSE PLATES.—
1613 (a) The department shall develop a Florida Bay Forever
1614 license plate as provided in this section and s. 320.08053. The
1615 plate must bear the colors and design approved by the
1616 department. The word “Florida” must appear at the top of the
1617 plate, and the words “Florida Bay Forever” must appear at the
1618 bottom of the plate.
1619 (b) The annual use fees from the sale of the plate shall be
1620 distributed to the Florida National Park Association, Inc.,
1621 which may use up to 10 percent of the proceeds for
1622 administrative costs and marketing of the plate. The remainder
1623 of the funds shall be used to supplement the Everglades National
1624 Park’s budgets and to support educational, interpretive,
1625 historical, and scientific research relating to the Everglades
1626 National Park.
1627 (86) BONEFISH AND TARPON TRUST LICENSE PLATES.—
1628 (a) The department shall develop a Bonefish and Tarpon
1629 Trust license plate as provided in this section and s.
1630 320.08053. The plate must bear the colors and design approved by
1631 the department. The word “Florida” must appear at the top of the
1632 plate, and the words “Bonefish and Tarpon Trust” must appear at
1633 the bottom of the plate.
1634 (b) The annual use fees from the sale of the plate shall be
1635 distributed to the Bonefish and Tarpon Trust, which may use up
1636 to 10 percent of the proceeds to promote and market the license
1637 plate. The remainder of the proceeds shall be used to conserve
1638 and enhance Florida bonefish and tarpon fisheries and their
1639 respective environments through stewardship, research,
1640 education, and advocacy.
1641 (87) MEDICAL PROFESSIONALS WHO CARE LICENSE PLATES.—
1642 (a) The department shall develop a Medical Professionals
1643 Who Care license plate as provided in this section and s.
1644 320.08053. The plate must bear the colors and design approved by
1645 the department. The word “Florida” must appear at the top of the
1646 plate, and the words “Medical Professionals Who Care” must
1647 appear at the bottom of the plate.
1648 (b) The annual use fees from the sale of the plate shall be
1649 distributed to Florida Benevolent Group, Inc., a Florida
1650 nonprofit corporation, which may use up to 10 percent of such
1651 fees for administrative costs, marketing, and promotion of the
1652 plate. The remainder of the revenues shall be used by Florida
1653 Benevolent Group, Inc., to assist low-income individuals in
1654 obtaining a medical education and career through scholarships,
1655 support, and guidance.
1656 (88) UNIVERSITY OF GEORGIA LICENSE PLATES.—
1657 (a) The department shall develop a University of Georgia
1658 license plate as provided in this section and s. 320.08053. The
1659 plate must bear the colors and design approved by the
1660 department. The word “Florida” must appear at the top of the
1661 plate, and the words “The University of Georgia” must appear at
1662 the bottom of the plate.
1663 (b) The annual use fees from the sale of the plate shall be
1664 distributed to the Georgia Bulldog Club of Jacksonville, which
1665 must use the moneys for the purpose of awarding scholarships to
1666 Florida residents attending the University of Georgia. Students
1667 receiving these scholarships must be eligible for the Florida
1668 Bright Futures Scholarship Program pursuant to s. 1009.531 and
1669 shall use the scholarship funds for tuition and other expenses
1670 related to attending the University of Georgia.
1671 (89) HIGHWAYMEN LICENSE PLATES.—
1672 (a) The department shall develop a Highwaymen license plate
1673 as provided in this section and s. 320.08053. The plate must
1674 bear the colors and design approved by the department. The word
1675 “Florida” must appear at the top of the plate, and the word
1676 “Highwaymen” must appear at the bottom of the plate.
1677 (b) The annual use fees shall be distributed to the City of
1678 Fort Pierce, subject to a city resolution designating the city
1679 as the fiscal agent of the license plate. The city may use up to
1680 10 percent of the fees for administrative costs and marketing of
1681 the plate and shall use the remainder of the fees as follows:
1682 1. Before completion of construction of the Highwaymen
1683 Museum and African-American Cultural Center, the city shall
1684 distribute at least 15 percent to the St. Lucie Education
1685 Foundation, Inc., to fund art education and art projects in
1686 public schools within St. Lucie County. The remainder of the
1687 fees shall be used by the city to fund the construction of the
1688 Highwaymen Museum and African-American Cultural Center.
1689 2. Upon completion of construction of the Highwaymen Museum
1690 and African-American Cultural Center, the city shall distribute
1691 at least 10 percent to the St. Lucie Education Foundation, Inc.,
1692 to fund art education and art projects in public schools within
1693 St. Lucie County. The remainder of the fees shall be used by the
1694 city to fund the day-to-day operations of the Highwaymen Museum
1695 and African-American Cultural Center.
1696 (90) DUCKS UNLIMITED LICENSE PLATES.—
1697 (a) The department shall develop a Ducks Unlimited license
1698 plate as provided in this section and s. 320.08053. The plate
1699 must bear the colors and design approved by the department. The
1700 word “Florida” must appear at the top of the plate, and the
1701 words “Conserving Florida Wetlands” must appear at the bottom of
1702 the plate.
1703 (b) The annual use fees from the sale of the plate shall be
1704 distributed to Ducks Unlimited, Inc., a nonprofit corporation
1705 under s. 501(c)(3) of the Internal Revenue Code, to be used as
1706 follows:
1707 1. Up to 5 percent may be used for administrative costs and
1708 marketing of the plate.
1709 2. At least 95 percent shall be used in this state to
1710 support the mission and efforts of Ducks Unlimited, Inc., to
1711 conserve, restore, and manage Florida wetlands and associated
1712 habitats for the benefit of waterfowl, other wildlife, and
1713 people.
1714 (91) DAN MARINO CAMPUS LICENSE PLATES.—
1715 (a) The department shall develop a Dan Marino Campus
1716 license plate as provided in this section and s. 320.08053. The
1717 plate must bear the colors and design approved by the
1718 department. The word “Florida” must appear at the top of the
1719 plate, and the words “Marino Campus” must appear at the bottom
1720 of the plate.
1721 (b) The annual use fees from the sale of the plate shall be
1722 distributed to the Dan Marino Foundation, a Florida nonprofit
1723 corporation, which may use up to 10 percent of such fees for
1724 administrative costs and marketing of the plate. The balance of
1725 the fees shall be used by the Dan Marino Foundation to assist
1726 Floridians with developmental disabilities in becoming employed,
1727 independent, and productive and to promote and fund education
1728 scholarships and awareness of these services.
1729 (92) UNIVERSITY OF ALABAMA LICENSE PLATES.—
1730 (a) The department shall develop a University of Alabama
1731 license plate as provided in this section and s. 320.08053. The
1732 plate must bear the colors and design approved by the
1733 department. The word “Florida” must appear at the top of the
1734 plate, and the words “Roll Tide” must appear at the bottom of
1735 the plate.
1736 (b) The annual use fees from the sale of the plate shall be
1737 distributed to Pensacola Bama Club, which must use the moneys
1738 for the purpose of awarding scholarships to Florida residents
1739 attending the University of Alabama. Students receiving these
1740 scholarships must be eligible for the Florida Bright Futures
1741 Scholarship Program pursuant to s. 1009.531 and shall use the
1742 scholarship funds for tuition and other expenses related to
1743 attending the University of Alabama.
1744 (93) ORLANDO CITY SOCCER CLUB LICENSE PLATES.—
1745 (a) The department shall develop an Orlando City Soccer
1746 Club license plate as provided in paragraph (9)(a).
1747 (b) The annual use fees from the sale of the plate shall be
1748 distributed and used as provided in paragraph (9)(b).
1749 Section 30. Section 320.08062, Florida Statutes, is amended
1750 to read:
1751 320.08062 Audits and attestations required; annual use fees
1752 of specialty license plates.—
1753 (1)(a) All organizations that receive annual use fee
1754 proceeds from the department are responsible for ensuring that
1755 proceeds are used in accordance with ss. 320.08056 and
1756 320.08058.
1757 (b) Any organization not subject to audit pursuant to s.
1758 215.97 shall annually attest, under penalties of perjury, that
1759 such proceeds were used in compliance with ss. 320.08056 and
1760 320.08058. The attestation shall be made annually in a form and
1761 format determined by the department. In addition, the department
1762 shall audit any such organization every 5 years to ensure
1763 proceeds have been used in compliance with ss. 320.08056 and
1764 320.08058.
1765 (c) Any organization subject to audit pursuant to s. 215.97
1766 shall submit an audit report in accordance with rules
1767 promulgated by the Auditor General. The annual attestation shall
1768 be submitted to the department for review within 9 months after
1769 the end of the organization’s fiscal year.
1770 (2)(a) Within 120 days after receiving an organization’s
1771 audit or attestation, the department shall determine which
1772 recipients of revenues from specialty license plate annual use
1773 fees have not complied with subsection (1). In determining
1774 compliance, the department may commission an independent
1775 actuarial consultant, or an independent certified public
1776 accountant, who has expertise in nonprofit and charitable
1777 organizations.
1778 (b) The department must discontinue the distribution of
1779 revenues to any organization failing to submit the required
1780 documentation as required in subsection (1), but may resume
1781 distribution of the revenues upon receipt of the required
1782 information.
1783 (c) If the department or its designee determines that an
1784 organization has not complied or has failed to use the revenues
1785 in accordance with ss. 320.08056 and 320.08058, the department
1786 must discontinue the distribution of the revenues to the
1787 organization. The department shall notify the organization of
1788 its findings and direct the organization to make the changes
1789 necessary in order to comply with this chapter. If the officers
1790 of the organization sign an affidavit under penalties of perjury
1791 stating that they acknowledge the findings of the department and
1792 attest that they have taken corrective action and that the
1793 organization will submit to a followup review by the department,
1794 the department may resume the distribution of revenues.
1795 (d) If an organization fails to comply with the
1796 department’s recommendations and corrective actions as outlined
1797 in paragraph (c), the revenue distributions shall be
1798 discontinued until completion of the next regular session of the
1799 Legislature. The department shall notify the President of the
1800 Senate and the Speaker of the House of Representatives by the
1801 first day of the next regular session of any organization whose
1802 revenues have been withheld as a result of this paragraph. If
1803 the Legislature does not provide direction to the organization
1804 and the department regarding the status of the undistributed
1805 revenues, the department shall deauthorize the plate and the
1806 undistributed revenues shall be immediately deposited into the
1807 Highway Safety Operating Trust Fund.
1808 (3) The department or its designee has the authority to
1809 examine all records pertaining to the use of funds from the sale
1810 of specialty license plates.
