Florida Senate - 2019                       CS for CS for SB 974
       
       
        
       By the Committees on Appropriations; and Infrastructure and
       Security; and Senator Perry
       
       
       
       
       576-04163-19                                           2019974c2
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; amending s.
    3         316.235, F.S.; authorizing any motor vehicle to be
    4         equipped with certain lamps or devices under certain
    5         circumstances; amending s. 316.2397, F.S.; authorizing
    6         certain vehicles to display red and white lights;
    7         amending s. 316.2398, F.S.; authorizing certain
    8         vehicles to display red and white warning signals
    9         under certain circumstances; providing requirements
   10         and penalties; amending s. 319.30, F.S.; authorizing
   11         an insurance company to provide an independent entity
   12         with a certain release statement authorizing it to
   13         release a vehicle to the lienholder; authorizing a
   14         certain notice sent by certified mail that a motor
   15         vehicle is available for pickup to be sent by another
   16         commercially available delivery service that provides
   17         proof of delivery; requiring the notice to state that
   18         the owner has a specified period during which to pick
   19         up the vehicle; authorizing an independent entity to
   20         apply for a certificate of destruction or a
   21         certificate of title if the vehicle is not claimed
   22         within a specified time after the delivery or
   23         attempted delivery of the notice; specifying
   24         requirements for an independent entity if Department
   25         of Highway Safety and Motor Vehicles records do not
   26         contain the owner’s address; requiring an independent
   27         entity to maintain specified records for a minimum
   28         period; requiring an independent entity to provide
   29         proof of all lien satisfactions or proof of a release
   30         of all liens on a motor vehicle upon applying for a
   31         certificate of destruction or salvage certificate of
   32         title; requiring an independent entity to provide an
   33         affidavit with specified statements if such entity is
   34         unable to obtain a lien satisfaction or a release of
   35         all liens on the motor vehicle; providing that notice
   36         to lienholders and attempts to obtain a release from
   37         lienholders may be by certain written request;
   38         amending s. 320.03, F.S.; authorizing specified
   39         entities that process certain transactions or
   40         certificates for derelict or salvage motor vehicles to
   41         be authorized electronic filing system agents;
   42         deleting obsolete provisions; authorizing the
   43         department to adopt rules; amending s. 316.224, F.S.;
   44         conforming a cross-reference; providing effective
   45         dates.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Present subsections (3) through (6) of section
   50  316.235, Florida Statutes, are redesignated as subsections (4)
   51  through (7), respectively, and a new subsection (3) is added to
   52  that section, to read:
   53         316.235 Additional lighting equipment.—
   54         (3)Any motor vehicle may be equipped with one or more
   55  lamps or devices underneath the motor vehicle as long as such
   56  lamps or devices do not emit light in violation of s.
   57  316.2397(1) or (7) or s. 316.238.
   58         Section 2. Subsections (1) and (3) and paragraph (c) of
   59  subsection (7) of section 316.2397, Florida Statutes, are
   60  amended to read:
   61         316.2397 Certain lights prohibited; exceptions.—
   62         (1) A No person may not shall drive or move or cause to be
   63  moved any vehicle or equipment upon any highway within this
   64  state with any lamp or device thereon showing or displaying a
   65  red, red and white, or blue light visible from directly in front
   66  thereof except for certain vehicles hereinafter provided in this
   67  section.
   68         (3) Vehicles of the fire department and fire patrol,
   69  including vehicles of volunteer firefighters as permitted under
   70  s. 316.2398, may show or display red or red and white lights.
   71  Vehicles of medical staff physicians or technicians of medical
   72  facilities licensed by the state as authorized under s.
