Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 7090
Ì896914BÎ896914
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/18/2019 .
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Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Lee) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (16) through (54) of s.
6 316.003, Florida Statutes, are redesignated as subsections (17)
7 through (55), present subsections (55) through (73) of that
8 section are redesignated as subsections (57) through (75),
9 present subsections (74) through (101) of that section are
10 redesignated as subsections (77) through (104), respectively,
11 new subsections (16), (56), and (76) are added to that section,
12 and present subsection (59) of that section is amended, to read:
13 316.003 Definitions.—The following words and phrases, when
14 used in this chapter, shall have the meanings respectively
15 ascribed to them in this section, except where the context
16 otherwise requires:
17 (16) CRASH.—The operation of a motor vehicle, motorized
18 scooter, or moped in this state which results in property damage
19 or the death of or bodily injury, or a complaint of bodily
20 injury, to any person. The term “crash” includes separation of
21 the operator or an occupant from a motor vehicle, motorized
22 scooter, or moped, or a trailer being drawn by a motor vehicle,
23 while in motion, which results in property damage or the death
24 of or bodily injury, or a complaint of bodily injury, to any
25 person. The term “crash” does not include such operation in any
26 of the following situations:
27 (a) On private property, if such operation does not result
28 in death or serious bodily injury, except that the term “crash”
29 includes such operation on private property when the operator is
30 suspected of violating s. 316.193.
31 (b) On a closed course used for commercial or recreational
32 purposes, such as a commercial driving school or race track,
33 except that the term “crash” includes such operation on a closed
34 course when the operator is suspected of violating s. 316.193.
35 (c) If such property damage, death, bodily injury, or
36 complaint of bodily injury results from an intentional act of a
37 law enforcement officer to force a motor vehicle or moped to
38 stop or reduce speed, such as use of a pursuit termination
39 device or the precision immobilization technique, except that
40 the term “crash” includes such operation that results in such
41 property damage or the death of or bodily injury to, or
42 complaint of bodily injury to, anyone other than the operator or
43 occupant of the motor vehicle or moped being forced to stop or
44 reduce speed or the law enforcement officer.
45 (d) The death or suffering of a medical episode by the
46 operator or an occupant of a motor vehicle or moped, if
47 operation of the motor vehicle or moped did not result in such
48 death or medical episode and did not result in property damage
49 or the death of or bodily injury, or complaint of bodily injury,
50 to any other person.
51 (56) PLATOON.—A group of no more than two trucks that do
52 not require placards, either laden or unladen, traveling in a
53 unified manner using wireless vehicle-to-vehicle communications
54 that electronically coordinate speeds and following distances of
55 the trucks.
56 (61)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
57 provided in paragraph (84)(b) (81)(b), any privately owned way
58 or place used for vehicular travel by the owner and those having
59 express or implied permission from the owner, but not by other
60 persons.
61 (76) SERIOUS BODILY INJURY.—An injury to any person which
62 consists of a physical injury that creates a substantial risk of
63 death, significant personal disfigurement, or protracted loss or
64 impairment of the function of any bodily member or organ.
65 Section 2. Subsections (1) and (4) of section 316.027,
66 Florida Statutes, are amended to read:
67 316.027 Crash involving death or personal injuries.—
68 (1) As used in this section, the term:
69 (a) “Serious bodily injury” means an injury to a person,
70 including the driver, which consists of a physical condition
71 that creates a substantial risk of death, serious personal
72 disfigurement, or protracted loss or impairment of the function
73 of a bodily member or organ.
74 (b) “vulnerable road user” means any of the following:
75 (a)1. A pedestrian, including a person actually engaged in
76 work upon a highway, or in work upon utility facilities along a
77 highway, or engaged in the provision of emergency services
78 within the right-of-way.;
79 (b)2. A person operating a bicycle, motorcycle, scooter, or
80 moped lawfully on the roadway.;
81 (c)3. A person riding an animal.; or
82 (d)4. A person lawfully operating on a public right-of-way,
83 crosswalk, or shoulder of the roadway:
84 1.a. A farm tractor or similar vehicle designed primarily
85 for farm use;
86 2.b. A skateboard, roller skates, or in-line skates;
87 3.c. A horse-drawn carriage;
88 4.d. An electric personal assistive mobility device; or
89 5.e. A wheelchair.
90 (4)(a) In addition to any other civil, criminal, or
91 administrative penalty imposed, a person whose commission of a
92 noncriminal traffic infraction or a violation of this chapter or
93 s. 1006.66 causes or results in the death of another person may
94 be required by the court to serve 120 community service hours in
95 a trauma center or hospital that regularly receives victims of
96 vehicle crashes accidents, under the supervision of a registered
97 nurse, an emergency room physician, or an emergency medical
98 technician pursuant to a voluntary community service program
99 operated by the trauma center or hospital.
100 (b) Notwithstanding paragraph (a), in addition to any other
101 civil, criminal, or administrative penalty imposed, a person
102 whose commission of a violation of s. 316.172(1)(a) or (b)
103 causes or results in serious bodily injury to or death of
104 another person shall be required by the court to:
105 1. Serve 120 community service hours in a trauma center or
106 hospital that regularly receives victims of vehicle crashes
107 accidents, under the supervision of a registered nurse, an
108 emergency room physician, or an emergency medical technician
109 pursuant to a voluntary community service program operated by
110 the trauma center or hospital.
111 2. Participate in a victim’s impact panel session in a
112 judicial circuit if such a panel exists, or if such a panel does
113 not exist, attend a department-approved driver improvement
114 course relating to the rights of vulnerable road users relative
115 to vehicles on the roadway as provided in s. 322.0261(2).
116 Section 3. Subsection (1) and paragraph (a) of subsection
117 (5) of section 316.0271, Florida Statutes, are amended to read:
118 316.0271 Yellow dot critical motorist medical information
119 program; yellow dot decal, folder, and information form.—
120 (1) The governing body of a county may create a yellow dot
121 critical motorist medical information program to facilitate the
122 provision of emergency medical care to program participants by
123 emergency medical responders by making critical medical
124 information readily available to responders in the event of a
125 motor vehicle crash accident or a medical emergency involving a
126 participant’s vehicle.
127 (5)(a) If the driver or a passenger of a motor vehicle is
128 involved in a motor vehicle crash accident or emergency
129 situation and a yellow dot decal is affixed to the vehicle, an
130 emergency medical responder at the scene may search the glove
131 compartment of the vehicle for the corresponding yellow dot
132 folder.
133 Section 4. Subsection (3) of section 316.061, Florida
134 Statutes, is amended to read:
135 316.061 Crashes involving damage to vehicle or property.—
136 (3) Employees or authorized agents of the Department of
137 Transportation, law enforcement with proper jurisdiction, or an
138 expressway authority created pursuant to chapter 348, in the
139 exercise, management, control, and maintenance of its highway
140 system, may undertake the removal from the main traveled way of
141 roads on its highway system of all vehicles incapacitated as a
142 result of a motor vehicle crash and of debris caused thereby.
143 Such removal is applicable when such a motor vehicle crash
144 results only in damage to a vehicle or other property, and when
145 such removal can be accomplished safely and will result in the
146 improved safety or convenience of travel upon the road. The
147 driver or any other person who has removed a motor vehicle from
148 the main traveled way of the road as provided in this section
149 may shall not be considered liable or at fault regarding the
150 cause of the crash accident solely by reason of moving the
151 vehicle.
152 Section 5. Section 316.0896, Florida Statutes, is repealed.
153 Section 6. Section 316.0897, Florida Statutes, is created
154 to read:
155 316.0897 Platoons.—
156 (1) Section 316.0895 does not apply to the operator of a
157 nonlead vehicle in a platoon.
158 (2) A platoon may be operated on a roadway in this state
159 after an operator provides notification to the Department of
160 Transportation and the Department of Highway Safety and Motor
161 Vehicles.
162 Section 7. Subsection (5) of section 316.1895, Florida
163 Statutes, is amended to read:
164 316.1895 Establishment of school speed zones, enforcement;
165 designation.—
166 (5)(a) A school zone speed limit may not be less than 15
167 miles per hour except by local regulation. No school zone speed
168 limit shall be more than 20 miles per hour in an urbanized area,
169 as defined in s. 334.03. Such speed limit may be in force only
170 during those times 30 minutes before, during, and 30 minutes
171 after the periods of time when pupils are arriving at a
172 regularly scheduled breakfast program or a regularly scheduled
173 school session and leaving a regularly scheduled school session.
174 (b) A district school board as defined in s. 1003.01(1) may
175 by simple majority vote increase the time a school zone speed
176 limit is in force by an additional 15 minutes before, during,
177 and an additional 15 minutes after the periods of time when
178 pupils are arriving at a regularly scheduled breakfast program
179 or at a regularly scheduled school session and leaving a
180 regularly scheduled school session.
181 Section 8. Paragraph (c) of subsection (3) of section
182 316.192, Florida Statutes, is amended to read:
183 316.192 Reckless driving.—
184 (3) Any person:
185 (c) Who, by reason of such operation, causes:
186 1. Damage to the property or person of another commits a
187 misdemeanor of the first degree, punishable as provided in s.
188 775.082 or s. 775.083.
189 2. Serious bodily injury to another commits a felony of the
190 third degree, punishable as provided in s. 775.082, s. 775.083,
191 or s. 775.084. The term “serious bodily injury” means an injury
192 to another person, which consists of a physical condition that
193 creates a substantial risk of death, serious personal
194 disfigurement, or protracted loss or impairment of the function
195 of any bodily member or organ.
196 Section 9. Subsection (3) of section 316.193, Florida
197 Statutes, is amended to read:
198 316.193 Driving under the influence; penalties.—
199 (3) Any person:
200 (a) Who is in violation of subsection (1);
201 (b) Who operates a vehicle; and
202 (c) Who, by reason of such operation, causes or contributes
203 to causing:
204 1. Damage to the property or person of another commits a
205 misdemeanor of the first degree, punishable as provided in s.
206 775.082 or s. 775.083.
207 2. Serious bodily injury to another or to himself or
208 herself, as defined in s. 316.1933, commits a felony of the
209 third degree, punishable as provided in s. 775.082, s. 775.083,
210 or s. 775.084.
211 3. The death of any human being or unborn child commits DUI
212 manslaughter, and commits:
213 a. A felony of the second degree, punishable as provided in
214 s. 775.082, s. 775.083, or s. 775.084.
215 b. A felony of the first degree, punishable as provided in
216 s. 775.082, s. 775.083, or s. 775.084, if:
217 (I) At the time of the crash, the person knew, or should
218 have known, that the crash occurred; and
219 (II) The person failed to give information and render aid
220 as required by s. 316.062.
221
222 For purposes of this subsection, the term “unborn child” has the
223 same meaning as provided in s. 775.021(5). A person who is
224 convicted of DUI manslaughter shall be sentenced to a mandatory
225 minimum term of imprisonment of 4 years.
226 Section 10. Subsection (1) of section 316.1933, Florida
227 Statutes, is amended to read
228 316.1933 Blood test for impairment or intoxication in cases
229 of death or serious bodily injury; right to use reasonable
230 force.—
231 (1)(a) If a law enforcement officer has probable cause to
232 believe that a motor vehicle driven by or in the actual physical
233 control of a person under the influence of alcoholic beverages,
234 any chemical substances, or any controlled substances has caused
235 the death or serious bodily injury of a human being, including
236 serious bodily injury of the driver, a law enforcement officer
237 shall require the person driving or in actual physical control
238 of the motor vehicle to submit to a test of the person’s blood
239 for the purpose of determining the alcoholic content thereof or
240 the presence of chemical substances as set forth in s. 877.111
241 or any substance controlled under chapter 893. The law
242 enforcement officer may use reasonable force if necessary to
243 require such person to submit to the administration of the blood
244 test. The blood test shall be performed in a reasonable manner.
245 Notwithstanding s. 316.1932, the testing required by this
246 paragraph need not be incidental to a lawful arrest of the
247 person.
248 (b) The term “serious bodily injury” means an injury to any
249 person, including the driver, which consists of a physical
250 condition that creates a substantial risk of death, serious
251 personal disfigurement, or protracted loss or impairment of the
252 function of any bodily member or organ.
253 Section 11. Paragraphs (a) and (b) of subsection (3) of
254 section 316.194, Florida Statutes, are amended to read:
255 316.194 Stopping, standing or parking outside of
256 municipalities.—
257 (3)(a) Whenever any police officer or traffic crash
258 accident investigation officer finds a vehicle standing upon a
259 highway in violation of any of the foregoing provisions of this
260 section, the officer is authorized to move the vehicle, or
261 require the driver or other persons in charge of the vehicle to
262 move the vehicle, to a position off the paved or main-traveled
263 part of the highway.
264 (b) Officers and traffic crash accident investigation
265 officers may provide for the removal of any abandoned vehicle to
266 the nearest garage or other place of safety, cost of such
267 removal to be a lien against motor vehicle, when an abandoned
268 vehicle is found unattended upon a bridge or causeway or in any
269 tunnel, or on any public highway in the following instances:
270 1. Where such vehicle constitutes an obstruction of
271 traffic;
272 2. Where such vehicle has been parked or stored on the
273 public right-of-way for a period exceeding 48 hours, in other
274 than designated parking areas, and is within 30 feet of the
275 pavement edge; and
276 3. Where an operative vehicle has been parked or stored on
277 the public right-of-way for a period exceeding 10 days, in other
278 than designated parking areas, and is more than 30 feet from the
279 pavement edge. However, the agency removing such vehicle shall
280 be required to report same to the Department of Highway Safety
281 and Motor Vehicles within 24 hours of such removal.
282 Section 12. Subsections (1) and (2) of section 316.302,
283 Florida Statutes, are amended to read:
284 316.302 Commercial motor vehicles; safety regulations;
285 transporters and shippers of hazardous materials; enforcement.—
286 (1)(a) All owners and drivers of commercial motor vehicles
287 that are operated on the public highways of this state while
288 engaged in interstate commerce are subject to the rules and
289 regulations contained in 49 C.F.R. parts 382, 383, 385, 386 and
290 390-397.
291 (b) Except as otherwise provided in this section, all
292 owners or drivers of commercial motor vehicles that are engaged
293 in intrastate commerce are subject to the rules and regulations
294 contained in 49 C.F.R. parts 382, 383, 385, 386, and 390-397,
295 with the exception of 49 C.F.R. s. 390.5 as it relates to the
296 definition of bus, as such rules and regulations existed on
297 December 31, 2018 2012.
298 (c) The emergency exceptions provided by 49 C.F.R. s.
299 392.82 also apply to communications by utility drivers and
300 utility contractor drivers during a Level 1 activation of the
301 State Emergency Operations Center, as provided in the Florida
302 Comprehensive Emergency Management plan, or during a state of
303 emergency declared by executive order or proclamation of the
304 Governor.
305 (d) Except as provided in s. 316.215(5), and except as
306 provided in s. 316.228 for rear overhang lighting and flagging
307 requirements for intrastate operations, the requirements of this
308 section supersede all other safety requirements of this chapter
309 for commercial motor vehicles.
310 (e) A person who operates a commercial motor vehicle solely
311 in intrastate commerce which does not transport hazardous
312 materials in amounts that require placarding pursuant to 49
313 C.F.R. part 172 need not comply with the requirements of
314 electronic logging devices and hours of service supporting
315 documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
316 until December 31, 2019.
317 (2)(a) A person who operates a commercial motor vehicle
318 solely in intrastate commerce not transporting any hazardous
319 material in amounts that require placarding pursuant to 49
320 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
321 and 395.3(a) and (b).