1811 Section 31. Paragraph (b) of subsection (4) of section
1812 320.08068, Florida Statutes, is amended to read:
1813 320.08068 Motorcycle specialty license plates.—
1814 (4) A license plate annual use fee of $20 shall be
1815 collected for each motorcycle specialty license plate. Annual
1816 use fees shall be distributed as follows:
1817 (b) Twenty percent to Preserve Vision Prevent Blindness
1818 Florida.
1819 Section 32. Subsections (5), (6), and (7) of section
1820 320.0807, Florida Statutes, are amended to read:
1821 320.0807 Special license plates for Governor and federal
1822 and state legislators.—
1823 (5) Upon application by any current or former President of
1824 the Senate and payment of the fees prescribed by s. 320.0805,
1825 the department may issue a license plate stamped “Senate
1826 President” followed by the number assigned by the department or
1827 chosen by the applicant if it is not already in use. Upon
1828 application by any current or former Speaker of the House of
1829 Representatives and payment of the fees prescribed by s.
1830 320.0805, the department may issue a license plate stamped
1831 “House Speaker” followed by the number assigned by the
1832 department or chosen by the applicant if it is not already in
1833 use.
1834 (6)(a) Upon application by any former member of Congress or
1835 former member of the state Legislature, payment of the fees
1836 prescribed by s. 320.0805, and payment of a one-time fee of
1837 $500, the department may issue a former member of Congress,
1838 state senator, or state representative a license plate stamped
1839 “Retired Congress,” “Retired Senate,” or “Retired House,” as
1840 appropriate, for a vehicle owned by the former member.
1841 (b) To qualify for a Retired Congress, Retired Senate, or
1842 Retired House prestige license plate, a former member must have
1843 served at least 4 years as a member of Congress, state senator,
1844 or state representative, respectively.
1845 (c) Four hundred fifty dollars of the one-time fee
1846 collected under paragraph (a) shall be distributed to the
1847 account of the direct-support organization established pursuant
1848 to s. 272.136 and used for the benefit of the Florida Historic
1849 Capitol Museum, and the remaining $50 shall be deposited into
1850 the Highway Safety Operating Trust Fund.
1851 (5)(7) The department may create a unique plate design for
1852 plates to be used by members or former members of the
1853 Legislature or Congress as provided in subsection subsections
1854 (2), (5), and (6).
1855 Section 33. Section 320.0875, Florida Statutes, is created
1856 to read:
1857 320.0875 Purple Heart special motorcycle license plate.—
1858 (1) Upon application to the department and payment of the
1859 license tax for the motorcycle as provided in s. 320.08, a
1860 resident of the state who owns or leases a motorcycle that is
1861 not used for hire or commercial use shall be issued a Purple
1862 Heart special motorcycle license plate if he or she provides
1863 documentation acceptable to the department that he or she is a
1864 recipient of the Purple Heart medal.
1865 (2) The Purple Heart special motorcycle license plate shall
1866 be stamped with the term “Combat-wounded Veteran” followed by
1867 the serial number of the license plate. The Purple Heart special
1868 motorcycle license plate may have the term “Purple Heart”
1869 stamped on the plate and the likeness of the Purple Heart medal
1870 appearing on the plate.
1871 Section 34. Paragraph (a) of subsection (1) of section
1872 320.089, Florida Statutes, is amended to read:
1873 320.089 Veterans of the United States Armed Forces; members
1874 of National Guard; survivors of Pearl Harbor; Purple Heart medal
1875 recipients; Bronze Star recipients; active or retired United
1876 States Armed Forces reservists; Combat Infantry Badge, Combat
1877 Medical Badge, or Combat Action Badge recipients; Combat Action
1878 Ribbon recipients; Air Force Combat Action Medal recipients;
1879 Distinguished Flying Cross recipients; former prisoners of war;
1880 Korean War Veterans; Vietnam War Veterans; Operation Desert
1881 Shield Veterans; Operation Desert Storm Veterans; Operation
1882 Enduring Freedom Veterans; Operation Iraqi Freedom Veterans;
1883 Women Veterans; World War II Veterans; and Navy Submariners;
1884 special license plates; fee.—
1885 (1)(a) Each owner or lessee of an automobile or truck for
1886 private use or recreational vehicle as specified in s.
1887 320.08(9)(c) or (d), which is not used for hire or commercial
1888 use, who is a resident of the state and a veteran of the United
1889 States Armed Forces, a Woman Veteran, a World War II Veteran, a
1890 Navy Submariner, an active or retired member of the Florida
1891 National Guard, a survivor of the attack on Pearl Harbor, a
1892 recipient of the Purple Heart medal, a recipient of the Bronze
1893 Star, an active or retired member of any branch of the United
1894 States Armed Forces Reserve, or a recipient of the Combat
1895 Infantry Badge, Combat Medical Badge, Combat Action Badge,
1896 Combat Action Ribbon, Air Force Combat Action Medal, or
1897 Distinguished Flying Cross, upon application to the department,
1898 accompanied by proof of release or discharge from any branch of
1899 the United States Armed Forces, proof of active membership or
1900 retired status in the Florida National Guard, proof of
1901 membership in the Pearl Harbor Survivors Association or proof of
1902 active military duty in Pearl Harbor on December 7, 1941, proof
1903 of being a Purple Heart medal recipient, proof of being a Bronze
1904 Star recipient, proof of active or retired membership in any
1905 branch of the United States Armed Forces Reserve, or proof of
1906 membership in the Combat Infantrymen’s Association, Inc., proof
1907 of being a recipient of the Combat Infantry Badge, Combat
1908 Medical Badge, Combat Action Badge, Combat Action Ribbon, Air
1909 Force Combat Action Medal, or Distinguished Flying Cross, and
1910 upon payment of the license tax for the vehicle as provided in
1911 s. 320.08, shall be issued a license plate as provided by s.
1912 320.06 which, in lieu of the serial numbers prescribed by s.
1913 320.06, is stamped with the words “Veteran,” “Woman Veteran,”
1914 “WWII Veteran,” “Navy Submariner,” “National Guard,” “Pearl
1915 Harbor Survivor,” “Combat-wounded veteran,” “Bronze Star,” “U.S.
1916 Reserve,” “Combat Infantry Badge,” “Combat Medical Badge,”
1917 “Combat Action Badge,” “Combat Action Ribbon,” “Air Force Combat
1918 Action Medal,” or “Distinguished Flying Cross,” as appropriate,
1919 and a likeness of the related campaign medal or badge, followed
1920 by the serial number of the license plate. Additionally, the
1921 Purple Heart plate may have the words “Purple Heart” stamped on
1922 the plate and the likeness of the Purple Heart medal appearing
1923 on the plate.
1924 Section 35. Subsection (10) is added to section 320.131,
1925 Florida Statutes, to read:
1926 320.131 Temporary tags.—
1927 (10) Beginning October 1, 2018, the department may partner
1928 with a county tax collector to conduct a Fleet Vehicle Temporary
1929 Tag pilot program to provide temporary tags to fleet companies
1930 to allow them to operate fleet vehicles awaiting a permanent
1931 registration and title.
1932 (a) The department shall establish a memorandum of
1933 understanding that allows a maximum of 10 companies to
1934 participate in the pilot program and receive multiple temporary
1935 tags for company fleet vehicles.
1936 (b) To participate in the program, a fleet company must
1937 have a minimum of 3,500 fleet vehicles registered in this state
1938 which qualify to be registered as fleet vehicles pursuant to s.
1939 320.0657.
1940 (c) The department may issue up to 50 temporary tags at a
1941 time to an eligible fleet company, if requested by such company.
1942 (d) The temporary tags are for exclusive use on vehicles
1943 purchased for the company’s fleet, and may not be used on any
1944 other vehicle.
1945 (e) Each temporary plate may be used on only one vehicle
1946 and each vehicle may only use one temporary plate.
1947 (f) Upon issuance of the vehicle’s permanent license plate
1948 and registration, the temporary tag becomes invalid and must be
1949 removed from the vehicle and destroyed.
1950 (g) Upon a finding by the department that a temporary tag
1951 has been misused by a fleet company under this program, the
1952 department may terminate the memorandum of understanding with
1953 the company, invalidate all temporary tags issued to the company
1954 under the program, and require such company to return any unused
1955 temporary tags.
1956 (h) This subsection is repealed on October 1, 2023, unless
1957 saved from repeal through reenactment by the Legislature.
1958 Section 36. Subsection (3) is added to section 320.95,
1959 Florida Statutes, to read:
1960 320.95 Transactions by electronic or telephonic means.—
1961 (3) The department may authorize issuance of an electronic
1962 certificate of registration in addition to printing a paper
1963 registration certificate. A motor vehicle operator may present
1964 for inspection an electronic device displaying an electronic
1965 certificate of registration issued pursuant to this subsection
1966 in lieu of a paper registration certificate. Such presentation
1967 does not constitute consent for inspection of any information on
1968 the device other than the displayed certificate of registration.
1969 The person who presents the device for inspection assumes the
1970 liability for any resulting damage to the device.
1971 Section 37. By November 1, 2018, the annual use fees
1972 withheld by the Department of Highway Safety and Motor Vehicles
1973 from the sale of the Live the Dream specialty license plate
1974 shall be used first to satisfy all outstanding royalty payments
1975 due to The Martin Luther King, Jr. Center for Nonviolent Social
1976 Change, Inc., for the use of the image of Dr. Martin Luther
1977 King, Jr. All remaining funds shall be distributed to the
1978 subrecipients on a pro rata basis according to the percentages
1979 specified in s. 320.08058(47), Florida Statutes.
1980 Section 38. Section 322.01, Florida Statutes, is amended to
1981 read:
1982 322.01 Definitions.—As used in this chapter:
1983 (1) “Actual weight” means the weight of a motor vehicle or
1984 motor vehicle combination plus the weight of the load carried on
1985 it, as determined at a fixed scale operated by the state or as
1986 determined by use of a portable scale operated by a law
1987 enforcement officer.
1988 (2) “Alcohol” means any substance containing any form of
1989 alcohol including, but not limited to, ethanol, methanol,
1990 propanol, and isopropanol.
1991 (3) “Alcohol concentration” means:
1992 (a) The number of grams of alcohol per 100 milliliters of
1993 blood;
1994 (b) The number of grams of alcohol per 210 liters of
1995 breath; or
1996 (c) The number of grams of alcohol per 67 milliliters of
1997 urine.
1998 (4) “Authorized emergency vehicle” means a vehicle that is
1999 equipped with extraordinary audible and visual warning devices,
2000 that is authorized by s. 316.2397 to display red, red and white,
2001 or blue lights, and that is on call to respond to emergencies.
2002 The term includes, but is not limited to, ambulances, law
2003 enforcement vehicles, fire trucks, and other rescue vehicles.
2004 The term does not include wreckers, utility trucks, or other
2005 vehicles that are used only incidentally for emergency purposes.
