Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1500
Ì936070ÄÎ936070
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/11/2021 .
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The Committee on Transportation (Harrell) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (1) of section
6 316.126, Florida Statutes, is amended, and subsection (6) of
7 that section is reenacted, to read:
8 316.126 Operation of vehicles and actions of pedestrians on
9 approach of an authorized emergency, sanitation, or utility
10 service vehicle.—
11 (1)
12 (b) If an authorized emergency vehicle displaying any
13 visual signals is parked on the roadside, a sanitation vehicle
14 is performing a task related to the provision of sanitation
15 services on the roadside, a utility service vehicle is
16 performing a task related to the provision of utility services
17 on the roadside, or a wrecker displaying amber rotating or
18 flashing lights is performing a recovery or loading on the
19 roadside, or a road and bridge maintenance or construction
20 vehicle displaying warning lights is on the roadside without
21 advance signs and channelizing devices, the driver of every
22 other vehicle, as soon as it is safe:
23 1. Shall vacate the lane closest to the emergency vehicle,
24 sanitation vehicle, utility service vehicle, or wrecker, or road
25 and bridge maintenance or construction vehicle when driving on
26 an interstate highway or other highway with two or more lanes
27 traveling in the direction of the emergency vehicle, sanitation
28 vehicle, utility service vehicle, or wrecker, or road and bridge
29 maintenance or construction vehicle except when otherwise
30 directed by a law enforcement officer. If such movement cannot
31 be safely accomplished, the driver shall reduce speed as
32 provided in subparagraph 2.
33 2. Shall slow to a speed that is 20 miles per hour less
34 than the posted speed limit when the posted speed limit is 25
35 miles per hour or greater; or travel at 5 miles per hour when
36 the posted speed limit is 20 miles per hour or less, when
37 driving on a two-lane road, except when otherwise directed by a
38 law enforcement officer.
39 (6) A violation of this section is a noncriminal traffic
40 infraction, punishable pursuant to chapter 318 as either a
41 moving violation for infractions of subsection (1) or subsection
42 (3), or as a pedestrian violation for infractions of subsection
43 (2).
44 Section 2. Section 316.3045, Florida Statutes, is amended
45 to read:
46 316.3045 Operation of radios or other mechanical
47 soundmaking devices or instruments in vehicles; exemptions.—
48 (1) A It is unlawful for any person who operates or
49 occupies operating or occupying a motor vehicle on a street or
50 highway may not to operate or amplify the sound produced by a
51 radio, tape player, or other mechanical soundmaking device or
52 instrument from within the motor vehicle so that the sound is:
53 (a) plainly audible at a distance of 25 feet or more from
54 the motor vehicle; or
55 (b) Louder than necessary for the convenient hearing by
56 persons inside the vehicle in areas adjoining churches, schools,
57 or hospitals.
58 (2) The provisions of This section does shall not apply to
59 any law enforcement motor vehicle equipped with any
60 communication device necessary in the performance of law
61 enforcement duties or to any emergency vehicle equipped with any
62 communication device necessary in the performance of any
63 emergency procedures.
64 (3) This section does The provisions of this section do not
65 apply to motor vehicles used for business or political purposes,
66 which in the normal course of conducting such business use
67 soundmaking devices. The provisions of this subsection shall not
68 be deemed to prevent local authorities, with respect to streets
69 and highways under their jurisdiction and within the reasonable
70 exercise of the police power, from regulating the time, place,
71 and manner in which a device or an instrument described in
72 subsection (1) such business may be operated.
73 (4) The provisions of This section does do not apply to the
74 noise made by a horn or other warning device required or
75 permitted by s. 316.271. The Department of Highway Safety and
76 Motor Vehicles shall adopt promulgate rules defining “plainly
77 audible” and shall establish standards regarding how sound
78 should be measured by law enforcement personnel who enforce the
79 provisions of this section.
80 (5) A violation of this section is a noncriminal traffic
81 infraction, punishable as a nonmoving violation as provided in
82 chapter 318.
83 Section 3. Subsection (5) of section 316.305, Florida
84 Statutes, is amended to read:
85 316.305 Wireless communications devices; prohibition.—
86 (5) When a law enforcement officer issues a citation for a
87 violation of this section, the law enforcement officer must
88 record the race and ethnicity of the violator. All law
89 enforcement agencies must maintain such information and report
90 the information to the department in a form and manner
91 determined by the department. Beginning February 1, 2020, The
92 department shall annually report the data collected under this
93 subsection to the Governor, the President of the Senate, and the
94 Speaker of the House of Representatives. The data collected must
95 be reported at least by statewide totals for local law
96 enforcement agencies, state law enforcement agencies, and state
97 university law enforcement agencies. The statewide total for
98 local law enforcement agencies shall combine the data for the
99 county sheriffs and the municipal law enforcement agencies.
100 Section 4. Section 316.70, Florida Statutes, is amended to
101 read:
102 316.70 Nonpublic sector buses; safety rules.—
103 (1) All owners and drivers of nonpublic sector buses
104 operated on the public highways of this state are subject to the
105 rules and regulations The Department of Transportation shall
106 establish and revise standards to ensure the safe operation of
107 nonpublic sector buses, which standards shall be those contained
108 in 49 C.F.R. parts 382, 385, and 390-397 to ensure and which
109 shall be directed toward ensuring that:
110 (a) Nonpublic sector buses are safely maintained, equipped,
111 and operated.
112 (b) Nonpublic sector buses are carrying the insurance
113 required by law and carrying liability insurance on the checked
114 baggage of passengers not to exceed the standard adopted by the
115 United States Department of Transportation.
116 (c) Florida license tags are purchased for nonpublic sector
117 buses pursuant to s. 320.38.
118 (d) The driving records of drivers of nonpublic sector
119 buses are checked by their employers at least once each year to
120 ascertain whether the driver has a suspended or revoked driver
121 license.
