Florida Senate - 2019              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 7090
       
       
       
       
       
                               Ì779568gÎ779568                          
       
       576-04473A-19                                                   
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 316.003, F.S.;
    4         revising and defining terms; conforming a cross
    5         reference; amending s. 316.027, F.S.; deleting the
    6         defined term “serious bodily injury”; requiring
    7         community service in a trauma center or hospital that
    8         receives victims of vehicle crashes; amending s.
    9         316.0271, F.S.; requiring that, under a yellow dot
   10         program, certain critical medical information be made
   11         readily available to responders in the event of a
   12         motor vehicle crash; authorizing an emergency medical
   13         responder at a motor vehicle crash to search the glove
   14         compartment of the vehicle for a yellow dot folder;
   15         amending s. 316.061, F.S.; prohibiting certain persons
   16         from being liable or at fault regarding the cause of a
   17         crash solely by reason of moving a vehicle; repealing
   18         s. 316.0896, F.S., relating to the assistive truck
   19         platooning technology pilot project; creating s.
   20         316.0897, F.S.; exempting the operator of a nonlead
   21         vehicle in a platoon from provisions relating to
   22         following too closely; authorizing a platoon to be
   23         operated on a roadway in this state after an operator
   24         provides notification to the Department of
   25         Transportation and the Department of Highway Safety
   26         and Motor Vehicles; amending s. 316.1895, F.S.;
   27         authorizing a district school board by simple majority
   28         vote to increase the time a school zone speed limit is
   29         in force under certain circumstances; amending s.
   30         316.192, F.S.; deleting the defined term “serious
   31         bodily injury”; amending s. 316.193, F.S.; adding an
   32         operator to persons who may incur serious bodily
   33         injury for purposes of a certain penalty; amending s.
   34         316.1933, F.S.; adding a driver to persons who may
   35         incur serious bodily injury for purposes of a certain
   36         alcohol or drug test; deleting the defined term
   37         “serious bodily injury”; amending s. 316.194, F.S.;
   38         authorizing traffic crash investigation officers,
   39         rather than traffic accident investigation officers,
   40         to move vehicles; amending s. 316.302, F.S.; revising
   41         the applicability of specified rules and regulations
   42         to certain owners and drivers of commercial motor
   43         vehicles; providing that a person who operates a
   44         commercial motor vehicle solely in intrastate commerce
   45         which does not transport hazardous materials in
   46         amounts that require placarding need not comply with
   47         specified requirements of electronic logging devices
   48         and hours of service supporting documents until a
   49         specified date; removing a limit on civil penalties
   50         for falsification of certain time records; deleting a
   51         requirement that a motor carrier maintain
   52         documentation of driving times under certain
   53         circumstances; revising the conditions under which
   54         persons who operate commercial motor vehicles are
   55         exempt from specified rules and regulations; beginning
   56         on a specified date, repealing an exception to the
   57         requirement that this section supersede all other
   58         safety requirements of this chapter for commercial
   59         motor vehicles; amending s. 316.303, F.S.; exempting
   60         an operator of a certain platoon vehicle from the
   61         prohibition on the active display of television or
   62         video; amending s. 316.622, F.S.; requiring that the
   63         department provide to the Department of Business and
   64         Professional Regulation a copy of each crash report
   65         involving a farm labor vehicle; amending s. 316.640,
   66         F.S.; authorizing the Division of the Florida Highway
   67         Patrol to employ traffic crash investigation officers,
   68         rather than traffic accident investigation officers;
   69         conforming provisions to changes made by that act;
   70         amending s. 316.655, F.S.; authorizing a driver
   71         convicted of certain violations resulting in a crash,
   72         rather than an accident, to have his or her driving
   73         privileges revoked or suspended by the court; amending
   74         s. 316.70, F.S.; requiring that owners and drivers of
   75         certain nonpublic sector buses be subject to specified
   76         rules and regulations; providing duties for the
   77         Department of Highway Safety and Motor Vehicles,
   78         rather than the Department of Transportation, for such
   79         nonpublic sector buses; authorizing department
   80         personnel to conduct compliance investigations and
   81         assess certain penalties; authorizing motor carriers
   82         to be enjoined under certain circumstances;
   83         authorizing certain officers and agents to require
   84         drivers of certain commercial vehicles to submit to
   85         certain inspections and to either remove the vehicle
   86         or driver from service or provide notice requiring
   87         correction under certain circumstances; amending s.
   88         318.19, F.S.; revising infractions that require a
   89         mandatory hearing; amending s. 319.001, F.S.; defining
   90         terms; amending s. 319.141, F.S.; creating a private
   91         rebuilt motor vehicle inspection program, to replace a
   92         pilot rebuilt motor vehicle inspection program;
   93         providing powers and duties of the department;
   94         specifying the purpose of the program; providing
   95         requirements for the program; providing powers and
   96         requirements for private rebuilt inspection providers;
   97         creating s. 319.1411, F.S.; authorizing the department
   98         to monitor and inspect the operations of private
   99         rebuilt inspection providers to make specified
  100         determinations; creating s. 319.1414, F.S.;
  101         authorizing the department to investigate and examine
  102         private rebuilt inspection providers under certain
  103         circumstances; providing additional powers related to
  104         such investigations and examinations; requiring a
  105         court to take specified actions under certain
  106         circumstances; providing for witness fees; authorizing
  107         the department to adopt certain rules; creating s.
  108         319.142, F.S.; providing grounds and requirements for
  109         termination of a contract with a private rebuilt
  110         inspection provider; amending s. 319.25, F.S.;
  111         authorizing the department to conduct investigations
  112         and examinations of certain persons relating to title
  113         certificates; authorizing additional powers related to
  114         such investigations and examinations; requiring a
  115         court to take specified actions under certain
  116         circumstances; providing for witness fees; authorizing
  117         the department to adopt certain rules; amending s.
  118         319.40, F.S.; authorizing the department or a tax
  119         collector to collect electronic mail addresses or
  120         cellular telephone numbers and to use them for certain
  121         purposes; providing that electronic mail addresses and
  122         cellular telephone numbers may be provided at the
  123         option of the applicant; requiring the department or a
  124         tax collector to disclose to the applicant the
  125         purposes for which the electronic mail addresses and
  126         cellular telephone numbers may be used; amending s.
  127         320.01, F.S.; redefining the term “apportionable
  128         vehicle”; amending s. 320.03, F.S.; authorizing the
  129         department, under certain circumstances, to provide
  130         tax collectors and certain agents and vendors with
  131         certain real-time access to data related to vehicle
  132         and mobile home registration certificates,
  133         registration license plates, and validation stickers;
  134         providing requirements for a certain memorandum of
  135         understanding; amending s. 320.06, F.S.; providing for
  136         future repeal of requirements for vehicles that have
  137         apportioned registrations; providing requirements for
  138         certain vehicles that have apportioned registrations
  139         upon implementation of a certain operating system;
  140         requiring that the fee be deposited into the Highway
  141         Safety Operating Trust Fund; authorizing certain
  142         license plates to be replaced at no charge; providing
  143         tax collectors and their agents the option to purchase
  144         validation stickers and paper stock that is used to
  145         produce vehicle registrations from vendors under
  146         certain circumstances; exempting such purchases from
  147         certain competitive bid requirements; requiring the
  148         department to reimburse the tax collectors and their
  149         agents for such purchases, subject to certain
  150         restrictions; requiring the tax collectors and their
  151         agents to invoice the department in arrears for the
  152         validation stickers and vehicle registrations as they
  153         are issued; amending s. 320.0605, F.S.; authorizing an
  154         electronic copy of certain rental or lease
  155         documentation to be in the possession of the vehicle
  156         operator or carried in the vehicle and to be exhibited
  157         upon demand of any authorized law enforcement officer
  158         or any agent of the department; providing that the act
  159         of presenting a certain electronic device to the
  160         officer or agent does not constitute consent for the
  161         officer or agent to access any information on the
  162         device other than the displayed rental or lease
  163         documentation; providing for assumption of liability
  164         for any resulting damage to the device; revising
  165         requirements for rental or lease documentation;
  166         amending s. 320.0607, F.S.; providing applicability;
  167         amending s. 320.131, F.S.; authorizing the department
  168         to partner with a county tax collector to conduct a
  169         Fleet Vehicle Temporary Tag Pilot Program for certain
  170         purposes; providing program requirements; providing
  171         for future repeal; amending s. 320.27, F.S.; defining
  172         the term “control person”; authorizing the department
  173         to deny a new or renewal application for, or suspend
  174         or revoke, certain dealer licenses under certain
  175         circumstances; authorizing the court to bar a person
  176         from acting as a motor vehicle dealer under certain
  177         circumstances, subject to certain requirements;
  178         amending s. 320.8232, F.S.; requiring the Mobile and
  179         Manufactured Home Repair and Remodeling Code to be a
  180         uniform code; providing specified standards for
  181         provisions of the code; requiring all repair and
  182         remodeling of mobile and manufactured homes to be done
  183         in accordance with department rules; amending s.
  184         320.861, F.S.; authorizing the department to conduct
  185         investigations and examinations of persons suspected
  186         of violating or of having violated certain laws,
  187         rules, or orders relating to motor vehicle licenses;
  188         providing additional powers related to such
  189         investigations and examinations; requiring a court to
  190         take specified actions under certain circumstances;
  191         providing for witness fees; authorizing the department
  192         to adopt certain rules; amending s. 320.95, F.S.;
  193         authorizing the department or a tax collector to
  194         collect electronic mail addresses or cellular
  195         telephone numbers and to use electronic mail or text
  196         messages for certain purposes; providing that
  197         electronic mail addresses and cellular telephone
  198         numbers may be provided at the option of the
  199         applicant; requiring the department or a tax collector
  200         to disclose to the applicant the purposes for which
  201         the electronic mail addresses and cellular telephone
  202         numbers may be used; amending s. 321.05, F.S.;
  203         authorizing certain patrol officers to investigate
  204         traffic crashes; amending s. 321.065, F.S.;
  205         authorizing the department to employ certain traffic
  206         crash investigation officers; amending s. 321.23,
  207         F.S.; revising certain public records photographs to
  208         include crashes; amending s. 322.051, F.S.; extending
  209         the period after which a renewal application for an
  210         identification card is considered the same as an
  211         original application; amending s. 322.0602, F.S.;
  212         authorizing courts to include a requirement for
  213         supervised visitation under the Youthful Drunk Driver
  214         Visitation Program at trauma centers that regularly
  215         receive victims of vehicle crashes; conforming
  216         provisions to changes made by the act; amending s.
  217         322.08, F.S.; authorizing the department or a tax
  218         collector to collect electronic mail addresses or
  219         cellular telephone numbers and use electronic mail or
  220         text messages for certain purposes; providing that
  221         electronic mail addresses and cellular telephone
  222         numbers may be provided at the option of the
  223         applicant; requiring the department or a tax collector
  224         to disclose to the applicant the purposes for which
  225         the electronic mail addresses and cellular telephone
  226         numbers may be used; amending s. 322.091, F.S.;
  227         requiring that the department make available, upon
  228         request, a report that includes specific information
  229         for students whose driving privileges have been
  230         suspended; amending s. 322.17, F.S.; authorizing
  231         stolen identification cards to be replaced at no
  232         charge under certain circumstances; amending s.
  233         322.21, F.S.; providing for expedited shipping for the
  234         renewal or replacement driver licenses or
  235         identification cards under certain circumstances,
  236         subject to certain requirements; allowing the
  237         department to charge for the cost of the expedited
  238         shipping; requiring that the funds be deposited into
  239         the Highway Safety Operating Trust Fund; amending s.
  240         322.212, F.S.; prohibiting a person from knowingly
  241         providing altered or counterfeit documents or
  242         knowingly participating in dishonest or deceptive
  243         actions in any application for a driver license or
  244         identification card; providing for the suspension of
  245         specified licenses or permits for specified periods
  246         under certain circumstances; providing construction;
  247         amending s. 322.36, F.S.; providing for suspension of
  248         license for loaning a vehicle to a person whose
  249         license is suspended if such vehicle is involved in
  250         certain crashes; amending s. 322.38, F.S.; prohibiting
  251         a person from renting a motor vehicle to another
  252         person unless he or she has verified that the renter’s
  253         driver license is unexpired; requiring that a person
  254         renting a motor vehicle to another person keep a
  255         record of the place where the renter’s license was
  256         issued; providing that, under certain circumstances,
  257         specified requirements are deemed met when a renter is
  258         required at certain times to verify that he or she is
  259         duly licensed and that the license is unexpired;
  260         amending s. 322.61, F.S.; adding violations for
  261         disqualification from operating a commercial motor
  262         vehicle; creating s. 322.71, F.S.; authorizing the
  263         department to conduct investigations and examinations
  264         of persons suspected of violating or of having
  265         violated certain laws, rules, or orders relating to
  266         motor vehicle licenses; providing additional powers
  267         related to such investigations and examinations;
  268         requiring a court to take specified actions under
  269         certain circumstances; providing for witness fees;
  270         authorizing the department to adopt certain rules;
  271         amending s. 323.001, F.S.; providing that the
  272         requirements for a certain written hold on a motor
  273         vehicle apply when an officer has probable cause to
  274         believe the vehicle was involved in a certain traffic
  275         crash; amending s. 323.002, F.S.; revising the term
  276         “wrecker operator system” to include wrecker operators
  277         removing vehicles from crash scenes under certain
  278         circumstances; requiring that an unauthorized wrecker
  279         operator provide a copy of a certain disclosure to the
  280         owner or operator of a vehicle in the presence of a
  281         law enforcement officer if such officer is at the
  282         scene of a motor vehicle crash; revising applicability
  283         to include vehicles involved in a crash, rather than
  284         an accident; amending s. 324.011, F.S.; requiring that
  285         certain operators of motor vehicles involved in a
  286         crash or convicted of certain traffic offenses show
  287         proof of financial ability to respond for damages in
  288         future crashes; amending s. 324.022, F.S.; requiring
  289         that a certain owner or operator of a motor vehicle
  290         establish and maintain the ability to respond in
  291         damages for liability on account of certain crashes;
  292         conforming a provision to changes made by the act;
  293         amending s. 324.023, F.S.; requiring that a certain
  294         owner or operator of a motor vehicle establish and
  295         maintain the ability to respond in damages for
  296         liability on account of certain crashes; amending s.
  297         324.051, F.S.; authorizing a law enforcement officer
  298         at a criminal trial to testify as to any statement
  299         made to the officer by the person involved in a crash
  300         under certain circumstances; providing for certain
  301         suspensions of license, registration, and operating
  302         privileges after notice of a certain crash; amending
  303         s. 324.242, F.S.; requiring that the department
  304         release a policy number for a policy covering a
  305         vehicle involved in a motor vehicle crash under
  306         certain circumstances; conforming provisions to
  307         changes made by the act; amending s. 328.30, F.S.;
  308         authorizing the department to accept certain
  309         applications by electronic or telephonic means;
  310         authorizing the department or a tax collector to
  311         collect electronic mail addresses or cellular
  312         telephone numbers and to use electronic mail or text
  313         messages for certain purposes; providing that
  314         electronic mail addresses and cellular telephone
  315         numbers may be provided at the option of the
  316         applicant; requiring the department or a tax collector
  317         to disclose to the applicant the purposes for which
  318         the electronic mail addresses and cellular telephone
  319         numbers may be used; amending s. 328.40, F.S.;
  320         providing that certain records made or kept by the
  321         department are subject to certain inspection and
  322         copying requirements; amending s. 328.73, F.S.;
  323         requiring the department, under certain circumstances,
  324         to provide tax collectors and certain agents and
  325         vendors with certain real-time access to data related
  326         to registration certificates and vessel numbers and
  327         decals; providing requirements for a certain
  328         memorandum of understanding; amending s. 328.80, F.S.;
  329         authorizing the department to accept certain
  330         applications by electronic or telephonic means;
  331         authorizing the department or a tax collector to
  332         collect electronic mail addresses or cellular
  333         telephone numbers and to use electronic mail or text
  334         messages for certain purposes; providing that
  335         electronic mail addresses and cellular telephone
  336         numbers may be provided at the option of an applicant;
  337         requiring the department or tax collector to disclose
  338         to an applicant the purposes for which the electronic
  339         mail addresses and cellular telephone numbers may be
  340         used; amending s. 627.7415, F.S.; revising the
  341         applicability of certain federal regulations that
  342         commercial motor vehicles are subject to for certain
  343         insurance purposes; amending ss. 316.251, 501.976,
  344         655.960, 856.015, F.S.; conforming cross-references;
  345         providing effective dates.