2006 (5) “Cancellation” means the act of declaring a driver
2007 license void and terminated.
2008 (6) “Color photographic driver license” means a color
2009 photograph of a completed driver license form meeting the
2010 requirements prescribed in s. 322.14.
2011 (7) “Commercial driver license” means a Class A, Class B,
2012 or Class C driver license issued in accordance with the
2013 requirements of this chapter.
2014 (8) “Commercial motor vehicle” means any motor vehicle or
2015 motor vehicle combination used on the streets or highways,
2016 which:
2017 (a) Has a gross vehicle weight rating of 26,001 pounds or
2018 more;
2019 (b) Is designed to transport more than 15 persons,
2020 including the driver; or
2021 (c) Is transporting hazardous materials and is required to
2022 be placarded in accordance with 49 C.F.R. part 172, subpart F.
2023
2024 A vehicle that occasionally transports personal property to and
2025 from a closed-course motorsport facility, as defined in s.
2026 549.09(1)(a), is not a commercial motor vehicle if the use is
2027 not for profit and corporate sponsorship is not involved. As
2028 used in this subsection, the term “corporate sponsorship” means
2029 a payment, donation, gratuity, in-kind service, or other benefit
2030 provided to or derived by a person in relation to the underlying
2031 activity, other than the display of product or corporate names,
2032 logos, or other graphic information on the property being
2033 transported.
2034 (9) “Controlled substance” means any substance classified
2035 as such under 21 U.S.C. s. 802(6), Schedules I-V of 21 C.F.R.
2036 part 1308, or chapter 893.
2037 (10) “Convenience service” means any means whereby an
2038 individual conducts a transaction with the department other than
2039 in person.
2040 (11)(a) “Conviction” means a conviction of an offense
2041 relating to the operation of motor vehicles on highways which is
2042 a violation of this chapter or any other such law of this state
2043 or any other state, including an admission or determination of a
2044 noncriminal traffic infraction pursuant to s. 318.14, or a
2045 judicial disposition of an offense committed under any federal
2046 law substantially conforming to the aforesaid state statutory
2047 provisions.
2048 (b) Notwithstanding any other provisions of this chapter,
2049 the definition of “conviction” provided in 49 C.F.R. s. 383.5
2050 applies to offenses committed in a commercial motor vehicle or
2051 by a person holding a commercial driver license.
2052 (12) “Court” means any tribunal in this state or any other
2053 state, or any federal tribunal, which has jurisdiction over any
2054 civil, criminal, traffic, or administrative action.
2055 (13) “Credential service provider” means an electronic
2056 credential provider competitively procured by the department to
2057 supply secure credential services based on open standards for
2058 identity management and verification to qualified entities.
2059 (14)(13) “Declared weight” means the maximum loaded weight
2060 declared for purposes of registration, pursuant to chapter 320.
2061 (15)(14) “Department” means the Department of Highway
2062 Safety and Motor Vehicles acting directly or through its duly
2063 authorized representatives.
2064 (16) “Digital identity verifier” means a public or private
2065 entity that consumes the identity management services provided
2066 by the credential service provider.
2067 (17)(15) “Disqualification” means a prohibition, other than
2068 an out-of-service order, that precludes a person from driving a
2069 commercial motor vehicle.
2070 (18)(16) “Drive” means to operate or be in actual physical
2071 control of a motor vehicle in any place open to the general
2072 public for purposes of vehicular traffic.
2073 (19)(17) “Driver license” means a certificate that, subject
2074 to all other requirements of law, authorizes an individual to
2075 drive a motor vehicle and denotes an operator’s license as
2076 defined in 49 U.S.C. s. 30301.
2077 (20) “Electronic” means relating to technology having
2078 electrical, digital, magnetic, wireless, optical,
2079 electromagnetic, or similar capabilities.
2080 (21) “Electronic credential” means an electronic
2081 representation of a physical driver license or identification
2082 card which is viewable on an electronic credential system and
2083 capable of being verified and authenticated.
2084 (22) “Electronic credential holder” means a person to whom
2085 an electronic credential has been issued.
2086 (23) “Electronic credential provider” means a qualified
2087 entity contracted with the department to provide electronic
2088 credentials to electronic credential holders.
2089 (24) “Electronic credential system” means a computer system
2090 used to display or transmit electronic credentials to a person
2091 or verification system and that may be accessed using an
2092 electronic device.
2093 (25) “Electronic device” means a device or a portion of a
2094 device that is designed for and capable of communicating across
2095 a computer network with other computers or devices for the
2096 purpose of transmitting, receiving, or storing data, including,
2097 but not limited to, a cellular telephone, tablet, or other
2098 portable device designed for and capable of communicating with
2099 or across a computer network, and is used to render an
2100 electronic credential.
2101 (26) “Electronic ID” means a technology solution by which a
2102 qualified entity authenticates the identity of an individual
2103 receiving goods or services.
2104 (27)(18) “Endorsement” means a special authorization which
2105 permits a driver to drive certain types of vehicles or to
2106 transport certain types of property or a certain number of
2107 passengers.
2108 (28)(19) “Farmer” means a person who grows agricultural
2109 products, including aquacultural, horticultural, and forestry
2110 products, and, except as provided herein, employees of such
2111 persons. The term does not include employees whose primary
2112 purpose of employment is the operation of motor vehicles.
2113 (29)(20) “Farm tractor” means a motor vehicle that is:
2114 (a) Operated principally on a farm, grove, or orchard in
2115 agricultural or horticultural pursuits and that is operated on
2116 the roads of this state only incidentally for transportation
2117 between the owner’s or operator’s headquarters and the farm,
2118 grove, or orchard or between one farm, grove, or orchard and
2119 another; or
2120 (b) Designed and used primarily as a farm implement for
2121 drawing plows, mowing machines, and other implements of
2122 husbandry.
2123 (30)(21) “Felony” means any offense under state or federal
2124 law that is punishable by death or by a term of imprisonment
2125 exceeding 1 year.
2126 (31)(22) “Foreign jurisdiction” means any jurisdiction
2127 other than a state of the United States.
2128 (32)(23) “Gross vehicle weight rating” means the value
2129 specified by the manufacturer as the maximum loaded weight of a
2130 single, combination, or articulated vehicle.
2131 (33)(24) “Hazardous materials” means any material that has
2132 been designated as hazardous under 49 U.S.C. s. 5103 and is
2133 required to be placarded under subpart F of 49 C.F.R. part 172
2134 or any quantity of a material listed as a select agent or toxin
2135 in 42 C.F.R. part 73.
2136 (34)(25) “Medical examiner’s certificate” means a document
2137 substantially in accordance with the requirements of 49 C.F.R.
2138 s. 391.43.
2139 (35)(26) “Motorcycle” means a motor vehicle powered by a
2140 motor with a displacement of more than 50 cubic centimeters,
2141 having a seat or saddle for the use of the rider, and designed
2142 to travel on not more than three wheels in contact with the
2143 ground, but excluding a tractor, tri-vehicle, or moped.
2144 (36)(27) “Motor vehicle” means any self-propelled vehicle,
2145 including a motor vehicle combination, not operated upon rails
2146 or guideway, excluding vehicles moved solely by human power,
2147 motorized wheelchairs, and motorized bicycles as defined in s.
2148 316.003.
2149 (37)(28) “Motor vehicle combination” means a motor vehicle
2150 operated in conjunction with one or more other vehicles.
2151 (38)(29) “Narcotic drugs” means coca leaves, opium,
2152 isonipecaine, cannabis, and every substance neither chemically
2153 nor physically distinguishable from them, and any and all
2154 derivatives of same, and any other drug to which the narcotics
2155 laws of the United States apply, and includes all drugs and
2156 derivatives thereof known as barbiturates.
2157 (39)(30) “Out-of-service order” means a prohibition issued
2158 by an authorized local, state, or Federal Government official
2159 which precludes a person from driving a commercial motor
2160 vehicle.
2161 (40)(31) “Owner” means the person who holds the legal title
2162 to a vehicle. However, if a vehicle is the subject of an
2163 agreement for the conditional sale or lease thereof with the
2164 right of purchase upon performance of the conditions stated in
2165 the agreement and with an immediate right of possession vested
2166 in the conditional vendee or lessee, or if a mortgagor of a
2167 vehicle is entitled to possession, such conditional vendee,
2168 lessee, or mortgagor is the owner for the purpose of this
2169 chapter.
2170 (41)(32) “Passenger vehicle” means a motor vehicle designed
2171 to transport more than 15 persons, including the driver, or a
2172 school bus designed to transport more than 15 persons, including
2173 the driver.
2174 (42)(33) “Permit” means a document authorizing the
2175 temporary operation of a motor vehicle within this state subject
2176 to conditions established in this chapter.
2177 (43) “Qualified entity” means a public or private entity
2178 which enters into a contract with the department, meets usage
2179 criteria, agrees to terms and conditions, and is authorized by
2180 the department to use the credential service provider for
2181 authentication and identification verification services.
2182 (44)(34) “Resident” means a person who has his or her
2183 principal place of domicile in this state for a period of more
2184 than 6 consecutive months, has registered to vote, has made a
2185 statement of domicile pursuant to s. 222.17, or has filed for
2186 homestead tax exemption on property in this state.
2187 (45)(35) “Restriction” means a prohibition against
2188 operating certain types of motor vehicles or a requirement that
2189 a driver comply with certain conditions when driving a motor
2190 vehicle.
2191 (46)(36) “Revocation” means the termination of a licensee’s
2192 privilege to drive.
2193 (47)(37) “School bus” means a motor vehicle that is
2194 designed to transport more than 15 persons, including the
2195 driver, and that is used to transport students to and from a
2196 public or private school or in connection with school
2197 activities, but does not include a bus operated by a common
2198 carrier in the urban transportation of school children. The term
2199 “school” includes all preelementary, elementary, secondary, and
2200 postsecondary schools.
2201 (48)(38) “State” means a state or possession of the United
2202 States, and, for the purposes of this chapter, includes the
2203 District of Columbia.
2204 (49)(39) “Street or highway” means the entire width between
2205 the boundary lines of a way or place if any part of that way or
2206 place is open to public use for purposes of vehicular traffic.
2207 (50)(40) “Suspension” means the temporary withdrawal of a
2208 licensee’s privilege to drive a motor vehicle.
2209 (51)(41) “Tank vehicle” means a vehicle that is designed to
2210 transport any liquid or gaseous material within a tank either
2211 permanently or temporarily attached to the vehicle, if such tank
2212 has a designed capacity of 1,000 gallons or more.