122 (2) Department of Highway Safety and Motor Vehicles
123 Transportation personnel may conduct compliance reviews for the
124 purpose of determining compliance with this section. A civil
125 penalty not to exceed $5,000 in the aggregate may be assessed
126 against any person who violates any provision of this section or
127 who violates any rule or order of the department found during a
128 compliance review as provided in s. 316.3025. A of
129 Transportation. A civil penalty not to exceed $25,000 in the
130 aggregate may be assessed for violations found in a followup
131 compliance review conducted within a 24-month period. A civil
132 penalty not to exceed $25,000 in the aggregate may be assessed
133 and the motor carrier may be enjoined from operation pursuant to
134 s. 316.3026 for if violations found during a are found after a
135 second followup compliance review within 12 months after the
136 first followup compliance review. Motor carriers found to be
137 operating without insurance coverage required by s. 627.742 or
138 49 C.F.R. part 387 may be enjoined as provided in s. 316.3026.
139 (3) For the purpose of enforcing this section, any law
140 enforcement officer of the Department of Highway Safety and
141 Motor Vehicles or a duly appointed agent of the department who
142 holds a current safety inspector certification from the
143 Commercial Vehicle Safety Alliance may require the driver of any
144 commercial vehicle operated on the highways of this state to
145 stop and submit to an inspection of the vehicle or the driver’s
146 records. If the vehicle is being operated or the driver is
147 operating the vehicle in an unsafe condition, or if any required
148 part or equipment is not present or is not in proper repair or
149 adjustment, and the continued operation would be unduly
150 hazardous, the officer or agent may require the vehicle or the
151 driver to be removed from service pursuant to the North American
152 Standard Out-of-Service Criteria until all safety concerns are
153 corrected. However, if continuous operation would not be unduly
154 hazardous, the officer or agent may give written notice
155 requiring correction of the condition within 15 days after the
156 inspection.
157 (4) School buses subject to the provisions of chapter 1006
158 or s. 316.615 are exempt from the provisions of this section.
159 Section 5. Section 319.1414, Florida Statutes, is created
160 to read:
161 319.1414 Investigations; examinations; subpoenas; hearings;
162 witnesses.—
163 (1) The department may conduct investigations and
164 examinations of department-authorized private rebuilt inspection
165 providers as it deems necessary to determine whether a person
166 has violated or is about to violate this chapter or a contract
167 entered into pursuant to this chapter or to assist with the
168 enforcement of this chapter.
169 (2) For purposes of any investigation or examination
170 conducted pursuant to this section, the department may exercise
171 the power of subpoena and the powers to administer oaths or
172 affirmations, to examine witnesses, to require affidavits, to
173 take depositions, and to compel the attendance of witnesses and
174 the production of books, papers, documents, records, and other
175 evidence. A designated agent of the department may serve a
176 subpoena relating to an investigation or examination.
177 (3) If a person refuses to testify; produce books, papers,
178 documents, or records; or otherwise obey a subpoena or subpoena
179 duces tecum issued under subsection (2), the department may
180 petition a court of competent jurisdiction in the county where
181 the person’s residence or principal place of business is
182 located, upon which the court must issue an order requiring such
183 person to obey the subpoena or show cause for failing to obey
184 the subpoena. Unless the person shows sufficient cause for
185 failing to obey the subpoena, the court shall direct the person
186 to obey the subpoena. Failure to comply with such order is
187 contempt of court.
188 (4) For the purpose of any investigation, examination, or
189 proceeding initiated by the department under this chapter, the
190 department is authorized to designate agents to serve subpoenas
191 and other process and to administer oaths or affirmations.
192 (5) Witnesses subpoenaed under this section are entitled to
193 witness fees at the same rate established by s. 92.142 for
194 witnesses in a civil case, except that witness fees are not
195 payable for appearance at the witness’s place of business during
196 regular business hours or at the witness’s residence.
197 (6) The department may adopt rules to administer this
198 section.
199 Section 6. Section 319.25, Florida Statutes, is amended to
200 read:
201 319.25 Cancellation of certificates; investigations;
202 subpoenas and other process; oaths; rules.—
203 (1) If it appears that a certificate of title has been
204 improperly issued, the department shall cancel the certificate.
205 Upon cancellation of any certificate of title, the department
206 shall notify the person to whom the certificate of title was
207 issued, as well as any lienholders appearing thereon, of the
208 cancellation and shall demand the surrender of the certificate
209 of title, but the cancellation shall not affect the validity of
210 any lien noted thereon. The holder of the certificate of title
211 shall return it to the department forthwith. If a certificate of
212 registration has been issued to the holder of a certificate of
213 title so canceled, the department shall immediately cancel the
214 certificate of registration and demand the return of such
215 certificate of registration and license plate or mobile home
216 sticker; and the holder of such certificate of registration and
217 license plate or sticker shall return them to the department
218 forthwith.
219 (2) The department is authorized, upon application of any
220 person and payment of the proper fees, to prepare and furnish
221 lists containing title information in such form as the
222 department may authorize, to search the records of the
223 department and make reports thereof, and to make photographic
224 copies of the department records and attestations thereof,
225 except as provided in chapter 119.
226 (3) The department may conduct investigations and
227 examinations of any person suspected of violating or of having
228 violated this chapter or any rule adopted or order issued under
229 this chapter.
230 (4) For purposes of any investigation or examination
231 conducted pursuant to this section, the department may exercise
232 the power of subpoena and the powers to administer oaths or
233 affirmations, to examine witnesses, to require affidavits, to
234 take depositions, and to compel the attendance of witnesses and
235 the production of books, papers, documents, records, and other
236 evidence. An authorized representative of the department may
237 serve a subpoena relating to an investigation or examination.
238 (5) If a person refuses to testify; produce books, papers,
239 documents, or records; or otherwise obey the subpoena or
240 subpoena duces tecum issued under subsection (4), the department
241 may petition a court of competent jurisdiction in the county
242 where the person’s residence or principal place of business is
243 located, upon which the court must issue an order requiring such
244 person to obey the subpoena or show cause for failing to obey
245 the subpoena. Unless the person shows sufficient cause for
246 failing to obey the subpoena, the court must direct the person
247 to obey the subpoena. Failure to comply with such order is
248 contempt of court.