322 (b) Except as provided in 49 C.F.R. s. 395.1, a person who
323 operates a commercial motor vehicle solely in intrastate
324 commerce not transporting any hazardous material in amounts that
325 require placarding pursuant to 49 C.F.R. part 172 may not drive:
326 1. More than 12 hours following 10 consecutive hours off
327 duty; or
328 2. For any period after the end of the 16th hour after
329 coming on duty following 10 consecutive hours off duty.
330
331 The provisions of this paragraph do not apply to drivers of
332 utility service vehicles as defined in 49 C.F.R. s. 395.2.
333 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
334 operates a commercial motor vehicle solely in intrastate
335 commerce not transporting any hazardous material in amounts that
336 require placarding pursuant to 49 C.F.R. part 172 may not drive
337 after having been on duty more than 70 hours in any period of 7
338 consecutive days or more than 80 hours in any period of 8
339 consecutive days if the motor carrier operates every day of the
340 week. Thirty-four consecutive hours off duty shall constitute
341 the end of any such period of 7 or 8 consecutive days. This
342 weekly limit does not apply to a person who operates a
343 commercial motor vehicle solely within this state while
344 transporting, during harvest periods, any unprocessed
345 agricultural products or unprocessed food or fiber that is
346 subject to seasonal harvesting from place of harvest to the
347 first place of processing or storage or from place of harvest
348 directly to market or while transporting livestock, livestock
349 feed, or farm supplies directly related to growing or harvesting
350 agricultural products. Upon request of the Department of Highway
351 Safety and Motor Vehicles, motor carriers shall furnish time
352 records or other written verification to that department so that
353 the Department of Highway Safety and Motor Vehicles can
354 determine compliance with this subsection. These time records
355 must be furnished to the Department of Highway Safety and Motor
356 Vehicles within 2 days after receipt of that department’s
357 request. Falsification of such information is subject to a civil
358 penalty not to exceed $100. The provisions of This paragraph
359 does do not apply to operators of farm labor vehicles operated
360 during a state of emergency declared by the Governor or operated
361 pursuant to s. 570.07(21) or, and do not apply to drivers of
362 utility service vehicles as defined in 49 C.F.R. s. 395.2.
363 (d) A person who operates a commercial motor vehicle solely
364 in intrastate commerce not transporting any hazardous material
365 in amounts that require placarding pursuant to 49 C.F.R. part
366 172 within a 150 air-mile radius of the location where the
367 vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
368 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
369 and (v) are met. If a driver is not released from duty within 12
370 hours after the driver arrives for duty, the motor carrier must
371 maintain documentation of the driver’s driving times throughout
372 the duty period.
373 (e) A person who operates a commercial motor vehicle solely
374 in intrastate commerce is exempt from subsection (1) while
375 transporting agricultural products, including horticultural or
376 forestry products, from farm or harvest place to the first place
377 of processing or storage, or from farm or harvest place directly
378 to market. However, such person must comply with 49 C.F.R. parts
379 382, 392, and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
380 A vehicle or combination of vehicles operated pursuant to this
381 paragraph having a gross vehicle weight of 26,001 pounds or more
382 or having three or more axles on the power unit, regardless of
383 weight, must display the name of the vehicle owner or motor
384 carrier and the municipality or town where the vehicle is based
385 on each side of the power unit in letters that contrast with the
386 background and that are readable from a distance of 50 feet. A
387 person who violates this vehicle identification requirement may
388 be assessed a penalty as provided in s. 316.3025(3)(a).
389 (f) A person who operates a commercial motor vehicle having
390 a declared gross vehicle weight, gross vehicle weight rating,
391 and gross combined weight rating of less than 26,001 pounds
392 solely in intrastate commerce and who is not transporting
393 hazardous materials in amounts that require placarding pursuant
394 to 49 C.F.R. part 172, or who is transporting petroleum products
395 as defined in s. 376.301, is exempt from subsection (1).
396 However, such person must comply with 49 C.F.R. parts 382, 392,
397 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
398 (g) A person whose driving record shows no convictions for
399 the preceding 3 years and who, as of October 1, 1988, is
400 employed as a driver-salesperson, as defined in 49 C.F.R. s.
401 395.2, and who operates solely in intrastate commerce, is exempt
402 from 49 C.F.R. part 391.
403 (h) A person who is an employee of an electric utility, as
404 defined in s. 361.11, or a telephone company, as defined in s.
405 364.02, and who operates a commercial motor vehicle solely in
406 intrastate commerce and within a 200 air-mile radius of the
407 location where the vehicle is based, is exempt from 49 C.F.R.
408 ss. 396.11 and 396.13 and 49 C.F.R. part 391, subparts D and E.
409 (i) A person whose driving record shows no traffic
410 convictions, pursuant to s. 322.61, during the 2-year period
411 immediately preceding the application for the commercial driver
412 license, who is otherwise qualified as a driver under 49 C.F.R.
413 part 391, and who operates a commercial vehicle in intrastate
414 commerce only shall be exempt from the requirements of 49 C.F.R.
415 part 391, subpart E, s. 391.41(b)(10). However, such operators
416 are still subject to the requirements of ss. 322.12 and 322.121.
417 As proof of eligibility, such driver shall have in his or her
418 possession a physical examination form dated within the past 24
419 months.
420 (j) A person who is otherwise qualified as a driver under
421 49 C.F.R. part 391, who operates a commercial motor vehicle in
422 intrastate commerce only, and who does not transport hazardous
423 materials in amounts that require placarding pursuant to 49
424 C.F.R. part 172, is exempt from the requirements of 49 C.F.R.
425 part 391, subpart E, ss. 391.41(b)(3) and 391.43(e), relating to
426 diabetes.
427 (j)(k) A person holding a commercial driver license who is
428 a regularly employed driver of a commercial motor vehicle and is
429 subject to an alcohol and controlled substance testing program
430 related to that employment shall not be required to be part of a
431 separate testing program for operating any bus owned and
432 operated by a church when the driver does not receive any form
433 of compensation for operating the bus and when the bus is used
434 to transport people to or from church-related activities at no
435 charge. The provisions of this paragraph may not be implemented
436 if the Federal Government notifies the department that
437 implementation will adversely affect the allocation of federal
438 funds to the state.
439 Section 13. Subsection (3) of section 316.303, Florida
440 Statutes, is amended to read:
441 316.303 Television receivers.—
442 (3) This section does not prohibit the use of an electronic
443 display used in conjunction with a vehicle navigation system; an
444 electronic display used by an operator of a vehicle equipped
445 with autonomous technology, as defined in s. 316.003(3); or an
446 electronic display used by an operator of the nonlead a vehicle
447 in a platoon operating on a roadway in this state equipped and
448 operating with driver-assistive truck platooning technology, as
449 defined in s. 316.003.
450 Section 14. Subsection (8) of section 316.622, Florida
451 Statutes, is amended to read:
452 316.622 Farm labor vehicles.—
453 (8) The department shall provide to the Department of
454 Business and Professional Regulation each quarter a copy of each
455 crash accident report involving a farm labor vehicle.
456 Section 15. Paragraph (a) of subsection (1) of section
457 316.640, Florida Statutes, is amended to read:
458 316.640 Enforcement.—The enforcement of the traffic laws of
459 this state is vested as follows:
460 (1) STATE.—
461 (a)1.a. The Division of Florida Highway Patrol of the
462 Department of Highway Safety and Motor Vehicles; the Division of
463 Law Enforcement of the Fish and Wildlife Conservation
464 Commission; and the agents, inspectors, and officers of the
465 Department of Law Enforcement each have authority to enforce all
466 of the traffic laws of this state on all the streets and
467 highways thereof and elsewhere throughout the state wherever the
468 public has a right to travel by motor vehicle.
469 b. University police officers may enforce all of the
470 traffic laws of this state when violations occur on or within
471 1,000 feet of any property or facilities that are under the
472 guidance, supervision, regulation, or control of a state
473 university, a direct-support organization of such state
474 university, or any other organization controlled by the state
475 university or a direct-support organization of the state
476 university, or when such violations occur within a specified
477 jurisdictional area as agreed upon in a mutual aid agreement
478 entered into with a law enforcement agency pursuant to s.
479 23.1225(1). Traffic laws may also be enforced off-campus when
480 hot pursuit originates on or within 1,000 feet of any such
481 property or facilities, or as agreed upon in accordance with the
482 mutual aid agreement.
483 c. Florida College System institution police officers may
484 enforce all the traffic laws of this state only when such
485 violations occur on or within 1,000 feet of any property or
486 facilities that are under the guidance, supervision, regulation,
487 or control of the Florida College System institution, or when
488 such violations occur within a specified jurisdictional area as
489 agreed upon in a mutual aid agreement entered into with a law
490 enforcement agency pursuant to s. 23.1225. Traffic laws may also
491 be enforced off-campus when hot pursuit originates on or within
492 1,000 feet of any such property or facilities, or as agreed upon
493 in accordance with the mutual aid agreement.
494 d. Police officers employed by an airport authority may
495 enforce all of the traffic laws of this state only when such
496 violations occur on any property or facilities that are owned or
497 operated by an airport authority.
498 (I) An airport authority may employ as a parking
499 enforcement specialist any individual who successfully completes
500 a training program established and approved by the Criminal
501 Justice Standards and Training Commission for parking
502 enforcement specialists but who does not otherwise meet the
503 uniform minimum standards established by the commission for law
504 enforcement officers or auxiliary or part-time officers under s.
505 943.12. This sub-sub-subparagraph may not be construed to permit
506 the carrying of firearms or other weapons, nor shall such
507 parking enforcement specialist have arrest authority.
508 (II) A parking enforcement specialist employed by an
509 airport authority may enforce all state, county, and municipal
510 laws and ordinances governing parking only when such violations
511 are on property or facilities owned or operated by the airport
512 authority employing the specialist, by appropriate state,
513 county, or municipal traffic citation.
514 e. The Office of Agricultural Law Enforcement of the
515 Department of Agriculture and Consumer Services may enforce
516 traffic laws of this state.
517 f. School safety officers may enforce all of the traffic
518 laws of this state when such violations occur on or about any
519 property or facilities that are under the guidance, supervision,
520 regulation, or control of the district school board.
521 2. Any disciplinary action taken or performance evaluation
522 conducted by an agency of the state as described in subparagraph
523 1. of a law enforcement officer’s traffic enforcement activity
524 must be in accordance with written work-performance standards.
525 Such standards must be approved by the agency and any collective
526 bargaining unit representing such law enforcement officer. A
527 violation of this subparagraph is not subject to the penalties
528 provided in chapter 318.
529 3. The Division of the Florida Highway Patrol may employ as
530 a traffic crash accident investigation officer any individual
531 who successfully completes instruction in traffic crash accident
532 investigation and court presentation through the Selective
533 Traffic Enforcement Program as approved by the Criminal Justice
534 Standards and Training Commission and funded through the
535 National Highway Traffic Safety Administration or a similar
536 program approved by the commission, but who does not necessarily
537 meet the uniform minimum standards established by the commission
538 for law enforcement officers or auxiliary law enforcement
539 officers under chapter 943. Any such traffic crash accident
540 investigation officer who makes an investigation at the scene of
541 a traffic crash accident may issue traffic citations, based upon
542 personal investigation, when he or she has reasonable and
543 probable grounds to believe that a person who was involved in
544 the crash accident committed an offense under this chapter,
545 chapter 319, chapter 320, or chapter 322 in connection with the
546 crash accident. This subparagraph does not permit the officer to
547 carry firearms or other weapons, and such an officer does not
548 have authority to make arrests.
549 Section 16. Subsection (2) of section 316.655, Florida
550 Statutes, is amended to read:
551 316.655 Penalties.—
552 (2) A driver convicted of a violation of any offense
553 prohibited by this chapter or any other law of this state
554 regulating motor vehicles, which resulted in a crash an
555 accident, may have his or her driving privileges revoked or
556 suspended by the court if the court finds such revocation or
557 suspension warranted by the totality of the circumstances
558 resulting in the conviction and the need to provide for the
559 maximum safety for all persons who travel on or who are
560 otherwise affected by the use of the highways of the state. In
561 determining whether suspension or revocation is appropriate, the
562 court shall consider all pertinent factors, including, but not
563 limited to, such factors as the extent and nature of the
564 driver’s violation of this chapter, the number of persons killed
565 or injured as the result of the driver’s violation of this
566 chapter, and the extent of any property damage resulting from
567 the driver’s violation of this chapter.
568 Section 17. Section 316.70, Florida Statutes, is amended to
569 read:
570 316.70 Nonpublic sector buses; safety rules.—
571 (1) All owners and drivers of nonpublic sector buses
572 operated on the public highways of this state are subject to the
573 rules and regulations The Department of Transportation shall
574 establish and revise standards to ensure the safe operation of
575 nonpublic sector buses, which standards shall be those contained
576 in 49 C.F.R. parts 382, 383, 385, 386, 387 and 390-397. The
577 department and which shall be directed toward ensuring that:
578 (a) Nonpublic sector buses are safely maintained, equipped,
579 and operated.
580 (b) Nonpublic sector buses are carrying the insurance
581 required by law and carrying liability insurance on the checked
582 baggage of passengers not to exceed the standard adopted by the
583 United States Department of Transportation.
584 (b)(c) Florida license tags are purchased for nonpublic
585 sector buses pursuant to s. 320.38.
586 (d) The driving records of drivers of nonpublic sector
587 buses are checked by their employers at least once each year to
588 ascertain whether the driver has a suspended or revoked driver
589 license.
590 (2) Department of Transportation personnel may conduct
591 compliance investigations reviews for the purpose of determining
592 compliance with this section. A civil penalty not to exceed
593 $5,000 in the aggregate may be assessed against any person who
594 violates any provision of this section or who violates any
595 department rule or order of the Department of Transportation. A
596 civil penalty not to exceed $25,000 in the aggregate may be
597 assessed for violations found in a followup compliance
598 investigation review conducted within a 24-month period. A civil
599 penalty not to exceed $25,000 in the aggregate may be assessed
600 and the motor carrier may be enjoined pursuant to s. 316.3026 if
601 violations are found after a second followup compliance review
602 within 12 months after the first followup compliance review.
603 Motor carriers may be enjoined pursuant to s. 316.3026 for
604 violations identified during a compliance investigation or motor
605 carriers found to be operating without insurance coverage
606 required by s. 627.742 or 49 C.F.R. part 387 may be enjoined as
607 provided in s. 316.3026.
608 (3) For the purpose of enforcing this section, any law
609 enforcement officer of the department or duly appointed agent
610 who holds a current safety inspector certification from the
611 Commercial Vehicle Safety Alliance may require the driver of any
612 commercial vehicle operated on the highways of this state to
613 stop and submit to an inspection of the vehicle or the driver’s
614 records. If the vehicle or driver is operating in an unsafe
615 condition, or if any required part or equipment is not present
616 or is not in proper repair or adjustment, and the continued
617 operation would be unduly hazardous, the officer may require the
618 vehicle or the driver to be removed from service pursuant to the
619 North American Standard Out-of-Service Criteria, until the
620 safety concerns are corrected. However, if continuous operation
621 would not be unduly hazardous, the officer may give written
622 notice requiring correction of the condition within 15 days.
623 (4)(3) School buses subject to the provisions of chapter
624 1006 or s. 316.615 are exempt from the provisions of this
625 section.
626 Section 18. Section 318.19, Florida Statutes, is amended to
627 read:
628 318.19 Infractions requiring a mandatory hearing.