  346          
  347  Be It Enacted by the Legislature of the State of Florida:
  348  
  349         Section 1. Present subsections (16) through (54) of s.
  350  316.003, Florida Statutes, are redesignated as subsections (17)
  351  through (55), present subsections (55) through (73) of that
  352  section are redesignated as subsections (57) through (75),
  353  present subsections (74) through (101) of that section are
  354  redesignated as subsections (77) through (104), respectively,
  355  new subsections (16), (56), and (76) are added to that section,
  356  and subsection (2) and present subsection (59) of that section
  357  are amended, to read:
  358         316.003 Definitions.—The following words and phrases, when
  359  used in this chapter, shall have the meanings respectively
  360  ascribed to them in this section, except where the context
  361  otherwise requires:
  362         (2) AUTOCYCLE.—A three-wheeled motorcycle that has two
  363  wheels in the front and one wheel in the back; is equipped with
  364  a roll cage or roll hoops, a seat belt for each occupant,
  365  antilock brakes, a steering mechanism wheel, and seating that
  366  does not require the operator to straddle or sit astride it; and
  367  is manufactured in accordance with the applicable federal
  368  motorcycle safety standards in 49 C.F.R. part 571 by a
  369  manufacturer registered with the National Highway Traffic Safety
  370  Administration.
  371         (16) CRASH.—The operation of a motor vehicle, motorized
  372  scooter, or moped in this state which results in property damage
  373  or the death of or bodily injury, or a complaint of bodily
  374  injury, to any person. The term “crash” includes separation of
  375  the operator or an occupant from a motor vehicle, motorized
  376  scooter, or moped, or a trailer being drawn by a motor vehicle,
  377  while in motion, which results in property damage or the death
  378  of or bodily injury, or a complaint of bodily injury, to any
  379  person. The term “crash” does not include such operation in any
  380  of the following situations:
  381         (a) On private property, if such operation does not result
  382  in death or serious bodily injury, except that the term “crash”
  383  includes such operation on private property when the operator is
  384  suspected of violating s. 316.193.
  385         (b) On a closed course used for commercial or recreational
  386  purposes, such as a commercial driving school or race track,
  387  except that the term “crash” includes such operation on a closed
  388  course when the operator is suspected of violating s. 316.193.
  389         (c) If such property damage, death, bodily injury, or
  390  complaint of bodily injury results from an intentional act of a
  391  law enforcement officer to force a motor vehicle or moped to
  392  stop or reduce speed, such as use of a pursuit termination
  393  device or the precision immobilization technique, except that
  394  the term “crash” includes such operation that results in such
  395  property damage or the death of or bodily injury to, or
  396  complaint of bodily injury to, anyone other than the operator or
  397  occupant of the motor vehicle or moped being forced to stop or
  398  reduce speed or the law enforcement officer.
  399         (d) The death or suffering of a medical episode by the
  400  operator or an occupant of a motor vehicle or moped, if
  401  operation of the motor vehicle or moped did not result in such
  402  death or medical episode and did not result in property damage
  403  or the death of or bodily injury, or complaint of bodily injury,
  404  to any other person.
  405         (56) PLATOON.—A group of no more than two trucks that do
  406  not require placards, either laden or unladen, traveling in a
  407  unified manner using wireless vehicle-to-vehicle communications
  408  that electronically coordinate speeds and following distances of
  409  the trucks.
  410         (61)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
  411  provided in paragraph (84)(b) (81)(b), any privately owned way
  412  or place used for vehicular travel by the owner and those having
  413  express or implied permission from the owner, but not by other
  414  persons.
  415         (76) SERIOUS BODILY INJURY.—An injury to any person which
  416  consists of a physical injury that creates a substantial risk of
  417  death, significant personal disfigurement, or protracted loss or
  418  impairment of the function of any bodily member or organ.
  419         Section 2. Subsections (1) and (4) of section 316.027,
  420  Florida Statutes, are amended to read:
  421         316.027 Crash involving death or personal injuries.—
  422         (1) As used in this section, the term:
  423         (a) “Serious bodily injury” means an injury to a person,
  424  including the driver, which consists of a physical condition
  425  that creates a substantial risk of death, serious personal
  426  disfigurement, or protracted loss or impairment of the function
  427  of a bodily member or organ.
  428         (b) “vulnerable road user” means any of the following:
  429         (a)1. A pedestrian, including a person actually engaged in
  430  work upon a highway, or in work upon utility facilities along a
  431  highway, or engaged in the provision of emergency services
  432  within the right-of-way.;
  433         (b)2. A person operating a bicycle, motorcycle, scooter, or
  434  moped lawfully on the roadway.;
  435         (c)3. A person riding an animal.; or
  436         (d)4. A person lawfully operating on a public right-of-way,
  437  crosswalk, or shoulder of the roadway:
  438         1.a. A farm tractor or similar vehicle designed primarily
  439  for farm use;
  440         2.b. A skateboard, roller skates, or in-line skates;
  441         3.c. A horse-drawn carriage;
  442         4.d. An electric personal assistive mobility device; or
  443         5.e. A wheelchair.
  444         (4)(a) In addition to any other civil, criminal, or
  445  administrative penalty imposed, a person whose commission of a
  446  noncriminal traffic infraction or a violation of this chapter or
  447  s. 1006.66 causes or results in the death of another person may
  448  be required by the court to serve 120 community service hours in
  449  a trauma center or hospital that regularly receives victims of
  450  vehicle crashes accidents, under the supervision of a registered
  451  nurse, an emergency room physician, or an emergency medical
  452  technician pursuant to a voluntary community service program
  453  operated by the trauma center or hospital.
  454         (b) Notwithstanding paragraph (a), in addition to any other
  455  civil, criminal, or administrative penalty imposed, a person
  456  whose commission of a violation of s. 316.172(1)(a) or (b)
  457  causes or results in serious bodily injury to or death of
  458  another person shall be required by the court to:
  459         1. Serve 120 community service hours in a trauma center or
  460  hospital that regularly receives victims of vehicle crashes
  461  accidents, under the supervision of a registered nurse, an
  462  emergency room physician, or an emergency medical technician
  463  pursuant to a voluntary community service program operated by
  464  the trauma center or hospital.
  465         2. Participate in a victim’s impact panel session in a
  466  judicial circuit if such a panel exists, or if such a panel does
  467  not exist, attend a department-approved driver improvement
  468  course relating to the rights of vulnerable road users relative
  469  to vehicles on the roadway as provided in s. 322.0261(2).
  470         Section 3. Subsection (1) and paragraph (a) of subsection
  471  (5) of section 316.0271, Florida Statutes, are amended to read:
  472         316.0271 Yellow dot critical motorist medical information
  473  program; yellow dot decal, folder, and information form.—
  474         (1) The governing body of a county may create a yellow dot
  475  critical motorist medical information program to facilitate the
  476  provision of emergency medical care to program participants by
  477  emergency medical responders by making critical medical
  478  information readily available to responders in the event of a
  479  motor vehicle crash accident or a medical emergency involving a
  480  participant’s vehicle.
  481         (5)(a) If the driver or a passenger of a motor vehicle is
  482  involved in a motor vehicle crash accident or emergency
  483  situation and a yellow dot decal is affixed to the vehicle, an
  484  emergency medical responder at the scene may search the glove
  485  compartment of the vehicle for the corresponding yellow dot
  486  folder.
  487         Section 4. Subsection (3) of section 316.061, Florida
  488  Statutes, is amended to read:
  489         316.061 Crashes involving damage to vehicle or property.—
  490         (3) Employees or authorized agents of the Department of
  491  Transportation, law enforcement with proper jurisdiction, or an
  492  expressway authority created pursuant to chapter 348, in the
  493  exercise, management, control, and maintenance of its highway
  494  system, may undertake the removal from the main traveled way of
  495  roads on its highway system of all vehicles incapacitated as a
  496  result of a motor vehicle crash and of debris caused thereby.
  497  Such removal is applicable when such a motor vehicle crash
  498  results only in damage to a vehicle or other property, and when
  499  such removal can be accomplished safely and will result in the
  500  improved safety or convenience of travel upon the road. The
  501  driver or any other person who has removed a motor vehicle from
  502  the main traveled way of the road as provided in this section
  503  may shall not be considered liable or at fault regarding the
  504  cause of the crash accident solely by reason of moving the
  505  vehicle.
  506         Section 5. Section 316.0896, Florida Statutes, is repealed.
  507         Section 6. Section 316.0897, Florida Statutes, is created
  508  to read:
  509         316.0897 Platoons.—
  510         (1) Section 316.0895 does not apply to the operator of a
  511  nonlead vehicle in a platoon.
  512         (2) A platoon may be operated on a roadway in this state
  513  after an operator provides notification to the Department of
  514  Transportation and the Department of Highway Safety and Motor
  515  Vehicles.
  516         Section 7. Subsection (5) of section 316.1895, Florida
  517  Statutes, is amended to read:
  518         316.1895 Establishment of school speed zones, enforcement;
  519  designation.—
  520         (5)(a) A school zone speed limit may not be less than 15
  521  miles per hour except by local regulation. No school zone speed
  522  limit shall be more than 20 miles per hour in an urbanized area,
  523  as defined in s. 334.03. Such speed limit may be in force only
  524  during those times 30 minutes before, during, and 30 minutes
  525  after the periods of time when pupils are arriving at a
  526  regularly scheduled breakfast program or a regularly scheduled
  527  school session and leaving a regularly scheduled school session.
  528         (b) A district school board as defined in s. 1003.01(1) may
  529  by simple majority vote increase the time a school zone speed
  530  limit is in force by an additional 15 minutes before, during,
  531  and an additional 15 minutes after the periods of time when
  532  pupils are arriving at a regularly scheduled breakfast program
  533  or at a regularly scheduled school session and leaving a
  534  regularly scheduled school session.
  535         Section 8. Paragraph (c) of subsection (3) of section
  536  316.192, Florida Statutes, is amended to read:
  537         316.192 Reckless driving.—
  538         (3) Any person:
  539         (c) Who, by reason of such operation, causes:
  540         1. Damage to the property or person of another commits a
  541  misdemeanor of the first degree, punishable as provided in s.
  542  775.082 or s. 775.083.
  543         2. Serious bodily injury to another commits a felony of the
  544  third degree, punishable as provided in s. 775.082, s. 775.083,
  545  or s. 775.084. The term “serious bodily injury” means an injury
  546  to another person, which consists of a physical condition that
  547  creates a substantial risk of death, serious personal
  548  disfigurement, or protracted loss or impairment of the function
  549  of any bodily member or organ.
  550         Section 9. Subsection (3) of section 316.193, Florida
  551  Statutes, is amended to read:
  552         316.193 Driving under the influence; penalties.—
  553         (3) Any person:
  554         (a) Who is in violation of subsection (1);
  555         (b) Who operates a vehicle; and
  556         (c) Who, by reason of such operation, causes or contributes
  557  to causing:
  558         1. Damage to the property or person of another commits a
  559  misdemeanor of the first degree, punishable as provided in s.
  560  775.082 or s. 775.083.
  561         2. Serious bodily injury to another or to himself or
  562  herself, as defined in s. 316.1933, commits a felony of the
  563  third degree, punishable as provided in s. 775.082, s. 775.083,
  564  or s. 775.084.
  565         3. The death of any human being or unborn child commits DUI
  566  manslaughter, and commits:
  567         a. A felony of the second degree, punishable as provided in
  568  s. 775.082, s. 775.083, or s. 775.084.
  569         b. A felony of the first degree, punishable as provided in
  570  s. 775.082, s. 775.083, or s. 775.084, if:
  571         (I) At the time of the crash, the person knew, or should
  572  have known, that the crash occurred; and
  573         (II) The person failed to give information and render aid
  574  as required by s. 316.062.
  575  
  576  For purposes of this subsection, the term “unborn child” has the
  577  same meaning as provided in s. 775.021(5). A person who is
  578  convicted of DUI manslaughter shall be sentenced to a mandatory
  579  minimum term of imprisonment of 4 years.
  580         Section 10. Subsection (1) of section 316.1933, Florida
  581  Statutes, is amended to read
  582         316.1933 Blood test for impairment or intoxication in cases
  583  of death or serious bodily injury; right to use reasonable
  584  force.—
  585         (1)(a) If a law enforcement officer has probable cause to
  586  believe that a motor vehicle driven by or in the actual physical
  587  control of a person under the influence of alcoholic beverages,
  588  any chemical substances, or any controlled substances has caused
  589  the death or serious bodily injury of a human being, including
  590  serious bodily injury of the driver, a law enforcement officer
  591  shall require the person driving or in actual physical control
  592  of the motor vehicle to submit to a test of the person’s blood
  593  for the purpose of determining the alcoholic content thereof or
  594  the presence of chemical substances as set forth in s. 877.111
  595  or any substance controlled under chapter 893. The law
  596  enforcement officer may use reasonable force if necessary to
  597  require such person to submit to the administration of the blood
  598  test. The blood test shall be performed in a reasonable manner.
  599  Notwithstanding s. 316.1932, the testing required by this
  600  paragraph need not be incidental to a lawful arrest of the
  601  person.
  602         (b) The term “serious bodily injury” means an injury to any
  603  person, including the driver, which consists of a physical
  604  condition that creates a substantial risk of death, serious
  605  personal disfigurement, or protracted loss or impairment of the
  606  function of any bodily member or organ.
  607         Section 11. Paragraphs (a) and (b) of subsection (3) of
  608  section 316.194, Florida Statutes, are amended to read:
  609         316.194 Stopping, standing or parking outside of
  610  municipalities.—
  611         (3)(a) Whenever any police officer or traffic crash
  612  accident investigation officer finds a vehicle standing upon a
  613  highway in violation of any of the foregoing provisions of this
  614  section, the officer is authorized to move the vehicle, or
  615  require the driver or other persons in charge of the vehicle to
  616  move the vehicle, to a position off the paved or main-traveled
  617  part of the highway.
  618         (b) Officers and traffic crash accident investigation
  619  officers may provide for the removal of any abandoned vehicle to
  620  the nearest garage or other place of safety, cost of such
  621  removal to be a lien against motor vehicle, when an abandoned
  622  vehicle is found unattended upon a bridge or causeway or in any
  623  tunnel, or on any public highway in the following instances:
  624         1. Where such vehicle constitutes an obstruction of
  625  traffic;
  626         2. Where such vehicle has been parked or stored on the
  627  public right-of-way for a period exceeding 48 hours, in other
  628  than designated parking areas, and is within 30 feet of the
  629  pavement edge; and
  630         3. Where an operative vehicle has been parked or stored on
  631  the public right-of-way for a period exceeding 10 days, in other
  632  than designated parking areas, and is more than 30 feet from the
  633  pavement edge. However, the agency removing such vehicle shall
  634  be required to report same to the Department of Highway Safety
  635  and Motor Vehicles within 24 hours of such removal.
  636         Section 12. Subsections (1) and (2) of section 316.302,
  637  Florida Statutes, are amended to read:
  638         316.302 Commercial motor vehicles; safety regulations;
  639  transporters and shippers of hazardous materials; enforcement.—
  640         (1)(a) All owners and drivers of commercial motor vehicles
  641  that are operated on the public highways of this state while
  642  engaged in interstate commerce are subject to the rules and
  643  regulations contained in 49 C.F.R. parts 382, 383, 385, 386 and
  644  390-397.
  645         (b) Except as otherwise provided in this section, all
  646  owners or drivers of commercial motor vehicles that are engaged
  647  in intrastate commerce are subject to the rules and regulations
  648  contained in 49 C.F.R. parts 382, 383, 385, 386, and 390-397,
  649  with the exception of 49 C.F.R. s. 390.5 as it relates to the
  650  definition of bus, as such rules and regulations existed on
  651  December 31, 2018 2012.
  652         (c) The emergency exceptions provided by 49 C.F.R. s.
  653  392.82 also apply to communications by utility drivers and
  654  utility contractor drivers during a Level 1 activation of the
  655  State Emergency Operations Center, as provided in the Florida
  656  Comprehensive Emergency Management plan, or during a state of
  657  emergency declared by executive order or proclamation of the
  658  Governor.
  659         (d) Except as provided in s. 316.215(5), and except as
  660  provided in s. 316.228 for rear overhang lighting and flagging
  661  requirements for intrastate operations, the requirements of this
  662  section supersede all other safety requirements of this chapter
  663  for commercial motor vehicles.
  664         (e) A person who operates a commercial motor vehicle solely
  665  in intrastate commerce which does not transport hazardous
  666  materials in amounts that require placarding pursuant to 49
  667  C.F.R. part 172 need not comply with the requirements of
  668  electronic logging devices and hours of service supporting
  669  documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
  670  until December 31, 2019.
  671         (2)(a) A person who operates a commercial motor vehicle
  672  solely in intrastate commerce not transporting any hazardous
  673  material in amounts that require placarding pursuant to 49
  674  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
  675  and 395.3(a) and (b).
  676         (b) Except as provided in 49 C.F.R. s. 395.1, a person who
  677  operates a commercial motor vehicle solely in intrastate
  678  commerce not transporting any hazardous material in amounts that
  679  require placarding pursuant to 49 C.F.R. part 172 may not drive:
  680         1. More than 12 hours following 10 consecutive hours off
  681  duty; or
  682         2. For any period after the end of the 16th hour after
  683  coming on duty following 10 consecutive hours off duty.
