Florida Senate - 2022 SB 914
By Senator Harrell
25-00917D-22 2022914__
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; amending s. 316.305, F.S.;
4 requiring law enforcement agencies to annually report
5 race and ethnicity data of certain violators to the
6 department; revising the date by which the department
7 must begin annually reporting such data to the
8 Governor and the Legislature; amending s. 316.646,
9 F.S.; deleting a precondition to a requirement that
10 the operator of a motor vehicle display proof of
11 maintenance of security to a law enforcement officer
12 or certain other persons; amending s. 319.141, F.S.;
13 extending the date by which the department must
14 implement a rebuilt motor vehicle inspection program;
15 adding counties where the program must be implemented;
16 deleting an obsolete provision; amending s. 319.32,
17 F.S.; prohibiting the department and a tax collector
18 from charging fees or service charges, except a
19 certain fee, under certain circumstances; amending s.
20 320.01, F.S.; revising the definition of the term
21 “apportionable vehicle”; amending s. 320.03, F.S.;
22 revising applicability; amending s. 320.77, F.S.;
23 requiring licensed mobile home dealers to deliver
24 certain documents to the department within a certain
25 timeframe; amending s. 320.771, F.S.; specifying the
26 required term of a certain garage liability insurance
27 policy; requiring licensed recreational vehicle
28 dealers to deliver certain documents to the department
29 within a certain timeframe; amending s. 320.8225,
30 F.S.; requiring licensed mobile home manufacturers and
31 recreational vehicle manufacturers, distributors, and
32 importers to submit certain documents to the
33 department within a certain timeframe; amending s.
34 627.7415, F.S.; requiring that certain commercial
35 motor vehicles meet certain federal financial
36 responsibility requirements; providing an effective
37 date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Subsection (5) of section 316.305, Florida
42 Statutes, is amended to read:
43 316.305 Wireless communications devices; prohibition.—
44 (5) When a law enforcement officer issues a citation for a
45 violation of this section, the law enforcement officer must
46 record the race and ethnicity of the violator. All law
47 enforcement agencies must maintain such information and report
48 the information to the department by April 1 annually in a form
49 and manner determined by the department. Beginning July 1, 2023
50 February 1, 2020, the department shall annually report the data
51 collected under this subsection to the Governor, the President
52 of the Senate, and the Speaker of the House of Representatives.
53 The data collected must be reported at least by statewide totals
54 for local law enforcement agencies, state law enforcement
55 agencies, and state university law enforcement agencies. The
56 statewide total for local law enforcement agencies shall combine
57 the data for the county sheriffs and the municipal law
58 enforcement agencies.
59 Section 2. Subsection (2) of section 316.646, Florida
60 Statutes, is amended to read:
61 316.646 Security required; proof of security and display
62 thereof.—
63 (2) If, upon a comparison of the vehicle registration
64 certificate or other evidence of registration or ownership with
65 the operator’s driver license or other evidence of personal
66 identity, it appears to a law enforcement officer or other
67 person authorized to issue traffic citations that the operator
68 is also the owner or registrant of the vehicle, Upon the demand
69 of a the law enforcement officer or other person authorized to
70 issue traffic citations, the operator shall display proper proof
71 of maintenance of security as specified by subsection (1).
72 Section 3. Subsections (2) and (10) of section 319.141,
73 Florida Statutes, are amended to read:
74 319.141 Rebuilt motor vehicle inspection program.—
75 (2) By October 1, 2022 2019, the department shall implement
76 a program in Bay, Broward, Duval, Escambia, Hillsborough, Leon,
77 Manatee, Marion, Miami-Dade, Orange, Palm Beach, and Volusia
78 Counties County for rebuilt inspection services offered by
79 private sector participants.
80 (10) On or before July 1, 2021, the department shall submit
81 a written report to the President of the Senate and the Speaker
82 of the House of Representatives evaluating the effectiveness of
83 the program and whether to expand the program to other counties.