629 Subsections 318.14(2), (4), and (9) do not apply to any person
630 cited for an infraction identified in the infractions listed in
631 this section and he or she shall not have the provisions of s.
632 318.14(2), (4), and (9) available to him or her but must appear
633 before the designated official at the time and location of the
634 scheduled hearing for:
635 (1) Any infraction that which results in a crash that
636 causes the death of another;
637 (2) Any infraction that which results in a crash that
638 causes “serious bodily injury, as defined in s. 316.003,” of
639 another or of the person cited for the infraction as defined in
640 s. 316.1933(1);
641 (3) Any infraction of s. 316.172(1)(b);
642 (4) Any infraction of s. 316.520(1) or (2); or
643 (5) Any infraction of s. 316.183(2), s. 316.187, or s.
644 316.189 of exceeding the speed limit by 30 mph or more.
645 Section 19. Section 319.001, Florida Statutes, is amended
646 to read:
647 319.001 Definitions.—As used in this chapter, the term:
648 (1) “Certificate of title” means the record that is
649 evidence of ownership of a vehicle, whether a paper certificate
650 authorized by the department or a certificate consisting of
651 information that is stored in an electronic form in the
652 department’s database.
653 (2) “Conflict” or “conflict of interest” means a situation
654 in which a private interest could benefit from or interfere with
655 official duties or a public interest, including, but not limited
656 to, having a direct or indirect financial interest in a vehicle
657 being inspected pursuant to s. 319.141; or being employed by, or
658 directly or indirectly having an ownership interest in, an
659 entity that has a financial interest in a vehicle being
660 inspected pursuant to s. 319.141.
661 (3)(2) “Department” means the Department of Highway Safety
662 and Motor Vehicles.
663 (4)(3) “Front-end assembly” means fenders, hood, grill, and
664 bumper.
665 (5)(4) “Licensed dealer,” unless otherwise specifically
666 provided, means a motor vehicle dealer licensed under s. 320.27,
667 a mobile home dealer licensed under s. 320.77, or a recreational
668 vehicle dealer licensed under s. 320.771.
669 (6)(5) “Motorcycle body assembly” means frame, fenders, and
670 gas tanks.
671 (7)(6) “Motorcycle engine” means cylinder block, heads,
672 engine case, and crank case.
673 (8)(7) “Motorcycle transmission” means drive train.
674 (9)(8) “New mobile home” means a mobile home the equitable
675 or legal title to which has never been transferred by a
676 manufacturer, distributor, importer, or dealer to an ultimate
677 purchaser.
678 (10)(9) “New motor vehicle” means a motor vehicle the
679 equitable or legal title to which has never been transferred by
680 a manufacturer, distributor, importer, or dealer to an ultimate
681 purchaser; however, when legal title is not transferred but
682 possession of a motor vehicle is transferred pursuant to a
683 conditional sales contract or lease and the conditions are not
684 satisfied and the vehicle is returned to the motor vehicle
685 dealer, the motor vehicle may be resold by the motor vehicle
686 dealer as a new motor vehicle, provided the selling motor
687 vehicle dealer gives the following written notice to the
688 purchaser: “THIS VEHICLE WAS DELIVERED TO A PREVIOUS PURCHASER.”
689 The purchaser shall sign an acknowledgment, a copy of which is
690 kept in the selling dealer’s file.
691 (11) “Private rebuilt inspection provider” means a person
692 or an entity conducting rebuilt motor vehicle inspections who is
693 physically located in this state and is authorized by the
694 department and operating under this chapter.
695 (12)(10) “Rear body section” means both quarter panels,
696 decklid, bumper, and floor pan.
697 (13) “Rebuilt courier service” means an individual or
698 entity who provides services to vehicle owners or motor vehicle
699 dealers who use the inspection services of a private rebuilt
700 inspection provider. These services include, but are not limited
701 to, preparing, compiling, or providing forms, applications,
702 certificates of title, or other documentation required to
703 conduct a rebuilt inspection, or engaging in or arranging for
704 the transportation of vehicles for inspection.
705 (14) “Rebuilt inspection” means an examination of a rebuilt
706 vehicle and the required documentation. Required documentation
707 includes, but is not limited to: a properly endorsed certificate
708 of title, salvage certificate of title, or manufacturer’s
709 statement of origin; an application for a rebuilt branded
710 certificate of title; a rebuilder’s affidavit; a photograph of
711 the junk or salvage vehicle taken before repairs began; receipts
712 or invoices for all major component parts, as defined in s.
713 319.30; repairs conducted; and proof that notice of rebuilding
714 of the vehicle has been reported to the National Motor Vehicle
715 Title Information System. If an airbag or airbags were deployed,
716 before and after photos must be provided which clearly show the
717 deployed airbags and that the airbags have been replaced.
718 (15)(11) “Satisfaction of lien” means full payment of a
719 debt or release of a debtor from a lien by the lienholder.
720 (16)(12) “Used motor vehicle” means any motor vehicle that
721 is not a “new motor vehicle” as defined in this section
722 subsection (9).
723 Section 20. Section 319.141, Florida Statutes, is amended
724 to read:
725 319.141 Private Pilot rebuilt motor vehicle inspection
726 program.—
727 (1) The department may authorize private rebuilt inspection
728 providers under the terms of this section. The purpose of the
729 private rebuilt motor vehicle inspection program is to prevent
730 the use of stolen parts in the rebuilding process, identify and
731 recover stolen vehicles, require the installation of nonrecalled
732 airbags in rebuilt vehicles, and assist law enforcement with the
733 investigation of vehicle theft and related fraud. The department
734 may monitor and investigate private rebuilt inspection providers
735 and rebuilt courier services to ensure compliance with this
736 chapter. The department may examine all records pertaining to
737 any inspection or related service performed under the program.
738 (1) As used in this section, the term:
739 (a) “Facility” means a rebuilt motor vehicle inspection
740 facility authorized and operating under this section.
741 (b) “Rebuilt inspection services” means an examination of a
742 rebuilt vehicle and a properly endorsed certificate of title,
743 salvage certificate of title, or manufacturer’s statement of
744 origin and an application for a rebuilt certificate of title, a
745 rebuilder’s affidavit, a photograph of the junk or salvage
746 vehicle taken before repairs began, receipts or invoices for all
747 major component parts, as defined in s. 319.30, and repairs
748 which were changed, and proof that notice of rebuilding of the
749 vehicle has been reported to the National Motor Vehicle Title
750 Information System.
751 (2) By July 1, 2015, the department shall oversee a pilot
752 program in Miami-Dade County to evaluate alternatives for
753 rebuilt inspection services offered by existing private sector
754 operators, including the continued use of private facilities,
755 the cost impact to consumers, and the potential savings to the
756 department.
757 (2) A person or an entity, other than the department, may
758 not conduct rebuilt inspection services unless authorized to do
759 so by the department pursuant to this chapter.
760 (3) A person or an entity may not provide rebuilt courier
761 services in this state or from locations outside of this state
762 unless it has a valid, nonexclusive contract with each
763 department-authorized private rebuilt inspection provider with
764 which the rebuilt courier service conducts business. Such
765 contract must require the rebuilt courier service to comply with
766 state law and department procedures; provide proof of and agree
767 to maintain garage liability insurance in the amount of at least
768 $100,000; and comply with any other requirement established by
769 the department which is designed to protect the public, the
770 department, or the private rebuilt inspection provider from
771 illegal or disruptive conduct.
772 (3) The department shall establish a memorandum of
773 understanding that allows private parties participating in the
774 pilot program to conduct rebuilt motor vehicle inspections and
775 specifies requirements for oversight, bonding and insurance,
776 procedures, and forms and requires the electronic transmission
777 of documents.
778 (4) The department shall authorize private rebuilt
779 inspection providers who meet the requirements of this chapter.
780 (5)(4) Before authorization is granted to a private rebuilt
781 inspection provider an applicant is approved, the department
782 shall ensure that the private rebuilt inspection provider meets
783 applicant meets basic criteria designed to protect the public.
784 At a minimum, the applicant shall meet all of the following
785 requirements:
786 (a) Has submitted a request for authorization to the
787 department along with all required documentation.
788 (b) Has passed a physical location inspection conducted by
789 the department to ensure that the private rebuilt inspection
790 provider is operating in accordance with the requirements of
791 this section and in a location where no other business is
792 operating, attached, connected, or joined by a common address,
793 even if such location is recognized by the United States Postal
794 Service as a separate address. The location must have permanent
795 signage with posted business hours; a rebuilt inspection area
796 separate and visually obstructed from any area accessible to a
797 customer; and a surveillance camera with recording capabilities
798 for the rebuilt inspection area.
799 (c)(a) Has provided evidence of a good and sufficient Have
800 and maintain a surety bond or irrevocable letter of credit in
801 the amount of $100,000 executed by the private rebuilt
802 inspection provider which covers all activities under the
803 private rebuilt motor vehicle inspection program and names the
804 department as an insured. Such surety bonds and letters of
805 credit must be executed by a surety company authorized to do
806 business in this state as a surety, and irrevocable letters of
807 credit must be issued by a bank authorized to do business in
808 this state as a bank. Surety bonds and letters of credit must be
809 in favor of the department and must be for 1 year applicant.
810 (d)(b) Has identified and provided a lease or proof of
811 ownership of a proposed location that must be open to the public
812 Secure and maintain a facility at a permanent structure at an
813 address recognized by the United States Postal Service where the
814 only services provided on such property are rebuilt inspection
815 services. The location must be large enough to accommodate all
816 of the vehicles being inspected and must have sufficient space
817 to maintain physical security of all required inspection records
818 The operator of a facility shall annually attest that he or she
819 is not employed by or does not have an ownership interest in or
820 other financial arrangement with the owner, operator, manager,
821 or employee of a motor vehicle repair shop as defined in s.
822 559.903, a motor vehicle dealer as defined in s. 320.27(1)(c), a
823 towing company, a vehicle storage company, a vehicle auction, an
824 insurance company, a salvage yard, a metal retailer, or a metal
825 rebuilder, from which he or she receives remuneration, directly
826 or indirectly, for the referral of customers for rebuilt
827 inspection services.
828 (e) Has ensured that each owner, partner, and corporate
829 officer of the provider has provided an attestation
830 acknowledging he or she is deemed to be engaging in activities
831 that are in the public interest and are free of conflicts of
832 interest.
833 (f)(c) Has provided evidence of garage liability insurance
834 coverage with at least $100,000 single-limit liability coverage,
835 including bodily injury and property damage protection, and
836 $10,000 personal injury protection Have and maintain garage
837 liability and other insurance required by the department.
838 (g)(d) Has provided a criminal background check on all Have
839 completed criminal background checks of the owners, partners,
840 and corporate officers which demonstrates that they have not
841 been:
842 1. Convicted of a felony, pled guilty to a felony, or pled
843 nolo contendere to a felony involving fraud, theft, or dishonest
844 dealing within the last 10 years; or
845 2. Incarcerated for a felony involving fraud, theft, or
846 dishonest dealing within the last 10 years and the inspectors
847 employed by the facility.
848 (h) Has provided evidence of authorization to conduct
849 business in the state from the Florida Department of State,
850 Division of Corporations.
851 (e) Meet any additional criteria the department determines
852 necessary to conduct proper inspections.
853 (6) Each authorized private rebuilt inspection provider may
854 operate additional locations in this state with the prior
855 written approval of the department. In determining whether to
856 approve a location, the department must apply the same criteria
857 as in paragraph (5)(b). A private rebuilt inspection provider
858 may operate a mobile inspection unit, with the prior written
859 approval of the department, as long as it also has a permanent
860 facility that meets the criteria specified in paragraph (5)(b),
861 and the operation of such mobile inspection unit complies with
862 the terms of the agreement with the department as specified in
863 paragraph (7)(l).
864 (7) The department shall enter into a contract with each
865 authorized private rebuilt inspection provider. The agreement
866 must include all of the following:
867 (a) A requirement that the provider maintain connections
868 with and use the department’s motor vehicle database, the
869 National Motor Vehicle Title Information System, and information
870 from the National Insurance Crime Bureau.
871 (b) A requirement that the provider follow department
872 policies and procedures when conducting rebuilt inspections.
873 (c) A requirement that the provider maintain the
874 confidentiality of all information received under the agreement
875 in accordance with chapter 119 and the Driver Protection Privacy
876 Act.
877 (d) A provision that the agreement is not assignable to a
878 third party, either in whole or in part, without the prior
879 written consent of the department.
880 (e) A provision that the private rebuilt inspection
881 provider agrees to submit to oversight by the department.
882 (f) A requirement that the provider maintain records
883 required by department policies and procedures, making those
884 records available to the department for inspection, and
885 complying with state public records laws.
886 (g) Provisions outlining penalties for noncompliance with
887 the agreement, including termination.
888 (h) Forms required to be utilized by the private rebuilt
889 inspection provider to document completion of the rebuilt
890 inspection process. These forms must include, but need not be
891 limited to, a completed and signed application for certificate
892 of title with or without registration; a completed and signed
893 statement of builder describing the process and major component
894 parts used in the rebuilding of the motor vehicle; a completed
895 and signed power of attorney for a motor vehicle, mobile home or
896 vessel, if applicable; and a completed and signed vehicle
897 identification number and odometer verification.
898 (i) A requirement that the provider report stolen parts or
899 vehicles.
900 (j) A requirement that the provider maintain a surety bond
901 and garage liability insurance.
902 (k) Conditions under which the agreement may be terminated
903 by either party.
904 (l) Requirements for the operation of a mobile inspection
905 unit, including, but not limited to, maintenance of general
906 liability insurance in the amount of $100,000 and commercial
907 automobile liability insurance on each mobile unit in the amount
908 of $100,000, physical security for indicia and inspection
909 records, maintenance of records at a permanent facility,
910 cooperation with department oversight requirements, maintenance
911 of a weekly schedule of planned rebuilt inspections,
912 installation of a camera to document inspections, and observance
913 of the confidentiality of the rebuilt inspection process.
914 (8)(5) Each authorized private rebuilt inspection provider
915 shall A participant in the program shall access vehicle and
916 title information and enter inspection results through an
917 electronic filing system authorized by the department and shall
918 maintain records of each rebuilt vehicle inspection processed by
919 the private rebuilt inspection provider at such facility for at
920 least 5 years.
921 (9)(6) The department may shall immediately terminate the
922 contract with any private rebuilt inspection provider operator
923 from the program who fails to meet the minimum eligibility
924 requirements of this section specified in subsection (4). Before
925 a change in ownership of a private rebuilt inspection provider
926 facility, the current owner operator must give the department 45
927 days’ written notice of the intended sale. The prospective owner
928 must meet the all eligibility requirements of this section and
929 execute a new contract memorandum of understanding with the
930 department before he or she begins operating as a private
931 rebuilt inspection provider the facility.
932 (7) This section is repealed on July 1, 2018, unless saved
933 from repeal through reenactment by the Legislature.
934 (10) By July 1 of each year, an authorized private rebuilt
935 inspection provider shall attest that it has complied with this
936 section and each owner, partner, and corporate officer must
937 affirm he or she is free from conflicts of interest.
938 (11) Private rebuilt inspection providers may charge a fee
939 for their services in addition to the fees in s. 319.32. This
940 additional fee shall be clearly disclosed to each customer on
941 his or her receipt and be conspicuously posted in an area
942 frequented by customers.