249 (6) For the purpose of any investigation, examination, or
250 proceeding initiated by the department under this chapter, the
251 department is authorized to designate agents to serve subpoenas
252 and other process and to administer oaths or affirmations.
253 (7) Witnesses subpoenaed under this section are entitled to
254 witness fees at the same rate established by s. 92.142 for
255 witnesses in a civil case, except that witness fees are not
256 payable for appearance at the witness’s place of business during
257 regular business hours or at the witness’s residence.
258 (8) The department may adopt rules to administer this
259 section.
260 Section 7. Paragraph (b) of subsection (3) of section
261 319.30, Florida Statutes, is amended to read:
262 319.30 Definitions; dismantling, destruction, change of
263 identity of motor vehicle or mobile home; salvage.—
264 (3)
265 (b) The owner, including persons who are self-insured, of a
266 motor vehicle or mobile home that is considered to be salvage
267 shall, within 72 hours after the motor vehicle or mobile home
268 becomes salvage, forward the title to the motor vehicle or
269 mobile home to the department for processing. However, an
270 insurance company that pays money as compensation for the total
271 loss of a motor vehicle or mobile home shall obtain the
272 certificate of title for the motor vehicle or mobile home, make
273 the required notification to the National Motor Vehicle Title
274 Information System, and, within 72 hours after receiving such
275 certificate of title, forward such title by the United States
276 Postal Service, by another commercial delivery service, or by
277 electronic means, when such means are made available by the
278 department, to the department for processing. The owner or
279 insurance company, as applicable, may not dispose of a vehicle
280 or mobile home that is a total loss before it obtains a salvage
281 certificate of title or certificate of destruction from the
282 department. Effective January 1, 2020:
283 1. Thirty days after payment of a claim for compensation
284 pursuant to this paragraph, the insurance company may receive a
285 salvage certificate of title or certificate of destruction from
286 the department if the insurance company is unable to obtain a
287 properly assigned certificate of title from the owner or
288 lienholder of the motor vehicle or mobile home, if the motor
289 vehicle or mobile home does not carry an electronic lien on the
290 title and the insurance company:
291 a. Has obtained the release of all liens on the motor
292 vehicle or mobile home;
293 b. Has attested on a form provided by the department that
294 provided proof of payment of the total loss claim has been
295 distributed; and
296 c. Has attested on a form provided by the department and
297 provided an affidavit on letterhead signed by the insurance
298 company or its authorized agent stating the attempts that have
299 been made to obtain the title from the owner or lienholder and
300 further stating that all attempts are to no avail. The form
301 affidavit must include a request that the salvage certificate of
302 title or certificate of destruction be issued in the insurance
303 company’s name due to payment of a total loss claim to the owner
304 or lienholder. The attempts to contact the owner may be by
305 written request delivered in person or by first-class mail with
306 a certificate of mailing to the owner’s or lienholder’s last
307 known address.
308 2. If the owner or lienholder is notified of the request
309 for title in person, the insurance company must provide an
310 affidavit attesting to the in-person request for a certificate
311 of title.
312 3. The request to the owner or lienholder for the
313 certificate of title must include a complete description of the
314 motor vehicle or mobile home and the statement that a total loss
315 claim has been paid on the motor vehicle or mobile home.
316 Section 8. Subsection (3) and paragraph (a) of subsection
317 (10) of section 320.27, Florida Statutes, are amended to read:
318 320.27 Motor vehicle dealers.—
319 (3) APPLICATION AND FEE.—The application for the license
320 shall be in such form as may be prescribed by the department and
321 shall be subject to such rules with respect thereto as may be so
322 prescribed by it. Such application shall be verified by oath or
323 affirmation and shall contain a full statement of the name and
324 birth date of the person or persons applying therefor; the name
325 of the firm or copartnership, with the names and places of
326 residence of all members thereof, if such applicant is a firm or
327 copartnership; the names and places of residence of the
328 principal officers, if the applicant is a body corporate or
329 other artificial body; the name of the state under whose laws
330 the corporation is organized; the present and former place or
331 places of residence of the applicant; and prior business in
332 which the applicant has been engaged and the location thereof.
333 Such application shall describe the exact location of the place
334 of business and shall state whether the place of business is
335 owned by the applicant and when acquired, or, if leased, a true
336 copy of the lease shall be attached to the application. The
337 applicant shall certify that the location provides an adequately
338 equipped office and is not a residence; that the location
339 affords sufficient unoccupied space upon and within which
340 adequately to store all motor vehicles offered and displayed for
341 sale; and that the location is a suitable place where the
342 applicant can in good faith carry on such business and keep and
343 maintain books, records, and files necessary to conduct such
344 business, which shall be available at all reasonable hours to
345 inspection by the department or any of its inspectors or other
346 employees. The applicant shall certify that the business of a
347 motor vehicle dealer is the principal business which shall be
348 conducted at that location. The application shall contain a
349 statement that the applicant is either franchised by a
350 manufacturer of motor vehicles, in which case the name of each
351 motor vehicle that the applicant is franchised to sell shall be
352 included, or an independent (nonfranchised) motor vehicle
353 dealer. The application shall contain other relevant information
354 as may be required by the department, including evidence that
355 the applicant is insured under a garage liability insurance
356 policy or a general liability insurance policy coupled with a
357 business automobile policy, which shall include, at a minimum,
358 $25,000 combined single-limit liability coverage including
359 bodily injury and property damage protection and $10,000
360 personal injury protection. However, a salvage motor vehicle
361 dealer as defined in subparagraph (1)(c)5. is exempt from the
362 requirements for garage liability insurance and personal injury
363 protection insurance on those vehicles that cannot be legally
364 operated on roads, highways, or streets in this state. Franchise
365 dealers must submit a garage liability insurance policy, and all
366 other dealers must submit a garage liability insurance policy or
367 a general liability insurance policy coupled with a business
368 automobile policy. Such policy shall be for the license period,
369 and evidence of a new or continued policy shall be delivered to
370 the department at the beginning of each license period. A
371 licensee shall deliver to the department, in the manner
372 prescribed by the department, within 10 calendar days after any
373 renewal or continuation of or change in such policy or within 10
374 calendar days after any issuance of a new policy, a copy of the
375 renewed, continued, changed, or new policy. Upon making initial
376 application, the applicant shall pay to the department a fee of
377 $300 in addition to any other fees required by law. Applicants
378 may choose to extend the licensure period for 1 additional year
379 for a total of 2 years. An initial applicant shall pay to the
380 department a fee of $300 for the first year and $75 for the
381 second year, in addition to any other fees required by law. An
382 applicant for renewal shall pay to the department $75 for a 1
383 year renewal or $150 for a 2-year renewal, in addition to any
384 other fees required by law. Upon making an application for a
385 change of location, the person shall pay a fee of $50 in
386 addition to any other fees now required by law. The department
387 shall, in the case of every application for initial licensure,
388 verify whether certain facts set forth in the application are
389 true. Each applicant, general partner in the case of a
390 partnership, or corporate officer and director in the case of a
391 corporate applicant, must file a set of fingerprints with the
392 department for the purpose of determining any prior criminal
393 record or any outstanding warrants. The department shall submit
394 the fingerprints to the Department of Law Enforcement for state
395 processing and forwarding to the Federal Bureau of Investigation
396 for federal processing. The actual cost of state and federal
397 processing shall be borne by the applicant and is in addition to
398 the fee for licensure. The department may issue a license to an
399 applicant pending the results of the fingerprint investigation,
400 which license is fully revocable if the department subsequently
401 determines that any facts set forth in the application are not
402 true or correctly represented.
