ENROLLED
       2022 Legislature                           SB 914, 1st Engrossed
       
       
       
       
       
       
                                                              2022914er
    1  
    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; removing a requirement for
   13         certain motor vehicle operators to subsequently
   14         furnish proof of security after a certain violation;
   15         amending ss. 322.051 and 322.14, F.S.; requiring that
   16         distinguishing numbers assigned to identification
   17         cards and driver licenses, respectively, have a
   18         specified minimum number of randomly generated digits
   19         beginning on a specified date; amending s. 319.141,
   20         F.S.; extending the date by which the department must
   21         implement a rebuilt motor vehicle inspection program;
   22         adding counties where the program must be implemented;
   23         deleting an obsolete provision; amending s. 319.32,
   24         F.S.; prohibiting the department and a tax collector
   25         from charging fees or service charges, except a
   26         certain fee, under certain circumstances; amending s.
   27         320.01, F.S.; revising the definition of the term
   28         “apportionable vehicle”; amending s. 320.03, F.S.;
   29         revising applicability; amending s. 320.77, F.S.;
   30         requiring licensed mobile home dealers to deliver
   31         certain documents to the department within a certain
   32         timeframe; amending s. 320.771, F.S.; specifying the
   33         required term of a certain garage liability insurance
   34         policy; requiring licensed recreational vehicle
   35         dealers to deliver certain documents to the department
   36         within a certain timeframe; amending s. 320.8225,
   37         F.S.; requiring licensed mobile home manufacturers and
   38         recreational vehicle manufacturers, distributors, and
   39         importers to submit certain documents to the
   40         department within a certain timeframe; amending s.
   41         627.7415, F.S.; requiring that certain commercial
   42         motor vehicles meet certain federal financial
   43         responsibility requirements; providing an effective
   44         date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Subsection (5) of section 316.305, Florida
   49  Statutes, is amended to read:
   50         316.305 Wireless communications devices; prohibition.—
   51         (5) When a law enforcement officer issues a citation for a
   52  violation of this section, the law enforcement officer must
   53  record the race and ethnicity of the violator. All law
   54  enforcement agencies must maintain such information and report
   55  the information to the department by April 1 annually in a form
   56  and manner determined by the department. Beginning July 1, 2023
   57  February 1, 2020, the department shall annually report the data
   58  collected under this subsection to the Governor, the President
   59  of the Senate, and the Speaker of the House of Representatives.
   60  The data collected must be reported at least by statewide totals
   61  for local law enforcement agencies, state law enforcement
   62  agencies, and state university law enforcement agencies. The
   63  statewide total for local law enforcement agencies shall combine
   64  the data for the county sheriffs and the municipal law
   65  enforcement agencies.
   66         Section 2. Subsections (2), (3), and (4) of section
   67  316.646, Florida Statutes, are amended to read:
   68         316.646 Security required; proof of security and display
   69  thereof.—
   70         (2) If, upon a comparison of the vehicle registration
   71  certificate or other evidence of registration or ownership with
   72  the operator’s driver license or other evidence of personal
   73  identity, it appears to a law enforcement officer or other
   74  person authorized to issue traffic citations that the operator
   75  is also the owner or registrant of the vehicle, Upon the demand
   76  of a the law enforcement officer or other person authorized to
   77  issue traffic citations, the operator shall display proper proof
   78  of maintenance of security as specified by subsection (1).
   79         (3)(a) Any operator who is the owner or registrant of the
   80  vehicle he or she is operating and person who violates this
   81  section commits a nonmoving traffic infraction subject to the
   82  penalty provided in chapter 318 and shall be required to furnish
   83  proof of security as provided in this section. If any operator
   84  who is the owner or registrant of the vehicle he or she is
   85  operating and who is person charged with a violation of this
   86  section fails to furnish proof at or before the scheduled court
   87  appearance date that security was in effect at the time of the
   88  violation, the court shall, upon conviction, notify the
   89  department to suspend the registration and driver license of
   90  such operator person. If the court fails to order the suspension
   91  of such operator’s the person’s registration and driver license
   92  for a conviction of this section at the time of sentencing, the
   93  department shall, upon receiving notice of the conviction from
   94  the court, suspend such operator’s the person’s registration and
   95  driver license for the violation of this section. Such license
   96  and registration may be reinstated only as provided in s.
   97  324.0221.
   98         (b) Any operator who is not the owner or registrant of the
   99  vehicle he or she is operating and who violates this section
  100  commits a nonmoving traffic infraction subject to the penalty
  101  provided in chapter 318.
  102         (4) Any operator person presenting proof of insurance as
  103  required in subsection (1) who knows that the insurance as
  104  represented by such proof of insurance is not currently in force
  105  is guilty of a misdemeanor of the first degree, punishable as
  106  provided in s. 775.082 or s. 775.083.