943 Section 21. Section 319.1411, Florida Statutes, is created
944 to read:
945 319.1411 Monitoring of private rebuilt inspection
946 providers.—The department may monitor and inspect the operations
947 of private rebuilt inspection providers as it deems necessary to
948 determine whether the private rebuilt inspection provider is
949 operating in compliance with this chapter and to determine if
950 the private rebuilt inspection provider has engaged in any of
951 the business practices prohibited under s. 319.1412.
952 Section 22. Section 319.142, Florida Statutes, is created
953 to read:
954 319.142 Rules of conduct and prohibited business
955 practices.—
956 (1) Each of the following constitutes grounds for
957 termination of any and all contracts entered into with a private
958 rebuilt inspection provider pursuant to this chapter:
959 (a) Engaging in any business transaction or activity that
960 is in substantial conflict with the proper discharge of the
961 private rebuilt inspection provider’s duties in the public
962 interest.
963 (b) Allowing a vehicle to pass inspection knowing that
964 there was a material misrepresentation in the required
965 documentation or that the documentation submitted in support of
966 the inspection was counterfeit or materially altered.
967 (c) Failure to report to the department the identification
968 of a suspected stolen part or stolen vehicle during a rebuilt
969 inspection.
970 (d) In connection with providing private rebuilt inspection
971 services, engaging in any course of conduct that is fraud or
972 deceit upon the department, a dealer, or a vehicle owner.
973 (e) Knowingly falsifying department records or knowingly
974 providing materially false or misleading information to the
975 department.
976 (f) Failing to allow an examination or inspection of a
977 private rebuilt inspection provider facility, including a review
978 of books and records, by the department or law enforcement
979 during regular business hours.
980 (g) Passing a vehicle through inspection without having a
981 reasonable basis to believe that all airbags that are subject to
982 a safety recall issued by the National Highway Transportation
983 Safety Administration were replaced with airbags not subject to
984 such a safety recall.
985 (h) Failure to timely respond to a subpoena issued by the
986 department.
987 (i) Conducting rebuilt inspection services at a physical
988 location not approved in writing by the department or providing
989 services from a mobile unit not approved in writing by the
990 department.
991 (j) Failure to maintain at all times a garage liability
992 insurance in the amount of at least $100,000.
993 (k) Failure to maintain at all times a good and sufficient
994 surety bond or irrevocable letter of credit in the amount of
995 $100,000 which covers all activities under the private rebuilt
996 motor vehicle inspection program and names the department as an
997 insured.
998 (l) Violation of this section or the contract between the
999 department and the private rebuilt inspection provider.
1000 (m) The use of advertising that would reasonably lead the
1001 public to believe that the provider was or is an employee or
1002 representative of the department, or the use in its name of the
1003 terms “Department of Highway Safety and Motor Vehicles,” “DMV,”
1004 “DHSMV,” “FLHSMV,” or “HSMV” or any other terms or logos that
1005 that are associated with the department.
1006 (2) Written notice of termination of a contract under this
1007 section must be provided before termination of the contract.
1008 Section 23. Section 319.1414, Florida Statutes, is created
1009 to read:
1010 319.1414 Investigations; examinations; subpoenas; hearings;
1011 witnesses.—
1012 (1) The department may conduct investigations and
1013 examinations of department-authorized private rebuilt inspection
1014 providers as it deems necessary to determine whether a person
1015 has violated or is about to violate this chapter or a contract
1016 entered into pursuant to this chapter or to assist with the
1017 enforcement of this chapter.
1018 (2) For purposes of any investigation or examination
1019 conducted under this section, the department may exercise the
1020 power of subpoena and the powers to administer oaths or
1021 affirmations, to examine witnesses, to require affidavits, to
1022 take depositions, and to compel the attendance of witnesses and
1023 the production of books, papers, documents, records, and other
1024 evidence. Such subpoenas may be served by a designated agent of
1025 the department.
1026 (3) If a person refuses to testify, produce books, papers,
1027 documents, or records, or otherwise obey a subpoena or subpoena
1028 duces tecum issued under subsection (2), the department may
1029 petition a court of competent jurisdiction in the county where
1030 the person’s residence or principal place of business is
1031 located, upon which the court must issue an order requiring such
1032 person to obey the subpoena or show cause for failing to obey
1033 the subpoena. Unless the person shows sufficient cause for
1034 failing to obey the subpoena, the court shall direct the person
1035 to obey the subpoena and award costs incurred by the department
1036 to obtain the order. Failure to comply with such order is
1037 contempt of court.
1038 (4) For the purpose of any investigation, examination, or
1039 proceeding initiated by the department under this chapter, the
1040 department is authorized to designate agents to serve subpoenas
1041 and other process, and administer oaths or affirmations.
1042 (5) Witnesses subpoenaed under this section are entitled to
1043 witness fees at the same rate established by s. 92.142 for
1044 witnesses in a civil case, except that witness fees are not
1045 payable for appearance at the witness’s place of business during
1046 regular business hours or at the witness’s residence.
1047 (6) The department may adopt rules to administer this
1048 section.
1049 Section 24. Section 319.25, Florida Statutes, is amended to
1050 read:
1051 319.25 Cancellation of certificates; investigations;
1052 subpoenas and other process; oaths; rules.—
1053 (1) If it appears that a certificate of title has been
1054 improperly issued, the department shall cancel the certificate.
1055 Upon cancellation of any certificate of title, the department
1056 shall notify the person to whom the certificate of title was
1057 issued, as well as any lienholders appearing thereon, of the
1058 cancellation and shall demand the surrender of the certificate
1059 of title, but the cancellation shall not affect the validity of
1060 any lien noted thereon. The holder of the certificate of title
1061 shall return it to the department forthwith. If a certificate of
1062 registration has been issued to the holder of a certificate of
1063 title so canceled, the department shall immediately cancel the
1064 certificate of registration and demand the return of such
1065 certificate of registration and license plate or mobile home
1066 sticker; and the holder of such certificate of registration and
1067 license plate or sticker shall return them to the department
1068 forthwith.
1069 (2) The department is authorized, upon application of any
1070 person and payment of the proper fees, to prepare and furnish
1071 lists containing title information in such form as the
1072 department may authorize, to search the records of the
1073 department and make reports thereof, and to make photographic
1074 copies of the department records and attestations thereof,
1075 except as provided in chapter 119.
1076 (3) The department may conduct investigations and
1077 examinations of any person suspected of violating or of having
1078 violated this chapter or any rule adopted or order issued under
1079 this chapter.
1080 (4) For purposes of any investigation or examination
1081 conducted under this section, the department may exercise the
1082 power of subpoena and the powers to administer oaths or
1083 affirmations, to examine witnesses, to require affidavits, to
1084 take depositions, and to compel the attendance of witnesses and
1085 the production of books, papers, documents, records, and other
1086 evidence. Such subpoenas may be served by an authorized
1087 representative of the department.
1088 (5) If a person refuses to testify, produce books, papers,
1089 documents, or records, or otherwise obey the subpoena or
1090 subpoena duces tecum issued under subsection (4), the department
1091 may petition a court of competent jurisdiction in the county
1092 where the person’s residence or principal place of business is
1093 located, upon which the court must issue an order requiring such
1094 person to obey the subpoena or show cause for failing to obey
1095 the subpoena. Unless the person shows sufficient cause for
1096 failing to obey the subpoena, the court must direct the person
1097 to obey the subpoena and award costs incurred by the department
1098 to obtain the order. Failure to comply with such order is
1099 contempt of court.
1100 (6) For the purpose of any investigation, examination, or
1101 proceeding initiated by the department under this chapter, the
1102 department is authorized to designate agents to serve subpoenas
1103 and other process, and administer oaths or affirmations.
1104 (7) Witnesses subpoenaed under this section are entitled to
1105 witness fees at the same rate established by s. 92.142 for
1106 witnesses in a civil case, except that witness fees are not
1107 payable for appearance at the witness’s place of business during
1108 regular business hours or at the witness’s residence.
1109 (8) The department may adopt rules to administer this
1110 section.
1111 Section 25. Contingent upon the enactment of Senate Bill
1112 7094 or other similar legislation enacted in the 2019 Regular
1113 Session or an extension thereof, subsection (3) of section
1114 319.40, Florida Statutes, is amended to read:
1115 319.40 Transactions by electronic or telephonic means.—
1116 (3) The department or tax collector may collect electronic
1117 mail addresses or cellular telephone numbers and use electronic
1118 mail or text messages in lieu of the United States Postal
1119 Service as a method of notification and for the purpose of
1120 providing information related to Department of Highway Safety
1121 and Motor Vehicles functions in accordance with chapter 119 and
1122 pursuant to the federal Driver Privacy Protection Act of 1994,
1123 18 U.S.C. ss. 2721 et seq. However, any notice regarding the
1124 potential forfeiture or foreclosure of an interest in property
1125 must be sent via the United States Postal Service. The provision
1126 of electronic mail addresses and cellular telephone numbers by
1127 the applicant is optional and, before collection pursuant to
1128 this subsection, the department or tax collector shall disclose
1129 to the applicant the purposes for which the electronic mail
1130 addresses and cellular telephone numbers may be used.
1131 Section 26. Subsection (24) of section 320.01, Florida
1132 Statutes, is amended to read:
1133 320.01 Definitions, general.—As used in the Florida
1134 Statutes, except as otherwise provided, the term:
1135 (24) “Apportionable vehicle” means any vehicle, except
1136 recreational vehicles, vehicles displaying restricted plates,
1137 city pickup and delivery vehicles, buses used in transportation
1138 of chartered parties, and government-owned vehicles, which is
1139 used or intended for use in two or more member jurisdictions
1140 that allocate or proportionally register vehicles and which is
1141 used for the transportation of persons for hire or is designed,
1142 used, or maintained primarily for the transportation of property
1143 and:
1144 (a) Is a power unit having a gross vehicle weight in excess
1145 of 26,000 pounds;
1146 (b) Is a power unit having three or more axles, regardless
1147 of weight; or
1148 (c) Is used in combination, when the weight of such
1149 combination exceeds 26,000 pounds gross vehicle weight.
1150
1151 Vehicles, or combinations thereof, having a gross vehicle weight
1152 of 26,000 pounds or less and two-axle vehicles may be
1153 proportionally registered.
1154 Section 27. Paragraph (b) of subsection (4) of section
1155 320.03, Florida Statutes, is amended to read:
1156 320.03 Registration; duties of tax collectors;
1157 International Registration Plan.—
1158 (4)
1159 (b) The Florida Real Time Vehicle Information System shall
1160 be installed in every tax collector’s and license tag agent’s
1161 office in accordance with a schedule established by the
1162 department in consultation with the tax collectors and
1163 contingent upon funds being made available for the system by the
1164 state. For the purpose of enhancing customer services provided
1165 by tax collectors acting on behalf of the department, the
1166 department, contingent upon an approved request and memorandum
1167 of understanding, shall provide tax collectors, and tax
1168 collector-approved agents and vendors with real-time access to
1169 data that other third parties receive from the department
1170 related to vehicle and mobile home registration certificates,
1171 registration license plates, and validation stickers, including,
1172 but not limited to, the most current address information and
1173 electronic mail addresses of applicants. The memorandum of
1174 understanding as required under this paragraph may not be more
1175 restrictive than any memorandum of understanding between the
1176 department and other third-party vendors.
1177 Section 28. Contingent upon the enactment of Senate Bill
1178 7092 or other similar legislation enacted in the 2019 Regular
1179 Session or an extension thereof, paragraph (b) of subsection (1)
1180 of section 320.06, Florida Statutes, is amended to read:
1181 320.06 Registration certificates, license plates, and
1182 validation stickers generally.—
1183 (1)
1184 (b)1. Registration license plates bearing a graphic symbol
1185 and the alphanumeric system of identification shall be issued
1186 for a 10-year period. At the end of the 10-year period, upon
1187 renewal, the plate shall be replaced. The department shall
1188 extend the scheduled license plate replacement date from a 6
1189 year period to a 10-year period. The fee for such replacement is
1190 $28, $2.80 of which shall be paid each year before the plate is
1191 replaced, to be credited toward the next $28 replacement fee.
1192 The fees shall be deposited into the Highway Safety Operating
1193 Trust Fund. A credit or refund may not be given for any prior
1194 years’ payments of the prorated replacement fee if the plate is
1195 replaced or surrendered before the end of the 10-year period,
1196 except that a credit may be given if a registrant is required by
1197 the department to replace a license plate under s.
1198 320.08056(8)(a). With each license plate, a validation sticker
1199 shall be issued showing the owner’s birth month, license plate
1200 number, and the year of expiration or the appropriate renewal
1201 period if the owner is not a natural person. The validation
1202 sticker shall be placed on the upper right corner of the license
1203 plate. The license plate and validation sticker shall be issued
1204 based on the applicant’s appropriate renewal period. The
1205 registration period is 12 months, the extended registration
1206 period is 24 months, and all expirations occur based on the
1207 applicant’s appropriate registration period.
1208 2. A vehicle that has an apportioned registration shall be
1209 issued an annual license plate and a cab card denoting that
1210 denote the declared gross vehicle weight for each apportioned
1211 jurisdiction in which the vehicle is authorized to operate. This
1212 subparagraph expires January 1, 2023.
1213 3. Upon implementation of a new operating system for
1214 apportioned vehicle registration, a vehicle registered in
1215 accordance with the International Registration Plan must be
1216 issued a license plate for a 5-year period, an annual cab card
1217 denoting the declared gross vehicle weight for each apportioned
1218 jurisdiction, and an annual validation sticker showing the month
1219 and year of expiration. The validation sticker must be placed in
1220 the center of the license plate. The license plate and
1221 validation sticker must be issued based on the applicant’s
1222 appropriate renewal period. The registration period is 12
1223 months. This fee must be deposited into the Highway Safety
1224 Operating Trust Fund. If the license plate is damaged or worn,
1225 it may be replaced at no charge by applying to the department
1226 and surrendering the current license plate.
1227 4.2. In order to retain the efficient administration of the
1228 taxes and fees imposed by this chapter, the 80-cent fee increase
1229 in the replacement fee imposed by chapter 2009-71, Laws of
1230 Florida, is negated as provided in s. 320.0804.
1231 Section 29. Subsection (2) of section 320.06, Florida
1232 Statutes, is amended to read:
1233 320.06 Registration certificates, license plates, and
1234 validation stickers generally.—
1235 (2) The department shall provide the several tax collectors
1236 and license plate agents with the necessary number of validation
1237 stickers. However, the tax collectors and their agents shall
1238 have the option to purchase validation stickers and paper stock
1239 that is used to produce vehicle registrations from the
1240 department’s contracted vendor or from other vendors if such
1241 items meet the department’s specifications and are procured at
1242 prices that are at or lower than the pricing reflected in the
1243 department’s existing contracts for procuring these items. Such
1244 purchases by the tax collectors and their agents are exempt from
1245 the competitive bid requirements of chapter 287. The department
1246 shall reimburse the tax collectors and their agents for these
1247 purchases, but reimbursement may not be made at prices higher
1248 than the pricing contained in the department’s existing
1249 contract. The tax collectors and their agents shall invoice the
1250 department in arrears for the validation stickers and vehicle
1251 registrations as they are issued.
1252 Section 30. Subsection (5) of section 320.0607, Florida
1253 Statutes, is amended to read:
1254 320.0607 Replacement license plates, validation decal, or
1255 mobile home sticker.—
1256 (5) Upon the issuance of an original license plate, the
1257 applicant shall pay a fee of $28 to be deposited in the Highway
1258 Safety Operating Trust Fund. Upon implementation of a new
1259 operating system for apportioned vehicle registrations, this
1260 subsection does not apply to a vehicle registered under the
1261 International Registration Plan.
1262 Section 31. Subsection (10) is added to section 320.131,
1263 Florida Statutes, to read:
1264 320.131 Temporary tags.—
1265 (10) The department may partner with a county tax collector
1266 to conduct a Fleet Vehicle Temporary Tag Pilot Program to
1267 provide temporary tags to fleet companies to allow them to
1268 operate fleet vehicles awaiting a permanent registration and
1269 title.