84 Section 4. Subsection (7) of section 319.32, Florida
85 Statutes, is amended to read:
86 319.32 Fees; service charges; disposition.—
87 (7) Notwithstanding any other provision of this section,
88 the department and tax collector may not charge any fee or
89 service charge, except for the expedited title fee, if
90 applicable:,
91 (a) For a certificate of title issued for a motor vehicle
92 solely to remove a deceased co-owner from a title registered in
93 the names of two persons if the other co-owner is the surviving
94 spouse; or
95 (b) To issue a certificate of title solely to change the
96 ownership of a motor vehicle from a deceased spouse’s name to
97 the surviving spouse’s name.
98 Section 5. Subsection (24) of section 320.01, Florida
99 Statutes, is amended to read:
100 320.01 Definitions, general.—As used in the Florida
101 Statutes, except as otherwise provided, the term:
102 (24) “Apportionable vehicle” means any vehicle, except
103 recreational vehicles, vehicles displaying restricted plates,
104 city pickup and delivery vehicles, buses used in transportation
105 of chartered parties, and government-owned vehicles, which is
106 used or intended for use in two or more member jurisdictions
107 that allocate or proportionally register vehicles and which is
108 used for the transportation of persons for hire or is designed,
109 used, or maintained primarily for the transportation of property
110 and:
111 (a) Is a power unit having a gross vehicle weight in excess
112 of 26,000 pounds;
113 (b) Is a power unit having three or more axles, regardless
114 of weight; or
115 (c) Is used in combination, when the weight of such
116 combination exceeds 26,000 pounds gross vehicle weight.
117
118 Vehicles, or combinations thereof, having a gross vehicle weight
119 of 26,000 pounds or less and two-axle vehicles may be
120 proportionally registered.
121 Section 6. Subsection (8) of section 320.03, Florida
122 Statutes, is amended to read:
123 320.03 Registration; duties of tax collectors;
124 International Registration Plan.—
125 (8) If the applicant’s name appears on the list referred to
126 in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
127 713.78(13), a license plate or revalidation sticker may not be
128 issued until that person’s name no longer appears on the list or
129 until the person presents a receipt from the governmental entity
130 or the clerk of court that provided the data showing that the
131 fines outstanding have been paid. This subsection does not apply
132 to the owner of a leased vehicle if the vehicle is registered in
133 the name of the lessee of the vehicle. The tax collector and the
134 clerk of the court are each entitled to receive monthly, as
135 costs for implementing and administering this subsection, 10
136 percent of the civil penalties and fines recovered from such
137 persons. As used in this subsection, the term “civil penalties
138 and fines” does not include a wrecker operator’s lien as
139 described in s. 713.78(13). If the tax collector has private tag
140 agents, such tag agents are entitled to receive a pro rata share
141 of the amount paid to the tax collector, based upon the
142 percentage of license plates and revalidation stickers issued by
143 the tag agent compared to the total issued within the county.
144 The authority of any private agent to issue license plates shall
145 be revoked, after notice and a hearing as provided in chapter
146 120, if he or she issues any license plate or revalidation
147 sticker contrary to the provisions of this subsection. This
148 section applies both only to the annual renewal in the owner’s
149 birth month of a motor vehicle registration and the replacement
150 of the motor vehicle registration or license plate, but does not
151 apply to the transfer of a registration of a motor vehicle sold
152 by a motor vehicle dealer licensed under this chapter, except
153 for the transfer of registrations which includes the annual
154 renewals. This section does not affect the issuance of the title
155 to a motor vehicle, notwithstanding s. 319.23(8)(b).
156 Section 7. Paragraph (a) of subsection (16) of section
157 320.77, Florida Statutes, is amended to read:
158 320.77 License required of mobile home dealers.—
159 (16) SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF
160 CREDIT REQUIRED.—
161 (a) Before any license shall be issued or renewed, the
162 applicant or licensee shall deliver to the department a good and
163 sufficient surety bond, cash bond, or irrevocable letter of
164 credit, executed by the applicant or licensee as principal.