  107         Section 3. Paragraph (a) of subsection (8) of section
  108  322.051, Florida Statutes, is amended to read:
  109         322.051 Identification cards.—
  110         (8)(a) The department shall, upon receipt of the required
  111  fee, issue to each qualified applicant for an identification
  112  card a color photographic or digital image identification card
  113  bearing a fullface photograph or digital image of the
  114  identification cardholder. Notwithstanding chapter 761 or s.
  115  761.05, the requirement for a fullface photograph or digital
  116  image of the identification cardholder may not be waived. A
  117  space shall be provided upon which the identification cardholder
  118  shall affix his or her usual signature, as required in s.
  119  322.14, in the presence of an authorized agent of the department
  120  so as to ensure that such signature becomes a part of the
  121  identification card. Beginning November 1, 2023, each
  122  distinguishing number assigned to an original, renewal, or
  123  replacement identification card must have a minimum of four
  124  randomly generated digits.
  125         Section 4. Paragraph (a) of subsection (1) of section
  126  322.14, Florida Statutes, is amended to read:
  127         322.14 Licenses issued to drivers.—
  128         (1)(a) The department shall, upon successful completion of
  129  all required examinations and payment of the required fee, issue
  130  to every qualified applicant a printed driver license that must
  131  bear a color photograph or digital image of the licensee; the
  132  name of the state; a distinguishing number assigned to the
  133  licensee, which, beginning November 1, 2023, must have a minimum
  134  of four randomly generated digits on each original, renewal, or
  135  replacement driver license; and the licensee’s full name, date
  136  of birth, and residence address; a brief description of the
  137  licensee, including, but not limited to, the licensee’s gender
  138  and height; and the dates of issuance and expiration of the
  139  license. A space shall be provided upon which the licensee shall
  140  affix his or her usual signature. A license is invalid until it
  141  has been signed by the licensee except that the signature of the
  142  licensee is not required if it appears thereon in facsimile or
  143  if the licensee is not present within the state at the time of
  144  issuance.
  145         Section 5. Subsections (2) and (10) of section 319.141,
  146  Florida Statutes, are amended to read:
  147         319.141 Rebuilt motor vehicle inspection program.—
  148         (2) By October 1, 2022 2019, the department shall implement
  149  a program in Bay, Broward, Duval, Escambia, Hillsborough, Leon,
  150  Manatee, Marion, Miami-Dade, Orange, Palm Beach, and Volusia
  151  Counties County for rebuilt inspection services offered by
  152  private sector participants.
  153         (10) On or before July 1, 2021, the department shall submit
  154  a written report to the President of the Senate and the Speaker
  155  of the House of Representatives evaluating the effectiveness of
  156  the program and whether to expand the program to other counties.
  157         Section 6. Subsection (7) of section 319.32, Florida
  158  Statutes, is amended to read:
  159         319.32 Fees; service charges; disposition.—
  160         (7) Notwithstanding any other provision of this section,
  161  the department and tax collector may not charge any fee or
  162  service charge, except for the expedited title fee, if
  163  applicable:,
  164         (a) For a certificate of title issued for a motor vehicle
  165  solely to remove a deceased co-owner from a title registered in
  166  the names of two persons if the other co-owner is the surviving
  167  spouse; or
  168         (b)To issue a certificate of title solely to change the
  169  ownership of a motor vehicle from a deceased spouse’s name to
  170  the surviving spouse’s name.
  171         Section 7. Subsection (24) of section 320.01, Florida
  172  Statutes, is amended to read:
  173         320.01 Definitions, general.—As used in the Florida
  174  Statutes, except as otherwise provided, the term:
  175         (24) “Apportionable vehicle” means any vehicle, except
  176  recreational vehicles, vehicles displaying restricted plates,
  177  city pickup and delivery vehicles, buses used in transportation
  178  of chartered parties, and government-owned vehicles, which is
  179  used or intended for use in two or more member jurisdictions
  180  that allocate or proportionally register vehicles and which is
  181  used for the transportation of persons for hire or is designed,
  182  used, or maintained primarily for the transportation of property
  183  and:
  184         (a) Is a power unit having a gross vehicle weight in excess
  185  of 26,000 pounds;
  186         (b) Is a power unit having three or more axles, regardless
  187  of weight; or
  188         (c) Is used in combination, when the weight of such
  189  combination exceeds 26,000 pounds gross vehicle weight.
  190  
  191  Vehicles, or combinations thereof, having a gross vehicle weight
  192  of 26,000 pounds or less and two-axle vehicles may be
  193  proportionally registered.
  194         Section 8. Subsection (8) of section 320.03, Florida
  195  Statutes, is amended to read:
  196         320.03 Registration; duties of tax collectors;
  197  International Registration Plan.—
  198         (8) If the applicant’s name appears on the list referred to
  199  in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
  200  713.78(13), a license plate or revalidation sticker may not be
  201  issued until that person’s name no longer appears on the list or
  202  until the person presents a receipt from the governmental entity
  203  or the clerk of court that provided the data showing that the
  204  fines outstanding have been paid. This subsection does not apply
  205  to the owner of a leased vehicle if the vehicle is registered in
  206  the name of the lessee of the vehicle. The tax collector and the
  207  clerk of the court are each entitled to receive monthly, as
  208  costs for implementing and administering this subsection, 10
  209  percent of the civil penalties and fines recovered from such
  210  persons. As used in this subsection, the term “civil penalties
  211  and fines” does not include a wrecker operator’s lien as
  212  described in s. 713.78(13). If the tax collector has private tag
  213  agents, such tag agents are entitled to receive a pro rata share
  214  of the amount paid to the tax collector, based upon the
  215  percentage of license plates and revalidation stickers issued by
  216  the tag agent compared to the total issued within the county.