1270 (a) The department shall enter into a memorandum of
1271 understanding that allows up to 10 companies to participate in
1272 the pilot program and to receive multiple temporary tags for
1273 company fleet vehicles.
1274 (b) To participate in the program, a fleet company must
1275 have at least 3,500 fleet vehicles registered in this state
1276 which qualify to be registered as fleet vehicles pursuant to s.
1277 320.0657.
1278 (c) The department, upon the request of an eligible fleet
1279 company, may issue up to 50 temporary tags per request to such
1280 company.
1281 (d) A temporary tag issued under this subsection is for
1282 exclusive use on a vehicle purchased for the company’s fleet and
1283 may not be used on any other vehicle.
1284 (e) Each temporary tag may be used on only one vehicle, and
1285 each vehicle may use only one temporary tag.
1286 (f) Upon issuance of the vehicle’s permanent license plate
1287 and registration, the temporary tag becomes invalid and must be
1288 removed from the vehicle and destroyed.
1289 (g) Upon a finding by the department that a temporary tag
1290 has been misused by a fleet company under the program, the
1291 department may terminate the memorandum of understanding with
1292 the company, invalidate all temporary tags issued to the company
1293 under the program, and require such company to return any unused
1294 temporary tags.
1295 (h) The issuance of a tag using this method must be
1296 reported to the department within 2 business days, not including
1297 weekends or state holidays, after the issuance of the tag. The
1298 county tax collector shall keep a record of each temporary tag
1299 issued. The record must include the date of issuance, tag number
1300 issued, vehicle identification number, and vehicle description.
1301 (i) This subsection is repealed October 1, 2022, unless
1302 saved from repeal through reenactment by the Legislature.
1303 Section 32. Paragraph (g) is added to subsection (1) of
1304 section 320.27, Florida Statutes, and paragraph (a) of
1305 subsection (9) and subsection (11) of that section are amended,
1306 to read:
1307 320.27 Motor vehicle dealers.—
1308 (1) DEFINITIONS.—The following words, terms, and phrases
1309 when used in this section have the meanings respectively
1310 ascribed to them in this subsection, except where the context
1311 clearly indicates a different meaning:
1312 (g) “Control person” means any person who has significant
1313 authority, directly or indirectly, to direct the management or
1314 policies of a company, whether through ownership, by contract,
1315 or otherwise. The term includes any person who is an owner,
1316 director, general partner, officer, manager, or employee
1317 exercising decisionmaking responsibility or exercising similar
1318 executive status or functions. The term does not include an
1319 employee whose function is only clerical, ministerial, or in
1320 sales under the supervision of an owner or manager or other
1321 person exercising decisionmaking responsibility.
1322 (9) DENIAL, SUSPENSION, OR REVOCATION.—
1323 (a) The department may deny a new or renewal application
1324 for or, suspend, or revoke any license issued hereunder or under
1325 the provisions of s. 320.77 or s. 320.771 upon proof that an
1326 applicant or a licensee has:
1327 1. Committed fraud or willful misrepresentation in
1328 application for or in obtaining a license.
1329 2. Been convicted of a felony and either has not completed
1330 the resulting felony sentence or has completed the felony
1331 sentence less than 10 years from the date of licensure
1332 application.
1333 3. Failed to honor a bank draft or check given to a motor
1334 vehicle dealer for the purchase of a motor vehicle by another
1335 motor vehicle dealer within 10 days after notification that the
1336 bank draft or check has been dishonored. If the transaction is
1337 disputed, the maker of the bank draft or check shall post a bond
1338 in accordance with the provisions of s. 559.917, and no
1339 proceeding for revocation or suspension shall be commenced until
1340 the dispute is resolved.
1341 4.a. Failed to provide payment within 10 business days to
1342 the department for a check payable to the department that was
1343 dishonored due to insufficient funds in the amount due plus any
1344 statutorily authorized fee for uttering a worthless check. The
1345 department shall notify an applicant or licensee when the
1346 applicant or licensee makes payment to the department by a check
1347 that is subsequently dishonored by the bank due to insufficient
1348 funds. The applicant or licensee shall, within 10 business days
1349 after receiving the notice, provide payment to the department in
1350 the form of cash in the amount due plus any statutorily
1351 authorized fee. If the applicant or licensee fails to make such
1352 payment within 10 business days, the department may deny,
1353 suspend, or revoke the applicant’s or licensee’s motor vehicle
1354 dealer license.
1355 b. Stopped payment on a check payable to the department,
1356 issued a check payable to the department from an account that
1357 has been closed, or charged back a credit card transaction to
1358 the department. If an applicant or licensee commits any such
1359 act, the department may deny, suspend, or revoke the applicant’s
1360 or licensee’s motor vehicle dealer license.
1361 5.a. Previously owned a majority interest in, or acted as a
1362 control person of, a motor vehicle dealer that, within the past
1363 10 years, has been the subject of any decision, finding,
1364 injunction, suspension, revocation, denial, judgment, or
1365 administrative order by any court of competent jurisdiction,
1366 administrative law judge, or any state agency which resulted in
1367 a finding of violation of any federal or state law relating to
1368 unlicensed activity or fraud in connection with the sale of a
1369 motor vehicle.
1370 b. Knowingly employed or contracted with a person under
1371 sub-subparagraph a. or a person who has been convicted of a
1372 felony and either has not completed the resulting felony
1373 sentence or completed the felony sentence less than 10 years
1374 from the date of licensure application as a control person.
1375 (11) INJUNCTION.—
1376 (a) In addition to the remedies provided in this chapter
1377 and notwithstanding the existence of any adequate remedy at law,
1378 the department is authorized to make application to any circuit
1379 court of the state, and such circuit court shall have
1380 jurisdiction, upon a hearing and for cause shown, to grant a
1381 temporary or permanent injunction, or both, restraining any
1382 person from acting as a motor vehicle dealer under the terms of
1383 this section without being properly licensed hereunder, from
1384 violating or continuing to violate any of the provisions of
1385 chapter 319, this chapter, or ss. 559.901-559.9221, or for
1386 failing or refusing to comply with the requirements of chapter
1387 319, this chapter, or ss. 559.901-559.9221, or any rule or
1388 regulation adopted thereunder, such injunction to be issued
1389 without bond. A single act in violation of the provisions of
1390 chapter 319, this chapter, or chapter 559 shall be sufficient to
1391 authorize the issuance of an injunction.
1392 (b) If the court grants the injunction, the court may bar,
1393 permanently or for a specific time, any person found to have
1394 violated any federal or state law relating to unlicensed
1395 activity or fraud in connection with the sale of a motor
1396 vehicle. A person who is barred by the court under this
1397 paragraph may not continue in any capacity within the industry.
1398 The person may not have a management, sales, or any other role
1399 in the operation of a dealership. Further, if permanently
1400 barred, the person may not derive income from the dealership
1401 beyond reasonable compensation for the sale of his or her
1402 ownership interest in the business.
1403 Section 33. Subsection (2) of section 320.8232, Florida
1404 Statutes, is amended to read:
1405 320.8232 Establishment of uniform standards for used
1406 recreational vehicles and repair and remodeling code for mobile
1407 homes.—
1408 (2) The provisions of the Mobile and Manufactured Home
1409 Repair and Remodeling Code shall be a uniform code and repair
1410 and remodeling code shall ensure safe and livable housing and
1411 shall not be more stringent than those standards required to be
1412 met in the manufacture of mobile homes. Such provisions shall
1413 include, but not be limited to, standards for structural
1414 adequacy, plumbing, heating, electrical systems, and fire and
1415 life safety. All repair and remodeling of mobile and
1416 manufactured homes shall be done in accordance with department
1417 rules.
1418 Section 34. Section 320.861, Florida Statutes, is amended
1419 to read:
1420 320.861 Investigations; subpoenas and other process; oaths;
1421 rules Inspection of records; production of evidence; subpoena
1422 power.—
1423 (1) The department may conduct investigations and
1424 examinations on any person suspected of violating or of having
1425 violated this chapter or any rule adopted or order issued
1426 thereunder inspect the pertinent books, records, letters, and
1427 contracts of any licensee, whether dealer or manufacturer,
1428 relating to any written complaint made to it against such
1429 licensee.
1430 (2) For purposes of any investigation or examination
1431 conducted under this section, the department may is granted and
1432 authorized to exercise the power of subpoena and the powers to
1433 administer oaths or affirmations, to examine witnesses, to
1434 require affidavits, to take depositions, and to compel the
1435 attendance of witnesses and the production of books, papers,
1436 documents, records, and other evidence. Such subpoenas may be
1437 served by a designated agent of the department for the
1438 attendance of witnesses and the production of any documentary
1439 evidence necessary to the disposition by it of any written
1440 complaint against any licensee, whether dealer or manufacturer.
1441 (3) If a person refuses to testify; to produce books,
1442 papers, documents, or records; or to otherwise obey the subpoena
1443 or subpoena duces tecum issued under subsection (2), the
1444 department may petition a court of competent jurisdiction in the
1445 county where the person’s residence or principal place of
1446 business is located, upon which the court must issue an order
1447 requiring such person to obey the subpoena or show cause for
1448 failing to obey the subpoena. Unless the person shows sufficient
1449 cause for failing to obey the subpoena, the court must direct
1450 the person to obey the subpoena and award costs incurred by the
1451 department to obtain the order. Failure to comply with such
1452 order constitutes contempt of court.
1453 (4) For the purpose of any investigation, examination, or
1454 proceeding initiated by the department under this chapter, the
1455 department may designate agents to serve subpoenas and other
1456 process and administer oaths or affirmations. The department
1457 shall exercise this power on its own initiative in accordance
1458 with ss. 320.615 and 320.71.
1459 (5) Witnesses subpoenaed under this section are entitled to
1460 witness fees at the same rate established by s. 92.142 for
1461 witnesses in a civil case, except that witness fees are not
1462 payable for appearance at the witness’s place of business during
1463 regular business hours or at the witness’s residence.
1464 (6) The department may adopt rules to administer this
1465 section.
1466 Section 35. Contingent upon the enactment of Senate Bill
1467 7094 or other similar legislation enacted in the 2019 Regular
1468 Session or an extension thereof, subsection (2) of section
1469 320.95, Florida Statutes, is amended to read:
1470 320.95 Transactions by electronic or telephonic means.—
1471 (2) The department or tax collector may collect electronic
1472 mail addresses or cellular telephone numbers and use electronic
1473 mail or text messages in lieu of the United States Postal
1474 Service for the purpose of providing information related to
1475 Department of Highway Safety and Motor Vehicles functions in
1476 accordance with chapter 119 and pursuant to the federal Driver
1477 Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
1478 provision of electronic mail addresses and cellular telephone
1479 numbers by the applicant is optional and, before collection
1480 pursuant to this subsection, the department or tax collector
1481 shall disclose to the applicant the purposes for which the
1482 electronic mail addresses and cellular telephone numbers may be
1483 used renewal notices.
1484 Section 36. Subsection (1) of section 321.05, Florida
1485 Statutes, is amended to read:
1486 321.05 Duties, functions, and powers of patrol officers.
1487 The members of the Florida Highway Patrol are hereby declared to
1488 be conservators of the peace and law enforcement officers of the
1489 state, with the common-law right to arrest a person who, in the
1490 presence of the arresting officer, commits a felony or commits
1491 an affray or breach of the peace constituting a misdemeanor,
1492 with full power to bear arms; and they shall apprehend, without
1493 warrant, any person in the unlawful commission of any of the
1494 acts over which the members of the Florida Highway Patrol are
1495 given jurisdiction as hereinafter set out and deliver him or her
1496 to the sheriff of the county that further proceedings may be had
1497 against him or her according to law. In the performance of any
1498 of the powers, duties, and functions authorized by law, members
1499 of the Florida Highway Patrol have the same protections and
1500 immunities afforded other peace officers, which shall be
1501 recognized by all courts having jurisdiction over offenses
1502 against the laws of this state, and have authority to apply for,
1503 serve, and execute search warrants, arrest warrants, capias, and
1504 other process of the court. The patrol officers under the
1505 direction and supervision of the Department of Highway Safety
1506 and Motor Vehicles shall perform and exercise throughout the
1507 state the following duties, functions, and powers:
1508 (1) To patrol the state highways and regulate, control, and
1509 direct the movement of traffic thereon; to maintain the public
1510 peace by preventing violence on highways; to apprehend fugitives
1511 from justice; to enforce all laws regulating and governing
1512 traffic, travel, and public safety upon the public highways and
1513 providing for the protection of the public highways and public
1514 property thereon, including the security and safety of this
1515 state’s transportation infrastructure; to make arrests without
1516 warrant for the violation of any state law committed in their
1517 presence in accordance with state law; providing that no search
1518 may be made unless it is incident to a lawful arrest, to
1519 regulate and direct traffic concentrations and congestions; to
1520 enforce laws governing the operation, licensing, and taxing and
1521 limiting the size, weight, width, length, and speed of vehicles
1522 and licensing and controlling the operations of drivers and
1523 operators of vehicles, including the safety, size, and weight of
1524 commercial motor vehicles; to collect all state fees and
1525 revenues levied as an incident to the use or right to use the
1526 highways for any purpose, including the taxing and registration
1527 of commercial motor vehicles; to require the drivers of vehicles
1528 to stop and exhibit their driver licenses, registration cards,
1529 or documents required by law to be carried by such vehicles; to
1530 investigate traffic crashes accidents, secure testimony of
1531 witnesses and of persons involved, and make report thereof with
1532 copy, if requested in writing, to any person in interest or his
1533 or her attorney; to investigate reported thefts of vehicles; and
1534 to seize contraband or stolen property on or being transported
1535 on the highways. Each patrol officer of the Florida Highway
1536 Patrol is subject to and has the same arrest and other authority
1537 provided for law enforcement officers generally in chapter 901
1538 and has statewide jurisdiction. Each officer also has arrest
1539 authority as provided for state law enforcement officers in s.
1540 901.15. This section does not conflict with, but is supplemental
1541 to, chapter 933.
1542 Section 37. Section 321.065, Florida Statutes, is amended
1543 to read:
1544 321.065 Traffic crash accident investigation officers;
1545 employment; standards.—The department may employ traffic crash
1546 accident investigation officers who must complete any applicable
1547 standards adopted by the Florida Highway Patrol, including, but
1548 not limited to: cognitive testing, drug testing, polygraph
1549 testing, psychological testing, and an extensive background
1550 check, including a credit check.
1551 Section 38. Paragraph (d) of subsection (2) of section
1552 321.23, Florida Statutes, is amended to read:
1553 321.23 Public records; fees for copies; destruction of
1554 obsolete records; photographing records; effect as evidence.—
1555 (2) Fees for copies of public records shall be charged and
1556 collected as follows:
1557 (d) Photographs (crashes accidents, etc.):
1558
1559 EnlargementProof Color Black &White
1560 1. 5″ x 7″ $1.00 $0.75
1561 2. 8″ x 10″ $1.50 $1.00
1562 3. 11″ x 14″ Not Available $1.75
1563 4. 16″ x 20″ Not Available $2.75
1564 5. 20″ x 24″ Not Available $3.75
1565
1566
1567
1568 The department shall furnish such information without charge to
1569 any local, state, or federal law enforcement agency upon proof
1570 satisfactory to the department as to the purpose of the
1571 investigation.