165 Within 10 calendar days after any renewal or continuation of or
166 material change in such surety bond, cash bond, or irrevocable
167 letter of credit or issuance of a new surety bond, a licensee
168 shall deliver to the department, in a manner prescribed by the
169 department, a copy of the renewed, continued, changed, or new
170 surety bond, cash bond, or irrevocable letter of credit. The
171 bond or irrevocable letter of credit shall be in a form to be
172 approved by the department and shall be conditioned upon the
173 dealer’s complying with the conditions of any written contract
174 made by the dealer in connection with the sale, exchange, or
175 improvement of any mobile home and his or her not violating any
176 of the provisions of chapter 319 or this chapter in the conduct
177 of the business for which the dealer is licensed. The bond or
178 irrevocable letter of credit shall be to the department and in
179 favor of any retail customer who shall suffer any loss as a
180 result of any violation of the conditions contained in this
181 section. The bond or irrevocable letter of credit shall be for
182 the license period, and a new bond or irrevocable letter of
183 credit or a proper continuation certificate shall be delivered
184 to the department at the beginning of each license period.
185 However, the aggregate liability of the surety in any one
186 license year shall in no event exceed the sum of such bond, or,
187 in the case of a letter of credit, the aggregate liability of
188 the issuing bank shall not exceed the sum of the credit. The
189 amount of the bond required shall be as follows:
190 1. A single dealer who buys, sells, or deals in mobile
191 homes and who has four or fewer supplemental licenses shall
192 provide a surety bond, cash bond, or irrevocable letter of
193 credit executed by the dealer applicant or licensee in the
194 amount of $25,000.
195 2. A single dealer who buys, sells, or deals in mobile
196 homes and who has more than four supplemental licenses shall
197 provide a surety bond, cash bond, or irrevocable letter of
198 credit executed by the dealer applicant or licensee in the
199 amount of $50,000.
200
201 For the purposes of this paragraph, any person who buys, sells,
202 or deals in both mobile homes and recreational vehicles shall
203 provide the same surety bond required of dealers who buy, sell,
204 or deal in mobile homes only.
205 Section 8. Paragraph (j) of subsection (3) and paragraph
206 (a) of subsection (16) of section 320.771, Florida Statutes, are
207 amended to read:
208 320.771 License required of recreational vehicle dealers.—
209 (3) APPLICATION.—The application for such license shall be
210 in the form prescribed by the department and subject to such
211 rules as may be prescribed by it. The application shall be
212 verified by oath or affirmation and shall contain:
213 (j) Evidence A statement that the applicant is insured
214 under a garage liability insurance policy, which shall include,
215 at a minimum, $25,000 combined single-limit liability coverage,
216 including bodily injury and property damage protection, and
217 $10,000 personal injury protection, if the applicant is to be
218 licensed as a dealer in, or intends to sell, recreational
219 vehicles. Such policy must be for the license period. Within 10
220 calendar days after any renewal or continuation of or material
221 change in such policy or issuance of a new policy, the licensee
222 shall deliver to the department, in a manner prescribed by the
223 department, a copy of such renewed, continued, changed, or new
224 policy. However, a garage liability policy is not required for
225 the licensure of a mobile home dealer who sells only park
226 trailers.
227
228 The department shall, if it deems necessary, cause an
229 investigation to be made to ascertain if the facts set forth in
230 the application are true and shall not issue a license to the
231 applicant until it is satisfied that the facts set forth in the
232 application are true.
233 (16) BOND.—
234 (a) Before any license shall be issued or renewed, the
235 applicant shall deliver to the department a good and sufficient
236 surety bond, executed by the applicant as principal and by a
237 surety company qualified to do business in the state as surety.
238 Within 10 calendar days after any renewal or continuation of or
239 material change in such surety bond or issuance of a new surety
240 bond, a licensee shall deliver to the department, in a manner
241 prescribed by the department, a copy of such renewed, continued,
242 changed, or new surety bond. The bond shall be in a form to be
243 approved by the department and shall be conditioned upon the
244 dealer’s complying with the conditions of any written contract
245 made by that dealer in connection with the sale, exchange, or
246 improvement of any recreational vehicle and his or her not
247 violating any of the provisions of chapter 319 or this chapter
248 in the conduct of the business for which he or she is licensed.