403 (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.—
404 (a) Annually, before any license shall be issued to a motor
405 vehicle dealer, the applicant-dealer of new or used motor
406 vehicles shall deliver to the department a good and sufficient
407 surety bond or irrevocable letter of credit, executed by the
408 applicant-dealer as principal, in the sum of $25,000. A licensee
409 shall deliver to the department, in the manner prescribed by the
410 department, within 10 calendar days after any renewal or
411 continuation of or change in such surety bond or irrevocable
412 letter of credit or within 10 calendar days after any issuance
413 of a new surety bond or irrevocable letter of credit, a copy of
414 such renewed, continued, changed, or new surety bond or
415 irrevocable letter of credit.
416 Section 9. Paragraph (a) of subsection (16) of section
417 320.77, Florida Statutes, is amended to read:
418 320.77 License required of mobile home dealers.—
419 (16) SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF
420 CREDIT REQUIRED.—
421 (a) Before any license shall be issued or renewed, the
422 applicant or licensee shall deliver to the department a good and
423 sufficient surety bond, cash bond, or irrevocable letter of
424 credit, executed by the applicant or licensee as principal. The
425 licensee shall deliver to the department, in the manner
426 prescribed by the department, within 10 calendar days after any
427 renewal or continuation of or change in such surety bond, cash
428 bond, or irrevocable letter of credit or within 10 calendar days
429 after any issuance of a new surety bond, cash bond, or
430 irrevocable letter of credit, a copy of such renewed, continued,
431 changed, or new surety bond, cash bond, or irrevocable letter of
432 credit. The bond or irrevocable letter of credit shall be in a
433 form to be approved by the department and shall be conditioned
434 upon the dealer’s complying with the conditions of any written
435 contract made by the dealer in connection with the sale,
436 exchange, or improvement of any mobile home and his or her not
437 violating any of the provisions of chapter 319 or this chapter
438 in the conduct of the business for which the dealer is licensed.
439 The bond or irrevocable letter of credit shall be to the
440 department and in favor of any retail customer who shall suffer
441 any loss as a result of any violation of the conditions
442 contained in this section. The bond or irrevocable letter of
443 credit shall be for the license period, and a new bond or
444 irrevocable letter of credit or a proper continuation
445 certificate shall be delivered to the department at the
446 beginning of each license period. However, the aggregate
447 liability of the surety in any one license year shall in no
448 event exceed the sum of such bond, or, in the case of a letter
449 of credit, the aggregate liability of the issuing bank shall not
450 exceed the sum of the credit. The amount of the bond required
451 shall be as follows:
452 1. A single dealer who buys, sells, or deals in mobile
453 homes and who has four or fewer supplemental licenses shall
454 provide a surety bond, cash bond, or irrevocable letter of
455 credit executed by the dealer applicant or licensee in the
456 amount of $25,000.
457 2. A single dealer who buys, sells, or deals in mobile
458 homes and who has more than four supplemental licenses shall
459 provide a surety bond, cash bond, or irrevocable letter of
460 credit executed by the dealer applicant or licensee in the
461 amount of $50,000.
462
463 For the purposes of this paragraph, any person who buys, sells,
464 or deals in both mobile homes and recreational vehicles shall
465 provide the same surety bond required of dealers who buy, sell,
466 or deal in mobile homes only.
467 Section 10. Paragraph (j) of subsection (3) and paragraph
468 (a) of subsection (16) of section 320.771, Florida Statutes, are
469 amended to read:
470 320.771 License required of recreational vehicle dealers.—
471 (3) APPLICATION.—The application for such license shall be
472 in the form prescribed by the department and subject to such
473 rules as may be prescribed by it. The application shall be
474 verified by oath or affirmation and shall contain:
475 (j) Evidence A statement that the applicant is insured
476 under a garage liability insurance policy, which shall include,
477 at a minimum, $25,000 combined single-limit liability coverage,
478 including bodily injury and property damage protection, and
479 $10,000 personal injury protection, if the applicant is to be
480 licensed as a dealer in, or intends to sell, recreational
481 vehicles. Such policy must be for the license period and
482 delivered to the department in the manner prescribed by the
483 department. The licensee shall deliver to the department, in the
484 manner prescribed by the department, within 10 calendar days
485 after any renewal or continuation of or change in such policy or
486 within 10 calendar days after any issuance of a new policy, a
487 copy of such renewed, continued, changed, or new policy.
488 However, a garage liability policy is not required for the
489 licensure of a mobile home dealer who sells only park trailers.
490
491 The department shall, if it deems necessary, cause an
492 investigation to be made to ascertain if the facts set forth in
493 the application are true and shall not issue a license to the
494 applicant until it is satisfied that the facts set forth in the
495 application are true.