  684  
  685  The provisions of this paragraph do not apply to drivers of
  686  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  687         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  688  operates a commercial motor vehicle solely in intrastate
  689  commerce not transporting any hazardous material in amounts that
  690  require placarding pursuant to 49 C.F.R. part 172 may not drive
  691  after having been on duty more than 70 hours in any period of 7
  692  consecutive days or more than 80 hours in any period of 8
  693  consecutive days if the motor carrier operates every day of the
  694  week. Thirty-four consecutive hours off duty shall constitute
  695  the end of any such period of 7 or 8 consecutive days. This
  696  weekly limit does not apply to a person who operates a
  697  commercial motor vehicle solely within this state while
  698  transporting, during harvest periods, any unprocessed
  699  agricultural products or unprocessed food or fiber that is
  700  subject to seasonal harvesting from place of harvest to the
  701  first place of processing or storage or from place of harvest
  702  directly to market or while transporting livestock, livestock
  703  feed, or farm supplies directly related to growing or harvesting
  704  agricultural products. Upon request of the Department of Highway
  705  Safety and Motor Vehicles, motor carriers shall furnish time
  706  records or other written verification to that department so that
  707  the Department of Highway Safety and Motor Vehicles can
  708  determine compliance with this subsection. These time records
  709  must be furnished to the Department of Highway Safety and Motor
  710  Vehicles within 2 days after receipt of that department’s
  711  request. Falsification of such information is subject to a civil
  712  penalty not to exceed $100. The provisions of This paragraph
  713  does do not apply to operators of farm labor vehicles operated
  714  during a state of emergency declared by the Governor or operated
  715  pursuant to s. 570.07(21) or, and do not apply to drivers of
  716  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  717         (d) A person who operates a commercial motor vehicle solely
  718  in intrastate commerce not transporting any hazardous material
  719  in amounts that require placarding pursuant to 49 C.F.R. part
  720  172 within a 150 air-mile radius of the location where the
  721  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
  722  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
  723  and (v) are met. If a driver is not released from duty within 12
  724  hours after the driver arrives for duty, the motor carrier must
  725  maintain documentation of the driver’s driving times throughout
  726  the duty period.
  727         (e) A person who operates a commercial motor vehicle solely
  728  in intrastate commerce is exempt from subsection (1) while
  729  transporting agricultural products, including horticultural or
  730  forestry products, from farm or harvest place to the first place
  731  of processing or storage, or from farm or harvest place directly
  732  to market. However, such person must comply with 49 C.F.R. parts
  733  382, 392, and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  734  A vehicle or combination of vehicles operated pursuant to this
  735  paragraph having a gross vehicle weight of 26,001 pounds or more
  736  or having three or more axles on the power unit, regardless of
  737  weight, must display the name of the vehicle owner or motor
  738  carrier and the municipality or town where the vehicle is based
  739  on each side of the power unit in letters that contrast with the
  740  background and that are readable from a distance of 50 feet. A
  741  person who violates this vehicle identification requirement may
  742  be assessed a penalty as provided in s. 316.3025(3)(a).
  743         (f) A person who operates a commercial motor vehicle having
  744  a declared gross vehicle weight, gross vehicle weight rating,
  745  and gross combined weight rating of less than 26,001 pounds
  746  solely in intrastate commerce and who is not transporting
  747  hazardous materials in amounts that require placarding pursuant
  748  to 49 C.F.R. part 172, or who is transporting petroleum products
  749  as defined in s. 376.301, is exempt from subsection (1).
  750  However, such person must comply with 49 C.F.R. parts 382, 392,
  751  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  752         (g) A person whose driving record shows no convictions for
  753  the preceding 3 years and who, as of October 1, 1988, is
  754  employed as a driver-salesperson, as defined in 49 C.F.R. s.
  755  395.2, and who operates solely in intrastate commerce, is exempt
  756  from 49 C.F.R. part 391.
  757         (h) A person who is an employee of an electric utility, as
  758  defined in s. 361.11, or a telephone company, as defined in s.
  759  364.02, and who operates a commercial motor vehicle solely in
  760  intrastate commerce and within a 200 air-mile radius of the
  761  location where the vehicle is based, is exempt from 49 C.F.R.
  762  ss. 396.11 and 396.13 and 49 C.F.R. part 391, subparts D and E.
  763         (i) A person whose driving record shows no traffic
  764  convictions, pursuant to s. 322.61, during the 2-year period
  765  immediately preceding the application for the commercial driver
  766  license, who is otherwise qualified as a driver under 49 C.F.R.
  767  part 391, and who operates a commercial vehicle in intrastate
  768  commerce only shall be exempt from the requirements of 49 C.F.R.
  769  part 391, subpart E, s. 391.41(b)(10). However, such operators
  770  are still subject to the requirements of ss. 322.12 and 322.121.
  771  As proof of eligibility, such driver shall have in his or her
  772  possession a physical examination form dated within the past 24
  773  months.
  774         (j) A person who is otherwise qualified as a driver under
  775  49 C.F.R. part 391, who operates a commercial motor vehicle in
  776  intrastate commerce only, and who does not transport hazardous
  777  materials in amounts that require placarding pursuant to 49
  778  C.F.R. part 172, is exempt from the requirements of 49 C.F.R.
  779  part 391, subpart E, ss. 391.41(b)(3) and 391.43(e), relating to
  780  diabetes.
  781         (j)(k) A person holding a commercial driver license who is
  782  a regularly employed driver of a commercial motor vehicle and is
  783  subject to an alcohol and controlled substance testing program
  784  related to that employment shall not be required to be part of a
  785  separate testing program for operating any bus owned and
  786  operated by a church when the driver does not receive any form
  787  of compensation for operating the bus and when the bus is used
  788  to transport people to or from church-related activities at no
  789  charge. The provisions of this paragraph may not be implemented
  790  if the Federal Government notifies the department that
  791  implementation will adversely affect the allocation of federal
  792  funds to the state.
  793         Section 13. Effective December 31, 2019, paragraph (d) of
  794  subsection (1) of section 316.302, Florida Statutes, is amended
  795  to read:
  796         316.302 Commercial motor vehicles; safety regulations;
  797  transporters and shippers of hazardous materials; enforcement.—
  798         (1)
  799         (d) Except as provided in s. 316.215(5), and except as
  800  provided in s. 316.228 for rear overhang lighting and flagging
  801  requirements for intrastate operations, the requirements of this
  802  section supersede all other safety requirements of this chapter
  803  for commercial motor vehicles.
  804         Section 14. Subsection (3) of section 316.303, Florida
  805  Statutes, is amended to read:
  806         316.303 Television receivers.—
  807         (3) This section does not prohibit the use of an electronic
  808  display used in conjunction with a vehicle navigation system; an
  809  electronic display used by an operator of a vehicle equipped
  810  with autonomous technology, as defined in s. 316.003(3); or an
  811  electronic display used by an operator of the nonlead a vehicle
  812  in a platoon operating on a roadway in this state equipped and
  813  operating with driver-assistive truck platooning technology, as
  814  defined in s. 316.003.
  815         Section 15. Subsection (8) of section 316.622, Florida
  816  Statutes, is amended to read:
  817         316.622 Farm labor vehicles.—
  818         (8) The department shall provide to the Department of
  819  Business and Professional Regulation each quarter a copy of each
  820  crash accident report involving a farm labor vehicle.
  821         Section 16. Paragraph (a) of subsection (1) of section
  822  316.640, Florida Statutes, is amended to read:
  823         316.640 Enforcement.—The enforcement of the traffic laws of
  824  this state is vested as follows:
  825         (1) STATE.—
  826         (a)1.a. The Division of Florida Highway Patrol of the
  827  Department of Highway Safety and Motor Vehicles; the Division of
  828  Law Enforcement of the Fish and Wildlife Conservation
  829  Commission; and the agents, inspectors, and officers of the
  830  Department of Law Enforcement each have authority to enforce all
  831  of the traffic laws of this state on all the streets and
  832  highways thereof and elsewhere throughout the state wherever the
  833  public has a right to travel by motor vehicle.
  834         b. University police officers may enforce all of the
  835  traffic laws of this state when violations occur on or within
  836  1,000 feet of any property or facilities that are under the
  837  guidance, supervision, regulation, or control of a state
  838  university, a direct-support organization of such state
  839  university, or any other organization controlled by the state
  840  university or a direct-support organization of the state
  841  university, or when such violations occur within a specified
  842  jurisdictional area as agreed upon in a mutual aid agreement
  843  entered into with a law enforcement agency pursuant to s.
  844  23.1225(1). Traffic laws may also be enforced off-campus when
  845  hot pursuit originates on or within 1,000 feet of any such
  846  property or facilities, or as agreed upon in accordance with the
  847  mutual aid agreement.
  848         c. Florida College System institution police officers may
  849  enforce all the traffic laws of this state only when such
  850  violations occur on or within 1,000 feet of any property or
  851  facilities that are under the guidance, supervision, regulation,
  852  or control of the Florida College System institution, or when
  853  such violations occur within a specified jurisdictional area as
  854  agreed upon in a mutual aid agreement entered into with a law
  855  enforcement agency pursuant to s. 23.1225. Traffic laws may also
  856  be enforced off-campus when hot pursuit originates on or within
  857  1,000 feet of any such property or facilities, or as agreed upon
  858  in accordance with the mutual aid agreement.
  859         d. Police officers employed by an airport authority may
  860  enforce all of the traffic laws of this state only when such
  861  violations occur on any property or facilities that are owned or
  862  operated by an airport authority.
  863         (I) An airport authority may employ as a parking
  864  enforcement specialist any individual who successfully completes
  865  a training program established and approved by the Criminal
  866  Justice Standards and Training Commission for parking
  867  enforcement specialists but who does not otherwise meet the
  868  uniform minimum standards established by the commission for law
  869  enforcement officers or auxiliary or part-time officers under s.
  870  943.12. This sub-sub-subparagraph may not be construed to permit
  871  the carrying of firearms or other weapons, nor shall such
  872  parking enforcement specialist have arrest authority.
  873         (II) A parking enforcement specialist employed by an
  874  airport authority may enforce all state, county, and municipal
  875  laws and ordinances governing parking only when such violations
  876  are on property or facilities owned or operated by the airport
  877  authority employing the specialist, by appropriate state,
  878  county, or municipal traffic citation.
  879         e. The Office of Agricultural Law Enforcement of the
  880  Department of Agriculture and Consumer Services may enforce
  881  traffic laws of this state.
  882         f. School safety officers may enforce all of the traffic
  883  laws of this state when such violations occur on or about any
  884  property or facilities that are under the guidance, supervision,
  885  regulation, or control of the district school board.
  886         2. Any disciplinary action taken or performance evaluation
  887  conducted by an agency of the state as described in subparagraph
  888  1. of a law enforcement officer’s traffic enforcement activity
  889  must be in accordance with written work-performance standards.
  890  Such standards must be approved by the agency and any collective
  891  bargaining unit representing such law enforcement officer. A
  892  violation of this subparagraph is not subject to the penalties
  893  provided in chapter 318.
  894         3. The Division of the Florida Highway Patrol may employ as
  895  a traffic crash accident investigation officer any individual
  896  who successfully completes instruction in traffic crash accident
  897  investigation and court presentation through the Selective
  898  Traffic Enforcement Program as approved by the Criminal Justice
  899  Standards and Training Commission and funded through the
  900  National Highway Traffic Safety Administration or a similar
  901  program approved by the commission, but who does not necessarily
  902  meet the uniform minimum standards established by the commission
  903  for law enforcement officers or auxiliary law enforcement
  904  officers under chapter 943. Any such traffic crash accident
  905  investigation officer who makes an investigation at the scene of
  906  a traffic crash accident may issue traffic citations, based upon
  907  personal investigation, when he or she has reasonable and
  908  probable grounds to believe that a person who was involved in
  909  the crash accident committed an offense under this chapter,
  910  chapter 319, chapter 320, or chapter 322 in connection with the
  911  crash accident. This subparagraph does not permit the officer to
  912  carry firearms or other weapons, and such an officer does not
  913  have authority to make arrests.
  914         Section 17. Subsection (2) of section 316.655, Florida
  915  Statutes, is amended to read:
  916         316.655 Penalties.—
  917         (2) A driver convicted of a violation of any offense
  918  prohibited by this chapter or any other law of this state
  919  regulating motor vehicles, which resulted in a crash an
  920  accident, may have his or her driving privileges revoked or
  921  suspended by the court if the court finds such revocation or
  922  suspension warranted by the totality of the circumstances
  923  resulting in the conviction and the need to provide for the
  924  maximum safety for all persons who travel on or who are
  925  otherwise affected by the use of the highways of the state. In
  926  determining whether suspension or revocation is appropriate, the
  927  court shall consider all pertinent factors, including, but not
  928  limited to, such factors as the extent and nature of the
  929  driver’s violation of this chapter, the number of persons killed
  930  or injured as the result of the driver’s violation of this
  931  chapter, and the extent of any property damage resulting from
  932  the driver’s violation of this chapter.
  933         Section 18. Section 316.70, Florida Statutes, is amended to
  934  read:
  935         316.70 Nonpublic sector buses; safety rules.—
  936         (1) All owners and drivers of nonpublic sector buses
  937  operated on the public highways of this state are subject to the
  938  rules and regulations The Department of Transportation shall
  939  establish and revise standards to ensure the safe operation of
  940  nonpublic sector buses, which standards shall be those contained
  941  in 49 C.F.R. parts 382, 383, 385, 386, 387 and 390-397. The
  942  department and which shall be directed toward ensuring that:
  943         (a) Nonpublic sector buses are safely maintained, equipped,
  944  and operated.
  945         (b) Nonpublic sector buses are carrying the insurance
  946  required by law and carrying liability insurance on the checked
  947  baggage of passengers not to exceed the standard adopted by the
  948  United States Department of Transportation.
  949         (b)(c) Florida license tags are purchased for nonpublic
  950  sector buses pursuant to s. 320.38.
  951         (d) The driving records of drivers of nonpublic sector
  952  buses are checked by their employers at least once each year to
  953  ascertain whether the driver has a suspended or revoked driver
  954  license.
  955         (2) Department of Transportation personnel may conduct
  956  compliance investigations reviews for the purpose of determining
  957  compliance with this section. A civil penalty not to exceed
  958  $5,000 in the aggregate may be assessed against any person who
  959  violates any provision of this section or who violates any
  960  department rule or order of the Department of Transportation. A
  961  civil penalty not to exceed $25,000 in the aggregate may be
  962  assessed for violations found in a followup compliance
  963  investigation review conducted within a 24-month period. A civil
  964  penalty not to exceed $25,000 in the aggregate may be assessed
  965  and the motor carrier may be enjoined pursuant to s. 316.3026 if
  966  violations are found after a second followup compliance review
  967  within 12 months after the first followup compliance review.
  968  Motor carriers may be enjoined pursuant to s. 316.3026 for
  969  violations identified during a compliance investigation or motor
  970  carriers found to be operating without insurance coverage
  971  required by s. 627.742 or 49 C.F.R. part 387 may be enjoined as
  972  provided in s. 316.3026.
  973         (3) For the purpose of enforcing this section, any law
  974  enforcement officer of the department or duly appointed agent
  975  who holds a current safety inspector certification from the
  976  Commercial Vehicle Safety Alliance may require the driver of any
  977  commercial vehicle operated on the highways of this state to
  978  stop and submit to an inspection of the vehicle or the driver’s
  979  records. If the vehicle or driver is operating in an unsafe
  980  condition, or if any required part or equipment is not present
  981  or is not in proper repair or adjustment, and the continued
  982  operation would be unduly hazardous, the officer may require the
  983  vehicle or the driver to be removed from service pursuant to the
  984  North American Standard Out-of-Service Criteria, until the
  985  safety concerns are corrected. However, if continuous operation
  986  would not be unduly hazardous, the officer may give written
  987  notice requiring correction of the condition within 15 days.
  988         (4)(3) School buses subject to the provisions of chapter
  989  1006 or s. 316.615 are exempt from the provisions of this
  990  section.
  991         Section 19. Section 318.19, Florida Statutes, is amended to
  992  read:
  993         318.19 Infractions requiring a mandatory hearing.
  994  Subsections 318.14(2), (4), and (9) do not apply to any person
  995  cited for an infraction identified in the infractions listed in
  996  this section and he or she shall not have the provisions of s.
  997  318.14(2), (4), and (9) available to him or her but must appear
  998  before the designated official at the time and location of the
  999  scheduled hearing for:
 1000         (1) Any infraction that which results in a crash that
 1001  causes the death of another;
 1002         (2) Any infraction that which results in a crash that
 1003  causes serious bodily injury, as defined in s. 316.003, of
 1004  another or of the person cited for the infraction as defined in
 1005  s. 316.1933(1);
 1006         (3) Any infraction of s. 316.172(1)(b);
 1007         (4) Any infraction of s. 316.520(1) or (2); or
 1008         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
 1009  316.189 of exceeding the speed limit by 30 mph or more.
