Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 385, 1st Eng.
       
       
       
       
       
       
                                Ì9659401Î965940                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1f/RE/2R         .                                
             05/01/2019 02:29 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment to Amendment (869784) (with title
    2  amendment)
    3  
    4         Between lines 335 and 336
    5  insert:
    6         Section 6. Section 320.0605, Florida Statutes, is amended
    7  to read:
    8         320.0605 Certificate of registration; possession required;
    9  exception.—
   10         (1)(a) The registration certificate or an official copy
   11  thereof, a true copy or an electronic copy of rental or lease
   12  documentation issued for a motor vehicle or issued for a
   13  replacement vehicle in the same registration period, a temporary
   14  receipt printed upon self-initiated electronic renewal of a
   15  registration via the Internet, or a cab card issued for a
   16  vehicle registered under the International Registration Plan
   17  shall, at all times while the vehicle is being used or operated
   18  on the roads of this state, be in the possession of the operator
   19  thereof or be carried in the vehicle for which issued and shall
   20  be exhibited upon demand of any authorized law enforcement
   21  officer or any agent of the department, except for a vehicle
   22  registered under s. 320.0657. The provisions of This section
   23  does do not apply during the first 30 days after purchase of a
   24  replacement vehicle. A violation of this section is a
   25  noncriminal traffic infraction, punishable as a nonmoving
   26  violation as provided in chapter 318.
   27         (b)1. The act of presenting to a law enforcement officer or
   28  agent of the department an electronic device displaying an
   29  electronic copy of rental or lease documentation does not
   30  constitute consent for the officer or agent to access any
   31  information on the device other than the displayed rental or
   32  lease documentation.
   33         2. The person who presents the device to the officer or
   34  agent assumes the liability for any resulting damage to the
   35  device.
   36         (2) Rental or lease documentation that is sufficient to
   37  satisfy the requirement in subsection (1) includes the
   38  following:
   39         (a) Date of rental and time of exit from rental facility;
   40         (b) Rental station identification;
   41         (b)(c) Rental agreement number;
   42         (c)(d) Rental vehicle identification number;
   43         (d)(e) Rental vehicle license plate number and state of
   44  registration;
   45         (e)(f) Vehicle’s make, model, and color;
   46         (f)(g) Vehicle’s mileage; and
   47         (g)(h) Authorized renter’s name.
   48         Section 7. Section 322.38, Florida Statutes, is amended to
   49  read:
   50         322.38 Renting motor vehicle to another.—
   51         (1) A No person may not shall rent a motor vehicle to any
   52  other person unless the other latter person is then duly
   53  licensed, or, if a nonresident, he or she shall be is licensed
   54  under the laws of the state or country of his or her residence,
   55  except a nonresident whose home state or country does not
   56  require that an operator be licensed.
   57         (2) A No person may not shall rent a motor vehicle to
   58  another until he or she has inspected the driver license of the
   59  person to whom the vehicle is to be rented, and has compared and
   60  verified that the driver license is unexpired signature thereon
   61  with the signature of such person written in his or her
   62  presence.
   63         (3) Every person renting a motor vehicle to another shall
   64  keep a record of the registration number of the motor vehicle so
   65  rented, the name and address of the person to whom the vehicle
   66  is rented, the number of the license of said latter person, and
   67  the date and place when and where the said license was issued.
   68  Such record shall be open to inspection by any police officer,
   69  or officer or employee of the department.
   70         (4) If a rental car company rents a motor vehicle to a
   71  person through digital, electronic, or other means which allows
   72  the renter to obtain possession of the motor vehicle without
   73  direct contact with an agent or employee of the rental car
   74  company, or if the renter does not execute a rental contract at
   75  the time he or she takes possession of the vehicle, the rental
   76  car company is deemed to have met all obligations of subsections
   77  (1) and (2) when the rental car company, at the time the renter
   78  enrolls in a membership program, master agreement, or other
   79  means of establishing use of the rental car company’s services,
   80  or any time thereafter, requires the renter to verify that he or
   81  she is duly licensed and that the license is unexpired.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete line 1587
   86  and insert:
   87         within a certain timeframe; amending s. 320.0605,
   88         F.S.; authorizing an electronic copy, instead of a
   89         true copy, of rental or lease documentation issued for
   90         a motor vehicle or issued for a replacement vehicle in
   91         the same registration period to be in the possession
   92         of the operator or carried in the vehicle and
   93         exhibited upon demand of any authorized law
   94         enforcement officer or agent of the department;
   95         providing that the act of presenting to a law
   96         enforcement officer or agent of the department an
   97         electronic device displaying an electronic copy of
   98         rental or lease documentation does not constitute
   99         consent for the officer or agent to access any
  100         information on the device other than the displayed
  101         rental or lease documentation; providing assumption of
  102         liability; revising requirements for certain rental or
  103         lease documentation; amending s. 322.38, F.S.;
  104         prohibiting a person from renting a motor vehicle to
  105         another until he or she has verified that the driver
  106         license is unexpired; revising record requirements for
  107         persons renting a motor vehicle to another; providing
  108         that, under certain circumstances, a rental car
  109         company is deemed to have met specified obligations
  110         when the rental car company, at the time the renter
  111         enrolls in a membership program, master agreement, or
  112         other means of establishing use of the rental car
  113         company’s services, or any time thereafter, requires
  114         the renter to verify that he or she is duly licensed
  115         and that the license is unexpired; amending s.
  116         334.175, F.S.;