496 (16) BOND.—
497 (a) Before any license shall be issued or renewed, the
498 applicant shall deliver to the department, in the manner
499 prescribed by the department, a good and sufficient surety bond,
500 executed by the applicant as principal and by a surety company
501 qualified to do business in the state as surety. The licensee
502 shall deliver to the department, in the manner prescribed by the
503 department, within 10 calendar days after any renewal or
504 continuation of or change in such surety bond or within 10
505 calendar days after any issuance of a new surety bond, a copy of
506 such renewed, continued, changed, or new surety bond. The bond
507 shall be in a form to be approved by the department and shall be
508 conditioned upon the dealer’s complying with the conditions of
509 any written contract made by that dealer in connection with the
510 sale, exchange, or improvement of any recreational vehicle and
511 his or her not violating any of the provisions of chapter 319 or
512 this chapter in the conduct of the business for which he or she
513 is licensed. The bond shall be to the department and in favor of
514 any retail customer who shall suffer any loss as a result of any
515 violation of the conditions hereinabove contained. The bond
516 shall be for the license period, and a new bond or a proper
517 continuation certificate shall be delivered to the department at
518 the beginning of each license period. However, the aggregate
519 liability of the surety in any one license year shall in no
520 event exceed the sum of such bond. The amount of the bond
521 required shall be as follows:
522 1. A single dealer who buys, sells, or deals in
523 recreational vehicles and has four or fewer supplemental
524 licenses shall provide a surety bond in the amount of $10,000.
525 2. A single dealer who buys, sells, or deals in
526 recreational vehicles and who has more than four supplemental
527 licenses shall provide a surety bond in the amount of $20,000.
528
529 For the purposes of this paragraph, any person who buys, sells,
530 or deals in both mobile homes and recreational vehicles shall
531 provide the same surety bond required of dealers who buy, sell,
532 or deal in mobile homes only.
533 Section 11. Paragraphs (a) and (b) of subsection (5) of
534 section 320.8225, Florida Statutes, are amended to read:
535 320.8225 Mobile home and recreational vehicle manufacturer,
536 distributor, and importer license.—
537 (5) REQUIREMENT OF ASSURANCE.—
538 (a) Annually, prior to the receipt of a license to
539 manufacture mobile homes, the applicant or licensee shall
540 submit, in the manner prescribed by the department, a surety
541 bond, cash bond, or letter of credit from a financial
542 institution, or a proper continuation certificate, sufficient to
543 assure satisfaction of claims against the licensee for failure
544 to comply with appropriate code standards, failure to provide
545 warranty service, or violation of any provisions of this
546 section. The amount of the surety bond, cash bond, or letter of
547 credit must be $50,000. Only one surety bond, cash bond, or
548 letter of credit shall be required for each manufacturer,
549 regardless of the number of factory locations. The surety bond,
550 cash bond, or letter of credit must be to the department, in
551 favor of any retail customer who suffers a loss arising out of
552 noncompliance with code standards or failure to honor or provide
553 warranty service. The department may disapprove any bond or
554 letter of credit that does not provide assurance as provided in
555 this section. A licensee shall deliver to the department, in the
556 manner prescribed by the department, within 10 calendar days
557 after any renewal or continuation of or change in such surety
558 bond, cash bond, or letter of credit or within 10 calendar days
559 after any issuance of a new surety bond, cash bond, or letter of
560 credit, a copy of such renewed, continued, changed, or new
561 surety bond, cash bond, or letter of credit.
562 (b) Annually, before prior to the receipt of a license to
563 manufacture, distribute, or import recreational vehicles, the
564 applicant or licensee shall submit, in the manner prescribed by
565 the department, a surety bond, or a proper continuation
566 certificate, sufficient to assure satisfaction of claims against
567 the licensee for failure to comply with appropriate code
568 standards, failure to provide warranty service, or violation of
569 any provisions of this section. The amount of the surety bond
570 must be $10,000 per year. The surety bond must be to the
571 department, in favor of any retail customer who suffers loss
572 arising out of noncompliance with code standards or failure to
573 honor or provide warranty service. The department may disapprove
574 any bond that does not provide assurance as provided in this
575 section. The licensee shall deliver to the department, in the
576 manner prescribed by the department, within 10 calendar days
577 after any renewal or continuation of or change in such surety
578 bond or within 10 calendar days after any issuance of a new
579 surety bond, a copy of such renewed, continued, changed, or new
580 surety bond.
581 Section 12. Section 320.861, Florida Statutes, is amended
582 to read:
583 320.861 Investigations; subpoenas and other process; oaths;
584 rules Inspection of records; production of evidence; subpoena
585 power.—
586 (1) The department may conduct investigations and
587 examinations of any person suspected of violating or of having
588 violated this chapter or any rule adopted or order issued
589 thereunder inspect the pertinent books, records, letters, and
590 contracts of any licensee, whether dealer or manufacturer,
591 relating to any written complaint made to it against such
592 licensee.
593 (2) For purposes of any investigation or examination
594 conducted pursuant to this section, the department may is
595 granted and authorized to exercise the power of subpoena and the
596 powers to administer oaths or affirmations, to examine
597 witnesses, to require affidavits, to take depositions, and to
598 compel the attendance of witnesses and the production of books,
599 papers, documents, records, and other evidence. A designated
600 agent of the department may serve a subpoena relating to an
601 investigation or examination for the attendance of witnesses and
602 the production of any documentary evidence necessary to the
603 disposition by it of any written complaint against any licensee,
604 whether dealer or manufacturer.
605 (3) If a person refuses to testify; to produce books,
606 papers, documents, or records; or to otherwise obey the subpoena
607 or subpoena duces tecum issued under subsection (2), the
608 department may petition a court of competent jurisdiction in the
609 county where the person’s residence or principal place of
610 business is located, upon which the court must issue an order
611 requiring such person to obey the subpoena or show cause for
612 failing to obey the subpoena. Unless the person shows sufficient
613 cause for failing to obey the subpoena, the court must direct
614 the person to obey the subpoena. Failure to comply with such
615 order constitutes contempt of court.