2213 (52)(42) “United States” means the 50 states and the
2214 District of Columbia.
2215 (53)(43) “Vehicle” means every device in, upon, or by which
2216 any person or property is or may be transported or drawn upon a
2217 public highway or operated upon rails or guideway, except a
2218 bicycle, motorized wheelchair, or motorized bicycle.
2219 (54)(44) “Identification card” means a personal
2220 identification card issued by the department which conforms to
2221 the definition in 18 U.S.C. s. 1028(d).
2222 (55)(45) “Temporary driver license” or “temporary
2223 identification card” means a certificate issued by the
2224 department which, subject to all other requirements of law,
2225 authorizes an individual to drive a motor vehicle and denotes an
2226 operator’s license, as defined in 49 U.S.C. s. 30301, or a
2227 personal identification card issued by the department which
2228 conforms to the definition in 18 U.S.C. s. 1028(d) and denotes
2229 that the holder is permitted to stay for a short duration of
2230 time, as specified on the temporary identification card, and is
2231 not a permanent resident of the United States.
2232 (56)(46) “Tri-vehicle” means an enclosed three-wheeled
2233 passenger vehicle that:
2234 (a) Is designed to operate with three wheels in contact
2235 with the ground;
2236 (b) Has a minimum unladen weight of 900 pounds;
2237 (c) Has a single, completely enclosed, occupant
2238 compartment;
2239 (d) Is produced in a minimum quantity of 300 in any
2240 calendar year;
2241 (e) Is capable of a speed greater than 60 miles per hour on
2242 level ground; and
2243 (f) Is equipped with:
2244 1. Seats that are certified by the vehicle manufacturer to
2245 meet the requirements of Federal Motor Vehicle Safety Standard
2246 No. 207, “Seating systems” (49 C.F.R. s. 571.207);
2247 2. A steering wheel used to maneuver the vehicle;
2248 3. A propulsion unit located forward or aft of the enclosed
2249 occupant compartment;
2250 4. A seat belt for each vehicle occupant certified to meet
2251 the requirements of Federal Motor Vehicle Safety Standard No.
2252 209, “Seat belt assemblies” (49 C.F.R. s. 571.209);
2253 5. A windshield and an appropriate windshield wiper and
2254 washer system that are certified by the vehicle manufacturer to
2255 meet the requirements of Federal Motor Vehicle Safety Standard
2256 No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal
2257 Motor Vehicle Safety Standard No. 104, “Windshield Wiping and
2258 Washing Systems” (49 C.F.R. s. 571.104); and
2259 6. A vehicle structure certified by the vehicle
2260 manufacturer to meet the requirements of Federal Motor Vehicle
2261 Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R.
2262 s. 571.216).
2263 Section 39. Section 322.032, Florida Statutes, is amended
2264 to read:
2265 322.032 Electronic credential Digital proof of driver
2266 license.—
2267 (1)(a) The department shall develop and implement begin to
2268 review and prepare for the development of a secure and uniform
2269 protocols which comply with national standards system for
2270 issuing an optional electronic credential. The department shall
2271 procure the related technology solution from the credential
2272 service provider that uses a revenue sharing model through a
2273 competitive solicitation process pursuant to s. 287.057 digital
2274 proof of driver license. The department may issue electronic
2275 credentials to persons who hold a Florida driver license or
2276 identification card.
2277 (b) Qualified entities must have the technological
2278 capabilities necessary to integrate with the credential service
2279 provider. The department shall maintain the protocols and
2280 national standards necessary for a digital verifier or an
2281 electronic credential provider to request authorized access to
2282 an application programming interface, or appropriate
2283 technological tool of at least the same capabilities, necessary
2284 for such qualified entity to consume an electronic ID. The
2285 department shall timely review requests for authorized access
2286 and approve all requests by digital verifiers that meet the
2287 department’s requirements.
2288 (c) The electronic credential provider must have the
2289 necessary technological capabilities to execute the
2290 authentication of an electronic credential across all states,
2291 jurisdictions, federal and state agencies, and municipalities.
2292 The electronic credential and verification solution must provide
2293 the standardized system integration necessary:
2294 1. For qualified entities to securely consume an electronic
2295 credential.
2296 2. For the production of a fully compliant electronic
2297 credential by electronic credential providers.
2298 3. To successfully ensure secure authentication and
2299 validation of data from disparate sources.
2300 (d) The department shall competitively procure at least two
2301 but no more than five contract with one or more electronic
2302 credential providers private entities to develop and implement
2303 an initial phase to provide a secure electronic credential a
2304 digital proof of driver license system. The department shall
2305 enter into agreements with electronic credential providers that
2306 provide the permitted uses, terms and conditions, privacy
2307 policy, and uniform remittance terms relating to the consumption
2308 of an electronic credential. The department must competitively
2309 procure the credential service provider before the initial phase
2310 may begin. Upon completion of the initial phase, the department
2311 shall submit a report to the Governor, the President of the
2312 Senate, and the Speaker of the House of Representatives
2313 regarding the continued implementation and tools necessary to
2314 scale future phases.
2315 (2)(a) The department shall provide electronic credential
2316 providers access to a standardized digital transaction process
2317 that provides the proceeds of a completed financial transaction
2318 to the department at the point of sale. The standardized digital
2319 transaction process must enable electronic credential providers
2320 to direct through their electronic commerce workflow to a
2321 standardized checkout process and enable documentation of the
2322 electronic credential providers participating in a transaction.
2323 Revenue generated from use of the electronic credential system
2324 shall be deposited into the Motor Vehicle License Clearing Trust
2325 Fund for distribution pursuant to a legislative appropriation
2326 and department agreements with electronic credential providers.
2327 Electronic credential revenue shall be shared between the state
2328 and electronic credential providers.
2329 (b) The department may assess a competitive market rate fee
2330 structure for use of the credential service provider for any
2331 qualified entity to obtain an electronic ID. Revenue generated
2332 from use of the credential service provider by digital identity
2333 verifiers shall be shared between the state and the credential
2334 service provider. Revenues shall be deposited into the Motor
2335 Vehicle License Clearing Trust Fund for distribution pursuant to
2336 department agreements with digital identity verifiers. Fees may
2337 not be charged to any state court, state governmental entity, or
2338 law enforcement agency.
2339 (3)(a)(2) The electronic credential digital proof of driver
2340 license developed by the department or by an electronic
2341 credential provider an entity contracted by the department must
2342 be in such a format as to allow law enforcement or an authorized
2343 consumer to verify the authenticity of the electronic credential
2344 and the identity of the credential holder and to validate the
2345 status of any driving privileges associated with the electronic
2346 credential digital proof of driver license. The department shall
2347 adhere to protocols and national standards may adopt rules to
2348 ensure valid authentication of electronic credentials digital
2349 driver licenses by law enforcement.
2350 (b) The act of presenting to a law enforcement officer an
2351 electronic device displaying an electronic credential does not
2352 constitute consent for the officer to access any information on
2353 the device other than the electronic credential.
2354 (c) The person who presents the device to the officer
2355 assumes liability for any resulting damage to the device.
2356 (4)(3) A person may not be issued an electronic credential
2357 a digital proof of driver license until he or she has satisfied
2358 all of the requirements of this chapter for issuance of a
2359 physical driver license or identification card as provided in
2360 this chapter.
2361 (5)(4) A person who:
2362 (a) Manufactures a false electronic credential digital
2363 proof of driver license commits a felony of the third degree,
2364 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2365 (b) Possesses a false electronic credential digital proof
2366 of driver license commits a misdemeanor of the second degree,
2367 punishable as provided in s. 775.082.
2368 Section 40. Section 322.059, Florida Statutes, is amended
2369 to read:
2370 322.059 Mandatory surrender of suspended driver license and
2371 registration.—A person whose driver license or registration has
2372 been suspended as provided in s. 322.058 must immediately return
2373 his or her driver license and registration to the Department of
2374 Highway Safety and Motor Vehicles. The department shall
2375 invalidate the electronic credential digital proof of driver
2376 license issued pursuant to s. 322.032 for such person. If such
2377 person fails to return his or her driver license or
2378 registration, a law enforcement agent may seize the license or
2379 registration while the driver license or registration is
2380 suspended.
2381 Section 41. Subsection (4) of section 322.09, Florida
2382 Statutes, is amended to read:
2383 322.09 Application of minors; responsibility for negligence
2384 or misconduct of minor.—
2385 (4) Notwithstanding subsections (1) and (2), if a foster
2386 parent or caregiver of a minor who is under the age of 18 years
2387 and is in foster care as defined in s. 39.01, an authorized
2388 representative of a residential group home at which such a minor
2389 resides, the caseworker at the agency at which the state has
2390 placed the minor, or a guardian ad litem specifically authorized
2391 by the minor’s caregiver to sign for a learner’s driver license
2392 signs the minor’s application for a learner’s driver license,
2393 that foster parent, caregiver, group home representative,
2394 caseworker, or guardian ad litem does not assume any obligation
2395 or become liable for any damages caused by the negligence or
2396 willful misconduct of the minor by reason of having signed the
2397 application. Before signing the application, the caseworker
2398 shall notify the foster parent, caregiver, or other responsible
2399 party of his or her intent to sign and verify the application.
2400 Section 42. Paragraph (c) of subsection (1) of section
2401 322.143, Florida Statutes, is amended to read:
2402 322.143 Use of a driver license or identification card.—
2403 (1) As used in this section, the term:
2404 (c) “Swipe” means the act of passing a driver license or
2405 identification card through a device that is capable of
2406 deciphering, in an electronically readable format, the
2407 information electronically encoded in a magnetic strip or bar
2408 code on the driver license or identification card or consuming
2409 an electronic credential.
2410 Section 43. Subsection (1) of section 322.15, Florida
2411 Statutes, is amended to read:
2412 322.15 License to be carried and exhibited on demand;
2413 fingerprint to be imprinted upon a citation.—
2414 (1) Every licensee shall have his or her driver license,
2415 which must be fully legible with no portion of such license
2416 faded, altered, mutilated, or defaced, in his or her immediate
2417 possession at all times when operating a motor vehicle and shall
2418 present or submit the same upon the demand of a law enforcement
2419 officer or an authorized representative of the department. A
2420 licensee may present or submit an electronic credential a
2421 digital proof of driver license as provided in s. 322.032 in
2422 lieu of a physical driver license.
2423 Section 44. Section 322.38, Florida Statutes, is amended to
2424 read:
2425 322.38 Renting motor vehicle to another.—
2426 (1) A No person may not shall rent a motor vehicle to any
2427 other person unless the other latter person is then duly
2428 licensed, or, if a nonresident, he or she shall be licensed
2429 under the laws of the state or country of his or her residence,
2430 except a nonresident whose home state or country does not
2431 require that an operator be licensed.