1572 Section 39. Paragraph (a) of subsection (2) of section
1573 322.051, Florida Statutes, is amended to read:
1574 322.051 Identification cards.—
1575 (2)(a) Every identification card:
1576 1. Issued to a person 5 years of age to 14 years of age
1577 shall expire, unless canceled earlier, on the fourth birthday of
1578 the applicant following the date of original issue.
1579 2. Issued to a person 15 years of age and older shall
1580 expire, unless canceled earlier, on the eighth birthday of the
1581 applicant following the date of original issue.
1582
1583 Renewal of an identification card shall be made for the
1584 applicable term enumerated in this paragraph. Any application
1585 for renewal received later than 12 months 90 days after
1586 expiration of the identification card shall be considered the
1587 same as an application for an original identification card.
1588 Section 40. Paragraphs (a) and (b) of subsection (4) of
1589 section 322.0602, Florida Statutes, are amended to read:
1590 322.0602 Youthful Drunk Driver Visitation Program.—
1591 (4) VISITATION REQUIREMENT.—
1592 (a) To the extent that personnel and facilities are made
1593 available to the court, the court may include a requirement for
1594 supervised visitation by the probationer to all, or any, of the
1595 following:
1596 1. A trauma center, as defined in s. 395.4001, or a
1597 hospital as defined in s. 395.002, which regularly receives
1598 victims of vehicle crashes accidents, between the hours of 10
1599 p.m. and 2 a.m. on a Friday or Saturday night, in order to
1600 observe appropriate victims of vehicle crashes accidents
1601 involving drinking drivers, under the supervision of any of the
1602 following:
1603 a. A registered nurse trained in providing emergency trauma
1604 care or prehospital advanced life support.
1605 b. An emergency room physician.
1606 c. An emergency medical technician.
1607 2. A licensed service provider, as defined in s. 397.311,
1608 which cares for substance abuse impaired persons, to observe
1609 persons in the terminal stages of substance abuse impairment,
1610 under the supervision of appropriately licensed medical
1611 personnel. Prior to any visitation of such terminally ill or
1612 disabled persons, the persons or their legal representatives
1613 must give their express consent to participate in the visitation
1614 program.
1615 3. If approved by the county coroner, the county coroner’s
1616 office or the county morgue to observe appropriate victims of
1617 vehicle crashes accidents involving drinking drivers, under the
1618 supervision of the coroner or a deputy coroner.
1619 (b) As used in this section, the term “appropriate victims”
1620 means victims or their legal representatives, including the next
1621 of kin, who have expressly given their consent to participate in
1622 the visitation program and victims whose condition is determined
1623 by the visitation supervisor to demonstrate the results of
1624 crashes accidents involving drinking drivers without being
1625 excessively gruesome or traumatic to the probationer.
1626 Section 41. Contingent upon the enactment of Senate Bill
1627 7094 or other similar legislation enacted in the 2019 Regular
1628 Session or an extension thereof, subsection (10) of section
1629 322.08, Florida Statutes, is amended to read:
1630 322.08 Application for license; requirements for license
1631 and identification card forms.—
1632 (10) The department or tax collector may collect electronic
1633 mail addresses or cellular telephone numbers and use electronic
1634 mail or text messages in lieu of the United States Postal
1635 Service for the purpose of providing information related to
1636 Department of Highway Safety and Motor Vehicles functions in
1637 accordance with chapter 119 and pursuant to the federal Driver
1638 Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
1639 provision of electronic mail addresses and cellular telephone
1640 numbers by the applicant is optional and, before collection
1641 pursuant to this subsection, the department or tax collector
1642 shall disclose to the applicant the purposes for which the
1643 electronic mail addresses and cellular telephone numbers may be
1644 used renewal notices.
1645 Section 42. Subsection (5) of section 322.091, Florida
1646 Statutes, is amended to read:
1647 322.091 Attendance requirements.—
1648 (5) REPORTING AND ACCOUNTABILITY.—The department shall make
1649 available, upon request, a report quarterly to each school
1650 district which includes the legal name, sex, date of birth, and
1651 social security number of each student whose driving privileges
1652 have been suspended under this section.
1653 Section 43. Section 322.17, Florida Statutes, is amended to
1654 read:
1655 322.17 Replacement licenses, identification cards, and
1656 permits.—
1657 (1)(a) In the event that an instruction permit or driver
1658 license issued under the provisions of this chapter is lost or
1659 destroyed, the person to whom the same was issued may, upon
1660 payment of the appropriate fee pursuant to s. 322.21, obtain a
1661 replacement upon furnishing proof satisfactory to the department
1662 that such permit or license has been lost or destroyed, and
1663 further furnishing the full name, date of birth, sex, residence
1664 and mailing address, proof of birth satisfactory to the
1665 department, and proof of identity satisfactory to the
1666 department.
1667 (b) In the event that an instruction permit, or driver
1668 license, or identification card issued under the provisions of
1669 this chapter is stolen, the person to whom the same was issued
1670 may, at no charge, obtain a replacement upon furnishing proof
1671 satisfactory to the department that such permit, or license, or
1672 identification card was stolen and further furnishing the
1673 person’s full name, date of birth, sex, residence and mailing
1674 address, proof of birth satisfactory to the department, and
1675 proof of identity satisfactory to the department.
1676 (2) Upon the surrender of the original license and the
1677 payment of the appropriate fees pursuant to s. 322.21, the
1678 department shall issue a replacement license to make a change in
1679 name, address, or restrictions.
1680 (3) Notwithstanding any other provisions of this chapter,
1681 if a licensee establishes his or her identity for a driver
1682 license using an identification document authorized under s.
1683 322.08(2)(c)7. or 8., the licensee may not obtain a duplicate or
1684 replacement instruction permit or driver license except in
1685 person and upon submission of an identification document
1686 authorized under s. 322.08(2)(c)7. or 8.
1687 (4) Notwithstanding any other provision of this section or
1688 s. 322.21, the department shall, if necessary, issue or renew a
1689 replacement driver license at no charge to an inmate if the
1690 department determines that he or she has a valid driver license.
1691 If the replacement driver license is scheduled to expire within
1692 6 months, the department may also issue a temporary permit valid
1693 for at least 6 months after the release date.
1694 Section 44. Subsection (10) is added to section 322.21,
1695 Florida Statutes, to read:
1696 322.21 License fees; procedure for handling and collecting
1697 fees.—
1698 (10) An applicant who submits an application for a renewal
1699 or replacement driver license or identification card to the
1700 department using a convenience service must be provided with an
1701 option for expedited shipping in which the department, at the
1702 applicant’s request, must issue the license or identification
1703 card within 5 working days after receipt of the application and
1704 ship the license or card using an expedited mail service. The
1705 department must charge the applicant electing the expedited
1706 shipping option for the exact cost of the expedited mail
1707 service, which is in addition to fees imposed by s. 322.051 or
1708 this section. Funds collected for the expedited shipping shall
1709 be deposited into the Highway Safety Operating Trust Fund.
1710 Section 45. Present subsection (8) of section 322.212,
1711 Florida Statutes, is redesignated as subsection (9), a new
1712 subsection (8) is added to that section, and subsection (5) of
1713 that section is amended, to read:
1714 322.212 Unauthorized possession of, and other unlawful acts
1715 in relation to, driver license or identification card.—
1716 (5)(a) It is unlawful for any person to use a false or
1717 fictitious name in any application for a driver license or
1718 identification card or knowingly to make a false statement,
1719 knowingly conceal a material fact, knowingly provide altered or
1720 counterfeit documents, knowingly participate in dishonest or
1721 deceptive actions, or otherwise commit a fraud in any such
1722 application.
1723 (b) It is unlawful for any person to have in his or her
1724 possession a driver license or identification card upon which
1725 the date of birth has been altered.
1726 (c) It is unlawful for any person designated as a sexual
1727 predator or sexual offender to have in his or her possession a
1728 driver license or identification card upon which the sexual
1729 predator or sexual offender markings required by s. 322.141 are
1730 not displayed or have been altered.
1731 (8) In addition to any other penalties provided by this
1732 section, the department shall suspend the license or permit of
1733 any person who provides false information when applying for a
1734 driver license, identification card, commercial driver license,
1735 or commercial learner’s permit or who is convicted of fraud in
1736 connection with testing for a driver license, commercial driver
1737 license, or commercial learner’s permit for a period of 1 year.
1738 Section 46. Section 322.36, Florida Statutes, is amended to
1739 read:
1740 322.36 Permitting unauthorized operator to drive.—A person
1741 may not authorize or knowingly permit a motor vehicle owned by
1742 him or her or under his or her dominion or control to be
1743 operated upon any highway or public street except by a person
1744 who is duly authorized to operate a motor vehicle under this
1745 chapter. Any person who violates this section commits a
1746 misdemeanor of the second degree, punishable as provided in s.
1747 775.082 or s. 775.083. If a person violates this section by
1748 knowingly loaning a vehicle to a person whose driver license is
1749 suspended and if that vehicle is involved in a crash an accident
1750 resulting in bodily injury or death, the driver license of the
1751 person violating this section shall be suspended for 1 year.
1752 Section 47. Subsection (1) of section 322.61, Florida
1753 Statutes, is amended to read:
1754 322.61 Disqualification from operating a commercial motor
1755 vehicle.—
1756 (1) A person who, for offenses occurring within a 3-year
1757 period, is convicted of two of the following serious traffic
1758 violations or any combination thereof, arising in separate
1759 incidents committed in a commercial motor vehicle shall, in
1760 addition to any other applicable penalties, be disqualified from
1761 operating a commercial motor vehicle for a period of 60 days. A
1762 holder of a commercial driver license or commercial learner’s
1763 permit who, for offenses occurring within a 3-year period, is
1764 convicted of two of the following serious traffic violations, or
1765 any combination thereof, arising in separate incidents committed
1766 in a noncommercial motor vehicle shall, in addition to any other
1767 applicable penalties, be disqualified from operating a
1768 commercial motor vehicle for a period of 60 days if such
1769 convictions result in the suspension, revocation, or
1770 cancellation of the licenseholder’s driving privilege:
1771 (a) A violation of any state or local law relating to motor
1772 vehicle traffic control, other than a parking violation, arising
1773 in connection with a crash resulting in death.;
1774 (b) Reckless driving, as defined in s. 316.192.;
1775 (c) Unlawful speed of 15 miles per hour or more above the
1776 posted speed limit.;
1777 (d) Improper lane change, as defined in s. 316.085.;
1778 (e) Following too closely, as defined in s. 316.0895.;
1779 (f) Driving a commercial vehicle without obtaining a
1780 commercial driver license.;
1781 (g) Driving a commercial vehicle without the proper class
1782 of commercial driver license or commercial learner’s permit or
1783 without the proper endorsement.; or
1784 (h) Driving a commercial vehicle without a commercial
1785 driver license or commercial learner’s permit in possession, as
1786 required by s. 322.03.
1787 (i) Texting while driving a commercial motor vehicle as
1788 prohibited by 49 C.F.R. 392.80.
1789 (j) Using a hand-held mobile telephone while driving a
1790 commercial motor vehicle, as prohibited by 49 C.F.R 392.82.
1791 Section 48. Section 322.71, Florida Statutes, is created to
1792 read:
1793 322.71 Investigations; subpoenas and other process; oaths;
1794 rules.—
1795 (1) The department may conduct investigations and
1796 examinations on any person suspected of violating or of having
1797 violated any provision of this chapter or any rule adopted or
1798 order issued under this chapter.
1799 (2) For purposes of any investigation or examination
1800 conducted under this section, the department may exercise the
1801 power of subpoena and the powers to administer oaths or
1802 affirmations, to examine witnesses, to require affidavits, to
1803 take depositions, and to compel the attendance of witnesses and
1804 the production of books, papers, documents, records, and other
1805 evidence. Such subpoenas may be served by an authorized
1806 representative of the department.
1807 (3) If a person refuses to testify; to produce books,
1808 papers, documents, or records; or to otherwise obey the subpoena
1809 or subpoena duces tecum issued under subsection (2), the
1810 department may petition a court of competent jurisdiction in the
1811 county where the person’s residence or principal place of
1812 business is located, upon which the court must issue an order
1813 requiring such person to obey the subpoena or show cause for
1814 failing to obey the subpoena. Unless the person shows sufficient
1815 cause for failing to obey the subpoena, the court must direct
1816 the person to obey the subpoena and award costs incurred by the
1817 department to obtain the order. Failure to comply with such
1818 order constitutes contempt of court.
1819 (4) For the purpose of any investigation, examination, or
1820 proceeding initiated by the department under this chapter, the
1821 department may designate agents to serve subpoenas and other
1822 process and administer oaths or affirmations.
1823 (5) Witnesses subpoenaed under this section are entitled to
1824 witness fees at the same rate established by s. 92.142 for
1825 witnesses in a civil case, except that witness fees are not
1826 payable for appearance at the witness’s place of business during
1827 regular business hours or at the witness’s residence.
1828 (6) The department may adopt rules to administer this
1829 section.
1830 Section 49. Subsection (4) of section 323.001, Florida
1831 Statutes, is amended to read:
1832 323.001 Wrecker operator storage facilities; vehicle
1833 holds.—
1834 (4) The requirements for a written hold apply when the
1835 following conditions are present:
1836 (a) The officer has probable cause to believe the vehicle
1837 should be seized and forfeited under the Florida Contraband
1838 Forfeiture Act, ss. 932.701-932.7062;
1839 (b) The officer has probable cause to believe the vehicle
1840 should be seized and forfeited under chapter 379;
1841 (c) The officer has probable cause to believe the vehicle
1842 was used as the means of committing a crime;
1843 (d) The officer has probable cause to believe that the
1844 vehicle is itself evidence that tends to show that a crime has
1845 been committed or that the vehicle contains evidence, which
1846 cannot readily be removed, which tends to show that a crime has
1847 been committed;
1848 (e) The officer has probable cause to believe the vehicle
1849 was involved in a traffic crash accident resulting in death or
1850 personal injury and should be sealed for investigation and
1851 collection of evidence by a vehicular homicide investigator;
1852 (f) The vehicle is impounded or immobilized pursuant to s.
1853 316.193 or s. 322.34; or
1854 (g) The officer is complying with a court order.
1855 Section 50. Paragraph (c) of subsection (1), paragraph (c)
1856 of subsection (2), and subsection (4) of section 323.002,
1857 Florida Statutes, are amended to read:
1858 323.002 County and municipal wrecker operator systems;
1859 penalties for operation outside of system.—
1860 (1) As used in this section, the term:
1861 (c) “Wrecker operator system” means a system for the towing
1862 or removal of wrecked, disabled, or abandoned vehicles, similar
1863 to the Florida Highway Patrol wrecker operator system described
1864 in s. 321.051(2), under which a county or municipality contracts
1865 with one or more wrecker operators for the towing or removal of
1866 wrecked, disabled, or abandoned vehicles from crash accident
1867 scenes, streets, or highways. A wrecker operator system shall
1868 include using a method for apportioning the towing assignments
1869 among the eligible wrecker operators through the creation of
1870 geographic zones, a rotation schedule, or a combination of these
1871 methods.