 1010         Section 20. Section 319.001, Florida Statutes, is amended
 1011  to read:
 1012         319.001 Definitions.—As used in this chapter, the term:
 1013         (1) “Certificate of title” means the record that is
 1014  evidence of ownership of a vehicle, whether a paper certificate
 1015  authorized by the department or a certificate consisting of
 1016  information that is stored in an electronic form in the
 1017  department’s database.
 1018         (2)“Conflict” or “conflict of interest” means a situation
 1019  in which a private interest could benefit from or interfere with
 1020  official duties or a public interest, including, but not limited
 1021  to, having a direct or indirect financial interest in a vehicle
 1022  being inspected pursuant to s. 319.141; or being employed by, or
 1023  directly or indirectly having an ownership interest in, an
 1024  entity that has a financial interest in a vehicle being
 1025  inspected pursuant to s. 319.141.
 1026         (3)(2) “Department” means the Department of Highway Safety
 1027  and Motor Vehicles.
 1028         (4)(3) “Front-end assembly” means fenders, hood, grill, and
 1029  bumper.
 1030         (5)(4) “Licensed dealer,” unless otherwise specifically
 1031  provided, means a motor vehicle dealer licensed under s. 320.27,
 1032  a mobile home dealer licensed under s. 320.77, or a recreational
 1033  vehicle dealer licensed under s. 320.771.
 1034         (6)(5) “Motorcycle body assembly” means frame, fenders, and
 1035  gas tanks.
 1036         (7)(6) “Motorcycle engine” means cylinder block, heads,
 1037  engine case, and crank case.
 1038         (8)(7) “Motorcycle transmission” means drive train.
 1039         (9)(8) “New mobile home” means a mobile home the equitable
 1040  or legal title to which has never been transferred by a
 1041  manufacturer, distributor, importer, or dealer to an ultimate
 1042  purchaser.
 1043         (10)(9) “New motor vehicle” means a motor vehicle the
 1044  equitable or legal title to which has never been transferred by
 1045  a manufacturer, distributor, importer, or dealer to an ultimate
 1046  purchaser; however, when legal title is not transferred but
 1047  possession of a motor vehicle is transferred pursuant to a
 1048  conditional sales contract or lease and the conditions are not
 1049  satisfied and the vehicle is returned to the motor vehicle
 1050  dealer, the motor vehicle may be resold by the motor vehicle
 1051  dealer as a new motor vehicle, provided the selling motor
 1052  vehicle dealer gives the following written notice to the
 1053  purchaser: “THIS VEHICLE WAS DELIVERED TO A PREVIOUS PURCHASER.”
 1054  The purchaser shall sign an acknowledgment, a copy of which is
 1055  kept in the selling dealer’s file.
 1056         (11) “Private rebuilt inspection provider” means a person
 1057  or an entity conducting rebuilt motor vehicle inspections who is
 1058  physically located in this state and is authorized by the
 1059  department and operating under this chapter.
 1060         (12)(10) “Rear body section” means both quarter panels,
 1061  decklid, bumper, and floor pan.
 1062         (13) “Rebuilt courier service” means an individual or
 1063  entity who provides services to vehicle owners or motor vehicle
 1064  dealers who use the inspection services of a private rebuilt
 1065  inspection provider. These services include, but are not limited
 1066  to, preparing, compiling, or providing forms, applications,
 1067  certificates of title, or other documentation required to
 1068  conduct a rebuilt inspection, or engaging in or arranging for
 1069  the transportation of vehicles for inspection.
 1070         (14) “Rebuilt inspection” means an examination of a rebuilt
 1071  vehicle and the required documentation. Required documentation
 1072  includes, but is not limited to: a properly endorsed certificate
 1073  of title, salvage certificate of title, or manufacturer’s
 1074  statement of origin; an application for a rebuilt branded
 1075  certificate of title; a rebuilder’s affidavit; a photograph of
 1076  the junk or salvage vehicle taken before repairs began; receipts
 1077  or invoices for all major component parts, as defined in s.
 1078  319.30; repairs conducted; and proof that notice of rebuilding
 1079  of the vehicle has been reported to the National Motor Vehicle
 1080  Title Information System. If an airbag or airbags were deployed,
 1081  before and after photos must be provided which clearly show the
 1082  deployed airbags and that the airbags have been replaced.
 1083         (15)(11) “Satisfaction of lien” means full payment of a
 1084  debt or release of a debtor from a lien by the lienholder.
 1085         (16)(12) “Used motor vehicle” means any motor vehicle that
 1086  is not a “new motor vehicle” as defined in this section
 1087  subsection (9).
 1088         Section 21. Section 319.141, Florida Statutes, is amended
 1089  to read:
 1090         319.141 Private Pilot rebuilt motor vehicle inspection
 1091  program.—
 1092         (1) The department may authorize private rebuilt inspection
 1093  providers under the terms of this section. The purpose of the
 1094  private rebuilt motor vehicle inspection program is to prevent
 1095  the use of stolen parts in the rebuilding process, identify and
 1096  recover stolen vehicles, require the installation of nonrecalled
 1097  airbags in rebuilt vehicles, and assist law enforcement with the
 1098  investigation of vehicle theft and related fraud. The department
 1099  may monitor and investigate private rebuilt inspection providers
 1100  and rebuilt courier services to ensure compliance with this
 1101  chapter. The department may examine all records pertaining to
 1102  any inspection or related service performed under the program.
 1103         (1) As used in this section, the term:
 1104         (a) “Facility” means a rebuilt motor vehicle inspection
 1105  facility authorized and operating under this section.
 1106         (b) “Rebuilt inspection services” means an examination of a
 1107  rebuilt vehicle and a properly endorsed certificate of title,
 1108  salvage certificate of title, or manufacturer’s statement of
 1109  origin and an application for a rebuilt certificate of title, a
 1110  rebuilder’s affidavit, a photograph of the junk or salvage
 1111  vehicle taken before repairs began, receipts or invoices for all
 1112  major component parts, as defined in s. 319.30, and repairs
 1113  which were changed, and proof that notice of rebuilding of the
 1114  vehicle has been reported to the National Motor Vehicle Title
 1115  Information System.
 1116         (2) By July 1, 2015, the department shall oversee a pilot
 1117  program in Miami-Dade County to evaluate alternatives for
 1118  rebuilt inspection services offered by existing private sector
 1119  operators, including the continued use of private facilities,
 1120  the cost impact to consumers, and the potential savings to the
 1121  department.
 1122         (2) A person or an entity, other than the department, may
 1123  not conduct rebuilt inspection services unless authorized to do
 1124  so by the department pursuant to this chapter.
 1125         (3) A person or an entity may not provide rebuilt courier
 1126  services in this state or from locations outside of this state
 1127  unless it has a valid, nonexclusive contract with each
 1128  department-authorized private rebuilt inspection provider with
 1129  which the rebuilt courier service conducts business. Such
 1130  contract must require the rebuilt courier service to comply with
 1131  state law and department procedures; provide proof of and agree
 1132  to maintain garage liability insurance in the amount of at least
 1133  $100,000; and comply with any other requirement established by
 1134  the department which is designed to protect the public, the
 1135  department, or the private rebuilt inspection provider from
 1136  illegal or disruptive conduct.
 1137         (3) The department shall establish a memorandum of
 1138  understanding that allows private parties participating in the
 1139  pilot program to conduct rebuilt motor vehicle inspections and
 1140  specifies requirements for oversight, bonding and insurance,
 1141  procedures, and forms and requires the electronic transmission
 1142  of documents.
 1143         (4) The department shall authorize private rebuilt
 1144  inspection providers who meet the requirements of this chapter.
 1145         (5)(4) Before authorization is granted to a private rebuilt
 1146  inspection provider an applicant is approved, the department
 1147  shall ensure that the private rebuilt inspection provider meets
 1148  applicant meets basic criteria designed to protect the public.
 1149  At a minimum, the applicant shall meet all of the following
 1150  requirements:
 1151         (a) Has submitted a request for authorization to the
 1152  department along with all required documentation.
 1153         (b) Has passed a physical location inspection conducted by
 1154  the department to ensure that the private rebuilt inspection
 1155  provider is operating in accordance with the requirements of
 1156  this section and in a location where no other business is
 1157  operating, attached, connected, or joined by a common address,
 1158  even if such location is recognized by the United States Postal
 1159  Service as a separate address. The location must have permanent
 1160  signage with posted business hours; a rebuilt inspection area
 1161  separate and visually obstructed from any area accessible to a
 1162  customer; and a surveillance camera with recording capabilities
 1163  for the rebuilt inspection area.
 1164         (c)(a)Has provided evidence of a good and sufficient Have
 1165  and maintain a surety bond or irrevocable letter of credit in
 1166  the amount of $100,000 executed by the private rebuilt
 1167  inspection provider which covers all activities under the
 1168  private rebuilt motor vehicle inspection program and names the
 1169  department as an insured. Such surety bonds and letters of
 1170  credit must be executed by a surety company authorized to do
 1171  business in this state as a surety, and irrevocable letters of
 1172  credit must be issued by a bank authorized to do business in
 1173  this state as a bank. Surety bonds and letters of credit must be
 1174  in favor of the department and must be for 1 year applicant.
 1175         (d)(b)Has identified and provided a lease or proof of
 1176  ownership of a proposed location that must be open to the public
 1177  Secure and maintain a facility at a permanent structure at an
 1178  address recognized by the United States Postal Service where the
 1179  only services provided on such property are rebuilt inspection
 1180  services. The location must be large enough to accommodate all
 1181  of the vehicles being inspected and must have sufficient space
 1182  to maintain physical security of all required inspection records
 1183  The operator of a facility shall annually attest that he or she
 1184  is not employed by or does not have an ownership interest in or
 1185  other financial arrangement with the owner, operator, manager,
 1186  or employee of a motor vehicle repair shop as defined in s.
 1187  559.903, a motor vehicle dealer as defined in s. 320.27(1)(c), a
 1188  towing company, a vehicle storage company, a vehicle auction, an
 1189  insurance company, a salvage yard, a metal retailer, or a metal
 1190  rebuilder, from which he or she receives remuneration, directly
 1191  or indirectly, for the referral of customers for rebuilt
 1192  inspection services.
 1193         (e) Has ensured that each owner, partner, and corporate
 1194  officer of the provider has provided an attestation
 1195  acknowledging he or she is deemed to be engaging in activities
 1196  that are in the public interest and are free of conflicts of
 1197  interest.
 1198         (f)(c)Has provided evidence of garage liability insurance
 1199  coverage with at least $100,000 single-limit liability coverage,
 1200  including bodily injury and property damage protection, and
 1201  $10,000 personal injury protection Have and maintain garage
 1202  liability and other insurance required by the department.
 1203         (g)(d)Has provided a criminal background check on all Have
 1204  completed criminal background checks of the owners, partners,
 1205  and corporate officers which demonstrates that they have not
 1206  been:
 1207         1. Convicted of a felony, pled guilty to a felony, or pled
 1208  nolo contendere to a felony involving fraud, theft, or dishonest
 1209  dealing within the last 10 years; or
 1210         2. Incarcerated for a felony involving fraud, theft, or
 1211  dishonest dealing within the last 10 years and the inspectors
 1212  employed by the facility.
 1213         (h) Has provided evidence of authorization to conduct
 1214  business in the state from the Florida Department of State,
 1215  Division of Corporations.
 1216         (e) Meet any additional criteria the department determines
 1217  necessary to conduct proper inspections.
 1218         (6) Each authorized private rebuilt inspection provider may
 1219  operate additional locations in this state with the prior
 1220  written approval of the department. In determining whether to
 1221  approve a location, the department must apply the same criteria
 1222  as in paragraph (5)(b). A private rebuilt inspection provider
 1223  may operate a mobile inspection unit, with the prior written
 1224  approval of the department, as long as it also has a permanent
 1225  facility that meets the criteria specified in paragraph (5)(b),
 1226  and the operation of such mobile inspection unit complies with
 1227  the terms of the agreement with the department as specified in
 1228  paragraph (7)(l).
 1229         (7) The department shall enter into a contract with each
 1230  authorized private rebuilt inspection provider. The agreement
 1231  must include all of the following:
 1232         (a) A requirement that the provider maintain connections
 1233  with and use the department’s motor vehicle database, the
 1234  National Motor Vehicle Title Information System, and information
 1235  from the National Insurance Crime Bureau.
 1236         (b) A requirement that the provider follow department
 1237  policies and procedures when conducting rebuilt inspections.
 1238         (c) A requirement that the provider maintain the
 1239  confidentiality of all information received under the agreement
 1240  in accordance with chapter 119 and the Driver Protection Privacy
 1241  Act.
 1242         (d) A provision that the agreement is not assignable to a
 1243  third party, either in whole or in part, without the prior
 1244  written consent of the department.
 1245         (e) A provision that the private rebuilt inspection
 1246  provider agrees to submit to oversight by the department.
 1247         (f) A requirement that the provider maintain records
 1248  required by department policies and procedures, making those
 1249  records available to the department for inspection, and
 1250  complying with state public records laws.
 1251         (g) Provisions outlining penalties for noncompliance with
 1252  the agreement, including termination.
 1253         (h) Forms required to be utilized by the private rebuilt
 1254  inspection provider to document completion of the rebuilt
 1255  inspection process. These forms must include, but need not be
 1256  limited to, a completed and signed application for certificate
 1257  of title with or without registration; a completed and signed
 1258  statement of builder describing the process and major component
 1259  parts used in the rebuilding of the motor vehicle; a completed
 1260  and signed power of attorney for a motor vehicle, mobile home or
 1261  vessel, if applicable; and a completed and signed vehicle
 1262  identification number and odometer verification.
 1263         (i) A requirement that the provider report stolen parts or
 1264  vehicles.
 1265         (j) A requirement that the provider maintain a surety bond
 1266  and garage liability insurance.
 1267         (k) Conditions under which the agreement may be terminated
 1268  by either party.
 1269         (l) Requirements for the operation of a mobile inspection
 1270  unit, including, but not limited to, maintenance of general
 1271  liability insurance in the amount of $100,000 and commercial
 1272  automobile liability insurance on each mobile unit in the amount
 1273  of $100,000, physical security for indicia and inspection
 1274  records, maintenance of records at a permanent facility,
 1275  cooperation with department oversight requirements, maintenance
 1276  of a weekly schedule of planned rebuilt inspections,
 1277  installation of a camera to document inspections, and observance
 1278  of the confidentiality of the rebuilt inspection process.
 1279         (8)(5)Each authorized private rebuilt inspection provider
 1280  shall A participant in the program shall access vehicle and
 1281  title information and enter inspection results through an
 1282  electronic filing system authorized by the department and shall
 1283  maintain records of each rebuilt vehicle inspection processed by
 1284  the private rebuilt inspection provider at such facility for at
 1285  least 5 years.
 1286         (9)(6) The department may shall immediately terminate the
 1287  contract with any private rebuilt inspection provider operator
 1288  from the program who fails to meet the minimum eligibility
 1289  requirements of this section specified in subsection (4). Before
 1290  a change in ownership of a private rebuilt inspection provider
 1291  facility, the current owner operator must give the department 45
 1292  days’ written notice of the intended sale. The prospective owner
 1293  must meet the all eligibility requirements of this section and
 1294  execute a new contract memorandum of understanding with the
 1295  department before he or she begins operating as a private
 1296  rebuilt inspection provider the facility.
 1297         (7) This section is repealed on July 1, 2018, unless saved
 1298  from repeal through reenactment by the Legislature.
 1299         (10) By July 1 of each year, an authorized private rebuilt
 1300  inspection provider shall attest that it has complied with this
 1301  section and each owner, partner, and corporate officer must
 1302  affirm he or she is free from conflicts of interest.
 1303         (11) Private rebuilt inspection providers may charge a fee
 1304  for their services in addition to the fees in s. 319.32. This
 1305  additional fee shall be clearly disclosed to each customer on
 1306  his or her receipt and be conspicuously posted in an area
 1307  frequented by customers.
 1308         Section 22. Section 319.1411, Florida Statutes, is created
 1309  to read:
 1310         319.1411 Monitoring of private rebuilt inspection
 1311  providers.—The department may monitor and inspect the operations
 1312  of private rebuilt inspection providers as it deems necessary to
 1313  determine whether the private rebuilt inspection provider is
 1314  operating in compliance with this chapter and to determine if
 1315  the private rebuilt inspection provider has engaged in any of
 1316  the business practices prohibited under s. 319.1412.
 1317         Section 23. Section 319.1414, Florida Statutes, is created
 1318  to read:
 1319         319.1414 Investigations; examinations; subpoenas; hearings;
 1320  witnesses.—
 1321         (1) The department may conduct investigations and
 1322  examinations of department-authorized private rebuilt inspection
 1323  providers as it deems necessary to determine whether a person
 1324  has violated or is about to violate this chapter or a contract
 1325  entered into pursuant to this chapter or to assist with the
 1326  enforcement of this chapter.
 1327         (2) For purposes of any investigation or examination
 1328  conducted under this section, the department may exercise the
 1329  power of subpoena and the powers to administer oaths or
 1330  affirmations, to examine witnesses, to require affidavits, to
 1331  take depositions, and to compel the attendance of witnesses and
 1332  the production of books, papers, documents, records, and other
 1333  evidence. Such subpoenas may be served by a designated agent of
 1334  the department.
