Florida Senate - 2021 SB 1230
By Senator Rodriguez
39-00841-21 20211230__
1 A bill to be entitled
2 An act relating to insurance; amending s. 316.003,
3 F.S.; defining the term “automatic license plate
4 reader system”; amending s. 316.008, F.S.; authorizing
5 counties and municipalities to install automatic
6 license plate reader systems for a specified purpose;
7 creating s. 316.647, F.S.; requiring the Department of
8 Highway Safety and Motor Vehicles to establish the
9 Uninsured Vehicle Enforcement Program; providing the
10 purpose of the program; requiring the department, in
11 coordination with the Department of Transportation, to
12 install and operate automatic license plate reader
13 systems on infrastructure; requiring the Department of
14 Highway Safety and Motor Vehicles to coordinate with
15 municipalities and counties to install such systems;
16 authorizing the department to use such systems to
17 access and collect certain data; providing
18 requirements for the program; authorizing the
19 department to contract with an entity to provide
20 necessary technology, equipment, and maintenance for
21 the program; authorizing law enforcement officers to
22 verify certain information by sworn affidavit;
23 providing that such affidavit constitutes probable
24 cause for prosecution; requiring data collected or
25 retained under the program to be retained by a law
26 enforcement agency under specified circumstances;
27 prohibiting data collected or retained through the use
28 of an automated license plate reader system from being
29 used by an individual or agency for purposes other
30 than traffic safety and traffic monitoring;
31 prohibiting law enforcement agencies and certain other
32 agencies from selling license plate data or sharing
33 such data unless otherwise authorized; requiring the
34 department to annually publish a report by a specified
35 date; requiring the department to provide such report
36 to the Legislature; providing requirements for such
37 report; providing applicability; authorizing the
38 department to adopt rules; amending ss. 212.05,
39 316.306, and 655.960, F.S.; conforming cross
40 references; providing an effective date.
41
42 WHEREAS, the Insurance Information Institute reports that,
43 in 2015, the estimated percentage of uninsured motorists in
44 Florida ranked the highest of any state at 26.7 percent, and
45 WHEREAS, while many Floridians are paying premiums for
46 uninsured motor vehicle coverage, the state is missing tax
47 revenue associated with premiums from those who do not carry
48 this coverage, and
49 WHEREAS, crashes caused by uninsured motorists result in a
50 significant economic impact on Floridians and the state, and
51 WHEREAS, an uninsured vehicle enforcement program is one
52 tool for encouraging motorists to comply with motor vehicle
53 coverage requirements, and
54 WHEREAS, an uninsured vehicle enforcement program would
55 give a vehicle owner the opportunity to choose vehicle insurance
56 that meets his or her needs, and
57 WHEREAS, reducing the number of cases involving the justice
58 system will reduce the fiscal impact of uninsured motorists on
59 the state, and
60 WHEREAS, the collection of citation and diversion fees from
61 those who have violated motor vehicle insurance laws under the
62 uninsured vehicle enforcement program would reduce the tax
63 burden on all Floridians, and
64 WHEREAS, similar enforcement programs implemented elsewhere
65 have demonstrated that they are effective at increasing safety
66 and reducing burdens on the justice system, and
67 WHEREAS, other state legislatures are considering enacting
68 similar legislation in 2021, NOW, THEREFORE,
69
70 Be It Enacted by the Legislature of the State of Florida:
71
72 Section 1. Present subsections (4) through (105) of section
73 316.003, Florida Statutes, are redesignated as subsections (5)
74 through (106), respectively, a new subsection (4) is added to
75 that section, and present subsection (62) of that section is
76 amended, to read:
77 316.003 Definitions.—The following words and phrases, when
78 used in this chapter, shall have the meanings respectively
79 ascribed to them in this section, except where the context
80 otherwise requires:
81 (4) AUTOMATIC LICENSE PLATE READER SYSTEM.—A system of one
82 or more mobile or fixed cameras that capture images of
83 registration plates to which computer algorithms are applied to
84 convert those images into computer-readable data.