1872 (2) In any county or municipality that operates a wrecker
1873 operator system:
1874 (c) When an unauthorized wrecker operator drives by the
1875 scene of a wrecked or disabled vehicle and the owner or operator
1876 initiates contact by signaling the wrecker operator to stop and
1877 provide towing services, the unauthorized wrecker operator must
1878 disclose in writing to the owner or operator of the vehicle his
1879 or her full name and driver license number, that he or she is
1880 not the authorized wrecker operator who has been designated as
1881 part of the wrecker operator system, that the motor vehicle is
1882 not being towed for the owner’s or operator’s insurance company
1883 or lienholder, whether he or she has in effect an insurance
1884 policy providing at least $300,000 of liability insurance and at
1885 least $50,000 of on-hook cargo insurance, and the maximum
1886 charges for towing and storage which will apply before the
1887 vehicle is connected to the towing apparatus. The unauthorized
1888 wrecker operator must also provide a copy of the disclosure to
1889 the owner or operator in the presence of a law enforcement
1890 officer if such officer is at the scene of a motor vehicle crash
1891 accident. Any person who violates this paragraph commits a
1892 misdemeanor of the second degree, punishable as provided in s.
1893 775.082 or s. 775.083, and the person’s wrecker, tow truck, or
1894 other motor vehicle that was used during the offense may be
1895 immediately removed and impounded pursuant to subsection (3).
1896 (4) This section does not prohibit, or in any way prevent,
1897 the owner or operator of a vehicle involved in a crash an
1898 accident or otherwise disabled from contacting any wrecker
1899 operator for the provision of towing services, whether the
1900 wrecker operator is an authorized wrecker operator or not.
1901 Section 51. Section 324.011, Florida Statutes, is amended
1902 to read:
1903 324.011 Purpose of chapter.—It is the intent of this
1904 chapter to recognize the existing privilege to own or operate a
1905 motor vehicle on the public streets and highways of this state
1906 when such vehicles are used with due consideration for others
1907 and their property, and to promote safety and provide financial
1908 security requirements for such owners or operators whose
1909 responsibility it is to recompense others for injury to person
1910 or property caused by the operation of a motor vehicle.
1911 Therefore, it is required herein that the operator of a motor
1912 vehicle involved in a crash or convicted of certain traffic
1913 offenses meeting the operative provisions of s. 324.051(2) shall
1914 respond for such damages and show proof of financial ability to
1915 respond for damages in future crashes accidents as a requisite
1916 to his or her future exercise of such privileges.
1917 Section 52. Subsection (1) of section 324.022, Florida
1918 Statutes, is amended to read:
1919 324.022 Financial responsibility for property damage.—
1920 (1) Every owner or operator of a motor vehicle required to
1921 be registered in this state shall establish and maintain the
1922 ability to respond in damages for liability on account of
1923 crashes accidents arising out of the use of the motor vehicle in
1924 the amount of $10,000 because of damage to, or destruction of,
1925 property of others in any one crash. The requirements of this
1926 section may be met by one of the methods established in s.
1927 324.031; by self-insuring as authorized by s. 768.28(16); or by
1928 maintaining an insurance policy providing coverage for property
1929 damage liability in the amount of at least $10,000 because of
1930 damage to, or destruction of, property of others in any one
1931 crash accident arising out of the use of the motor vehicle. The
1932 requirements of this section may also be met by having a policy
1933 which provides coverage in the amount of at least $30,000 for
1934 combined property damage liability and bodily injury liability
1935 for any one crash arising out of the use of the motor vehicle.
1936 The policy, with respect to coverage for property damage
1937 liability, must meet the applicable requirements of s. 324.151,
1938 subject to the usual policy exclusions that have been approved
1939 in policy forms by the Office of Insurance Regulation. No
1940 insurer shall have any duty to defend uncovered claims
1941 irrespective of their joinder with covered claims.
1942 Section 53. Section 324.023, Florida Statutes, is amended
1943 to read:
1944 324.023 Financial responsibility for bodily injury or
1945 death.—In addition to any other financial responsibility
1946 required by law, every owner or operator of a motor vehicle that
1947 is required to be registered in this state, or that is located
1948 within this state, and who, regardless of adjudication of guilt,
1949 has been found guilty of or entered a plea of guilty or nolo
1950 contendere to a charge of driving under the influence under s.
1951 316.193 after October 1, 2007, shall, by one of the methods
1952 established in s. 324.031(1) or (2), establish and maintain the
1953 ability to respond in damages for liability on account of
1954 crashes accidents arising out of the use of a motor vehicle in
1955 the amount of $100,000 because of bodily injury to, or death of,
1956 one person in any one crash and, subject to such limits for one
1957 person, in the amount of $300,000 because of bodily injury to,
1958 or death of, two or more persons in any one crash and in the
1959 amount of $50,000 because of property damage in any one crash.
1960 If the owner or operator chooses to establish and maintain such
1961 ability by furnishing a certificate of deposit pursuant to s.
1962 324.031(2), such certificate of deposit must be at least
1963 $350,000. Such higher limits must be carried for a minimum
1964 period of 3 years. If the owner or operator has not been
1965 convicted of driving under the influence or a felony traffic
1966 offense for a period of 3 years from the date of reinstatement
1967 of driving privileges for a violation of s. 316.193, the owner
1968 or operator shall be exempt from this section.
1969 Section 54. Paragraph (b) of subsection (1) and paragraph
1970 (a) of subsection (2) of section 324.051, Florida Statutes, are
1971 amended to read:
1972 324.051 Reports of crashes; suspensions of licenses and
1973 registrations.—
1974 (1)
1975 (b) The department is hereby further authorized to require
1976 reports of crashes from individual owners or operators whenever
1977 it deems it necessary for the proper administration of this
1978 chapter, and these reports shall be made without prejudice
1979 except as specified in this subsection. No such report shall be
1980 used as evidence in any trial arising out of a crash. However,
1981 subject to the applicable rules of evidence, a law enforcement
1982 officer at a criminal trial may testify as to any statement made
1983 to the officer by the person involved in the crash accident if
1984 that person’s privilege against self-incrimination is not
1985 violated.
1986 (2)(a) Thirty days after receipt of notice of any crash
1987 accident described in paragraph (1)(a) involving a motor vehicle
1988 within this state, the department shall suspend, after due
1989 notice and opportunity to be heard, the license of each operator
1990 and all registrations of the owner of the vehicles operated by
1991 such operator whether or not involved in such crash and, in the
1992 case of a nonresident owner or operator, shall suspend such
1993 nonresident’s operating privilege in this state, unless such
1994 operator or owner shall, prior to the expiration of such 30
1995 days, be found by the department to be exempt from the operation
1996 of this chapter, based upon evidence satisfactory to the
1997 department that:
1998 1. The motor vehicle was legally parked at the time of such
1999 crash.
2000 2. The motor vehicle was owned by the United States
2001 Government, this state, or any political subdivision of this
2002 state or any municipality therein.
2003 3. Such operator or owner has secured a duly acknowledged
2004 written agreement providing for release from liability by all
2005 parties injured as the result of said crash and has complied
2006 with one of the provisions of s. 324.031.
2007 4. Such operator or owner has deposited with the department
2008 security to conform with s. 324.061 when applicable and has
2009 complied with one of the provisions of s. 324.031.
2010 5. One year has elapsed since such owner or operator was
2011 suspended pursuant to subsection (3), the owner or operator has
2012 complied with one of the provisions of s. 324.031, and no bill
2013 of complaint of which the department has notice has been filed
2014 in a court of competent jurisdiction.
2015
2016 No such policy or bond shall be effective under this subsection
2017 unless it contains limits of not less than those specified in s.
2018 324.021(7).
2019 Section 55. Subsections (2), (3), and (4) of section
2020 324.242, Florida Statutes, are amended to read:
2021 324.242 Personal injury protection and property damage
2022 liability insurance policies; public records exemption.—
2023 (2) Upon receipt of a request and proof of a crash report
2024 as required under s. 316.065, s. 316.066, or s. 316.068, or a
2025 crash report created pursuant to the laws of another state, the
2026 department shall release the policy number for a policy covering
2027 a vehicle involved in a motor vehicle crash accident to:
2028 (a) Any person involved in such crash accident;
2029 (b) The attorney of any person involved in such crash
2030 accident; or
2031 (c) A representative of the insurer of any person involved
2032 in such crash accident.
2033 (3) The department shall provide personal injury protection
2034 and property damage liability insurance policy numbers to
2035 department-approved third parties that provide data collection
2036 services to an insurer of any person involved in such crash
2037 accident.
2038 (4) Before the department’s release of a policy number in
2039 accordance with subsection (2) or subsection (3), an insurer’s
2040 representative, a contracted third party, or an attorney for a
2041 person involved in a crash an accident must provide the
2042 department with documentation confirming proof of
2043 representation.
2044 Section 56. Contingent upon the enactment of Senate Bill
2045 7094 or other similar legislation enacted in the 2019 Regular
2046 Session or an extension thereof, section 328.30, Florida
2047 Statutes, is amended to read:
2048 328.30 Transactions by electronic or telephonic means.—
2049 (1) The Department of Highway Safety and Motor Vehicles may
2050 accept any application provided for under this part chapter by
2051 electronic or telephonic means.
2052 (2) The department may issue an electronic certificate of
2053 title in lieu of printing a paper title.
2054 (3) The department or tax collector may collect electronic
2055 mail addresses or cellular telephone numbers and use electronic
2056 mail or text messages in lieu of the United States Postal
2057 Service for the purpose of providing information related to
2058 Department of Highway Safety and Motor Vehicles functions in
2059 accordance with chapter 119 and pursuant to the federal Driver
2060 Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
2061 provision of electronic mail addresses and cellular telephone
2062 numbers by the applicant is optional and, before collection
2063 pursuant to this subsection, the department or tax collector
2064 shall disclose to the applicant the purposes for which the
2065 electronic mail addresses and cellular telephone numbers may be
2066 used renewal notices.
2067 Section 57. Contingent upon the enactment of Senate Bill
2068 7094 or other similar legislation enacted in the 2019 Regular
2069 Session or an extension thereof, subsection (3) of section
2070 328.40, Florida Statutes, is amended to read:
2071 328.40 Administration of vessel registration and titling
2072 laws; records.—
2073 (3) All records made or kept by the Department of Highway
2074 Safety and Motor Vehicles under this part are subject to
2075 inspection and copying as provided in chapter 119 law are public
2076 records except for confidential reports.
2077 Section 58. Subsection (1) of section 328.73, Florida
2078 Statutes, is amended to read:
2079 328.73 Registration; duties of tax collectors.—
2080 (1) The tax collectors in the counties of the state, as
2081 authorized agents of the department, shall issue registration
2082 certificates and vessel numbers and decals to applicants,
2083 subject to the requirements of law and in accordance with rules
2084 of the department. For the purpose of enhancing customer
2085 services provided by tax collectors acting on behalf of the
2086 department, the department, contingent upon an approved request
2087 and memorandum of understanding, shall provide tax collectors,
2088 and tax collector-approved agents and vendors with real-time
2089 access to data that other third parties receive from the
2090 department related to registration certificates and vessel
2091 numbers and decals, including, but not limited to, the most
2092 current address information and electronic mail addresses of
2093 applicants. The memorandum of understanding as required under
2094 this paragraph may not be more restrictive than any memorandum
2095 of understanding between the department and other third-party
2096 vendors.
2097 Section 59. Contingent upon the enactment of Senate Bill
2098 7094 or other similar legislation enacted in the 2019 Regular
2099 Session or an extension thereof, section 328.80, Florida
2100 Statutes, is amended to read:
2101 328.80 Transactions by electronic or telephonic means.—
2102 (1) The Department of Highway Safety and Motor Vehicles
2103 commission is authorized to accept any application provided for
2104 under this part chapter by electronic or telephonic means.
2105 (2) The department or tax collector may collect electronic
2106 mail addresses or cellular telephone numbers and use electronic
2107 mail or text messages in lieu of the United States Postal
2108 Service for the purpose of providing information related to
2109 Department of Highway Safety and Motor Vehicles functions in
2110 accordance with chapter 119 and pursuant to the federal Driver
2111 Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
2112 provision of electronic mail addresses and cellular telephone
2113 numbers by the applicant is optional and, before collection
2114 pursuant to this subsection, the department or tax collector
2115 shall disclose to the applicant the purposes for which the
2116 electronic mail addresses and cellular telephone numbers may be
2117 used.
2118 Section 60. Subsection (4) of section 627.7415, Florida
2119 Statutes, is amended to read:
2120 627.7415 Commercial motor vehicles; additional liability
2121 insurance coverage.—Commercial motor vehicles, as defined in s.
2122 207.002 or s. 320.01, operated upon the roads and highways of
2123 this state shall be insured with the following minimum levels of
2124 combined bodily liability insurance and property damage
2125 liability insurance in addition to any other insurance
2126 requirements:
2127 (4) All commercial motor vehicles subject to regulations of
2128 the United States Department of Transportation, 49 C.F.R. part
2129 387, subparts subpart A and B, and as may be hereinafter
2130 amended, shall be insured in an amount equivalent to the minimum
2131 levels of financial responsibility as set forth in such
2132 regulations.
2133
2134 A violation of this section is a noncriminal traffic infraction,
2135 punishable as a nonmoving violation as provided in chapter 318.
2136 Section 61. Subsection (2) of section 316.251, Florida
2137 Statutes, is amended to read:
2138 316.251 Maximum bumper heights.—
2139 (2) “New motor vehicles” as defined in s. 319.001 s.
2140 319.001(9), “antique automobiles” as defined in s. 320.08,
2141 “horseless carriages” as defined in s. 320.086, and “street
2142 rods” as defined in s. 320.0863 shall be excluded from the
2143 requirements of this section.
2144 Section 62. Subsection (19) of section 501.976, Florida
2145 Statutes, is amended to read:
2146 501.976 Actionable, unfair, or deceptive acts or
2147 practices.—It is an unfair or deceptive act or practice,
2148 actionable under the Florida Deceptive and Unfair Trade
2149 Practices Act, for a dealer to:
2150 (19) Fail to disclose damage to a new motor vehicle, as
2151 defined in s. 319.001 s. 319.001(9), of which the dealer had
2152 actual knowledge, if the dealer’s actual cost of repairs exceeds
2153 the threshold amount, excluding replacement items.
2154
2155 In any civil litigation resulting from a violation of this
2156 section, when evaluating the reasonableness of an award of
2157 attorney’s fees to a private person, the trial court shall
2158 consider the amount of actual damages in relation to the time
2159 spent.
2160 Section 63. Subsection (1) of section 655.960, Florida
2161 Statutes, is amended to read:
2162 655.960 Definitions; ss. 655.960-655.965.—As used in this
2163 section and ss. 655.961-655.965, unless the context otherwise
2164 requires:
2165 (1) “Access area” means any paved walkway or sidewalk which
2166 is within 50 feet of any automated teller machine. The term does
2167 not include any street or highway open to the use of the public,
2168 as defined in s. 316.003(84)(a) or (b) s. 316.003(81)(a) or (b),
2169 including any adjacent sidewalk, as defined in s. 316.003.
2170 Section 64. Subsection (5) of section 856.015, Florida
2171 Statutes, is amended to read:
2172 856.015 Open house parties.—
2173 (5) If a violation of subsection (2) causes or contributes
2174 to causing serious bodily injury, as defined in s. 316.003
2175 316.1933, or death to the minor, or if the minor causes or
2176 contributes to causing serious bodily injury or death to another
2177 as a result of the minor’s consumption of alcohol or drugs at
2178 the open house party, the violation is a misdemeanor of the
2179 first degree, punishable as provided in s. 775.082 or s.
2180 775.083.