2432 (2) A No person may not shall rent a motor vehicle to
2433 another until he or she has inspected the driver license of the
2434 person to whom the vehicle is to be rented, and has compared and
2435 verified that the driver license is unexpired signature thereon
2436 with the signature of such person written in his or her
2437 presence.
2438 (3) Every person renting a motor vehicle to another shall
2439 keep a record of the registration number of the motor vehicle so
2440 rented, the name, and address, and driver license number of the
2441 person to whom the vehicle is rented, the number of the license
2442 of said latter person, and the date and place when and where the
2443 said license was issued. Such record shall be open to inspection
2444 by any police officer, or officer or employee of the department.
2445 (4) If a rental car company rents a motor vehicle to a
2446 person through digital, electronic, or other means that allows
2447 the renter to obtain possession of the motor vehicle without
2448 direct contact with an agent or employee of the rental car
2449 company, or if through use of such means the renter does not
2450 execute a rental contract at the time he or she takes possession
2451 of the vehicle, the rental car company is deemed to have met the
2452 requirements of subsections (1) and (2) when the rental car
2453 company requires the renter to verify that he or she is duly
2454 licensed and that the license is unexpired. Such verification
2455 may occur at the time the renter enrolls in a membership
2456 program, master agreement, or other means of establishing use of
2457 the rental car company’s services or at any time thereafter.
2458 Section 45. Subsection (4) of section 322.61, Florida
2459 Statutes, is amended to read:
2460 322.61 Disqualification from operating a commercial motor
2461 vehicle.—
2462 (4) Any person who is transporting hazardous materials as
2463 defined in s. 322.01(33) s. 322.01(24) shall, upon conviction of
2464 an offense specified in subsection (3), be disqualified from
2465 operating a commercial motor vehicle for a period of 3 years.
2466 The penalty provided in this subsection shall be in addition to
2467 any other applicable penalty.
2468 Section 46. Subsection (1) of section 324.021, Florida
2469 Statutes, is amended to read:
2470 324.021 Definitions; minimum insurance required.—The
2471 following words and phrases when used in this chapter shall, for
2472 the purpose of this chapter, have the meanings respectively
2473 ascribed to them in this section, except in those instances
2474 where the context clearly indicates a different meaning:
2475 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
2476 designed and required to be licensed for use upon a highway,
2477 including trailers and semitrailers designed for use with such
2478 vehicles, except traction engines, road rollers, farm tractors,
2479 power shovels, and well drillers, and every vehicle that is
2480 propelled by electric power obtained from overhead wires but not
2481 operated upon rails, but not including any personal delivery
2482 device or mobile carrier as defined in s. 316.003, bicycle, or
2483 moped. However, the term “motor vehicle” does not include a
2484 motor vehicle as defined in s. 627.732(3) when the owner of such
2485 vehicle has complied with the requirements of ss. 627.730
2486 627.7405, inclusive, unless the provisions of s. 324.051 apply;
2487 and, in such case, the applicable proof of insurance provisions
2488 of s. 320.02 apply.
2489 Section 47. Section 324.031, Florida Statutes, is amended
2490 to read:
2491 324.031 Manner of proving financial responsibility.—The
2492 owner or operator of a taxicab, limousine, jitney, or any other
2493 for-hire passenger transportation vehicle may prove financial
2494 responsibility by providing satisfactory evidence of holding a
2495 motor vehicle liability policy as defined in s. 324.021(8) or s.
2496 324.151, which policy is provided by an insurer authorized to do
2497 business in this state issued by an insurance carrier which is a
2498 member of the Florida Insurance Guaranty Association or an
2499 eligible nonadmitted insurer that has a superior, excellent,
2500 exceptional, or equivalent financial strength rating by a rating
2501 agency acceptable to the Office of Insurance Regulation of the
2502 Financial Services Commission. The operator or owner of any
2503 other vehicle may prove his or her financial responsibility by:
2504 (1) Furnishing satisfactory evidence of holding a motor
2505 vehicle liability policy as defined in ss. 324.021(8) and
2506 324.151;
2507 (2) Furnishing a certificate of self-insurance showing a
2508 deposit of cash in accordance with s. 324.161; or
2509 (3) Furnishing a certificate of self-insurance issued by
2510 the department in accordance with s. 324.171.
2511
2512 Any person, including any firm, partnership, association,
2513 corporation, or other person, other than a natural person,
2514 electing to use the method of proof specified in subsection (2)
2515 shall furnish a certificate of deposit equal to the number of
2516 vehicles owned times $30,000, to a maximum of $120,000; in
2517 addition, any such person, other than a natural person, shall
2518 maintain insurance providing coverage in excess of limits of
2519 $10,000/20,000/10,000 or $30,000 combined single limits, and
2520 such excess insurance shall provide minimum limits of
2521 $125,000/250,000/50,000 or $300,000 combined single limits.
2522 These increased limits shall not affect the requirements for
2523 proving financial responsibility under s. 324.032(1).
2524 Section 48. Subsection (2) of section 324.032, Florida
2525 Statutes, is amended to read:
2526 324.032 Manner of proving financial responsibility; for
2527 hire passenger transportation vehicles.—Notwithstanding the
2528 provisions of s. 324.031:
2529 (2) An owner or a lessee who is required to maintain
2530 insurance under s. 324.021(9)(b) and who operates at least 150
2531 300 taxicabs, limousines, jitneys, or any other for-hire
2532 passenger transportation vehicles may provide financial
2533 responsibility by complying with the provisions of s. 324.171,
2534 such compliance to be demonstrated by maintaining at its
2535 principal place of business an audited financial statement,
2536 prepared in accordance with generally accepted accounting
2537 principles, and providing to the department a certification
2538 issued by a certified public accountant that the applicant’s net
2539 worth is at least equal to the requirements of s. 324.171 as
2540 determined by the Office of Insurance Regulation of the
2541 Financial Services Commission, including claims liabilities in
2542 an amount certified as adequate by a Fellow of the Casualty
2543 Actuarial Society.
2544
2545 Upon request by the department, the applicant must provide the
2546 department at the applicant’s principal place of business in
2547 this state access to the applicant’s underlying financial
2548 information and financial statements that provide the basis of
2549 the certified public accountant’s certification. The applicant
2550 shall reimburse the requesting department for all reasonable
2551 costs incurred by it in reviewing the supporting information.
2552 The maximum amount of self-insurance permissible under this
2553 subsection is $300,000 and must be stated on a per-occurrence
2554 basis, and the applicant shall maintain adequate excess
2555 insurance issued by an authorized or eligible insurer licensed
2556 or approved by the Office of Insurance Regulation. All risks
2557 self-insured shall remain with the owner or lessee providing it,
2558 and the risks are not transferable to any other person, unless a
2559 policy complying with subsection (1) is obtained.
2560 Section 49. Subsection (3) and paragraph (b) of subsection
2561 (4) of section 339.175, Florida Statutes, are amended to read:
2562 339.175 Metropolitan planning organization.—
2563 (3) VOTING MEMBERSHIP.—
2564 (a)1. Except as provided in subparagraph 2., the voting
2565 membership of an M.P.O. shall consist of at least 5 but not more
2566 than 25 apportioned members, with the exact number determined on
2567 an equitable geographic-population ratio basis, based on an
2568 agreement among the affected units of general-purpose local
2569 government and the Governor, as required by federal regulations.
2570 In accordance with 23 U.S.C. s. 134, the Governor may also allow
2571 M.P.O. members who represent municipalities to alternate with
2572 representatives from other municipalities within the
2573 metropolitan planning area which do not have members on the
2574 M.P.O. With the exception of instances in which all of the
2575 county commissioners in a single-county M.P.O. are members of
2576 the M.P.O. governing board, county commissioners shall compose
2577 at least one-third of the M.P.O. governing board membership. A
2578 multicounty M.P.O. may satisfy this requirement by any
2579 combination of county commissioners from each of the counties
2580 constituting the M.P.O. Voting members shall be elected
2581 officials of general-purpose local governments, one of whom may
2582 represent a group of general-purpose local governments through
2583 an entity created by an M.P.O. for that purpose. An M.P.O. may
2584 include, as part of its apportioned voting members, a member of
2585 a statutorily authorized planning board, an official of an
2586 agency that operates or administers a major mode of
2587 transportation, or an official of Space Florida. As used in this
2588 section, the term “elected officials of a general-purpose local
2589 government” excludes constitutional officers, including
2590 sheriffs, tax collectors, supervisors of elections, property
2591 appraisers, clerks of the court, and similar types of officials.
2592 County commissioners shall compose not less than 20 percent of
2593 the M.P.O. membership if an official of an agency that operates
2594 or administers a major mode of transportation has been appointed
2595 to an M.P.O.
2596 2. For an M.P.O. designated on or after July 1, 2018, as a
2597 result of a combination or merger of more than one individual
2598 M.P.O., the voting membership shall consist of at least five
2599 members, with the exact number determined on an equitable
2600 geographic-population ratio basis, based on an agreement among
2601 the affected units of general-purpose local government and the
2602 Governor, as required by federal regulations. In accordance with
2603 23 U.S.C. s. 134, the Governor may also allow M.P.O. members who
2604 represent municipalities to alternate with representatives from
2605 other municipalities within the metropolitan planning area which
2606 do not have members on the M.P.O. Voting members shall be
2607 elected officials of general-purpose local governments, one of
2608 whom may represent a group of general-purpose local governments
2609 through an entity created by an M.P.O. for that purpose. An
2610 M.P.O. may include, as part of its apportioned voting members, a
2611 member of a statutorily authorized planning board, an official
2612 of an agency that operates or administers a major mode of
2613 transportation, or an official of Space Florida.
2614
2615 For purposes of this section, the term “elected officials of a
2616 general-purpose local government” excludes constitutional
2617 officers, including sheriffs, tax collectors, supervisors of
2618 elections, property appraisers, clerks of the court, and similar
2619 types of officials.
2620 (b) In metropolitan areas in which authorities or other
2621 agencies have been or may be created by law to perform
2622 transportation functions and are or will be performing
2623 transportation functions that are not under the jurisdiction of
2624 a general-purpose local government represented on the M.P.O.,
2625 such authorities or other agencies may be provided voting
2626 membership on the M.P.O. In all other M.P.O.’s in which
2627 transportation authorities or agencies are to be represented by
2628 elected officials from general-purpose local governments, the
2629 M.P.O. shall establish a process by which the collective
2630 interests of such authorities or other agencies are expressed
2631 and conveyed.