616 (4) For the purpose of any investigation, examination, or
617 proceeding initiated by the department under this chapter, the
618 department may designate agents to serve subpoenas and other
619 process and to administer oaths or affirmations. The department
620 shall exercise this power on its own initiative in accordance
621 with ss. 320.615 and 320.71.
622 (5) Witnesses subpoenaed under this section are entitled to
623 witness fees at the same rate established by s. 92.142 for
624 witnesses in a civil case, except that witness fees are not
625 payable for appearance at the witness’s place of business during
626 regular business hours or at the witness’s residence.
627 (6) The department may adopt rules to administer this
628 section.
629 Section 13. Section 322.71, Florida Statutes, is created to
630 read:
631 322.71 Investigations; subpoenas and other process; oaths;
632 rules.—
633 (1) The department may conduct investigations and
634 examinations of any person suspected of violating or of having
635 violated any provision of this chapter or any rule adopted or
636 order issued under this chapter.
637 (2) For purposes of any investigation or examination
638 conducted pursuant to this section, the department may exercise
639 the power of subpoena and the powers to administer oaths or
640 affirmations, to examine witnesses, to require affidavits, to
641 take depositions, and to compel the attendance of witnesses and
642 the production of books, papers, documents, records, and other
643 evidence. Such subpoenas may be served by an authorized
644 representative of the department.
645 (3) If a person refuses to testify; to produce books,
646 papers, documents, or records; or to otherwise obey the subpoena
647 or subpoena duces tecum issued under subsection (2), the
648 department may petition a court of competent jurisdiction in the
649 county where the person’s residence or principal place of
650 business is located, upon which the court must issue an order
651 requiring such person to obey the subpoena or show cause for
652 failing to obey the subpoena. Unless the person shows sufficient
653 cause for failing to obey the subpoena, the court must direct
654 the person to obey the subpoena. Failure to comply with such
655 order constitutes contempt of court.
656 (4) For the purpose of any investigation, examination, or
657 proceeding initiated by the department under this chapter, the
658 department may designate agents to serve subpoenas and other
659 process and to administer oaths or affirmations.
660 (5) Witnesses subpoenaed under this section are entitled to
661 witness fees at the same rate established by s. 92.142 for
662 witnesses in a civil case, except that witness fees are not
663 payable for appearance at the witness’s place of business during
664 regular business hours or at the witness’s residence.
665 (6) The department may adopt rules to administer this
666 section.
667 Section 14. Subsection (7) of section 337.14, Florida
668 Statutes, is amended to read:
669 337.14 Application for qualification; certificate of
670 qualification; restrictions; request for hearing.—
671 (7) A “contractor” as defined in s. 337.165(1)(d) or his or
672 her “affiliate” as defined in s. 337.165(1)(a) qualified with
673 the department under this section may not also qualify under s.
674 287.055 or s. 337.105 to provide testing services, construction,
675 engineering, and inspection services to the department. This
676 limitation does not apply to any design-build prequalification
677 under s. 337.11(7) and does not apply when the department
678 otherwise determines by written order entered at least 30 days
679 before advertisement that the limitation is not in the best
680 interests of the public with respect to a particular contract
681 for testing services, construction, engineering, and inspection
682 services. This subsection does not authorize a contractor to
683 provide testing services, or provide construction, engineering,
684 and inspection services, to the department in connection with a
685 construction contract under which the contractor is performing
686 any work. Notwithstanding any other provision of law to the
687 contrary, for a project that is wholly or partially funded by
688 the department and administered by a local governmental entity,
689 except for a seaport listed in s. 311.09 or an airport as
690 defined in s. 332.004, the entity performing design and
691 construction engineering and inspection services may not be the
692 same entity.
693 Section 15. Paragraph (a) of subsection (8) of section
694 338.221, Florida Statutes, is amended to read:
695 338.221 Definitions.—As used in ss. 338.22-338.241, the
696 following words and terms have the following meanings, unless
697 the context indicates another or different meaning or intent:
698 (8) “Economically feasible” means:
699 (a) For a proposed turnpike project, that, as determined by
700 the department before the issuance of revenue bonds for the
701 project, the estimated net revenues of the proposed turnpike
702 project, excluding feeder roads and turnpike improvements, will
703 be sufficient to pay at least 50 percent of the average annual
704 debt service on the bonds associated with the project by the end
705 of the 12th year of operation and to pay at least 100 percent of
706 the average annual debt service on the bonds by the end of the
707 30th year of operation. In implementing this paragraph, up to 50
708 percent of the adopted work program costs of the project may be
709 funded from turnpike revenues.
710
711 This subsection does not prohibit the pledging of revenues from
712 the entire turnpike system to bonds issued to finance or
713 refinance a turnpike project or group of turnpike projects.
714 Section 16. Subsection (4) of section 339.0809, Florida
715 Statutes, is amended to read:
716 339.0809 Florida Department of Transportation Financing
717 Corporation.—
718 (4) The Florida Department of Transportation Financing
719 Corporation may enter into one or more service contracts with
720 the department to provide services to the department in
721 connection with projects approved in the department’s work
722 program, which approval specifically provides that the
723 department may enter into a service contract for the project
724 pursuant to this section. The department may enter into one or
725 more such service contracts with the corporation and provide for
726 payments under such contracts, subject to annual appropriation
727 by the Legislature. The proceeds from such service contracts may
728 be used for the corporation’s administrative costs and expenses
729 after payments under subsection (5). Each service contract may
730 have a term of up to 35 years. In compliance with s. 287.0641
731 and other applicable law, the obligations of the department
732 under such service contracts do not constitute a general
733 obligation of the state or a pledge of the full faith and credit
734 or taxing power of the state, and such obligations are not an
735 obligation of the State Board of Administration or entities for
736 which it invests funds, other than the department as provided in
737 this section, but are payable solely from amounts available in
738 the State Transportation Trust Fund, subject to annual
739 appropriation. Notwithstanding any law to the contrary, funds in
740 the State Transportation Trust Fund must first be available for
741 appropriation for payments under a service contract before any
742 other purpose, except for payments pursuant to s. 215.616, s.