249 The bond shall be to the department and in favor of any retail
250 customer who shall suffer any loss as a result of any violation
251 of the conditions hereinabove contained. The bond shall be for
252 the license period, and a new bond or a proper continuation
253 certificate shall be delivered to the department at the
254 beginning of each license period. However, the aggregate
255 liability of the surety in any one license year shall in no
256 event exceed the sum of such bond. The amount of the bond
257 required shall be as follows:
258 1. A single dealer who buys, sells, or deals in
259 recreational vehicles and has four or fewer supplemental
260 licenses shall provide a surety bond in the amount of $10,000.
261 2. A single dealer who buys, sells, or deals in
262 recreational vehicles and who has more than four supplemental
263 licenses shall provide a surety bond in the amount of $20,000.
264
265 For the purposes of this paragraph, any person who buys, sells,
266 or deals in both mobile homes and recreational vehicles shall
267 provide the same surety bond required of dealers who buy, sell,
268 or deal in mobile homes only.
269 Section 9. Paragraphs (a) and (b) of subsection (5) of
270 section 320.8225, Florida Statutes, are amended to read:
271 320.8225 Mobile home and recreational vehicle manufacturer,
272 distributor, and importer license.—
273 (5) REQUIREMENT OF ASSURANCE.—
274 (a) Annually, prior to the receipt of a license to
275 manufacture mobile homes, the applicant or licensee shall submit
276 a surety bond, cash bond, or letter of credit from a financial
277 institution, or a proper continuation certificate, sufficient to
278 assure satisfaction of claims against the licensee for failure
279 to comply with appropriate code standards, failure to provide
280 warranty service, or violation of any provisions of this
281 section. The amount of the surety bond, cash bond, or letter of
282 credit must be $50,000. Only one surety bond, cash bond, or
283 letter of credit shall be required for each manufacturer,
284 regardless of the number of factory locations. The surety bond,
285 cash bond, or letter of credit must be to the department, in
286 favor of any retail customer who suffers a loss arising out of
287 noncompliance with code standards or failure to honor or provide
288 warranty service. The department may disapprove any bond or
289 letter of credit that does not provide assurance as provided in
290 this section. Within 10 calendar days after any renewal or
291 continuation of or material change in such surety bond, cash
292 bond, or letter of credit or issuance of a new surety bond, cash
293 bond, or letter of credit, a licensee shall deliver to the
294 department, in a manner prescribed by the department, a copy of
295 such renewed, continued, changed, or new surety bond, cash bond,
296 or letter of credit.
297 (b) Annually, prior to the receipt of a license to
298 manufacture, distribute, or import recreational vehicles, the
299 applicant or licensee shall submit a surety bond, or a proper
300 continuation certificate, sufficient to assure satisfaction of
301 claims against the licensee for failure to comply with
302 appropriate code standards, failure to provide warranty service,
303 or violation of any provisions of this section. The amount of
304 the surety bond must be $10,000 per year. The surety bond must
305 be to the department, in favor of any retail customer who
306 suffers loss arising out of noncompliance with code standards or
307 failure to honor or provide warranty service. The department may
308 disapprove any bond that does not provide assurance as provided
309 in this section. Within 10 calendar days after any renewal or
310 continuation of or material change in such surety bond or
311 issuance of a new surety bond, a licensee shall deliver to the
312 department, in a manner prescribed by the department, a copy of
313 such renewed, continued, changed, or new surety bond.
314 Section 10. Subsection (4) of section 627.7415, Florida
315 Statutes, is amended to read:
316 627.7415 Commercial motor vehicles; additional liability
317 insurance coverage.—Commercial motor vehicles, as defined in s.
318 207.002 or s. 320.01, operated upon the roads and highways of
319 this state shall be insured with the following minimum levels of
320 combined bodily liability insurance and property damage
321 liability insurance in addition to any other insurance
322 requirements:
323 (4) All commercial motor vehicles subject to regulations of
324 the United States Department of Transportation, 49 C.F.R. part
325 387, subparts subpart A and B, and as may be hereinafter
326 amended, shall be insured in an amount equivalent to the minimum
327 levels of financial responsibility as set forth in such
328 regulations.
329
330 A violation of this section is a noncriminal traffic infraction,
331 punishable as a nonmoving violation as provided in chapter 318.
332 Section 11. This act shall take effect July 1, 2022.