   73  316.2398, ambulances as authorized under this chapter, and buses
   74  and taxicabs as authorized under s. 316.2399 may show or display
   75  red lights. Vehicles of the fire department, fire patrol, police
   76  vehicles, and such ambulances and emergency vehicles of
   77  municipal and county departments, public service corporations
   78  operated by private corporations, the Fish and Wildlife
   79  Conservation Commission, the Department of Environmental
   80  Protection, the Department of Transportation, the Department of
   81  Agriculture and Consumer Services, and the Department of
   82  Corrections as are designated or authorized by their respective
   83  department or the chief of police of an incorporated city or any
   84  sheriff of any county may operate emergency lights and sirens in
   85  an emergency. Wreckers, mosquito control fog and spray vehicles,
   86  and emergency vehicles of governmental departments or public
   87  service corporations may show or display amber lights when in
   88  actual operation or when a hazard exists provided they are not
   89  used going to and from the scene of operation or hazard without
   90  specific authorization of a law enforcement officer or law
   91  enforcement agency. Wreckers must use amber rotating or flashing
   92  lights while performing recoveries and loading on the roadside
   93  day or night, and may use such lights while towing a vehicle on
   94  wheel lifts, slings, or under reach if the operator of the
   95  wrecker deems such lights necessary. A flatbed, car carrier, or
   96  rollback may not use amber rotating or flashing lights when
   97  hauling a vehicle on the bed unless it creates a hazard to other
   98  motorists because of protruding objects. Further, escort
   99  vehicles may show or display amber lights when in the actual
  100  process of escorting overdimensioned equipment, material, or
  101  buildings as authorized by law. Vehicles owned or leased by
  102  private security agencies may show or display green and amber
  103  lights, with either color being no greater than 50 percent of
  104  the lights displayed, while the security personnel are engaged
  105  in security duties on private or public property.
  106         (7) Flashing lights are prohibited on vehicles except:
  107         (c) For the lamps authorized under subsections (1), (2),
  108  (3), (4), and (9), s. 316.2065, or s. 316.235(6) s. 316.235(5)
  109  which may flash.
  110         Section 3. Section 316.2398, Florida Statutes, is amended
  111  to read:
  112         316.2398 Display or use of red or red and white warning
  113  signals; motor vehicles of volunteer firefighters or medical
  114  staff.—
  115         (1) A privately owned vehicle belonging to an active
  116  firefighter member of a regularly organized volunteer
  117  firefighting company or association, while en route to the fire
  118  station for the purpose of proceeding to the scene of a fire or
  119  other emergency or while en route to the scene of a fire or
  120  other emergency in the line of duty as an active firefighter
  121  member of a regularly organized firefighting company or
  122  association, may display or use red or red and white warning
  123  signals. or A privately owned vehicle belonging to a medical
  124  staff physician or technician of a medical facility licensed by
  125  the state, while responding to an emergency in the line of duty,
  126  may display or use red warning signals. Warning signals must be
  127  visible from the front and from the rear of such vehicle,
  128  subject to the following restrictions and conditions:
  129         (a) No more than two red or red and white warning signals
  130  may be displayed.
  131         (b) No inscription of any kind may appear across the face
  132  of the lens of the red or red and white warning signal.
  133         (c) In order for an active volunteer firefighter to display
  134  such red or red and white warning signals on his or her vehicle,
  135  the volunteer firefighter must first secure a written permit
  136  from the chief executive officers of the firefighting
  137  organization to use the red or red and white warning signals,
  138  and this permit must be carried by the volunteer firefighter at
  139  all times while the red or red and white warning signals are
  140  displayed.
  141         (2) A It is unlawful for any person who is not an active
  142  firefighter member of a regularly organized volunteer
  143  firefighting company or association or a physician or technician
  144  of the medical staff of a medical facility licensed by the state
  145  may not to display on any motor vehicle owned by him or her, at
  146  any time, any red or red and white warning signals as described
  147  in subsection (1).
  148         (3) It is unlawful for An active volunteer firefighter may
  149  not to operate any red or red and white warning signals as
  150  authorized in subsection (1), except while en route to the fire
  151  station for the purpose of proceeding to the scene of a fire or
  152  other emergency, or while at or en route to the scene of a fire
  153  or other emergency, in the line of duty.