743 215.617, s. 320.20(3) or (4), or s. 339.0801(1)(a). Annual debt
744 service on the corporation’s bonds payable from moneys
745 appropriated for service contract payments may not exceed $100
746 million. In compliance with this subsection and s. 287.0582, the
747 service contract must expressly include the following statement:
748 “The State of Florida’s performance and obligation to pay under
749 this contract is contingent upon an annual appropriation by the
750 Legislature.”
751 Section 17. Part III of chapter 343, Florida Statutes,
752 consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83,
753 343.835, 343.836, 343.84, 343.85, 343.87, 343.875, 343.88,
754 343.881, 343.884, and 343.89, Florida Statutes, is repealed.
755 Section 18. Paragraph (c) of subsection (1) of section
756 348.754, Florida Statutes, is amended to read:
757 348.754 Purposes and powers.—
758 (1)
759 (c) Notwithstanding any other provision of this section to
760 the contrary, to ensure the continued financial feasibility of
761 the portion of the Wekiva Parkway to be constructed by the
762 department, the authority may not, without the prior
763 consultation with consent of the secretary of the department,
764 construct any extensions, additions, or improvements to the
765 expressway system in Lake County.
766 Section 19. For the purpose of incorporating the amendment
767 made by this act to section 316.126, Florida Statutes, in a
768 reference thereto, paragraph (d) of subsection (2) of section
769 318.18, Florida Statutes, is reenacted to read:
770 318.18 Amount of penalties.—The penalties required for a
771 noncriminal disposition pursuant to s. 318.14 or a criminal
772 offense listed in s. 318.17 are as follows:
773 (2) Thirty dollars for all nonmoving traffic violations
774 and:
775 (d) For all violations of s. 316.126(1)(b), unless
776 otherwise specified.
777 Section 20. For the purpose of incorporating the amendment
778 made by this act to section 316.70, Florida Statutes, in a
779 reference thereto, subsection (1) of section 316.3026, Florida
780 Statutes, is reenacted to read:
781 316.3026 Unlawful operation of motor carriers.—
782 (1) The Office of Commercial Vehicle Enforcement may issue
783 out-of-service orders to motor carriers, as defined in s.
784 320.01, who, after proper notice, have failed to pay any penalty
785 or fine assessed by the department, or its agent, against any
786 owner or motor carrier for violations of state law, refused to
787 submit to a compliance review and provide records pursuant to s.
788 316.302(6) or s. 316.70, or violated safety regulations pursuant
789 to s. 316.302 or insurance requirements in s. 627.7415. Such
790 out-of-service orders have the effect of prohibiting the
791 operations of any motor vehicles owned, leased, or otherwise
792 operated by the motor carrier upon the roadways of this state,
793 until the violations have been corrected or penalties have been
794 paid. Out-of-service orders must be approved by the director of
795 the Division of the Florida Highway Patrol or his or her
796 designee. An administrative hearing pursuant to s. 120.569 shall
797 be afforded to motor carriers subject to such orders.
798 Section 21. For the purpose of incorporating the amendment
799 made by this act to section 338.221, Florida Statutes, in a
800 reference thereto, section 338.2276, Florida Statutes, is
801 reenacted to read:
802 338.2276 Western Beltway turnpike project; financing.—Upon
803 a determination of economic feasibility, as defined in s.
804 338.221(8), for part C of the Western Beltway turnpike project,
805 which part extends from Florida’s Turnpike near Ocoee in Orange
806 County southerly through Orange County and Osceola County to an
807 interchange with I-4 near the Osceola/Polk County line, the
808 Department of Transportation shall include a request for the
809 issuance of turnpike revenue bonds to construct the project as
810 part of its next legislative budget request and tentative work
811 program. If funding is insufficient to construct part C, it is
812 the intent of the Legislature that such project be given
813 priority as a project financed from subsequent issuances of
814 turnpike revenue bonds approved by the Legislature; however,
815 such priority consideration is contingent on the project’s
816 meeting all economic feasibility requirements and upon the
817 project’s being financed without the use of capitalized
818 interest.
819 Section 22. Notwithstanding any other law, the Northwest
820 Florida Transportation Corridor Authority is dissolved. The
821 authority shall discharge or make provision for the authority’s
822 debts, obligations, and other liabilities; settle and close the
823 authority’s activities and affairs; and provide for distribution
824 of the authority’s assets, or the proceeds of such assets, such
825 that each local general-purpose government represented on the
826 authority’s board receives a distribution generally in
827 proportion to each entity’s contribution to the acquisition of
828 the assets.
829 Section 23. This act shall take effect July 1, 2021.
830
831 ================= T I T L E A M E N D M E N T ================
832 And the title is amended as follows:
833 Delete everything before the enacting clause
834 and insert:
835 A bill to be entitled
836 An act relating to transportation; amending s.
837 316.126, F.S.; requiring drivers to change lanes when
838 approaching a road and bridge maintenance or
839 construction vehicle displaying warning lights on the
840 roadside; amending s. 316.3045, F.S.; revising
841 provisions relating to the operation of radios or
842 other soundmaking devices in vehicles; deleting a
843 standard for determining prohibited sound levels;
844 deleting an exception for vehicles operated for
845 business or political purposes; authorizing local
846 authorities to regulate the place where such
847 soundmaking devices may be operated; amending s.
848 316.305, F.S.; deleting obsolete language; amending s.