 1335         (3) If a person refuses to testify, produce books, papers,
 1336  documents, or records, or otherwise obey a subpoena or subpoena
 1337  duces tecum issued under subsection (2), the department may
 1338  petition a court of competent jurisdiction in the county where
 1339  the person’s residence or principal place of business is
 1340  located, upon which the court must issue an order requiring such
 1341  person to obey the subpoena or show cause for failing to obey
 1342  the subpoena. Unless the person shows sufficient cause for
 1343  failing to obey the subpoena, the court shall direct the person
 1344  to obey the subpoena and award costs incurred by the department
 1345  to obtain the order. Failure to comply with such order is
 1346  contempt of court.
 1347         (4) For the purpose of any investigation, examination, or
 1348  proceeding initiated by the department under this chapter, the
 1349  department is authorized to designate agents to serve subpoenas
 1350  and other process, and administer oaths or affirmations.
 1351         (5) Witnesses subpoenaed under this section are entitled to
 1352  witness fees at the same rate established by s. 92.142 for
 1353  witnesses in a civil case, except that witness fees are not
 1354  payable for appearance at the witness’s place of business during
 1355  regular business hours or at the witness’s residence.
 1356         (6) The department may adopt rules to administer this
 1357  section.
 1358         Section 24. Section 319.142, Florida Statutes, is created
 1359  to read:
 1360         319.142 Rules of conduct and prohibited business
 1361  practices.—
 1362         (1) Each of the following constitutes grounds for
 1363  termination of any and all contracts entered into with a private
 1364  rebuilt inspection provider pursuant to this chapter:
 1365         (a) Engaging in any business transaction or activity that
 1366  is in substantial conflict with the proper discharge of the
 1367  private rebuilt inspection provider’s duties in the public
 1368  interest.
 1369         (b) Allowing a vehicle to pass inspection knowing that
 1370  there was a material misrepresentation in the required
 1371  documentation or that the documentation submitted in support of
 1372  the inspection was counterfeit or materially altered.
 1373         (c) Failure to report to the department the identification
 1374  of a suspected stolen part or stolen vehicle during a rebuilt
 1375  inspection.
 1376         (d) In connection with providing private rebuilt inspection
 1377  services, engaging in any course of conduct that is fraud or
 1378  deceit upon the department, a dealer, or a vehicle owner.
 1379         (e) Knowingly falsifying department records or knowingly
 1380  providing materially false or misleading information to the
 1381  department.
 1382         (f) Failing to allow an examination or inspection of a
 1383  private rebuilt inspection provider facility, including a review
 1384  of books and records, by the department or law enforcement
 1385  during regular business hours.
 1386         (g) Passing a vehicle through inspection without having a
 1387  reasonable basis to believe that all airbags that are subject to
 1388  a safety recall issued by the National Highway Transportation
 1389  Safety Administration were replaced with airbags not subject to
 1390  such a safety recall.
 1391         (h) Failure to timely respond to a subpoena issued by the
 1392  department.
 1393         (i) Conducting rebuilt inspection services at a physical
 1394  location not approved in writing by the department or providing
 1395  services from a mobile unit not approved in writing by the
 1396  department.
 1397         (j) Failure to maintain at all times a garage liability
 1398  insurance in the amount of at least $100,000.
 1399         (k) Failure to maintain at all times a good and sufficient
 1400  surety bond or irrevocable letter of credit in the amount of
 1401  $100,000 which covers all activities under the private rebuilt
 1402  motor vehicle inspection program and names the department as an
 1403  insured.
 1404         (l) Violation of this section or the contract between the
 1405  department and the private rebuilt inspection provider.
 1406         (m) The use of advertising that would reasonably lead the
 1407  public to believe that the provider was or is an employee or
 1408  representative of the department, or the use in its name of the
 1409  terms “Department of Highway Safety and Motor Vehicles,” “DMV,”
 1410  “DHSMV,” “FLHSMV,” or “HSMV” or any other terms or logos that
 1411  that are associated with the department.
 1412         (2) Written notice of termination of a contract under this
 1413  section must be provided before termination of the contract.
 1414         Section 25. Section 319.25, Florida Statutes, is amended to
 1415  read:
 1416         319.25 Cancellation of certificates; investigations;
 1417  subpoenas and other process; oaths; rules.—
 1418         (1) If it appears that a certificate of title has been
 1419  improperly issued, the department shall cancel the certificate.
 1420  Upon cancellation of any certificate of title, the department
 1421  shall notify the person to whom the certificate of title was
 1422  issued, as well as any lienholders appearing thereon, of the
 1423  cancellation and shall demand the surrender of the certificate
 1424  of title, but the cancellation shall not affect the validity of
 1425  any lien noted thereon. The holder of the certificate of title
 1426  shall return it to the department forthwith. If a certificate of
 1427  registration has been issued to the holder of a certificate of
 1428  title so canceled, the department shall immediately cancel the
 1429  certificate of registration and demand the return of such
 1430  certificate of registration and license plate or mobile home
 1431  sticker; and the holder of such certificate of registration and
 1432  license plate or sticker shall return them to the department
 1433  forthwith.
 1434         (2) The department is authorized, upon application of any
 1435  person and payment of the proper fees, to prepare and furnish
 1436  lists containing title information in such form as the
 1437  department may authorize, to search the records of the
 1438  department and make reports thereof, and to make photographic
 1439  copies of the department records and attestations thereof,
 1440  except as provided in chapter 119.
 1441         (3) The department may conduct investigations and
 1442  examinations of any person suspected of violating or of having
 1443  violated this chapter or any rule adopted or order issued under
 1444  this chapter.
 1445         (4) For purposes of any investigation or examination
 1446  conducted under this section, the department may exercise the
 1447  power of subpoena and the powers to administer oaths or
 1448  affirmations, to examine witnesses, to require affidavits, to
 1449  take depositions, and to compel the attendance of witnesses and
 1450  the production of books, papers, documents, records, and other
 1451  evidence. Such subpoenas may be served by an authorized
 1452  representative of the department.
 1453         (5) If a person refuses to testify, produce books, papers,
 1454  documents, or records, or otherwise obey the subpoena or
 1455  subpoena duces tecum issued under subsection (4), the department
 1456  may petition a court of competent jurisdiction in the county
 1457  where the person’s residence or principal place of business is
 1458  located, upon which the court must issue an order requiring such
 1459  person to obey the subpoena or show cause for failing to obey
 1460  the subpoena. Unless the person shows sufficient cause for
 1461  failing to obey the subpoena, the court must direct the person
 1462  to obey the subpoena and award costs incurred by the department
 1463  to obtain the order. Failure to comply with such order is
 1464  contempt of court.
 1465         (6) For the purpose of any investigation, examination, or
 1466  proceeding initiated by the department under this chapter, the
 1467  department is authorized to designate agents to serve subpoenas
 1468  and other process, and administer oaths or affirmations.
 1469         (7) Witnesses subpoenaed under this section are entitled to
 1470  witness fees at the same rate established by s. 92.142 for
 1471  witnesses in a civil case, except that witness fees are not
 1472  payable for appearance at the witness’s place of business during
 1473  regular business hours or at the witness’s residence.
 1474         (8)The department may adopt rules to administer this
 1475  section.
 1476         Section 26. Contingent upon the enactment of Senate Bill
 1477  7094 or other similar legislation enacted in the 2019 Regular
 1478  Session or an extension thereof, subsection (3) of section
 1479  319.40, Florida Statutes, is amended to read:
 1480         319.40 Transactions by electronic or telephonic means.—
 1481         (3) The department or tax collector may collect electronic
 1482  mail addresses or cellular telephone numbers and use electronic
 1483  mail or text messages in lieu of the United States Postal
 1484  Service as a method of notification and for the purpose of
 1485  providing information related to Department of Highway Safety
 1486  and Motor Vehicles functions in accordance with chapter 119 and
 1487  pursuant to the federal Driver Privacy Protection Act of 1994,
 1488  18 U.S.C. ss. 2721 et seq. However, any notice regarding the
 1489  potential forfeiture or foreclosure of an interest in property
 1490  must be sent via the United States Postal Service. The provision
 1491  of electronic mail addresses and cellular telephone numbers by
 1492  the applicant is optional and, before collection pursuant to
 1493  this subsection, the department or tax collector shall disclose
 1494  to the applicant the purposes for which the electronic mail
 1495  addresses and cellular telephone numbers may be used.
 1496         Section 27. Subsection (24) of section 320.01, Florida
 1497  Statutes, is amended to read:
 1498         320.01 Definitions, general.—As used in the Florida
 1499  Statutes, except as otherwise provided, the term:
 1500         (24) “Apportionable vehicle” means any vehicle, except
 1501  recreational vehicles, vehicles displaying restricted plates,
 1502  city pickup and delivery vehicles, buses used in transportation
 1503  of chartered parties, and government-owned vehicles, which is
 1504  used or intended for use in two or more member jurisdictions
 1505  that allocate or proportionally register vehicles and which is
 1506  used for the transportation of persons for hire or is designed,
 1507  used, or maintained primarily for the transportation of property
 1508  and:
 1509         (a) Is a power unit having a gross vehicle weight in excess
 1510  of 26,000 pounds;
 1511         (b) Is a power unit having three or more axles, regardless
 1512  of weight; or
 1513         (c) Is used in combination, when the weight of such
 1514  combination exceeds 26,000 pounds gross vehicle weight.
 1515  
 1516  Vehicles, or combinations thereof, having a gross vehicle weight
 1517  of 26,000 pounds or less and two-axle vehicles may be
 1518  proportionally registered.
 1519         Section 28. Paragraph (b) of subsection (4) of section
 1520  320.03, Florida Statutes, is amended to read:
 1521         320.03 Registration; duties of tax collectors;
 1522  International Registration Plan.—
 1523         (4)
 1524         (b) The Florida Real Time Vehicle Information System shall
 1525  be installed in every tax collector’s and license tag agent’s
 1526  office in accordance with a schedule established by the
 1527  department in consultation with the tax collectors and
 1528  contingent upon funds being made available for the system by the
 1529  state. For the purpose of enhancing customer services provided
 1530  by tax collectors acting on behalf of the department, the
 1531  department, contingent upon an approved request and memorandum
 1532  of understanding, shall provide tax collectors, and tax
 1533  collector-approved agents and vendors with real-time access to
 1534  data that other third parties receive from the department
 1535  related to vehicle and mobile home registration certificates,
 1536  registration license plates, and validation stickers, including,
 1537  but not limited to, the most current address information and
 1538  electronic mail addresses of applicants. The memorandum of
 1539  understanding as required under this paragraph may not be more
 1540  restrictive than any memorandum of understanding between the
 1541  department and other third-party vendors.
 1542         Section 29. Contingent upon the enactment of Senate Bill
 1543  7092 or other similar legislation enacted in the 2019 Regular
 1544  Session or an extension thereof, paragraph (b) of subsection (1)
 1545  of section 320.06, Florida Statutes, is amended to read:
 1546         320.06 Registration certificates, license plates, and
 1547  validation stickers generally.—
 1548         (1)
 1549         (b)1. Registration license plates bearing a graphic symbol
 1550  and the alphanumeric system of identification shall be issued
 1551  for a 10-year period. At the end of the 10-year period, upon
 1552  renewal, the plate shall be replaced. The department shall
 1553  extend the scheduled license plate replacement date from a 6
 1554  year period to a 10-year period. The fee for such replacement is
 1555  $28, $2.80 of which shall be paid each year before the plate is
 1556  replaced, to be credited toward the next $28 replacement fee.
 1557  The fees shall be deposited into the Highway Safety Operating
 1558  Trust Fund. A credit or refund may not be given for any prior
 1559  years’ payments of the prorated replacement fee if the plate is
 1560  replaced or surrendered before the end of the 10-year period,
 1561  except that a credit may be given if a registrant is required by
 1562  the department to replace a license plate under s.
 1563  320.08056(8)(a). With each license plate, a validation sticker
 1564  shall be issued showing the owner’s birth month, license plate
 1565  number, and the year of expiration or the appropriate renewal
 1566  period if the owner is not a natural person. The validation
 1567  sticker shall be placed on the upper right corner of the license
 1568  plate. The license plate and validation sticker shall be issued
 1569  based on the applicant’s appropriate renewal period. The
 1570  registration period is 12 months, the extended registration
 1571  period is 24 months, and all expirations occur based on the
 1572  applicant’s appropriate registration period.
 1573         2. A vehicle that has an apportioned registration shall be
 1574  issued an annual license plate and a cab card denoting that
 1575  denote the declared gross vehicle weight for each apportioned
 1576  jurisdiction in which the vehicle is authorized to operate. This
 1577  subparagraph expires January 1, 2023.
 1578         3. Upon implementation of a new operating system for
 1579  apportioned vehicle registration, a vehicle registered in
 1580  accordance with the International Registration Plan must be
 1581  issued a license plate for a 5-year period, an annual cab card
 1582  denoting the declared gross vehicle weight for each apportioned
 1583  jurisdiction, and an annual validation sticker showing the month
 1584  and year of expiration. The validation sticker must be placed in
 1585  the center of the license plate. The license plate and
 1586  validation sticker must be issued based on the applicant’s
 1587  appropriate renewal period. The registration period is 12
 1588  months. This fee must be deposited into the Highway Safety
 1589  Operating Trust Fund. If the license plate is damaged or worn,
 1590  it may be replaced at no charge by applying to the department
 1591  and surrendering the current license plate.
 1592         4.2. In order to retain the efficient administration of the
 1593  taxes and fees imposed by this chapter, the 80-cent fee increase
 1594  in the replacement fee imposed by chapter 2009-71, Laws of
 1595  Florida, is negated as provided in s. 320.0804.
 1596         Section 30. Subsection (2) of section 320.06, Florida
 1597  Statutes, is amended to read:
 1598         320.06 Registration certificates, license plates, and
 1599  validation stickers generally.—
 1600         (2) The department shall provide the several tax collectors
 1601  and license plate agents with the necessary number of validation
 1602  stickers. However, the tax collectors and their agents shall
 1603  have the option to purchase validation stickers and paper stock
 1604  that is used to produce vehicle registrations from the
 1605  department’s contracted vendor or from other vendors if such
 1606  items meet the department’s specifications and are procured at
 1607  prices that are at or lower than the pricing reflected in the
 1608  department’s existing contracts for procuring these items. Such
 1609  purchases by the tax collectors and their agents are exempt from
 1610  the competitive bid requirements of chapter 287. The department
 1611  shall reimburse the tax collectors and their agents for these
 1612  purchases, but reimbursement may not be made at prices higher
 1613  than the pricing contained in the department’s existing
 1614  contract. The tax collectors and their agents shall invoice the
 1615  department in arrears for the validation stickers and vehicle
 1616  registrations as they are issued.
 1617         Section 31. Section 320.0605, Florida Statutes, is amended
 1618  to read:
 1619         320.0605 Certificate of registration; possession required;
 1620  exception.—
 1621         (1)(a) The registration certificate or an official copy
 1622  thereof, a true copy or an electronic copy of rental or lease
 1623  documentation issued for a motor vehicle or issued for a
 1624  replacement vehicle in the same registration period, a temporary
 1625  receipt printed upon self-initiated electronic renewal of a
 1626  registration via the Internet, or a cab card issued for a
 1627  vehicle registered under the International Registration Plan
 1628  shall, at all times while the vehicle is being used or operated
 1629  on the roads of this state, be in the possession of the operator
 1630  thereof or be carried in the vehicle for which issued and shall
 1631  be exhibited upon demand of any authorized law enforcement
 1632  officer or any agent of the department, except for a vehicle
 1633  registered under s. 320.0657. The provisions of This section
 1634  does do not apply during the first 30 days after purchase of a
 1635  replacement vehicle. A violation of this section is a
 1636  noncriminal traffic infraction, punishable as a nonmoving
 1637  violation as provided in chapter 318.
 1638         (b)1. The act of presenting to a law enforcement officer or
 1639  an agent of the department an electronic device displaying an
 1640  electronic copy of rental or lease documentation does not
 1641  constitute consent for the officer or agent to access any
 1642  information on the device other than the displayed rental or
 1643  lease documentation.
 1644         2. The person who presents the device to the officer or
 1645  agent assumes liability for any resulting damage to the device.
 1646         (2) Rental or lease documentation that is sufficient to
 1647  satisfy the requirement in subsection (1) includes the
 1648  following:
 1649         (a) Date of rental and time of exit from rental facility;
 1650         (b) Rental station identification;
 1651         (c) Rental agreement number;
 1652         (c)(d) Rental vehicle identification number;
 1653         (d)(e) Rental vehicle license plate number and state of
 1654  registration;
 1655         (e)(f) Vehicle’s make, model, and color;
 1656         (f)(g) Vehicle’s mileage; and
 1657         (g)(h) Authorized renter’s name.