  154         (4) It is unlawful for A physician or technician of the
  155  medical staff of a medical facility may not to operate any red
  156  warning signals as authorized in subsection (1), except when
  157  responding to an emergency in the line of duty.
  158         (5) A violation of this section is a nonmoving violation,
  159  punishable as provided in chapter 318. In addition, a any
  160  volunteer firefighter who violates this section shall be
  161  dismissed from membership in the firefighting organization by
  162  the chief executive officers thereof.
  163         Section 4. Subsection (9) of section 319.30, Florida
  164  Statutes, is amended to read:
  165         319.30 Definitions; dismantling, destruction, change of
  166  identity of motor vehicle or mobile home; salvage.—
  167         (9)(a) An insurance company may notify an independent
  168  entity that obtains possession of a damaged or dismantled motor
  169  vehicle to release the vehicle to the owner. The insurance
  170  company shall provide the independent entity a release statement
  171  on a form prescribed by the department authorizing the
  172  independent entity to release the vehicle to the owner or
  173  lienholder. The form must shall, at a minimum, contain the
  174  following:
  175         1. The policy and claim number.
  176         2. The name and address of the insured.
  177         3. The vehicle identification number.
  178         4. The signature of an authorized representative of the
  179  insurance company.
  180         (b) The independent entity in possession of a motor vehicle
  181  must send a notice to the owner that the vehicle is available
  182  for pickup pick up when it receives a release statement from the
  183  insurance company. The notice shall be sent by certified mail or
  184  by another commercially available delivery service that provides
  185  proof of delivery to the owner at the owner’s address contained
  186  reflected in the department’s records. The notice must state
  187  inform the owner that the owner has 30 days after delivery
  188  receipt of the notice to the owner at the owner’s address to
  189  pick up the vehicle from the independent entity. If the motor
  190  vehicle is not claimed within 30 days after the delivery or
  191  attempted delivery of the owner receives the notice, the
  192  independent entity may apply for a certificate of destruction or
  193  a certificate of title.
  194         (c) If the department’s records do not contain the owner’s
  195  address, the independent entity must do all of the following:
  196         1. Send a notice that meets the requirements of paragraph
  197  (b) to the owner’s address that is provided by the insurance
  198  company in the release statement.
  199         2. Identify the latest titling jurisdiction of the vehicle
  200  through use of the National Motor Vehicle Title Information
  201  System or an equivalent commercially available system and
  202  attempt to obtain the owner’s address from that jurisdiction. If
  203  the jurisdiction returns an address that is different from the
  204  owner’s address provided by the insurance company, the
  205  independent entity must send a notice that meets the
  206  requirements of paragraph (b) to both addresses.
  207         (d) The independent entity shall maintain for a minimum of
  208  3 years the records related to the 30-day notice sent to the
  209  owner, the results of searches of the National Motor Vehicle
  210  Title Information System or an equivalent commercially available
  211  system, and the notification to the National Motor Vehicle Title
  212  Information System made pursuant to paragraph (e).
  213         (e)(c) The independent entity shall make the required
  214  notification to the National Motor Vehicle Title Information
  215  System before releasing any damaged or dismantled motor vehicle
  216  to the owner or before applying for a certificate of destruction
  217  or salvage certificate of title.
  218         (f)(d) Upon applying for a certificate of destruction or
  219  salvage certificate of title, the independent entity shall
  220  provide a copy of the release statement from the insurance
  221  company to the independent entity, proof of providing the 30-day
  222  notice to the owner, proof of notification to the National Motor
  223  Vehicle Title Information System, proof of all lien
  224  satisfactions or proof of a release of all liens on the motor
  225  vehicle, and applicable fees. If the independent entity is
  226  unable to obtain a lien satisfaction or a release of all liens
  227  on the motor vehicle, the independent entity must provide an
  228  affidavit stating that notice was sent to all lienholders that
  229  the motor vehicle is available for pickup, 30 days have passed
  230  since the notice was delivered or attempted to be delivered
  231  pursuant to this section, attempts have been made to obtain a
  232  release from all lienholders, and all such attempts have been to
  233  no avail. The notice to lienholders and attempts to obtain a
  234  release from lienholders may be by written request delivered in
  235  person or by certified mail or another commercially available
  236  delivery service that provides proof of delivery to the
  237  lienholder at the lienholder’s address as provided on the
  238  certificate of title and, if the address is different, as
  239  designated with the Department of State pursuant to s.