2632 (c) Any other provision of this section to the contrary
2633 notwithstanding, a charter chartered county with a population of
2634 over 1 million population may elect to reapportion the
2635 membership of an M.P.O. if the M.P.O. whose jurisdiction is
2636 wholly within the county. The charter county may exercise the
2637 provisions of this paragraph if:
2638 1. The M.P.O. approves the reapportionment plan by a three
2639 fourths vote of its membership;
2640 2. The M.P.O. and the charter county determine that the
2641 reapportionment plan is needed to fulfill specific goals and
2642 policies applicable to that metropolitan planning area; and
2643 3. The charter county determines the reapportionment plan
2644 otherwise complies with all federal requirements pertaining to
2645 M.P.O. membership.
2646
2647 A Any charter county that elects to exercise the provisions of
2648 this paragraph shall notify the Governor in writing.
2649 (d) Any other provision of this section to the contrary
2650 notwithstanding, a any county as defined in s. 125.011(1)
2651 chartered under s. 6(e), Art. VIII of the State Constitution may
2652 elect to have its county commission serve as the M.P.O., if the
2653 M.P.O. jurisdiction is wholly contained within the county. Any
2654 charter county that elects to exercise the provisions of this
2655 paragraph shall so notify the Governor in writing. Upon receipt
2656 of such notification, the Governor must designate the county
2657 commission as the M.P.O. The Governor must appoint four
2658 additional voting members to the M.P.O., one of whom must be an
2659 elected official representing a municipality within the county,
2660 one of whom must be an expressway authority member, one of whom
2661 must be a person who does not hold elected public office and who
2662 resides in the unincorporated portion of the county, and one of
2663 whom must be a school board member.
2664 (4) APPORTIONMENT.—
2665 (b) Except for members who represent municipalities on the
2666 basis of alternating with representatives from other
2667 municipalities that do not have members on the M.P.O. as
2668 provided in paragraph (3)(a), the members of an M.P.O. shall
2669 serve 4-year terms. Members who represent municipalities on the
2670 basis of alternating with representatives from other
2671 municipalities that do not have members on the M.P.O. as
2672 provided in paragraph (3)(a) may serve terms of up to 4 years as
2673 further provided in the interlocal agreement described in
2674 paragraph (2)(b). The membership of a member who is a public
2675 official automatically terminates upon the member’s leaving his
2676 or her elective or appointive office for any reason, or may be
2677 terminated by a majority vote of the total membership of the
2678 entity’s governing board represented by the member. A vacancy
2679 shall be filled by the original appointing entity. A member may
2680 be reappointed for no more than two one or more additional 4
2681 year terms.
2682 Section 50. Notwithstanding any other provision of law to
2683 the contrary, by July 1, 2019, each metropolitan planning
2684 organization shall update its membership, interlocal agreement,
2685 governing documents, and any other relevant information to
2686 comply with changes made by this act to s. 339.175, Florida
2687 Statutes.
2688 Section 51. Section 328.80, Florida Statutes, is amended to
2689 read:
2690 328.80 Transactions by electronic or telephonic means.—
2691 (1) The Department of Highway Safety and Motor Vehicles may
2692 commission is authorized to accept any application provided for
2693 under this chapter by electronic or telephonic means.
2694 (2) The Department of Highway Safety and Motor Vehicles may
2695 issue an electronic certificate of registration in addition to
2696 printing a paper registration.
2697 (3) The Department of Highway Safety and Motor Vehicles may
2698 collect electronic mail addresses and use electronic mail in
2699 lieu of the United States Postal Service for the purpose of
2700 providing renewal notices.
2701 Section 52. Subsection (4) of section 328.48, Florida
2702 Statutes, is amended to read:
2703 328.48 Vessel registration, application, certificate,
2704 number, decal, duplicate certificate.—
2705 (4) Each certificate of registration issued shall state
2706 among other items the numbers awarded to the vessel, the hull
2707 identification number, the name and address of the owner, and a
2708 description of the vessel, except that certificates of
2709 registration for vessels constructed or assembled by the owner
2710 registered for the first time shall state all the foregoing
2711 information except the hull identification number. The numbers
2712 shall be placed on each side of the forward half of the vessel
2713 in such position as to provide clear legibility for
2714 identification, except, if the vessel is an airboat, the numbers
2715 may be placed on each side of the rudder. The numbers awarded to
2716 the vessel shall read from left to right and shall be in block
2717 characters of good proportion not less than 3 inches in height.
2718 The numbers shall be of a solid color which will contrast with
2719 the color of the background and shall be so maintained as to be
2720 clearly visible and legible; i.e., dark numbers on a light
2721 background or light numbers on a dark background. The
2722 certificate of registration shall be pocket-sized and shall be
2723 available for inspection on the vessel for which issued whenever
2724 such vessel is in operation. If the certificate of registration
2725 is not available for inspection on the vessel or is damaged or
2726 otherwise illegible, the operator may present for inspection an
2727 electronic device displaying an electronic certificate issued
2728 pursuant to s. 328.80. Such presentation does not constitute
2729 consent for inspection of any information on the device other
2730 than the displayed certificate. The person who presents the
2731 device for inspection assumes the liability for any resulting
2732 damage to the device.
2733 Section 53. Subsection (5) of section 338.166, Florida
2734 Statutes, is amended to read:
2735 338.166 High-occupancy toll lanes or express lanes.—
2736 (5) Effective July 1, 2018, If the a customer’s average
2737 travel speed for a segment of trip in an express lane falls
2738 below 40 miles per hour, the toll customer must be charged shall
2739 be the segment’s the minimum express lane toll. An express lane
2740 segment is the distance between the customer’s point of entry to
2741 the first available exit. Additional segments are defined by the
2742 distance between subsequent exits. A customer’s express lane
2743 average travel speed is his or her average travel speed from the
2744 customer’s entry point to the customer’s exit point.
2745 Section 54. Paragraphs (d) and (e) of subsection (1) of
2746 section 338.2216, Florida Statutes, are amended to read:
2747 338.2216 Florida Turnpike Enterprise; powers and
2748 authority.—
2749 (1)
2750 (d) The Florida Turnpike Enterprise shall pursue and
2751 implement new technologies and processes in its operations and
2752 collection of tolls and the collection of other amounts
2753 associated with road and infrastructure usage. Such technologies
2754 and processes must include, without limitation, video billing
2755 and variable pricing. The Florida Turnpike Enterprise may
2756 require the use of an electronic transponder interoperable with
2757 the department’s electronic toll collection system for the use
2758 of express lanes on the turnpike system. Variable pricing may
2759 not be implemented in express lanes when the level of service in
2760 the express lane, determined in accordance with the criteria
2761 established by the Transportation Research Board Highway
2762 Capacity Manual (5th Edition, HCM 2010), as amended from time to
2763 time, is equal to level of service A. Variable pricing in
2764 express lanes when the level of service in the express lane is
2765 level of service B may only be implemented by charging the
2766 segment’s general toll lane toll amount plus the segment’s
2767 minimum toll amount an amount set by department rule. An express
2768 lane segment is the distance between the customer’s point of
2769 entry to the first available exit. Additional segments are
2770 defined by the distance between subsequent exits. Except as
2771 otherwise provided in this subsection, pricing in express lanes
2772 when the level of service is other than level of service A or
2773 level of service B may vary in the manner established by the
2774 Florida Turnpike Enterprise to manage congestion in the express
2775 lanes.
2776 (e) Effective July 1, 2018, if a customer’s average travel
2777 speed for a trip in an express lane falls below 40 miles per
2778 hour, the customer must be charged the general toll lane toll
2779 amount plus an amount set by department rule. A customer’s
2780 express lane average travel speed is his or her average travel
2781 speed from the customer’s entry point to the customer’s exit
2782 point.
2783 Section 55. Section 334.352, Florida Statutes, is created
2784 to read:
2785 334.352 State university ingress and egress.—A local
2786 governmental entity may not prevent public motor vehicle use on
2787 or access to an existing transportation facility or
2788 transportation corridor as defined in s. 334.03 if that
2789 transportation facility or transportation corridor is the only
2790 point, or one of only two points, of ingress to and egress from
2791 a state university as defined in s. 1000.21. This section does
2792 not apply when a law enforcement agency prevents use or access
2793 to a facility or corridor in an emergency situation or to a
2794 temporary closure of a facility or corridor, if necessary, for
2795 road maintenance or repair.
2796 Section 56. Subsection (2) of section 338.222, Florida
2797 Statutes, is amended to read:
2798 338.222 Department of Transportation sole governmental
2799 entity to acquire, construct, or operate turnpike projects;
2800 exception.—
2801 (2) The department may, but is not required to, contract
2802 with any local governmental entity as defined in s. 334.03(13)
2803 for the design, right-of-way acquisition, transfer, purchase,
2804 sale, acquisition, or other conveyance of the ownership,
2805 operation, maintenance, or construction of any turnpike project
2806 which the Legislature has approved. Local governmental entities
2807 may negotiate and contract with the department for the design,
2808 right-of-way acquisition, transfer, purchase, sale, acquisition,
2809 or other conveyance of the ownership, operation, maintenance, or
2810 and construction of any section of the turnpike project within
2811 areas of their respective jurisdictions or within counties with
2812 which they have interlocal agreements. Any contract for the
2813 transfer, purchase, sale, acquisition, or other conveyance of
2814 the ownership, operation, or maintenance of a turnpike project
2815 or any part of the turnpike system to a local governmental
2816 entity must be specifically approved by the Legislature.
2817 Section 57. Subsection (1) of section 655.960, Florida
2818 Statutes, is amended to read:
2819 655.960 Definitions; ss. 655.960-655.965.—As used in this
2820 section and ss. 655.961-655.965, unless the context otherwise
2821 requires:
2822 (1) “Access area” means any paved walkway or sidewalk which
2823 is within 50 feet of any automated teller machine. The term does
2824 not include any street or highway open to the use of the public,
2825 as defined in s. 316.003(81)(a) s. 316.003(79)(a) or (b),
2826 including any adjacent sidewalk, as defined in s. 316.003.
2827 Section 58. Paragraph (a) of subsection (2) of section
2828 812.014, Florida Statutes, is amended to read:
2829 812.014 Theft.—
2830 (2)(a)1. If the property stolen is valued at $100,000 or
2831 more or is a semitrailer that was deployed by a law enforcement
2832 officer; or
2833 2. If the property stolen is cargo valued at $50,000 or
2834 more that has entered the stream of interstate or intrastate
2835 commerce from the shipper’s loading platform to the consignee’s
2836 receiving dock; or
2837 3. If the offender commits any grand theft and:
2838 a. In the course of committing the offense the offender
2839 uses a motor vehicle as an instrumentality, other than merely as
2840 a getaway vehicle, to assist in committing the offense and
2841 thereby damages the real property of another; or
2842 b. In the course of committing the offense the offender
2843 causes damage to the real or personal property of another in
2844 excess of $1,000; or
2845 4. If the property stolen is cargo and in the course of
2846 committing the offense the offender uses any type of device to
2847 defeat, block, disable, jam, or interfere with a global
2848 positioning system or similar system designed to identify the
2849 location of the cargo or the vehicle or trailer carrying the
2850 cargo,
2851
2852 the offender commits grand theft in the first degree, punishable
2853 as a felony of the first degree, as provided in s. 775.082, s.