 1658         Section 32. Subsection (5) of section 320.0607, Florida
 1659  Statutes, is amended to read:
 1660         320.0607 Replacement license plates, validation decal, or
 1661  mobile home sticker.—
 1662         (5) Upon the issuance of an original license plate, the
 1663  applicant shall pay a fee of $28 to be deposited in the Highway
 1664  Safety Operating Trust Fund. Upon implementation of a new
 1665  operating system for apportioned vehicle registrations, this
 1666  subsection does not apply to a vehicle registered under the
 1667  International Registration Plan.
 1668         Section 33. Subsection (10) is added to section 320.131,
 1669  Florida Statutes, to read:
 1670         320.131 Temporary tags.—
 1671         (10) The department may partner with a county tax collector
 1672  to conduct a Fleet Vehicle Temporary Tag Pilot Program to
 1673  provide temporary tags to fleet companies to allow them to
 1674  operate fleet vehicles awaiting a permanent registration and
 1675  title.
 1676         (a) The department shall enter into a memorandum of
 1677  understanding that allows up to 10 companies to participate in
 1678  the pilot program and to receive multiple temporary tags for
 1679  company fleet vehicles.
 1680         (b) To participate in the program, a fleet company must
 1681  have at least 3,500 fleet vehicles registered in this state
 1682  which qualify to be registered as fleet vehicles pursuant to s.
 1683  320.0657.
 1684         (c) The department, upon the request of an eligible fleet
 1685  company, may issue up to 50 temporary tags per request to such
 1686  company.
 1687         (d) A temporary tag issued under this subsection is for
 1688  exclusive use on a vehicle purchased for the company’s fleet and
 1689  may not be used on any other vehicle.
 1690         (e) Each temporary tag may be used on only one vehicle, and
 1691  each vehicle may use only one temporary tag.
 1692         (f) Upon issuance of the vehicle’s permanent license plate
 1693  and registration, the temporary tag becomes invalid and must be
 1694  removed from the vehicle and destroyed.
 1695         (g) Upon a finding by the department that a temporary tag
 1696  has been misused by a fleet company under the program, the
 1697  department may terminate the memorandum of understanding with
 1698  the company, invalidate all temporary tags issued to the company
 1699  under the program, and require such company to return any unused
 1700  temporary tags.
 1701         (h) The issuance of a tag using this method must be
 1702  reported to the department within 2 business days, not including
 1703  weekends or state holidays, after the issuance of the tag. The
 1704  county tax collector shall keep a record of each temporary tag
 1705  issued. The record must include the date of issuance, tag number
 1706  issued, vehicle identification number, and vehicle description.
 1707         (i) This subsection is repealed October 1, 2022, unless
 1708  saved from repeal through reenactment by the Legislature.
 1709         Section 34. Paragraph (g) is added to subsection (1) of
 1710  section 320.27, Florida Statutes, and paragraph (a) of
 1711  subsection (9) and subsection (11) of that section are amended,
 1712  to read:
 1713         320.27 Motor vehicle dealers.—
 1714         (1) DEFINITIONS.—The following words, terms, and phrases
 1715  when used in this section have the meanings respectively
 1716  ascribed to them in this subsection, except where the context
 1717  clearly indicates a different meaning:
 1718         (g) “Control person” means any person who has significant
 1719  authority, directly or indirectly, to direct the management or
 1720  policies of a company, whether through ownership, by contract,
 1721  or otherwise. The term includes any person who is an owner,
 1722  director, general partner, officer, manager, or employee
 1723  exercising decisionmaking responsibility or exercising similar
 1724  executive status or functions. The term does not include an
 1725  employee whose function is only clerical, ministerial, or in
 1726  sales under the supervision of an owner or manager or other
 1727  person exercising decisionmaking responsibility.
 1728         (9) DENIAL, SUSPENSION, OR REVOCATION.—
 1729         (a) The department may deny a new or renewal application
 1730  for or, suspend, or revoke any license issued hereunder or under
 1731  the provisions of s. 320.77 or s. 320.771 upon proof that an
 1732  applicant or a licensee has:
 1733         1. Committed fraud or willful misrepresentation in
 1734  application for or in obtaining a license.
 1735         2. Been convicted of a felony and either has not completed
 1736  the resulting felony sentence or has completed the felony
 1737  sentence less than 10 years from the date of licensure
 1738  application.
 1739         3. Failed to honor a bank draft or check given to a motor
 1740  vehicle dealer for the purchase of a motor vehicle by another
 1741  motor vehicle dealer within 10 days after notification that the
 1742  bank draft or check has been dishonored. If the transaction is
 1743  disputed, the maker of the bank draft or check shall post a bond
 1744  in accordance with the provisions of s. 559.917, and no
 1745  proceeding for revocation or suspension shall be commenced until
 1746  the dispute is resolved.
 1747         4.a. Failed to provide payment within 10 business days to
 1748  the department for a check payable to the department that was
 1749  dishonored due to insufficient funds in the amount due plus any
 1750  statutorily authorized fee for uttering a worthless check. The
 1751  department shall notify an applicant or licensee when the
 1752  applicant or licensee makes payment to the department by a check
 1753  that is subsequently dishonored by the bank due to insufficient
 1754  funds. The applicant or licensee shall, within 10 business days
 1755  after receiving the notice, provide payment to the department in
 1756  the form of cash in the amount due plus any statutorily
 1757  authorized fee. If the applicant or licensee fails to make such
 1758  payment within 10 business days, the department may deny,
 1759  suspend, or revoke the applicant’s or licensee’s motor vehicle
 1760  dealer license.
 1761         b. Stopped payment on a check payable to the department,
 1762  issued a check payable to the department from an account that
 1763  has been closed, or charged back a credit card transaction to
 1764  the department. If an applicant or licensee commits any such
 1765  act, the department may deny, suspend, or revoke the applicant’s
 1766  or licensee’s motor vehicle dealer license.
 1767         5.a. Previously owned a majority interest in, or acted as a
 1768  control person of, a motor vehicle dealer that, within the past
 1769  10 years, has been the subject of any decision, finding,
 1770  injunction, suspension, revocation, denial, judgment, or
 1771  administrative order by any court of competent jurisdiction,
 1772  administrative law judge, or any state agency which resulted in
 1773  a finding of violation of any federal or state law relating to
 1774  unlicensed activity or fraud in connection with the sale of a
 1775  motor vehicle.
 1776         b. Knowingly employed or contracted with a person under
 1777  sub-subparagraph a. or a person who has been convicted of a
 1778  felony and either has not completed the resulting felony
 1779  sentence or completed the felony sentence less than 10 years
 1780  from the date of licensure application as a control person.
 1781         (11) INJUNCTION.—
 1782         (a) In addition to the remedies provided in this chapter
 1783  and notwithstanding the existence of any adequate remedy at law,
 1784  the department is authorized to make application to any circuit
 1785  court of the state, and such circuit court shall have
 1786  jurisdiction, upon a hearing and for cause shown, to grant a
 1787  temporary or permanent injunction, or both, restraining any
 1788  person from acting as a motor vehicle dealer under the terms of
 1789  this section without being properly licensed hereunder, from
 1790  violating or continuing to violate any of the provisions of
 1791  chapter 319, this chapter, or ss. 559.901-559.9221, or for
 1792  failing or refusing to comply with the requirements of chapter
 1793  319, this chapter, or ss. 559.901-559.9221, or any rule or
 1794  regulation adopted thereunder, such injunction to be issued
 1795  without bond. A single act in violation of the provisions of
 1796  chapter 319, this chapter, or chapter 559 shall be sufficient to
 1797  authorize the issuance of an injunction.
 1798         (b) If the court grants the injunction, the court may bar,
 1799  permanently or for a specific time, any person found to have
 1800  violated any federal or state law relating to unlicensed
 1801  activity or fraud in connection with the sale of a motor
 1802  vehicle. A person who is barred by the court under this
 1803  paragraph may not continue in any capacity within the industry.
 1804  The person may not have a management, sales, or any other role
 1805  in the operation of a dealership. Further, if permanently
 1806  barred, the person may not derive income from the dealership
 1807  beyond reasonable compensation for the sale of his or her
 1808  ownership interest in the business.
 1809         Section 35. Subsection (2) of section 320.8232, Florida
 1810  Statutes, is amended to read:
 1811         320.8232 Establishment of uniform standards for used
 1812  recreational vehicles and repair and remodeling code for mobile
 1813  homes.—
 1814         (2) The provisions of the Mobile and Manufactured Home
 1815  Repair and Remodeling Code shall be a uniform code and repair
 1816  and remodeling code shall ensure safe and livable housing and
 1817  shall not be more stringent than those standards required to be
 1818  met in the manufacture of mobile homes. Such provisions shall
 1819  include, but not be limited to, standards for structural
 1820  adequacy, plumbing, heating, electrical systems, and fire and
 1821  life safety. All repair and remodeling of mobile and
 1822  manufactured homes shall be done in accordance with department
 1823  rules.
 1824         Section 36. Section 320.861, Florida Statutes, is amended
 1825  to read:
 1826         320.861 Investigations; subpoenas and other process; oaths;
 1827  rules Inspection of records; production of evidence; subpoena
 1828  power.—
 1829         (1) The department may conduct investigations and
 1830  examinations on any person suspected of violating or of having
 1831  violated this chapter or any rule adopted or order issued
 1832  thereunder inspect the pertinent books, records, letters, and
 1833  contracts of any licensee, whether dealer or manufacturer,
 1834  relating to any written complaint made to it against such
 1835  licensee.
 1836         (2) For purposes of any investigation or examination
 1837  conducted under this section, the department may is granted and
 1838  authorized to exercise the power of subpoena and the powers to
 1839  administer oaths or affirmations, to examine witnesses, to
 1840  require affidavits, to take depositions, and to compel the
 1841  attendance of witnesses and the production of books, papers,
 1842  documents, records, and other evidence. Such subpoenas may be
 1843  served by a designated agent of the department for the
 1844  attendance of witnesses and the production of any documentary
 1845  evidence necessary to the disposition by it of any written
 1846  complaint against any licensee, whether dealer or manufacturer.
 1847         (3) If a person refuses to testify; to produce books,
 1848  papers, documents, or records; or to otherwise obey the subpoena
 1849  or subpoena duces tecum issued under subsection (2), the
 1850  department may petition a court of competent jurisdiction in the
 1851  county where the person’s residence or principal place of
 1852  business is located, upon which the court must issue an order
 1853  requiring such person to obey the subpoena or show cause for
 1854  failing to obey the subpoena. Unless the person shows sufficient
 1855  cause for failing to obey the subpoena, the court must direct
 1856  the person to obey the subpoena and award costs incurred by the
 1857  department to obtain the order. Failure to comply with such
 1858  order constitutes contempt of court.
 1859         (4) For the purpose of any investigation, examination, or
 1860  proceeding initiated by the department under this chapter, the
 1861  department may designate agents to serve subpoenas and other
 1862  process and administer oaths or affirmations. The department
 1863  shall exercise this power on its own initiative in accordance
 1864  with ss. 320.615 and 320.71.
 1865         (5) Witnesses subpoenaed under this section are entitled to
 1866  witness fees at the same rate established by s. 92.142 for
 1867  witnesses in a civil case, except that witness fees are not
 1868  payable for appearance at the witness’s place of business during
 1869  regular business hours or at the witness’s residence.
 1870         (6) The department may adopt rules to administer this
 1871  section.
 1872         Section 37. Contingent upon the enactment of Senate Bill
 1873  7094 or other similar legislation enacted in the 2019 Regular
 1874  Session or an extension thereof, subsection (2) of section
 1875  320.95, Florida Statutes, is amended to read:
 1876         320.95 Transactions by electronic or telephonic means.—
 1877         (2) The department or tax collector may collect electronic
 1878  mail addresses or cellular telephone numbers and use electronic
 1879  mail or text messages in lieu of the United States Postal
 1880  Service for the purpose of providing information related to
 1881  Department of Highway Safety and Motor Vehicles functions in
 1882  accordance with chapter 119 and pursuant to the federal Driver
 1883  Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
 1884  provision of electronic mail addresses and cellular telephone
 1885  numbers by the applicant is optional and, before collection
 1886  pursuant to this subsection, the department or tax collector
 1887  shall disclose to the applicant the purposes for which the
 1888  electronic mail addresses and cellular telephone numbers may be
 1889  used renewal notices.
 1890         Section 38. Subsection (1) of section 321.05, Florida
 1891  Statutes, is amended to read:
 1892         321.05 Duties, functions, and powers of patrol officers.
 1893  The members of the Florida Highway Patrol are hereby declared to
 1894  be conservators of the peace and law enforcement officers of the
 1895  state, with the common-law right to arrest a person who, in the
 1896  presence of the arresting officer, commits a felony or commits
 1897  an affray or breach of the peace constituting a misdemeanor,
 1898  with full power to bear arms; and they shall apprehend, without
 1899  warrant, any person in the unlawful commission of any of the
 1900  acts over which the members of the Florida Highway Patrol are
 1901  given jurisdiction as hereinafter set out and deliver him or her
 1902  to the sheriff of the county that further proceedings may be had
 1903  against him or her according to law. In the performance of any
 1904  of the powers, duties, and functions authorized by law, members
 1905  of the Florida Highway Patrol have the same protections and
 1906  immunities afforded other peace officers, which shall be
 1907  recognized by all courts having jurisdiction over offenses
 1908  against the laws of this state, and have authority to apply for,
 1909  serve, and execute search warrants, arrest warrants, capias, and
 1910  other process of the court. The patrol officers under the
 1911  direction and supervision of the Department of Highway Safety
 1912  and Motor Vehicles shall perform and exercise throughout the
 1913  state the following duties, functions, and powers:
 1914         (1) To patrol the state highways and regulate, control, and
 1915  direct the movement of traffic thereon; to maintain the public
 1916  peace by preventing violence on highways; to apprehend fugitives
 1917  from justice; to enforce all laws regulating and governing
 1918  traffic, travel, and public safety upon the public highways and
 1919  providing for the protection of the public highways and public
 1920  property thereon, including the security and safety of this
 1921  state’s transportation infrastructure; to make arrests without
 1922  warrant for the violation of any state law committed in their
 1923  presence in accordance with state law; providing that no search
 1924  may be made unless it is incident to a lawful arrest, to
 1925  regulate and direct traffic concentrations and congestions; to
 1926  enforce laws governing the operation, licensing, and taxing and
 1927  limiting the size, weight, width, length, and speed of vehicles
 1928  and licensing and controlling the operations of drivers and
 1929  operators of vehicles, including the safety, size, and weight of
 1930  commercial motor vehicles; to collect all state fees and
 1931  revenues levied as an incident to the use or right to use the
 1932  highways for any purpose, including the taxing and registration
 1933  of commercial motor vehicles; to require the drivers of vehicles
 1934  to stop and exhibit their driver licenses, registration cards,
 1935  or documents required by law to be carried by such vehicles; to
 1936  investigate traffic crashes accidents, secure testimony of
 1937  witnesses and of persons involved, and make report thereof with
 1938  copy, if requested in writing, to any person in interest or his
 1939  or her attorney; to investigate reported thefts of vehicles; and
 1940  to seize contraband or stolen property on or being transported
 1941  on the highways. Each patrol officer of the Florida Highway
 1942  Patrol is subject to and has the same arrest and other authority
 1943  provided for law enforcement officers generally in chapter 901
 1944  and has statewide jurisdiction. Each officer also has arrest
 1945  authority as provided for state law enforcement officers in s.
 1946  901.15. This section does not conflict with, but is supplemental
 1947  to, chapter 933.
 1948         Section 39. Section 321.065, Florida Statutes, is amended
 1949  to read:
 1950         321.065 Traffic crash accident investigation officers;
 1951  employment; standards.—The department may employ traffic crash
 1952  accident investigation officers who must complete any applicable
 1953  standards adopted by the Florida Highway Patrol, including, but
 1954  not limited to: cognitive testing, drug testing, polygraph
 1955  testing, psychological testing, and an extensive background
 1956  check, including a credit check.
 1957         Section 40. Paragraph (d) of subsection (2) of section
 1958  321.23, Florida Statutes, is amended to read:
 1959         321.23 Public records; fees for copies; destruction of
 1960  obsolete records; photographing records; effect as evidence.—
 1961         (2) Fees for copies of public records shall be charged and
 1962  collected as follows:
 1963         (d) Photographs (crashes accidents, etc.):
 1964  
 1965             EnlargementProof             Color        Black &White 
 1966       1.         5″ x 7″                 $1.00            $0.75    
 1967       2.        8″ x 10″                 $1.50            $1.00    
 1968       3.        11″ x 14″            Not Available        $1.75    
 1969       4.        16″ x 20″            Not Available        $2.75    
 1970       5.        20″ x 24″            Not Available        $3.75    
 1971  
 1972  
 1973  The department shall furnish such information without charge to
 1974  any local, state, or federal law enforcement agency upon proof
 1975  satisfactory to the department as to the purpose of the
 1976  investigation.