2181 Section 65. This act shall take effect July 1, 2019.
2182
2183 ================= T I T L E A M E N D M E N T ================
2184 And the title is amended as follows:
2185 Delete everything before the enacting clause
2186 and insert:
2187 A bill to be entitled
2188 An act relating to the Department of Highway Safety
2189 and Motor Vehicles; amending s. 316.003, F.S.;
2190 defining terms; conforming a cross-reference; amending
2191 s. 316.027, F.S.; deleting the defined term “serious
2192 bodily injury”; requiring community service in a
2193 trauma center or hospital that receives victims of
2194 vehicle crashes; amending s. 316.0271, F.S.; requiring
2195 that, under a yellow dot program, certain critical
2196 medical information be made readily available to
2197 responders in the event of a motor vehicle crash;
2198 authorizing an emergency medical responder at a motor
2199 vehicle crash to search the glove compartment of the
2200 vehicle for a yellow dot folder; amending s. 316.061,
2201 F.S.; prohibiting certain persons from being liable or
2202 at fault regarding the cause of a crash solely by
2203 reason of moving a vehicle; repealing s. 316.0896,
2204 F.S., relating to the assistive truck platooning
2205 technology pilot project; creating s. 316.0897, F.S.;
2206 exempting the operator of a nonlead vehicle in a
2207 platoon from provisions relating to following too
2208 closely; authorizing a platoon to be operated on a
2209 roadway in this state after an operator provides
2210 notification to the Department of Transportation and
2211 the Department of Highway Safety and Motor Vehicles;
2212 amending s. 316.1895, F.S.; authorizing a district
2213 school board by simple majority vote to increase the
2214 time a school zone speed limit is in force under
2215 certain circumstances; amending s. 316.192, F.S.;
2216 deleting the defined term “serious bodily injury”;
2217 amending s. 316.193, F.S.; adding an operator to
2218 persons who may incur serious bodily injury for
2219 purposes of a certain penalty; amending s. 316.1933,
2220 F.S.; adding a driver to persons who may incur serious
2221 bodily injury for purposes of a certain alcohol or
2222 drug test; deleting the defined term “serious bodily
2223 injury”; amending s. 316.194, F.S.; authorizing
2224 traffic crash investigation officers, rather than
2225 traffic accident investigation officers, to move
2226 vehicles; amending s. 316.302, F.S.; revising the
2227 applicability of specified rules and regulations to
2228 certain owners and drivers of commercial motor
2229 vehicles; providing that a person who operates a
2230 commercial motor vehicle solely in intrastate commerce
2231 which does not transport hazardous materials in
2232 amounts that require placarding need not comply with
2233 specified requirements of electronic logging devices
2234 and hours of service supporting documents until a
2235 specified date; removing a limit on civil penalties
2236 for falsification of certain time records; deleting a
2237 requirement that a motor carrier maintain
2238 documentation of driving times under certain
2239 circumstances; revising the conditions under which
2240 persons who operate commercial motor vehicles are
2241 exempt from specified rules and regulations; amending
2242 s. 316.303, F.S.; exempting an operator of a certain
2243 platoon vehicle from the prohibition on the active
2244 display of television or video; amending s. 316.622,
2245 F.S.; requiring that the department provide to the
2246 Department of Business and Professional Regulation a
2247 copy of each crash report involving a farm labor
2248 vehicle; amending s. 316.640, F.S.; authorizing the
2249 Division of the Florida Highway Patrol to employ
2250 traffic crash investigation officers, rather than
2251 traffic accident investigation officers; conforming
2252 provisions to changes made by that act; amending s.
2253 316.655, F.S.; authorizing a driver convicted of
2254 certain violations resulting in a crash, rather than
2255 an accident, to have his or her driving privileges
2256 revoked or suspended by the court; amending s. 316.70,
2257 F.S.; requiring that owners and drivers of certain
2258 nonpublic sector buses be subject to specified rules
2259 and regulations; providing duties for the Department
2260 of Highway Safety and Motor Vehicles, rather than the
2261 Department of Transportation, for such nonpublic
2262 sector buses; authorizing department personnel to
2263 conduct compliance investigations and assess certain
2264 penalties; authorizing motor carriers to be enjoined
2265 under certain circumstances; authorizing certain
2266 officers and agents to require drivers of certain
2267 commercial vehicles to submit to certain inspections
2268 and to either remove the vehicle or driver from
2269 service or provide notice requiring correction under
2270 certain circumstances; amending s. 318.19, F.S.;
2271 revising infractions that require a mandatory hearing;
2272 amending s. 319.001, F.S.; defining terms; amending s.
2273 319.141, F.S.; creating a private rebuilt motor
2274 vehicle inspection program, to replace a pilot rebuilt
2275 motor vehicle inspection program; providing powers and
2276 duties of the department; specifying the purpose of
2277 the program; providing requirements for the program;
2278 providing powers and requirements for private rebuilt
2279 inspection providers; creating s. 319.1411, F.S.;
2280 authorizing the department to monitor and inspect the
2281 operations of private rebuilt inspection providers to
2282 make specified determinations; creating s. 319.142,
2283 F.S.; providing grounds and requirements for
2284 termination of a contract with a private rebuilt
2285 inspection provider; creating s. 319.1414, F.S.;
2286 authorizing the department to investigate and examine
2287 private rebuilt inspection providers under certain
2288 circumstances; providing additional powers related to
2289 such investigations and examinations; requiring a
2290 court to take specified actions under certain
2291 circumstances; providing for witness fees; authorizing
2292 the department to adopt certain rules; amending s.
2293 319.25, F.S.; authorizing the department to conduct
2294 investigations and examinations of certain persons
2295 relating to title certificates; authorizing additional
2296 powers related to such investigations and
2297 examinations; requiring a court to take specified
2298 actions under certain circumstances; providing for
2299 witness fees; authorizing the department to adopt
2300 certain rules; amending s. 319.40, F.S.; authorizing
2301 the department or a tax collector to collect
2302 electronic mail addresses or cellular telephone
2303 numbers and to use them for certain purposes;
2304 providing that electronic mail addresses and cellular
2305 telephone numbers may be provided at the option of the
2306 applicant; requiring the department or a tax collector
2307 to disclose to the applicant the purposes for which
2308 the electronic mail addresses and cellular telephone
2309 numbers may be used; amending s. 320.01, F.S.;
2310 redefining the term “apportionable vehicle”; amending
2311 s. 320.03, F.S.; authorizing the department, under
2312 certain circumstances, to provide tax collectors and
2313 certain agents and vendors with certain real-time
2314 access to data related to vehicle and mobile home
2315 registration certificates, registration license
2316 plates, and validation stickers; providing
2317 requirements for a certain memorandum of
2318 understanding; amending s. 320.06, F.S.; providing for
2319 future repeal of requirements for vehicles that have
2320 apportioned registrations; providing requirements for
2321 certain vehicles that have apportioned registrations
2322 upon implementation of a certain operating system;
2323 requiring that the fee be deposited into the Highway
2324 Safety Operating Trust Fund; authorizing certain
2325 license plates to be replaced at no charge; providing
2326 tax collectors and their agents the option to purchase
2327 validation stickers and paper stock that is used to
2328 produce vehicle registrations from vendors under
2329 certain circumstances; exempting such purchases from
2330 certain competitive bid requirements; requiring the
2331 department to reimburse the tax collectors and their
2332 agents for such purchases, subject to certain
2333 restrictions; requiring the tax collectors and their
2334 agents to invoice the department in arrears for the
2335 validation stickers and vehicle registrations as they
2336 are issued; amending s. 320.0607, F.S.; providing
2337 applicability; amending s. 320.131, F.S.; authorizing
2338 the department to partner with a county tax collector
2339 to conduct a Fleet Vehicle Temporary Tag Pilot Program
2340 for certain purposes; providing program requirements;
2341 providing for future repeal; amending s. 320.27, F.S.;
2342 defining the term “control person”; authorizing the
2343 department to deny a new or renewal application for,
2344 or suspend or revoke, certain dealer licenses under
2345 certain circumstances; authorizing the court to bar a
2346 person from acting as a motor vehicle dealer under
2347 certain circumstances, subject to certain
2348 requirements; amending s. 320.8232, F.S.; requiring
2349 the Mobile and Manufactured Home Repair and Remodeling
2350 Code to be a uniform code; providing specified
2351 standards for provisions of the code; requiring all
2352 repair and remodeling of mobile and manufactured homes
2353 to be done in accordance with department rules;
2354 amending s. 320.861, F.S.; authorizing the department
2355 to conduct investigations and examinations of persons
2356 suspected of violating or of having violated certain
2357 laws, rules, or orders relating to motor vehicle
2358 licenses; providing additional powers related to such
2359 investigations and examinations; requiring a court to
2360 take specified actions under certain circumstances;
2361 providing for witness fees; authorizing the department
2362 to adopt certain rules; amending s. 320.95, F.S.;
2363 authorizing the department or a tax collector to
2364 collect electronic mail addresses or cellular
2365 telephone numbers and to use electronic mail or text
2366 messages for certain purposes; providing that
2367 electronic mail addresses and cellular telephone
2368 numbers may be provided at the option of the
2369 applicant; requiring the department or a tax collector
2370 to disclose to the applicant the purposes for which
2371 the electronic mail addresses and cellular telephone
2372 numbers may be used; amending s. 321.05, F.S.;
2373 authorizing certain patrol officers to investigate
2374 traffic crashes; amending s. 321.065, F.S.;
2375 authorizing the department to employ certain traffic
2376 crash investigation officers; amending s. 321.23,
2377 F.S.; revising certain public records photographs to
2378 include crashes; amending s. 322.051, F.S.; extending
2379 the period after which a renewal application for an
2380 identification card is considered the same as an
2381 original application; amending s. 322.0602, F.S.;
2382 authorizing courts to include a requirement for
2383 supervised visitation under the Youthful Drunk Driver
2384 Visitation Program at trauma centers that regularly
2385 receive victims of vehicle crashes; conforming
2386 provisions to changes made by the act; amending s.
2387 322.08, F.S.; authorizing the department or a tax
2388 collector to collect electronic mail addresses or
2389 cellular telephone numbers and use electronic mail or
2390 text messages for certain purposes; providing that
2391 electronic mail addresses and cellular telephone
2392 numbers may be provided at the option of the
2393 applicant; requiring the department or a tax collector
2394 to disclose to the applicant the purposes for which
2395 the electronic mail addresses and cellular telephone
2396 numbers may be used; amending s. 322.091, F.S.;
2397 requiring that the department make available, upon
2398 request, a report that includes specific information
2399 for students whose driving privileges have been
2400 suspended; amending s. 322.17, F.S.; authorizing
2401 stolen identification cards to be replaced at no
2402 charge under certain circumstances; amending s.
2403 322.21, F.S.; providing for expedited shipping for the
2404 renewal or replacement driver licenses or
2405 identification cards under certain circumstances,
2406 subject to certain requirements; allowing the
2407 department to charge for the cost of the expedited
2408 shipping; requiring that the funds be deposited into
2409 the Highway Safety Operating Trust Fund; amending s.
2410 322.212, F.S.; prohibiting a person from knowingly
2411 providing altered or counterfeit documents or
2412 knowingly participating in dishonest or deceptive
2413 actions in any application for a driver license or
2414 identification card; providing for the suspension of
2415 specified licenses or permits for specified periods
2416 under certain circumstances; providing construction;
2417 amending s. 322.36, F.S.; providing for suspension of
2418 license for loaning a vehicle to a person whose
2419 license is suspended if such vehicle is involved in
2420 certain crashes; amending s. 322.61, F.S.; adding
2421 violations for disqualification from operating a
2422 commercial motor vehicle; creating s. 322.71, F.S.;
2423 authorizing the department to conduct investigations
2424 and examinations of persons suspected of violating or
2425 of having violated certain laws, rules, or orders
2426 relating to motor vehicle licenses; providing
2427 additional powers related to such investigations and
2428 examinations; requiring a court to take specified
2429 actions under certain circumstances; providing for
2430 witness fees; authorizing the department to adopt
2431 certain rules; amending s. 323.001, F.S.; providing
2432 that the requirements for a certain written hold on a
2433 motor vehicle apply when an officer has probable cause
2434 to believe the vehicle was involved in a certain
2435 traffic crash; amending s. 323.002, F.S.; revising the
2436 term “wrecker operator system” to include wrecker
2437 operators removing vehicles from crash scenes under
2438 certain circumstances; requiring that an unauthorized
2439 wrecker operator provide a copy of a certain
2440 disclosure to the owner or operator of a vehicle in
2441 the presence of a law enforcement officer if such
2442 officer is at the scene of a motor vehicle crash;
2443 revising applicability to include vehicles involved in
2444 a crash, rather than an accident; amending s. 324.011,
2445 F.S.; requiring that certain operators of motor
2446 vehicles involved in a crash or convicted of certain
2447 traffic offenses show proof of financial ability to
2448 respond for damages in future crashes; amending s.
2449 324.022, F.S.; requiring that a certain owner or
2450 operator of a motor vehicle establish and maintain the
2451 ability to respond in damages for liability on account
2452 of certain crashes; conforming a provision to changes
2453 made by the act; amending s. 324.023, F.S.; requiring
2454 that a certain owner or operator of a motor vehicle
2455 establish and maintain the ability to respond in
2456 damages for liability on account of certain crashes;
2457 amending s. 324.051, F.S.; authorizing a law
2458 enforcement officer at a criminal trial to testify as
2459 to any statement made to the officer by the person
2460 involved in a crash under certain circumstances;
2461 providing for certain suspensions of license,
2462 registration, and operating privileges after notice of
2463 a certain crash; amending s. 324.242, F.S.; requiring
2464 that the department release a policy number for a
2465 policy covering a vehicle involved in a motor vehicle
2466 crash under certain circumstances; conforming
2467 provisions to changes made by the act; amending s.
2468 328.30, F.S.; authorizing the department to accept
2469 certain applications by electronic or telephonic
2470 means; authorizing the department or a tax collector
2471 to collect electronic mail addresses or cellular
2472 telephone numbers and to use electronic mail or text
2473 messages for certain purposes; providing that
2474 electronic mail addresses and cellular telephone
2475 numbers may be provided at the option of the
2476 applicant; requiring the department or a tax collector
2477 to disclose to the applicant the purposes for which
2478 the electronic mail addresses and cellular telephone
2479 numbers may be used; amending s. 328.40, F.S.;
2480 providing that certain records made or kept by the
2481 department are subject to certain inspection and
2482 copying requirements; amending s. 328.73, F.S.;
2483 requiring the department, under certain circumstances,
2484 to provide tax collectors and certain agents and
2485 vendors with certain real-time access to data related
2486 to registration certificates and vessel numbers and
2487 decals; providing requirements for a certain
2488 memorandum of understanding; amending s. 328.80, F.S.;
2489 authorizing the department to accept certain
2490 applications by electronic or telephonic means;
2491 authorizing the department or a tax collector to
2492 collect electronic mail addresses or cellular
2493 telephone numbers and to use electronic mail or text
2494 messages for certain purposes; providing that
2495 electronic mail addresses and cellular telephone
2496 numbers may be provided at the option of an applicant;
2497 requiring the department or tax collector to disclose
2498 to an applicant the purposes for which the electronic
2499 mail addresses and cellular telephone numbers may be
2500 used; amending s. 627.7415, F.S.; revising the
2501 applicability of certain federal regulations that
2502 commercial motor vehicles are subject to for certain
2503 insurance purposes; amending ss. 316.251, 501.976,
2504 655.960, 856.015, F.S.; conforming cross-references;
2505 providing an effective date.