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.