 1977         Section 41. Paragraph (a) of subsection (2) of section
 1978  322.051, Florida Statutes, is amended to read:
 1979         322.051 Identification cards.—
 1980         (2)(a) Every identification card:
 1981         1. Issued to a person 5 years of age to 14 years of age
 1982  shall expire, unless canceled earlier, on the fourth birthday of
 1983  the applicant following the date of original issue.
 1984         2. Issued to a person 15 years of age and older shall
 1985  expire, unless canceled earlier, on the eighth birthday of the
 1986  applicant following the date of original issue.
 1987  
 1988  Renewal of an identification card shall be made for the
 1989  applicable term enumerated in this paragraph. Any application
 1990  for renewal received later than 12 months 90 days after
 1991  expiration of the identification card shall be considered the
 1992  same as an application for an original identification card.
 1993         Section 42. Paragraphs (a) and (b) of subsection (4) of
 1994  section 322.0602, Florida Statutes, are amended to read:
 1995         322.0602 Youthful Drunk Driver Visitation Program.—
 1996         (4) VISITATION REQUIREMENT.—
 1997         (a) To the extent that personnel and facilities are made
 1998  available to the court, the court may include a requirement for
 1999  supervised visitation by the probationer to all, or any, of the
 2000  following:
 2001         1. A trauma center, as defined in s. 395.4001, or a
 2002  hospital as defined in s. 395.002, which regularly receives
 2003  victims of vehicle crashes accidents, between the hours of 10
 2004  p.m. and 2 a.m. on a Friday or Saturday night, in order to
 2005  observe appropriate victims of vehicle crashes accidents
 2006  involving drinking drivers, under the supervision of any of the
 2007  following:
 2008         a. A registered nurse trained in providing emergency trauma
 2009  care or prehospital advanced life support.
 2010         b. An emergency room physician.
 2011         c. An emergency medical technician.
 2012         2. A licensed service provider, as defined in s. 397.311,
 2013  which cares for substance abuse impaired persons, to observe
 2014  persons in the terminal stages of substance abuse impairment,
 2015  under the supervision of appropriately licensed medical
 2016  personnel. Prior to any visitation of such terminally ill or
 2017  disabled persons, the persons or their legal representatives
 2018  must give their express consent to participate in the visitation
 2019  program.
 2020         3. If approved by the county coroner, the county coroner’s
 2021  office or the county morgue to observe appropriate victims of
 2022  vehicle crashes accidents involving drinking drivers, under the
 2023  supervision of the coroner or a deputy coroner.
 2024         (b) As used in this section, the term “appropriate victims”
 2025  means victims or their legal representatives, including the next
 2026  of kin, who have expressly given their consent to participate in
 2027  the visitation program and victims whose condition is determined
 2028  by the visitation supervisor to demonstrate the results of
 2029  crashes accidents involving drinking drivers without being
 2030  excessively gruesome or traumatic to the probationer.
 2031         Section 43. Contingent upon the enactment of Senate Bill
 2032  7094 or other similar legislation enacted in the 2019 Regular
 2033  Session or an extension thereof, subsection (10) of section
 2034  322.08, Florida Statutes, is amended to read:
 2035         322.08 Application for license; requirements for license
 2036  and identification card forms.—
 2037         (10) The department or tax collector may collect electronic
 2038  mail addresses or cellular telephone numbers and use electronic
 2039  mail or text messages in lieu of the United States Postal
 2040  Service for the purpose of providing information related to
 2041  Department of Highway Safety and Motor Vehicles functions in
 2042  accordance with chapter 119 and pursuant to the federal Driver
 2043  Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
 2044  provision of electronic mail addresses and cellular telephone
 2045  numbers by the applicant is optional and, before collection
 2046  pursuant to this subsection, the department or tax collector
 2047  shall disclose to the applicant the purposes for which the
 2048  electronic mail addresses and cellular telephone numbers may be
 2049  used renewal notices.
 2050         Section 44. Subsection (5) of section 322.091, Florida
 2051  Statutes, is amended to read:
 2052         322.091 Attendance requirements.—
 2053         (5) REPORTING AND ACCOUNTABILITY.—The department shall make
 2054  available, upon request, a report quarterly to each school
 2055  district which includes the legal name, sex, date of birth, and
 2056  social security number of each student whose driving privileges
 2057  have been suspended under this section.
 2058         Section 45. Section 322.17, Florida Statutes, is amended to
 2059  read:
 2060         322.17 Replacement licenses, identification cards, and
 2061  permits.—
 2062         (1)(a) In the event that an instruction permit or driver
 2063  license issued under the provisions of this chapter is lost or
 2064  destroyed, the person to whom the same was issued may, upon
 2065  payment of the appropriate fee pursuant to s. 322.21, obtain a
 2066  replacement upon furnishing proof satisfactory to the department
 2067  that such permit or license has been lost or destroyed, and
 2068  further furnishing the full name, date of birth, sex, residence
 2069  and mailing address, proof of birth satisfactory to the
 2070  department, and proof of identity satisfactory to the
 2071  department.
 2072         (b) In the event that an instruction permit, or driver
 2073  license, or identification card issued under the provisions of
 2074  this chapter is stolen, the person to whom the same was issued
 2075  may, at no charge, obtain a replacement upon furnishing proof
 2076  satisfactory to the department that such permit, or license, or
 2077  identification card was stolen and further furnishing the
 2078  person’s full name, date of birth, sex, residence and mailing
 2079  address, proof of birth satisfactory to the department, and
 2080  proof of identity satisfactory to the department.
 2081         (2) Upon the surrender of the original license and the
 2082  payment of the appropriate fees pursuant to s. 322.21, the
 2083  department shall issue a replacement license to make a change in
 2084  name, address, or restrictions.
 2085         (3) Notwithstanding any other provisions of this chapter,
 2086  if a licensee establishes his or her identity for a driver
 2087  license using an identification document authorized under s.
 2088  322.08(2)(c)7. or 8., the licensee may not obtain a duplicate or
 2089  replacement instruction permit or driver license except in
 2090  person and upon submission of an identification document
 2091  authorized under s. 322.08(2)(c)7. or 8.
 2092         (4) Notwithstanding any other provision of this section or
 2093  s. 322.21, the department shall, if necessary, issue or renew a
 2094  replacement driver license at no charge to an inmate if the
 2095  department determines that he or she has a valid driver license.
 2096  If the replacement driver license is scheduled to expire within
 2097  6 months, the department may also issue a temporary permit valid
 2098  for at least 6 months after the release date.
 2099         Section 46. Subsection (10) is added to section 322.21,
 2100  Florida Statutes, to read:
 2101         322.21 License fees; procedure for handling and collecting
 2102  fees.—
 2103         (10) An applicant who submits an application for a renewal
 2104  or replacement driver license or identification card to the
 2105  department using a convenience service must be provided with an
 2106  option for expedited shipping in which the department, at the
 2107  applicant’s request, must issue the license or identification
 2108  card within 5 working days after receipt of the application and
 2109  ship the license or card using an expedited mail service. The
 2110  department must charge the applicant electing the expedited
 2111  shipping option for the exact cost of the expedited mail
 2112  service, which is in addition to fees imposed by s. 322.051 or
 2113  this section. Funds collected for the expedited shipping shall
 2114  be deposited into the Highway Safety Operating Trust Fund.
 2115         Section 47. Present subsection (8) of section 322.212,
 2116  Florida Statutes, is redesignated as subsection (9), a new
 2117  subsection (8) is added to that section, and subsection (5) of
 2118  that section is amended, to read:
 2119         322.212 Unauthorized possession of, and other unlawful acts
 2120  in relation to, driver license or identification card.—
 2121         (5)(a) It is unlawful for any person to use a false or
 2122  fictitious name in any application for a driver license or
 2123  identification card or knowingly to make a false statement,
 2124  knowingly conceal a material fact, knowingly provide altered or
 2125  counterfeit documents, knowingly participate in dishonest or
 2126  deceptive actions, or otherwise commit a fraud in any such
 2127  application.
 2128         (b) It is unlawful for any person to have in his or her
 2129  possession a driver license or identification card upon which
 2130  the date of birth has been altered.
 2131         (c) It is unlawful for any person designated as a sexual
 2132  predator or sexual offender to have in his or her possession a
 2133  driver license or identification card upon which the sexual
 2134  predator or sexual offender markings required by s. 322.141 are
 2135  not displayed or have been altered.
 2136         (8) In addition to any other penalties provided by this
 2137  section, the department shall suspend the license or permit of
 2138  any person who provides false information when applying for a
 2139  driver license, identification card, commercial driver license,
 2140  or commercial learner’s permit or who is convicted of fraud in
 2141  connection with testing for a driver license, commercial driver
 2142  license, or commercial learner’s permit for a period of 1 year.
 2143         Section 48. Section 322.36, Florida Statutes, is amended to
 2144  read:
 2145         322.36 Permitting unauthorized operator to drive.—A person
 2146  may not authorize or knowingly permit a motor vehicle owned by
 2147  him or her or under his or her dominion or control to be
 2148  operated upon any highway or public street except by a person
 2149  who is duly authorized to operate a motor vehicle under this
 2150  chapter. Any person who violates this section commits a
 2151  misdemeanor of the second degree, punishable as provided in s.
 2152  775.082 or s. 775.083. If a person violates this section by
 2153  knowingly loaning a vehicle to a person whose driver license is
 2154  suspended and if that vehicle is involved in a crash an accident
 2155  resulting in bodily injury or death, the driver license of the
 2156  person violating this section shall be suspended for 1 year.
 2157         Section 49. Section 322.38, Florida Statutes, is amended to
 2158  read:
 2159         322.38 Renting motor vehicle to another.—
 2160         (1) A No person may not shall rent a motor vehicle to any
 2161  other person unless the other latter person is then duly
 2162  licensed, or, if a nonresident, he or she shall be licensed
 2163  under the laws of the state or country of his or her residence,
 2164  except a nonresident whose home state or country does not
 2165  require that an operator be licensed.
 2166         (2) A No person may not shall rent a motor vehicle to
 2167  another until he or she has inspected the driver license of the
 2168  person to whom the vehicle is to be rented, and has compared and
 2169  verified that the driver license is unexpired signature thereon
 2170  with the signature of such person written in his or her
 2171  presence.
 2172         (3) Every person renting a motor vehicle to another shall
 2173  keep a record of the registration number of the motor vehicle so
 2174  rented, the name and address of the person to whom the vehicle
 2175  is rented, the number of the license of said latter person, and
 2176  the date and place when and where the said license was issued.
 2177  Such record shall be open to inspection by any police officer,
 2178  or officer or employee of the department.
 2179         (4) If a motor vehicle is rented to a person through
 2180  digital, electronic, or other means that allow the renter to
 2181  obtain possession of the motor vehicle without direct contact
 2182  with an owner or agent or an employee of a motor vehicle rental
 2183  company, or if the renter does not execute a rental contract at
 2184  the time that he or she takes possession of the vehicle, it must
 2185  be deemed that the requirements of subsections (1) and (2) are
 2186  met when, at the time the renter enrolls in a membership
 2187  program, master agreement, or other means of establishing use of
 2188  the motor vehicle through the motor vehicle rental company, or
 2189  any time thereafter, the renter is required to verify that he or
 2190  she is duly licensed and that the license is unexpired.
 2191         Section 50. Subsection (1) of section 322.61, Florida
 2192  Statutes, is amended to read:
 2193         322.61 Disqualification from operating a commercial motor
 2194  vehicle.—
 2195         (1) A person who, for offenses occurring within a 3-year
 2196  period, is convicted of two of the following serious traffic
 2197  violations or any combination thereof, arising in separate
 2198  incidents committed in a commercial motor vehicle shall, in
 2199  addition to any other applicable penalties, be disqualified from
 2200  operating a commercial motor vehicle for a period of 60 days. A
 2201  holder of a commercial driver license or commercial learner’s
 2202  permit who, for offenses occurring within a 3-year period, is
 2203  convicted of two of the following serious traffic violations, or
 2204  any combination thereof, arising in separate incidents committed
 2205  in a noncommercial motor vehicle shall, in addition to any other
 2206  applicable penalties, be disqualified from operating a
 2207  commercial motor vehicle for a period of 60 days if such
 2208  convictions result in the suspension, revocation, or
 2209  cancellation of the licenseholder’s driving privilege:
 2210         (a) A violation of any state or local law relating to motor
 2211  vehicle traffic control, other than a parking violation, arising
 2212  in connection with a crash resulting in death.;
 2213         (b) Reckless driving, as defined in s. 316.192.;
 2214         (c) Unlawful speed of 15 miles per hour or more above the
 2215  posted speed limit.;
 2216         (d) Improper lane change, as defined in s. 316.085.;
 2217         (e) Following too closely, as defined in s. 316.0895.;
 2218         (f) Driving a commercial vehicle without obtaining a
 2219  commercial driver license.;
 2220         (g) Driving a commercial vehicle without the proper class
 2221  of commercial driver license or commercial learner’s permit or
 2222  without the proper endorsement.; or
 2223         (h) Driving a commercial vehicle without a commercial
 2224  driver license or commercial learner’s permit in possession, as
 2225  required by s. 322.03.
 2226         (i) Texting while driving a commercial motor vehicle as
 2227  prohibited by 49 C.F.R. 392.80.
 2228         (j) Using a hand-held mobile telephone while driving a
 2229  commercial motor vehicle, as prohibited by 49 C.F.R 392.82.
 2230         Section 51. Section 322.71, Florida Statutes, is created to
 2231  read:
 2232         322.71 Investigations; subpoenas and other process; oaths;
 2233  rules.—
 2234         (1) The department may conduct investigations and
 2235  examinations on any person suspected of violating or of having
 2236  violated any provision of this chapter or any rule adopted or
 2237  order issued under this chapter.
 2238         (2) For purposes of any investigation or examination
 2239  conducted under this section, the department may exercise the
 2240  power of subpoena and the powers to administer oaths or
 2241  affirmations, to examine witnesses, to require affidavits, to
 2242  take depositions, and to compel the attendance of witnesses and
 2243  the production of books, papers, documents, records, and other
 2244  evidence. Such subpoenas may be served by an authorized
 2245  representative of the department.
 2246         (3) If a person refuses to testify; to produce books,
 2247  papers, documents, or records; or to otherwise obey the subpoena
 2248  or subpoena duces tecum issued under subsection (2), the
 2249  department may petition a court of competent jurisdiction in the
 2250  county where the person’s residence or principal place of
 2251  business is located, upon which the court must issue an order
 2252  requiring such person to obey the subpoena or show cause for
 2253  failing to obey the subpoena. Unless the person shows sufficient
 2254  cause for failing to obey the subpoena, the court must direct
 2255  the person to obey the subpoena and award costs incurred by the
 2256  department to obtain the order. Failure to comply with such
 2257  order constitutes contempt of court.
 2258         (4) For the purpose of any investigation, examination, or
 2259  proceeding initiated by the department under this chapter, the
 2260  department may designate agents to serve subpoenas and other
 2261  process and administer oaths or affirmations.
 2262         (5) Witnesses subpoenaed under this section are entitled to
 2263  witness fees at the same rate established by s. 92.142 for
 2264  witnesses in a civil case, except that witness fees are not
 2265  payable for appearance at the witness’s place of business during
 2266  regular business hours or at the witness’s residence.
 2267         (6) The department may adopt rules to administer this
 2268  section.
 2269         Section 52. Subsection (4) of section 323.001, Florida
 2270  Statutes, is amended to read:
 2271         323.001 Wrecker operator storage facilities; vehicle
 2272  holds.—
 2273         (4) The requirements for a written hold apply when the
 2274  following conditions are present:
 2275         (a) The officer has probable cause to believe the vehicle
 2276  should be seized and forfeited under the Florida Contraband
 2277  Forfeiture Act, ss. 932.701-932.7062;
 2278         (b) The officer has probable cause to believe the vehicle
 2279  should be seized and forfeited under chapter 379;
 2280         (c) The officer has probable cause to believe the vehicle
 2281  was used as the means of committing a crime;
 2282         (d) The officer has probable cause to believe that the
 2283  vehicle is itself evidence that tends to show that a crime has
 2284  been committed or that the vehicle contains evidence, which
 2285  cannot readily be removed, which tends to show that a crime has
 2286  been committed;
 2287         (e) The officer has probable cause to believe the vehicle
 2288  was involved in a traffic crash accident resulting in death or
 2289  personal injury and should be sealed for investigation and
 2290  collection of evidence by a vehicular homicide investigator;
 2291         (f) The vehicle is impounded or immobilized pursuant to s.
 2292  316.193 or s. 322.34; or
 2293         (g) The officer is complying with a court order.
 2294         Section 53. Paragraph (c) of subsection (1), paragraph (c)
 2295  of subsection (2), and subsection (4) of section 323.002,
 2296  Florida Statutes, are amended to read:
 2297         323.002 County and municipal wrecker operator systems;
 2298  penalties for operation outside of system.—
 2299         (1) As used in this section, the term:
 2300         (c) “Wrecker operator system” means a system for the towing
 2301  or removal of wrecked, disabled, or abandoned vehicles, similar
 2302  to the Florida Highway Patrol wrecker operator system described
 2303  in s. 321.051(2), under which a county or municipality contracts
 2304  with one or more wrecker operators for the towing or removal of
 2305  wrecked, disabled, or abandoned vehicles from crash accident
 2306  scenes, streets, or highways. A wrecker operator system shall
 2307  include using a method for apportioning the towing assignments
 2308  among the eligible wrecker operators through the creation of
 2309  geographic zones, a rotation schedule, or a combination of these
 2310  methods.