849 316.70, F.S.; providing that owners and drivers of
850 nonpublic sector buses operated on public highways of
851 this state are subject to specified provisions of law;
852 authorizing the Department of Highway Safety and Motor
853 Vehicles to conduct compliance reviews for a specified
854 purpose; revising civil penalties; authorizing certain
855 law enforcement officers and appointed agents to
856 require drivers of commercial vehicles to submit to an
857 inspection of the vehicle and the driver’s records;
858 authorizing such officers and agents to require the
859 vehicle and driver to be removed from service under
860 specified conditions; authorizing such officers and
861 agents to give written notice; creating s. 319.1414,
862 F.S.; authorizing the department to conduct
863 investigations and examinations of department
864 authorized private rebuilt inspection providers;
865 authorizing the department to exercise certain powers
866 when conducting such investigations and examinations;
867 authorizing the department to petition a court if a
868 person refuses to testify, produce materials, or obey
869 a subpoena or subpoena duces tecum; requiring the
870 court to issue an order; requiring such person to obey
871 the subpoena or show cause for failing to obey the
872 subpoena; providing a penalty for a person who fails
873 to comply with the court’s order; authorizing the
874 department to designate agents for specified purposes;
875 providing that subpoenaed witnesses are entitled to
876 witness fees; providing exceptions; authorizing the
877 department to adopt rules; amending s. 319.25, F.S.;
878 authorizing the department to conduct investigations
879 and examinations relating to violations of provisions
880 relating to title certificates; authorizing the
881 department to exercise certain powers when conducting
882 such investigations and examinations; authorizing the
883 department to petition a court if a person refuses to
884 testify, produce materials, or obey a subpoena or
885 subpoena duces tecum; requiring the court to issue an
886 order; requiring such person to obey the subpoena or
887 show cause for failing to obey the subpoena; providing
888 a penalty for a person who fails to comply with the
889 court’s order; authorizing the department to designate
890 agents for specified purposes; providing that
891 subpoenaed witnesses are entitled to witness fees;
892 providing exceptions; authorizing the department to
893 adopt rules; amending s. 319.30, F.S.; revising
894 conditions under which insurance companies are
895 authorized to receive salvage certificates of title or
896 certificates of destruction for motor vehicles and
897 mobile homes from the department; amending s. 320.27,
898 F.S.; requiring motor vehicle dealer licensees to
899 deliver copies of renewed, continued, changed, or new
900 insurance policies to the department within specified
901 timeframes under certain conditions; requiring such
902 licensees to deliver copies of renewed, continued,
903 changed, or new surety bonds or irrevocable letters of
904 credit to the department within specified timeframes
905 under certain conditions; amending s. 320.77, F.S.;
906 requiring mobile home dealer licensees to deliver
907 copies of renewed, continued, changed, or new surety
908 bonds, cash bonds, or irrevocable letters of credit to
909 the department within specified timeframes under
910 certain conditions; amending s. 320.771, F.S.;
911 revising requirements for applications for licenses
912 required of recreational vehicle dealers; requiring
913 recreational vehicle dealer licensees to deliver
914 copies of renewed, continued, changed, or new
915 insurance policies to the department within specified
916 timeframes under certain conditions; requiring such
917 licensees to deliver copies of renewed, continued,
918 changed, or new surety bonds to the department within
919 specified timeframes under certain conditions;
920 amending s. 320.8225, F.S.; requiring mobile home and
921 recreational vehicle manufacturer, distributor, and
922 importer licensees to deliver copies of renewed,
923 continued, changed, or new surety bonds, cash bonds,
924 or letters of credit to the department within
925 specified timeframes under certain conditions;
926 amending s. 320.861, F.S.; authorizing the department
927 to conduct investigations and examinations relating to
928 violations of certain laws, rules, or orders relating
929 to motor vehicle licenses; revising the powers of the
930 department relating to conducting such investigations
931 and examinations; authorizing the department to
932 petition a court if a person refuses to testify,
933 produce materials, or obey a subpoena or subpoena
934 duces tecum; requiring the court to issue an order;
935 requiring such person to obey the subpoena or show
936 cause for failing to obey the subpoena; providing a
937 penalty for a person who fails to comply with the
938 court’s order; authorizing the department to designate
939 agents for specified purposes; providing that
940 subpoenaed witnesses are entitled to witness fees;
941 providing exceptions; authorizing the department to
942 adopt rules; creating s. 322.71, F.S.; authorizing the
943 department to conduct investigations and examinations
944 relating to violations of certain laws, rules, or
945 orders relating to driver licenses; authorizing the
946 department to exercise certain powers when conducting
947 such investigations and examinations; authorizing the
948 department to petition a court if a person refuses to
949 testify, produce materials, or obey a subpoena or
950 subpoena duces tecum; requiring the court to issue an
951 order; requiring such person to obey the subpoena or
952 show cause for failing to obey the subpoena; providing
953 a penalty for a person who fails to comply with the
954 court’s order; authorizing the department to designate
955 agents for specified purposes; providing that
956 subpoenaed witnesses are entitled to witness fees;
957 providing exceptions; authorizing the department to
958 adopt rules; amending s. 337.14, F.S.; exempting
959 airports from certain restrictions regarding entities
960 performing engineering and inspection services;
961 amending s. 338.221, F.S.; revising the definition of
962 the term “economically feasible”; amending s.
963 339.0809, F.S.; requiring that funds in the State
964 Transportation Trust Fund be first available for
965 appropriation for payments under a service contract
966 before any other purpose; providing exceptions;
967 prohibiting annual debt service on the Florida
968 Department of Transportation Financing Corporation’s
969 bonds payable from moneys appropriated from service
970 contract payments from exceeding $100 million;
971 repealing part III of chapter 343, F.S., relating to
972 the creation and operation of the Northwest Florida
973 Transportation Corridor Authority; amending s.
974 348.754, F.S.; prohibiting the Central Florida
975 Expressway Authority from constructing any extensions,
976 additions, or improvements to the Central Florida
977 Expressway System in Lake County without prior
978 consultation with, rather than consent of, the
979 Secretary of Transportation; reenacting s.
980 318.18(2)(d), F.S., relating to the amount of
981 penalties, to incorporate the amendment made to s.
982 316.126, F.S., in a reference thereto; reenacting s.
983 316.3026(1), F.S., relating to unlawful operation of
984 motor carriers, to incorporate the amendment made to
985 s. 316.70, F.S., in a reference thereto; reenacting s.
986 338.2276, F.S., relating to the Western Beltway
987 turnpike project, to incorporate the amendment made to
988 s. 338.221, F.S., in a reference thereto; dissolving
989 the Northwest Florida Transportation Corridor
990 Authority and requiring the authority to discharge its
991 liabilities, settle and close its activities and
992 affairs, and provide for the distribution of the
993 authority’s assets; providing an effective date.