85 (63)(62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
86 provided in paragraph (85)(b) (84)(b), any privately owned way
87 or place used for vehicular travel by the owner and those having
88 express or implied permission from the owner, but not by other
89 persons.
90 Section 2. Subsection (9) is added to section 316.008,
91 Florida Statutes, to read:
92 316.008 Powers of local authorities.—
93 (9) In coordination with the Department of Highway Safety
94 and Motor Vehicles and the Department of Transportation, a
95 county, in any unincorporated area of that county, or a
96 municipality, within the incorporated area of that municipality,
97 may install, or may authorize by contract or interlocal
98 agreement installation of, an automatic license plate reader
99 system on streets and highways under its jurisdiction to enforce
100 the Uninsured Vehicle Enforcement Program established under s.
101 316.647.
102 Section 3. Section 316.647, Florida Statutes, is created to
103 read:
104 316.647 Uninsured Vehicle Enforcement Program.—
105 (1) The department shall establish the Uninsured Vehicle
106 Enforcement Program. The purpose of the program is to enhance
107 public safety through increased compliance with chapter 324.
108 (2)(a) The department, in coordination with the Department
109 of Transportation, shall install and operate automatic license
110 plate reader systems on infrastructure, including, but not
111 limited to, traffic signal poles and supports, highway sign
112 support structures, bridges, and overpasses. The installation of
113 the systems must make use of electrical power available on such
114 infrastructure.
115 (b) The department shall coordinate with municipalities and
116 counties in such installation as provided in s. 316.008(9).
117 (c) The department may use automatic license plate reader
118 systems to access and collect data for the investigation,
119 detection, analysis, or enforcement of compliance with chapter
120 324.
121 (3) The program must include all of the following:
122 (a) A system for matching a vehicle identified by an
123 automatic license plate reader system with insurance data held
124 by the department for registered vehicles.
125 (b) Appropriate safeguards and controls to prevent misuse
126 or unauthorized access.
127 (c) A disaster recovery plan to ensure service continuity
128 in the event of a disaster.
129 (d) A process for notifying the owner of record of a
130 vehicle who has been identified as not being in compliance with
131 chapter 324.
132 (4) The department may contract with an entity to provide
133 necessary technology, equipment, and maintenance for the program
134 and arrange for required updates and maintenance of system
135 software and for the analysis of the system’s data and the
136 system’s operational performance and effectiveness.
137 (5) A law enforcement officer may verify by sworn
138 affidavit, which affidavit constitutes probable cause for
139 prosecution under applicable state law, that:
140 (a) A photograph generated by an automatic license plate
141 reader system unit identifies a particular vehicle operating on
142 or having been operated on a public road, highway, street, or
143 turnpike or any other public place or upon any private road or
144 driveway that provides access to a single-family or multifamily
145 dwelling; and
146 (b) The data held by the department shows that the vehicle
147 was uninsured at the time such vehicle was being operated.
148 (6)(a) Data collected or retained through the use of an
149 automated license plate reader system under the program must be
150 retained by a law enforcement agency when the data is being used
151 as evidence of a violation of chapter 324; however, when the
152 data is no longer needed as evidence of a violation, the data
153 must be deleted or destroyed.
154 (b) Data collected or retained through the use of an
155 automated license plate reader system may not be used by any
156 individual or agency for purposes other than for traffic safety
157 or traffic monitoring. A law enforcement agency or any other
158 entity authorized to operate under this program may not sell
159 captured license plate data for any purpose or share such data
160 for any purpose not expressly authorized by this section.
161 (7) By September 15 of each year following the
162 implementation of the program, the department shall publish a
163 report on the operation of the program during the previous
164 fiscal year. An electronic copy of the report must be
165 distributed to the President of the Senate and the Speaker of
166 the House of Representatives. The report must include an
167 evaluation of program operations and may include any information
168 and recommendations for improvement of the program deemed
169 appropriate by the department.
170 (8) This section does not apply to, and may not be
171 construed or interpreted to prohibit the use of, any other
172 automated license plate reader system by an individual or a
173 private legal entity for purposes not otherwise prohibited by
174 law.
175 (9) The department may adopt rules to administer this
176 section.