2854 775.083, or s. 775.084.
2855 Section 59. The Department of Highway Safety and Motor
2856 Vehicles, in cooperation with the Florida Tax Collectors
2857 Association, shall undertake a review of the registration
2858 renewal period for heavy trucks weighing more than 5,000 pounds
2859 and less than 8,000 pounds. The department shall submit a report
2860 documenting the findings and recommendations of the review to
2861 the Governor, the President of the Senate, and the Speaker of
2862 the House of Representatives by December 31, 2018. As part of
2863 the review, the department shall include:
2864 (1) Options to allow owners of applicable heavy trucks to
2865 renew their registrations on their birth dates instead of
2866 December 31 of each year.
2867 (2) A plan for implementation of the revised renewal
2868 period, including the proration of registration renewal fees.
2869 (3) The estimated fiscal impact to state and local
2870 government associated with changes in the renewal period for
2871 applicable heavy trucks.
2872 (4) A plan to educate the motoring public about changes in
2873 the renewal period for applicable heavy trucks.
2874 Section 60. Florida Transportation Commission review;
2875 electric and hybrid vehicles report.—
2876 (1)(a) The Florida Transportation Commission shall review
2877 all sources of revenue for transportation infrastructure and
2878 maintenance projects and prepare a report to the Governor and
2879 the Legislature when the commission determines that electric
2880 vehicles, as defined in s. 320.01(36), Florida Statutes, and
2881 hybrid vehicles, as defined in s. 316.0741, Florida Statutes,
2882 make up 2 percent or more of the total number of vehicles
2883 registered in this state.
2884 (b) The commission, in consultation with the Department of
2885 Highway Safety and Motor Vehicles, may use commercially
2886 available data that the commission deems reliable to support its
2887 determination and report. The report must, at a minimum, assess
2888 the effect of projected electric and hybrid vehicle use in this
2889 state on future revenue from existing taxes, fees, and
2890 surcharges related to nonelectric, private-use motorcycles,
2891 mopeds, automobiles, tri-vehicles, and trucks.
2892 (c) The commission, in consultation with the Division of
2893 Emergency Management, shall also make an assessment of
2894 transportation infrastructure with respect to emergency
2895 evacuations and electric vehicles, including, but not limited
2896 to, the availability of electric vehicle charging stations in
2897 this state.
2898 (2) The report must include recommendations to the
2899 Legislature:
2900 (a) To ensure continued funding for necessary maintenance
2901 that provides for adequate levels of service on existing
2902 transportation infrastructure;
2903 (b) To accomplish improvements and capacity projects on
2904 transportation infrastructure which meet the demand from
2905 projected population and economic growth; and
2906 (c) To accomplish necessary improvements to transportation
2907 infrastructure that would support emergency evacuations by users
2908 of electric vehicles.
2909 (3) The report shall be submitted to the Governor and the
2910 Legislature no later than September 1 of the year immediately
2911 after the year in which the commission determines that electric
2912 vehicles, as defined in s. 320.01(36), Florida Statutes, and
2913 hybrid vehicles, as defined in s. 316.0741, Florida Statutes,
2914 make up 2 percent or more of the total number of vehicles
2915 registered in this state.
2916 (4) Notwithstanding any other provisions of this section,
2917 the commission may undertake and complete the review and report
2918 before the 2-percent threshold is reached if the commission
2919 finds that earlier completion is appropriate to maintain a
2920 financially stable, long-term transportation work program.
2921 Section 61. Except as otherwise expressly provided in this
2922 act, this act shall take effect October 1, 2018.
2923
2924 ================= T I T L E A M E N D M E N T ================
2925 And the title is amended as follows:
2926 Delete everything before the enacting clause
2927 and insert:
2928 A bill to be entitled
2929 An act relating to transportation; amending s. 20.23,
2930 F.S.; requiring the Department of Transportation to
2931 consist of a central office that establishes policies
2932 and procedures and districts that carry out projects
2933 as authorized or required under the policies and
2934 procedures of the central office; requiring the
2935 secretary to be a registered professional engineer,
2936 hold an advanced degree in an appropriate related
2937 discipline, or have a specified number of years of
2938 relevant experience; amending s. 316.003, F.S.;
2939 revising and providing definitions; amending s.
2940 316.008, F.S.; authorizing a mobile carrier to be
2941 operated on sidewalks and crosswalks within a county
2942 or municipality when such use is permissible under
2943 federal law; providing construction; amending s.
2944 316.0895, F.S.; prohibiting the driver of a vehicle
2945 from following another vehicle more closely than is
2946 reasonable and prudent; providing construction;
2947 deleting a provision relating to prohibitions on
2948 certain vehicles following other vehicles within a
2949 specified distance; amending s. 316.0896, F.S.;
2950 authorizing the Department of Transportation, in
2951 consultation with the Department of Highway Safety and
2952 Motor Vehicles, to conduct an ongoing pilot project to
2953 test the use and safe operation of vehicles equipped
2954 with driver-assistive truck platooning technology upon
2955 the conclusion of a certain study; authorizing the
2956 Department of Transportation to conduct the pilot
2957 project in such a manner and at such locations as
2958 determined by the department based on any initial
2959 findings and recommendations resulting from the pilot
2960 program; requiring, before the start of the pilot
2961 project, manufacturers of driver-assistive truck
2962 platooning technology being commercially operated in
2963 the pilot project to submit to the Department of
2964 Highway Safety and Motor Vehicles an instrument of
2965 insurance, a surety bond, or proof of self-insurance
2966 acceptable to the department in a specified amount;
2967 requiring, after the initial phase of the pilot
2968 project, the Department of Transportation, in
2969 consultation with the Department of Highway Safety and
2970 Motor Vehicles, to submit a preliminary report by a
2971 specified date to the Governor and Legislature;
2972 requiring the Department of Transportation to continue
2973 the pilot program for a specified period, subject to
2974 certain requirements; requiring the Department of
2975 Transportation, in consultation with the Department of
2976 Highway Safety and Motor Vehicles, to submit a final
2977 report by a specified date, which describes the
2978 results of the study and any final findings or
2979 recommendations, to the Governor and Legislature;
2980 amending s. 316.2071, F.S.; authorizing a mobile
2981 carrier to operate on sidewalks and crosswalks;
2982 providing rights, duties, and requirements; amending
2983 s. 316.235, F.S.; authorizing a motor vehicle to be
2984 equipped with certain lamps or devices under certain
2985 circumstances; amending ss. 316.224 and 316.2397,
2986 F.S.; conforming cross-references; amending s.
2987 316.2397, F.S.; authorizing certain vehicles to
2988 display red and white lights; amending s. 316.2398,
2989 F.S.; authorizing certain vehicles to display red and
2990 white warning signals under certain circumstances;
2991 providing requirements and penalties; amending s.
2992 316.302, F.S.; revising regulations to which owners
2993 and drivers of commercial motor vehicles are subject;
2994 delaying the requirement for electronic logging
2995 devices and support documents for certain intrastate
2996 motor carriers; deleting a limitation on a civil
2997 penalty for falsification of certain time records;
2998 deleting a requirement that a motor carrier maintain
2999 certain documentation of driving times; providing an
3000 exemption from specified provisions for a person who
3001 operates a commercial motor vehicle with a certain
3002 gross vehicle weight, gross vehicle weight rating, and
3003 gross combined weight rating; deleting the exemption
3004 from such provisions for a person transporting
3005 petroleum products; amending s. 316.303, F.S.;
3006 exempting an operator in a platoon from the
3007 prohibition against active display of television or
3008 video; amending s. 316.515, F.S.; revising length and
3009 load extension limitations for stinger-steered
3010 automobile transporters; authorizing automobile
3011 transporters to backhaul certain cargo or freight
3012 under certain circumstances; authorizing an unladen
3013 power unit to tow a certain combination of trailers or
3014 semitrailers under certain circumstances; amending s.
3015 316.85, F.S.; authorizing the Florida Turnpike
3016 Enterprise and certain authorities to fund, construct,
3017 and operate facilities for the advancement of
3018 autonomous and connected innovative transportation
3019 technology solutions for certain purposes; amending s.
3020 316.87, F.S.; authorizing Medicaid nonemergency
3021 transportation services to be provided to a Medicaid
3022 beneficiary by certain transportation network
3023 companies or transportation brokers; requiring the
3024 Agency for Health Care Administration to update the
3025 Non-Emergency Transportation Services Coverage Policy
3026 by a specified date; providing that the requirements
3027 for transportation network companies and
3028 transportation network company drivers may not exceed
3029 specified requirements, except as necessary to conform
3030 to federal Medicaid transportation requirements
3031 administered by the agency; providing construction;
3032 amending s. 318.14, F.S.; revising the number of times
3033 certain persons may elect to attend a basic driver
3034 improvement course; amending s. 319.141, F.S.;
3035 revising the definition of the term “rebuilt
3036 inspection services”; deleting obsolete language;
3037 requiring the Department of Highway Safety and Motor
3038 Vehicles to ensure that an applicant of the pilot
3039 rebuilt motor vehicle inspection program meets certain
3040 criteria before the applicant is approved or renewed;
3041 requiring the operator of a facility to annually make
3042 certain attestations; prohibiting a program
3043 participant from conducting an inspection of a vehicle
3044 rebuilt before its purchase by the current applicant;
3045 requiring that such vehicles be inspected by the
3046 department; requiring any applicant that fails an
3047 initial rebuilt inspection to have that vehicle
3048 reinspected only by the department or the facility
3049 that conducted the original inspection; prohibiting
3050 any person or business authorized by the department to
3051 train, certify, or recertify operators and inspectors
3052 of private rebuilt motor vehicle inspection facilities
3053 from certifying or recertifying itself or any of its
3054 employees; requiring the department to conduct an
3055 onsite facility inspection at least twice a year;
3056 requiring a current operator to give the department
3057 certain notice of a transfer before any transfer of a
3058 rebuilt inspection facility; requiring a transferee to
3059 meet certain eligibility requirements and execute a
3060 new memorandum of understanding with the department
3061 before operating the facility; revising the date of
3062 repeal; requiring the department to submit a written
3063 report to the Governor and Legislature; amending s.
3064 320.01, F.S.; revising definitions; amending s.