 2311         (2) In any county or municipality that operates a wrecker
 2312  operator system:
 2313         (c) When an unauthorized wrecker operator drives by the
 2314  scene of a wrecked or disabled vehicle and the owner or operator
 2315  initiates contact by signaling the wrecker operator to stop and
 2316  provide towing services, the unauthorized wrecker operator must
 2317  disclose in writing to the owner or operator of the vehicle his
 2318  or her full name and driver license number, that he or she is
 2319  not the authorized wrecker operator who has been designated as
 2320  part of the wrecker operator system, that the motor vehicle is
 2321  not being towed for the owner’s or operator’s insurance company
 2322  or lienholder, whether he or she has in effect an insurance
 2323  policy providing at least $300,000 of liability insurance and at
 2324  least $50,000 of on-hook cargo insurance, and the maximum
 2325  charges for towing and storage which will apply before the
 2326  vehicle is connected to the towing apparatus. The unauthorized
 2327  wrecker operator must also provide a copy of the disclosure to
 2328  the owner or operator in the presence of a law enforcement
 2329  officer if such officer is at the scene of a motor vehicle crash
 2330  accident. Any person who violates this paragraph commits a
 2331  misdemeanor of the second degree, punishable as provided in s.
 2332  775.082 or s. 775.083, and the person’s wrecker, tow truck, or
 2333  other motor vehicle that was used during the offense may be
 2334  immediately removed and impounded pursuant to subsection (3).
 2335         (4) This section does not prohibit, or in any way prevent,
 2336  the owner or operator of a vehicle involved in a crash an
 2337  accident or otherwise disabled from contacting any wrecker
 2338  operator for the provision of towing services, whether the
 2339  wrecker operator is an authorized wrecker operator or not.
 2340         Section 54. Section 324.011, Florida Statutes, is amended
 2341  to read:
 2342         324.011 Purpose of chapter.—It is the intent of this
 2343  chapter to recognize the existing privilege to own or operate a
 2344  motor vehicle on the public streets and highways of this state
 2345  when such vehicles are used with due consideration for others
 2346  and their property, and to promote safety and provide financial
 2347  security requirements for such owners or operators whose
 2348  responsibility it is to recompense others for injury to person
 2349  or property caused by the operation of a motor vehicle.
 2350  Therefore, it is required herein that the operator of a motor
 2351  vehicle involved in a crash or convicted of certain traffic
 2352  offenses meeting the operative provisions of s. 324.051(2) shall
 2353  respond for such damages and show proof of financial ability to
 2354  respond for damages in future crashes accidents as a requisite
 2355  to his or her future exercise of such privileges.
 2356         Section 55. Subsection (1) of section 324.022, Florida
 2357  Statutes, is amended to read:
 2358         324.022 Financial responsibility for property damage.—
 2359         (1) Every owner or operator of a motor vehicle required to
 2360  be registered in this state shall establish and maintain the
 2361  ability to respond in damages for liability on account of
 2362  crashes accidents arising out of the use of the motor vehicle in
 2363  the amount of $10,000 because of damage to, or destruction of,
 2364  property of others in any one crash. The requirements of this
 2365  section may be met by one of the methods established in s.
 2366  324.031; by self-insuring as authorized by s. 768.28(16); or by
 2367  maintaining an insurance policy providing coverage for property
 2368  damage liability in the amount of at least $10,000 because of
 2369  damage to, or destruction of, property of others in any one
 2370  crash accident arising out of the use of the motor vehicle. The
 2371  requirements of this section may also be met by having a policy
 2372  which provides coverage in the amount of at least $30,000 for
 2373  combined property damage liability and bodily injury liability
 2374  for any one crash arising out of the use of the motor vehicle.
 2375  The policy, with respect to coverage for property damage
 2376  liability, must meet the applicable requirements of s. 324.151,
 2377  subject to the usual policy exclusions that have been approved
 2378  in policy forms by the Office of Insurance Regulation. No
 2379  insurer shall have any duty to defend uncovered claims
 2380  irrespective of their joinder with covered claims.
 2381         Section 56. Section 324.023, Florida Statutes, is amended
 2382  to read:
 2383         324.023 Financial responsibility for bodily injury or
 2384  death.—In addition to any other financial responsibility
 2385  required by law, every owner or operator of a motor vehicle that
 2386  is required to be registered in this state, or that is located
 2387  within this state, and who, regardless of adjudication of guilt,
 2388  has been found guilty of or entered a plea of guilty or nolo
 2389  contendere to a charge of driving under the influence under s.
 2390  316.193 after October 1, 2007, shall, by one of the methods
 2391  established in s. 324.031(1) or (2), establish and maintain the
 2392  ability to respond in damages for liability on account of
 2393  crashes accidents arising out of the use of a motor vehicle in
 2394  the amount of $100,000 because of bodily injury to, or death of,
 2395  one person in any one crash and, subject to such limits for one
 2396  person, in the amount of $300,000 because of bodily injury to,
 2397  or death of, two or more persons in any one crash and in the
 2398  amount of $50,000 because of property damage in any one crash.
 2399  If the owner or operator chooses to establish and maintain such
 2400  ability by furnishing a certificate of deposit pursuant to s.
 2401  324.031(2), such certificate of deposit must be at least
 2402  $350,000. Such higher limits must be carried for a minimum
 2403  period of 3 years. If the owner or operator has not been
 2404  convicted of driving under the influence or a felony traffic
 2405  offense for a period of 3 years from the date of reinstatement
 2406  of driving privileges for a violation of s. 316.193, the owner
 2407  or operator shall be exempt from this section.
 2408         Section 57. Paragraph (b) of subsection (1) and paragraph
 2409  (a) of subsection (2) of section 324.051, Florida Statutes, are
 2410  amended to read:
 2411         324.051 Reports of crashes; suspensions of licenses and
 2412  registrations.—
 2413         (1)
 2414         (b) The department is hereby further authorized to require
 2415  reports of crashes from individual owners or operators whenever
 2416  it deems it necessary for the proper administration of this
 2417  chapter, and these reports shall be made without prejudice
 2418  except as specified in this subsection. No such report shall be
 2419  used as evidence in any trial arising out of a crash. However,
 2420  subject to the applicable rules of evidence, a law enforcement
 2421  officer at a criminal trial may testify as to any statement made
 2422  to the officer by the person involved in the crash accident if
 2423  that person’s privilege against self-incrimination is not
 2424  violated.
 2425         (2)(a) Thirty days after receipt of notice of any crash
 2426  accident described in paragraph (1)(a) involving a motor vehicle
 2427  within this state, the department shall suspend, after due
 2428  notice and opportunity to be heard, the license of each operator
 2429  and all registrations of the owner of the vehicles operated by
 2430  such operator whether or not involved in such crash and, in the
 2431  case of a nonresident owner or operator, shall suspend such
 2432  nonresident’s operating privilege in this state, unless such
 2433  operator or owner shall, prior to the expiration of such 30
 2434  days, be found by the department to be exempt from the operation
 2435  of this chapter, based upon evidence satisfactory to the
 2436  department that:
 2437         1. The motor vehicle was legally parked at the time of such
 2438  crash.
 2439         2. The motor vehicle was owned by the United States
 2440  Government, this state, or any political subdivision of this
 2441  state or any municipality therein.
 2442         3. Such operator or owner has secured a duly acknowledged
 2443  written agreement providing for release from liability by all
 2444  parties injured as the result of said crash and has complied
 2445  with one of the provisions of s. 324.031.
 2446         4. Such operator or owner has deposited with the department
 2447  security to conform with s. 324.061 when applicable and has
 2448  complied with one of the provisions of s. 324.031.
 2449         5. One year has elapsed since such owner or operator was
 2450  suspended pursuant to subsection (3), the owner or operator has
 2451  complied with one of the provisions of s. 324.031, and no bill
 2452  of complaint of which the department has notice has been filed
 2453  in a court of competent jurisdiction.
 2454  
 2455  No such policy or bond shall be effective under this subsection
 2456  unless it contains limits of not less than those specified in s.
 2457  324.021(7).
 2458         Section 58. Subsections (2), (3), and (4) of section
 2459  324.242, Florida Statutes, are amended to read:
 2460         324.242 Personal injury protection and property damage
 2461  liability insurance policies; public records exemption.—
 2462         (2) Upon receipt of a request and proof of a crash report
 2463  as required under s. 316.065, s. 316.066, or s. 316.068, or a
 2464  crash report created pursuant to the laws of another state, the
 2465  department shall release the policy number for a policy covering
 2466  a vehicle involved in a motor vehicle crash accident to:
 2467         (a) Any person involved in such crash accident;
 2468         (b) The attorney of any person involved in such crash
 2469  accident; or
 2470         (c) A representative of the insurer of any person involved
 2471  in such crash accident.
 2472         (3) The department shall provide personal injury protection
 2473  and property damage liability insurance policy numbers to
 2474  department-approved third parties that provide data collection
 2475  services to an insurer of any person involved in such crash
 2476  accident.
 2477         (4) Before the department’s release of a policy number in
 2478  accordance with subsection (2) or subsection (3), an insurer’s
 2479  representative, a contracted third party, or an attorney for a
 2480  person involved in a crash an accident must provide the
 2481  department with documentation confirming proof of
 2482  representation.
 2483         Section 59. Contingent upon the enactment of Senate Bill
 2484  7094 or other similar legislation enacted in the 2019 Regular
 2485  Session or an extension thereof, section 328.30, Florida
 2486  Statutes, is amended to read:
 2487         328.30 Transactions by electronic or telephonic means.—
 2488         (1) The Department of Highway Safety and Motor Vehicles may
 2489  accept any application provided for under this part chapter by
 2490  electronic or telephonic means.
 2491         (2) The department may issue an electronic certificate of
 2492  title in lieu of printing a paper title.
 2493         (3) The department or tax collector may collect electronic
 2494  mail addresses or cellular telephone numbers and use electronic
 2495  mail or text messages in lieu of the United States Postal
 2496  Service for the purpose of providing information related to
 2497  Department of Highway Safety and Motor Vehicles functions in
 2498  accordance with chapter 119 and pursuant to the federal Driver
 2499  Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
 2500  provision of electronic mail addresses and cellular telephone
 2501  numbers by the applicant is optional and, before collection
 2502  pursuant to this subsection, the department or tax collector
 2503  shall disclose to the applicant the purposes for which the
 2504  electronic mail addresses and cellular telephone numbers may be
 2505  used renewal notices.
 2506         Section 60. Contingent upon the enactment of Senate Bill
 2507  7094 or other similar legislation enacted in the 2019 Regular
 2508  Session or an extension thereof, subsection (3) of section
 2509  328.40, Florida Statutes, is amended to read:
 2510         328.40 Administration of vessel registration and titling
 2511  laws; records.—
 2512         (3) All records made or kept by the Department of Highway
 2513  Safety and Motor Vehicles under this part are subject to
 2514  inspection and copying as provided in chapter 119 law are public
 2515  records except for confidential reports.
 2516         Section 61. Subsection (1) of section 328.73, Florida
 2517  Statutes, is amended to read:
 2518         328.73 Registration; duties of tax collectors.—
 2519         (1) The tax collectors in the counties of the state, as
 2520  authorized agents of the department, shall issue registration
 2521  certificates and vessel numbers and decals to applicants,
 2522  subject to the requirements of law and in accordance with rules
 2523  of the department. For the purpose of enhancing customer
 2524  services provided by tax collectors acting on behalf of the
 2525  department, the department, contingent upon an approved request
 2526  and memorandum of understanding, shall provide tax collectors,
 2527  and tax collector-approved agents and vendors with real-time
 2528  access to data that other third parties receive from the
 2529  department related to registration certificates and vessel
 2530  numbers and decals, including, but not limited to, the most
 2531  current address information and electronic mail addresses of
 2532  applicants. The memorandum of understanding as required under
 2533  this paragraph may not be more restrictive than any memorandum
 2534  of understanding between the department and other third-party
 2535  vendors.
 2536         Section 62. Contingent upon the enactment of Senate Bill
 2537  7094 or other similar legislation enacted in the 2019 Regular
 2538  Session or an extension thereof, section 328.80, Florida
 2539  Statutes, is amended to read:
 2540         328.80 Transactions by electronic or telephonic means.—
 2541         (1) The Department of Highway Safety and Motor Vehicles
 2542  commission is authorized to accept any application provided for
 2543  under this part chapter by electronic or telephonic means.
 2544         (2) The department or tax collector may collect electronic
 2545  mail addresses or cellular telephone numbers and use electronic
 2546  mail or text messages in lieu of the United States Postal
 2547  Service for the purpose of providing information related to
 2548  Department of Highway Safety and Motor Vehicles functions in
 2549  accordance with chapter 119 and pursuant to the federal Driver
 2550  Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
 2551  provision of electronic mail addresses and cellular telephone
 2552  numbers by the applicant is optional and, before collection
 2553  pursuant to this subsection, the department or tax collector
 2554  shall disclose to the applicant the purposes for which the
 2555  electronic mail addresses and cellular telephone numbers may be
 2556  used.
 2557         Section 63. Subsection (4) of section 627.7415, Florida
 2558  Statutes, is amended to read:
 2559         627.7415 Commercial motor vehicles; additional liability
 2560  insurance coverage.—Commercial motor vehicles, as defined in s.
 2561  207.002 or s. 320.01, operated upon the roads and highways of
 2562  this state shall be insured with the following minimum levels of
 2563  combined bodily liability insurance and property damage
 2564  liability insurance in addition to any other insurance
 2565  requirements:
 2566         (4) All commercial motor vehicles subject to regulations of
 2567  the United States Department of Transportation, 49 C.F.R. part
 2568  387, subparts subpart A and B, and as may be hereinafter
 2569  amended, shall be insured in an amount equivalent to the minimum
 2570  levels of financial responsibility as set forth in such
 2571  regulations.
 2572  
 2573  A violation of this section is a noncriminal traffic infraction,
 2574  punishable as a nonmoving violation as provided in chapter 318.
 2575         Section 64. Subsection (2) of section 316.251, Florida
 2576  Statutes, is amended to read:
 2577         316.251 Maximum bumper heights.—
 2578         (2) “New motor vehicles” as defined in s. 319.001 s.
 2579  319.001(9), “antique automobiles” as defined in s. 320.08,
 2580  “horseless carriages” as defined in s. 320.086, and “street
 2581  rods” as defined in s. 320.0863 shall be excluded from the
 2582  requirements of this section.
 2583         Section 65. Subsection (19) of section 501.976, Florida
 2584  Statutes, is amended to read:
 2585         501.976 Actionable, unfair, or deceptive acts or
 2586  practices.—It is an unfair or deceptive act or practice,
 2587  actionable under the Florida Deceptive and Unfair Trade
 2588  Practices Act, for a dealer to:
 2589         (19) Fail to disclose damage to a new motor vehicle, as
 2590  defined in s. 319.001 s. 319.001(9), of which the dealer had
 2591  actual knowledge, if the dealer’s actual cost of repairs exceeds
 2592  the threshold amount, excluding replacement items.
 2593  
 2594  In any civil litigation resulting from a violation of this
 2595  section, when evaluating the reasonableness of an award of
 2596  attorney’s fees to a private person, the trial court shall
 2597  consider the amount of actual damages in relation to the time
 2598  spent.
 2599         Section 66. Subsection (1) of section 655.960, Florida
 2600  Statutes, is amended to read:
 2601         655.960 Definitions; ss. 655.960-655.965.—As used in this
 2602  section and ss. 655.961-655.965, unless the context otherwise
 2603  requires:
 2604         (1) “Access area” means any paved walkway or sidewalk which
 2605  is within 50 feet of any automated teller machine. The term does
 2606  not include any street or highway open to the use of the public,
 2607  as defined in s. 316.003(84)(a) or (b) s. 316.003(81)(a) or (b),
 2608  including any adjacent sidewalk, as defined in s. 316.003.
 2609         Section 67. Subsection (5) of section 856.015, Florida
 2610  Statutes, is amended to read:
 2611         856.015 Open house parties.—
 2612         (5) If a violation of subsection (2) causes or contributes
 2613  to causing serious bodily injury, as defined in s. 316.003
 2614  316.1933, or death to the minor, or if the minor causes or
 2615  contributes to causing serious bodily injury or death to another
 2616  as a result of the minor’s consumption of alcohol or drugs at
 2617  the open house party, the violation is a misdemeanor of the
 2618  first degree, punishable as provided in s. 775.082 or s.
 2619  775.083.
 2620         Section 68. Except as otherwise expressly provided in this
 2621  act, this act shall take effect July 1, 2019.