  240  655.0201(2).
  241         (g)(e) The independent entity may not charge an owner of
  242  the vehicle storage fees or apply for a title under s. 713.585
  243  or s. 713.78.
  244         Section 5. Effective October 1, 2019, subsection (10) of
  245  section 320.03, Florida Statutes, is amended to read:
  246         320.03 Registration; duties of tax collectors;
  247  International Registration Plan.—
  248         (10) Jurisdiction over the electronic filing system for use
  249  by authorized electronic filing system agents to electronically
  250  title or register motor vehicles, vessels, mobile homes, or off
  251  highway vehicles; process title transactions, derelict motor
  252  vehicle certificates, and certificates of destruction for
  253  derelict and salvage motor vehicles pursuant to s. 319.30(2),
  254  (3), (7), and (8); issue or transfer registration license plates
  255  or decals; electronically transfer fees due for the title and
  256  registration process; and perform inquiries for title,
  257  registration, and lienholder verification and certification of
  258  service providers is expressly preempted to the state, and the
  259  department shall have regulatory authority over the system. The
  260  electronic filing system shall be available for use statewide
  261  and applied uniformly throughout the state. An entity that, in
  262  the normal course of its business, sells products that must be
  263  titled or registered and that, provides title and registration
  264  services on behalf of its consumers and a licensed salvage motor
  265  vehicle dealer or motor vehicle auction or insurance company
  266  that, pursuant to s. 319.30(2), (3), (7), or (8) and in the
  267  normal course of its business, processes title transactions,
  268  derelict motor vehicle certificates, or certificates of
  269  destruction for derelict or salvage motor vehicles physically
  270  located in this state, any of which and meets all established
  271  requirements, may be an authorized electronic filing system
  272  agent and is shall not be precluded from participating in the
  273  electronic filing system in any county. Upon request from a
  274  qualified entity, the tax collector shall appoint the entity as
  275  an authorized electronic filing system agent for that county.
  276  The department shall adopt rules in accordance with chapter 120
  277  to replace the December 10, 2009, program standards and to
  278  administer the provisions of this section, including, but not
  279  limited to, establishing participation requirements,
  280  certification of service providers, electronic filing system
  281  requirements, and enforcement authority for noncompliance. The
  282  December 10, 2009, program standards, excluding any standards
  283  which conflict with this subsection, shall remain in effect
  284  until the rules are adopted. An authorized electronic filing
  285  system agent may charge a fee to the customer for use of the
  286  electronic filing system. The department may adopt rules to
  287  administer this subsection, including, but not limited to, rules
  288  establishing participation requirements, certification of
  289  service providers, electronic filing system requirements,
  290  disclosures, and enforcement authority for noncompliance.
  291         Section 6. Subsection (3) of section 316.224, Florida
  292  Statutes, is amended to read:
  293         316.224 Color of clearance lamps, identification lamps,
  294  side marker lamps, backup lamps, reflectors, and deceleration
  295  lights.—
  296         (3) All lighting devices and reflectors mounted on the rear
  297  of any vehicle shall display or reflect a red color, except the
  298  stop light or other signal device, which may be red, amber, or
  299  yellow, and except that the light illuminating the license plate
  300  shall be white and the light emitted by a backup lamp shall be
  301  white or amber. Deceleration lights as authorized by s.
  302  316.235(6) s. 316.235(5) shall display an amber color.
  303         Section 7. Except as otherwise expressly provided in this
  304  act, this act shall take effect July 1, 2019.