177 Section 4. Paragraph (c) of subsection (1) of section
178 212.05, Florida Statutes, is amended to read:
179 212.05 Sales, storage, use tax.—It is hereby declared to be
180 the legislative intent that every person is exercising a taxable
181 privilege who engages in the business of selling tangible
182 personal property at retail in this state, including the
183 business of making mail order sales, or who rents or furnishes
184 any of the things or services taxable under this chapter, or who
185 stores for use or consumption in this state any item or article
186 of tangible personal property as defined herein and who leases
187 or rents such property within the state.
188 (1) For the exercise of such privilege, a tax is levied on
189 each taxable transaction or incident, which tax is due and
190 payable as follows:
191 (c) At the rate of 6 percent of the gross proceeds derived
192 from the lease or rental of tangible personal property, as
193 defined herein; however, the following special provisions apply
194 to the lease or rental of motor vehicles:
195 1. When a motor vehicle is leased or rented for a period of
196 less than 12 months:
197 a. If the motor vehicle is rented in Florida, the entire
198 amount of such rental is taxable, even if the vehicle is dropped
199 off in another state.
200 b. If the motor vehicle is rented in another state and
201 dropped off in Florida, the rental is exempt from Florida tax.
202 2. Except as provided in subparagraph 3., for the lease or
203 rental of a motor vehicle for a period of not less than 12
204 months, sales tax is due on the lease or rental payments if the
205 vehicle is registered in this state; provided, however, that no
206 tax shall be due if the taxpayer documents use of the motor
207 vehicle outside this state and tax is being paid on the lease or
208 rental payments in another state.
209 3. The tax imposed by this chapter does not apply to the
210 lease or rental of a commercial motor vehicle as defined in s.
211 316.003(14)(a) s. 316.003(13)(a) to one lessee or rentee for a
212 period of not less than 12 months when tax was paid on the
213 purchase price of such vehicle by the lessor. To the extent tax
214 was paid with respect to the purchase of such vehicle in another
215 state, territory of the United States, or the District of
216 Columbia, the Florida tax payable shall be reduced in accordance
217 with the provisions of s. 212.06(7). This subparagraph shall
218 only be available when the lease or rental of such property is
219 an established business or part of an established business or
220 the same is incidental or germane to such business.
221 Section 5. Paragraph (a) of subsection (3) of section
222 316.306, Florida Statutes, is amended to read:
223 316.306 School and work zones; prohibition on the use of a
224 wireless communications device in a handheld manner.—
225 (3)(a)1. A person may not operate a motor vehicle while
226 using a wireless communications device in a handheld manner in a
227 designated school crossing, school zone, or work zone area as
228 defined in s. 316.003(106) s. 316.003(105). This subparagraph
229 shall only be applicable to work zone areas if construction
230 personnel are present or are operating equipment on the road or
231 immediately adjacent to the work zone area. For the purposes of
232 this paragraph, a motor vehicle that is stationary is not being
233 operated and is not subject to the prohibition in this
234 paragraph.
235 2.a. During the period from October 1, 2019, through
236 December 31, 2019, a law enforcement officer may stop motor
237 vehicles to issue verbal or written warnings to persons who are
238 in violation of subparagraph 1. for the purposes of informing
239 and educating such persons of this section. This sub
240 subparagraph shall stand repealed on October 1, 2020.
241 b. Effective January 1, 2020, a law enforcement officer may
242 stop motor vehicles and issue citations to persons who are
243 driving while using a wireless communications device in a
244 handheld manner in violation of subparagraph 1.
245 Section 6. Subsection (1) of section 655.960, Florida
246 Statutes, is amended to read:
247 655.960 Definitions; ss. 655.960-655.965.—As used in this
248 section and ss. 655.961-655.965, unless the context otherwise
249 requires:
250 (1) “Access area” means any paved walkway or sidewalk which
251 is within 50 feet of any automated teller machine. The term does
252 not include any street or highway open to the use of the public,
253 as defined in s. 316.003(85)(a) or (b) s. 316.003(84)(a) or (b),
254 including any adjacent sidewalk, as defined in s. 316.003.
255 Section 7. This act shall take effect July 1, 2021.