3065 320.02, F.S.; requiring the application form for motor
3066 vehicle registration and renewal of registration to
3067 include an option to make a voluntary contribution to
3068 the Alzheimer’s Association, Inc.; exempting a mobile
3069 carrier from certain registration and insurance
3070 requirements; amending s. 320.06, F.S.; providing for
3071 future repeal of issuance of a certain annual license
3072 plate and cab card to a vehicle that has an
3073 apportioned registration; revising information
3074 required to appear on the cab card; providing
3075 requirements for license plates, cab cards, and
3076 validation stickers for vehicles registered in
3077 accordance with the International Registration Plan;
3078 authorizing a damaged or worn license plate to be
3079 replaced at no charge under certain circumstances;
3080 providing an exception to the design of dealer license
3081 plates; amending s. 320.0605, F.S.; requiring that a
3082 certain electronic copy of a registration certificate
3083 and an electronic copy of rental or lease
3084 documentation issued for a motor vehicle or issued for
3085 a replacement vehicle in the same registration period
3086 be in the possession of the operator or be carried in
3087 the vehicle for which it is issued and be exhibited
3088 upon demand of any authorized law enforcement officer
3089 or any agent of the department; specifying that the
3090 act of presenting to a law enforcement officer or
3091 agent of the department an electronic device
3092 displaying an electronic copy of a registration
3093 certificate or rental or lease documentation does not
3094 constitute consent for the officer or agent to access
3095 any information on the device other than the displayed
3096 certificate or documentation; requiring the person who
3097 presents the device to the officer or agent to assume
3098 the liability for any resulting damage to the device;
3099 providing that rental or lease documentation that
3100 includes the date and time of rental is sufficient to
3101 satisfy a specified requirement; amending s. 320.0607,
3102 F.S.; providing an exemption from a certain fee for
3103 vehicles registered under the International
3104 Registration Plan; amending s. 320.0657, F.S.;
3105 providing an exception to the design of fleet license
3106 plates; authorizing fleet companies to purchase
3107 specialty license plates in lieu of standard fleet
3108 license plates; requiring fleet companies to be
3109 responsible for certain costs; amending s. 320.08,
3110 F.S.; authorizing dealers to purchase specialty
3111 license plates in lieu of standard graphic dealer
3112 license plates; requiring dealers to be responsible
3113 for certain costs; amending s. 320.08053, F.S.;
3114 revising presale requirements for issuance of a
3115 specialty license plate; amending s. 320.08056, F.S.;
3116 allowing the department to authorize dealer and fleet
3117 specialty license plates; providing requirements for
3118 such plates; deleting certain specialty license
3119 plates; establishing an annual use fee for certain
3120 specialty license plates; revising provisions for
3121 discontinuing issuance of a specialty license plate;
3122 revising applicability; prohibiting use fees received
3123 by any entity from being used for certain purposes;
3124 requiring certain organizations to establish
3125 endowments based in this state for providing
3126 scholarships to Florida residents and to provide
3127 documentation of consent to use certain images;
3128 amending s. 320.08058, F.S.; authorizing the
3129 department to consult with the University of Central
3130 Florida for certain purposes; revising the design of
3131 certain specialty license plates; deleting certain
3132 specialty license plates; revising the distribution of
3133 annual use fees for certain specialty license plates;
3134 directing the department to develop certain specialty
3135 license plates; providing for distribution and use of
3136 fees collected from the sale of the plates; amending
3137 s. 320.08062, F.S.; directing the department to audit
3138 certain organizations that receive funds from the sale
3139 of specialty license plates; amending s. 320.08068,
3140 F.S.; requiring distribution of a specified percentage
3141 of motorcycle specialty license plate annual use fees
3142 to Preserve Vision Florida; amending s. 320.0807,
3143 F.S.; repealing provisions relating to special license
3144 plates for certain federal and state legislators;
3145 creating s. 320.0875, F.S.; providing for a special
3146 motorcycle license plate to be issued to a recipient
3147 of the Purple Heart; providing requirements for the
3148 plate; amending s. 320.089, F.S.; providing for a
3149 special license plate to be issued to a recipient of
3150 the Bronze Star; amending s. 320.131, F.S.;
3151 authorizing, beginning on a specified date, the
3152 department to partner with a county tax collector to
3153 conduct a Fleet Vehicle Temporary Tag pilot program,
3154 subject to certain requirements; providing for future
3155 repeal; amending s. 320.95, F.S.; allowing the
3156 department to authorize issuance of an electronic
3157 certificate of registration; authorizing such
3158 certificate to be presented for inspection; providing
3159 construction; providing for liability for any damage
3160 to the device that displays the certificate; providing
3161 for distribution of certain annual use fees withheld
3162 by the department; amending s. 322.01, F.S.; revising
3163 and providing definitions; amending s. 322.032, F.S.;
3164 directing the department to implement protocols for
3165 issuing an optional electronic credential and procure
3166 a related technology solution; providing requirements
3167 for qualified entities; requiring the department to
3168 maintain certain protocols and national standards;
3169 requiring the department to timely review and approve
3170 all electronic credential provider requests for
3171 authorized access to certain interfaces that meet the
3172 department’s requirements; providing requirements for
3173 an electronic credential provider and the electronic
3174 credential and verification solution; requiring the
3175 department to procure electronic credential providers
3176 and a credential service provider; requiring the
3177 department to enter into specified agreements with
3178 electronic credential providers; requiring a report to
3179 the Legislature and the Governor; requiring that the
3180 department provide electronic credential providers
3181 access to a standardized digital transaction process
3182 that has specified capabilities; requiring that
3183 certain revenue be deposited into the Motor Vehicle
3184 License Clearing Trust Fund for distribution;
3185 authorizing the department to assess a competitive
3186 market rate fee structure; prohibiting certain fees;
3187 requiring that an electronic credential be in a format
3188 that allows certain entities to verify the
3189 authenticity of such electronic credential and to
3190 validate certain privileges; providing that presenting
3191 an electronic device displaying an electronic
3192 credential does not constitute consent for a law
3193 enforcement officer to access any other information on
3194 such device; providing for the assumption of
3195 liability; amending s. 322.059, F.S.; conforming a
3196 provision to changes made by the act; amending s.
3197 322.09, F.S.; providing that a caregiver who signs a
3198 learner’s driver license of a minor in foster care
3199 does not assume any obligation or liability for
3200 damages under certain circumstances; requiring a
3201 caseworker to notify the caregiver of his or her
3202 intent to sign and verify such application before
3203 signing the application; amending s. 322.143, F.S.;
3204 revising the definition of the term “swipe”; amending
3205 s. 322.15, F.S.; conforming a provision to changes
3206 made by the act; amending s. 322.38, F.S.; revising
3207 requirements for renting a motor vehicle to another
3208 person; amending s. 322.61, F.S.; conforming a cross
3209 reference; amending s. 324.021, F.S.; conforming
3210 provisions to changes made by the act; amending s.
3211 324.031, F.S.; authorizing the owner or operator of a
3212 taxicab, limousine, jitney, or any other for-hire
3213 passenger transportation vehicle to prove financial
3214 responsibility by providing satisfactory evidence of
3215 holding a motor vehicle liability policy that is
3216 provided by an insurer that is authorized to do
3217 business in this state and is a member of the Florida
3218 Insurance Guaranty Association or an eligible
3219 nonadmitted insurer that has a certain financial
3220 strength rating by a rating agency acceptable to the
3221 Office of Insurance Regulation of the Financial
3222 Services Commission; amending s. 324.032, F.S.;
3223 decreasing the minimum amount of taxicabs, limousines,
3224 jitneys, or any other for-hire passenger
3225 transportation vehicles that an owner or a lessee
3226 operates in order to be able to provide financial
3227 responsibility by complying with specified provisions,
3228 subject to certain requirements; amending s. 339.175,
3229 F.S.; providing voting membership requirements for
3230 certain metropolitan planning organizations designated
3231 on or after a specified date; revising provisions
3232 relating to the reapportionment of members; requiring
3233 metropolitan planning organizations to comply with
3234 certain provisions by a specified date; amending s.
3235 328.80, F.S.; authorizing the department to issue an
3236 electronic certificate of registration for a vessel,
3237 to collect electronic mail addresses, and to use
3238 electronic mail for certain purposes; amending s.
3239 328.48, F.S.; authorizing a vessel operator to present
3240 such electronic certificate for inspection under
3241 certain circumstances; providing construction;
3242 providing that the person presenting the device
3243 assumes the liability for any resulting damage to the
3244 device; amending s. 338.166, F.S.; establishing toll
3245 amounts charged on segments of an express lane when
3246 the average travel speed falls below a certain speed;
3247 defining the term “segment”; amending s. 338.2216,
3248 F.S.; revising requirements for variable pricing in
3249 certain express lanes; defining the term “segment”;
3250 deleting provisions relating to toll amounts to be
3251 charged after a certain date; creating s. 334.352,
3252 F.S.; prohibiting a local governmental entity from
3253 preventing motor vehicle access to a transportation
3254 facility or transportation corridor under certain
3255 circumstances; providing applicability; amending s.
3256 338.222, F.S.; revising provisions relating to
3257 contracting and negotiation between the Department of
3258 Transportation and local governmental entities for
3259 acquisition, construction, or operation of turnpike
3260 projects; requiring any contract for the transfer,
3261 purchase, sale, acquisition, or other conveyance of
3262 the ownership, operation, or maintenance of a turnpike
3263 project to a local governmental entity to be
3264 specifically approved by the Legislature; amending s.
3265 655.960, F.S.; conforming a cross-reference; amending
3266 s. 812.014, F.S.; providing a criminal penalty for an
3267 offender committing grand theft who uses a device to
3268 interfere with a global positioning or similar system;
3269 requiring the Department of Highway Safety and Motor
3270 Vehicles to review the registration period of certain
3271 heavy trucks; requiring a report to the Governor and
3272 Legislature; providing review requirements; requiring
3273 the Florida Transportation Commission to review all
3274 sources of revenue for transportation infrastructure
3275 and maintenance projects and prepare a report to the
3276 Governor and the Legislature when the commission
3277 determines that electric and hybrid vehicles make up a
3278 certain percentage or more of the total number of
3279 vehicles registered in this state; authorizing the
3280 commission, in consultation with the Department of
3281 Highway Safety and Motor Vehicles, to use certain
3282 commercially available data; providing minimum
3283 reporting requirements; requiring the commission, in
3284 consultation with the Division of Emergency
3285 Management, to make an assessment of transportation
3286 infrastructure with respect to emergency evacuations
3287 and electric vehicles; specifying requirements for the
3288 report; requiring the report to be submitted to the
3289 Governor and the Legislature no later than a certain
3290 date; authorizing the commission to undertake and
3291 complete the review before the specified percentage
3292 threshold is reached, under certain circumstances;
3293 providing effective dates.