  217  The authority of any private agent to issue license plates shall
  218  be revoked, after notice and a hearing as provided in chapter
  219  120, if he or she issues any license plate or revalidation
  220  sticker contrary to the provisions of this subsection. This
  221  section applies both only to the annual renewal in the owner’s
  222  birth month of a motor vehicle registration and the replacement
  223  of the motor vehicle registration or license plate, but does not
  224  apply to the transfer of a registration of a motor vehicle sold
  225  by a motor vehicle dealer licensed under this chapter, except
  226  for the transfer of registrations which includes the annual
  227  renewals. This section does not affect the issuance of the title
  228  to a motor vehicle, notwithstanding s. 319.23(8)(b).
  229         Section 9. Paragraph (a) of subsection (16) of section
  230  320.77, Florida Statutes, is amended to read:
  231         320.77 License required of mobile home dealers.—
  232         (16) SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF
  233  CREDIT REQUIRED.—
  234         (a) Before any license shall be issued or renewed, the
  235  applicant or licensee shall deliver to the department a good and
  236  sufficient surety bond, cash bond, or irrevocable letter of
  237  credit, executed by the applicant or licensee as principal.
  238  Within 10 calendar days after any renewal or continuation of or
  239  material change in such surety bond, cash bond, or irrevocable
  240  letter of credit or issuance of a new surety bond, a licensee
  241  shall deliver to the department, in a manner prescribed by the
  242  department, a copy of the renewed, continued, changed, or new
  243  surety bond, cash bond, or irrevocable letter of credit. The
  244  bond or irrevocable letter of credit shall be in a form to be
  245  approved by the department and shall be conditioned upon the
  246  dealer’s complying with the conditions of any written contract
  247  made by the dealer in connection with the sale, exchange, or
  248  improvement of any mobile home and his or her not violating any
  249  of the provisions of chapter 319 or this chapter in the conduct
  250  of the business for which the dealer is licensed. The bond or
  251  irrevocable letter of credit shall be to the department and in
  252  favor of any retail customer who shall suffer any loss as a
  253  result of any violation of the conditions contained in this
  254  section. The bond or irrevocable letter of credit shall be for
  255  the license period, and a new bond or irrevocable letter of
  256  credit or a proper continuation certificate shall be delivered
  257  to the department at the beginning of each license period.
  258  However, the aggregate liability of the surety in any one
  259  license year shall in no event exceed the sum of such bond, or,
  260  in the case of a letter of credit, the aggregate liability of
  261  the issuing bank shall not exceed the sum of the credit. The
  262  amount of the bond required shall be as follows:
  263         1. A single dealer who buys, sells, or deals in mobile
  264  homes and who has four or fewer supplemental licenses shall
  265  provide a surety bond, cash bond, or irrevocable letter of
  266  credit executed by the dealer applicant or licensee in the
  267  amount of $25,000.
  268         2. A single dealer who buys, sells, or deals in mobile
  269  homes and who has more than four supplemental licenses shall
  270  provide a surety bond, cash bond, or irrevocable letter of
  271  credit executed by the dealer applicant or licensee in the
  272  amount of $50,000.
  273  
  274  For the purposes of this paragraph, any person who buys, sells,
  275  or deals in both mobile homes and recreational vehicles shall
  276  provide the same surety bond required of dealers who buy, sell,
  277  or deal in mobile homes only.
  278         Section 10. Paragraph (j) of subsection (3) and paragraph
  279  (a) of subsection (16) of section 320.771, Florida Statutes, are
  280  amended to read:
  281         320.771 License required of recreational vehicle dealers.—
  282         (3) APPLICATION.—The application for such license shall be
  283  in the form prescribed by the department and subject to such
  284  rules as may be prescribed by it. The application shall be
  285  verified by oath or affirmation and shall contain:
  286         (j) Evidence A statement that the applicant is insured
  287  under a garage liability insurance policy, which shall include,
  288  at a minimum, $25,000 combined single-limit liability coverage,
  289  including bodily injury and property damage protection, and
  290  $10,000 personal injury protection, if the applicant is to be
  291  licensed as a dealer in, or intends to sell, recreational
  292  vehicles. Such policy must be for the license period. Within 10
  293  calendar days after any renewal or continuation of or material
  294  change in such policy or issuance of a new policy, the licensee
  295  shall deliver to the department, in a manner prescribed by the
  296  department, a copy of such renewed, continued, changed, or new
  297  policy. However, a garage liability policy is not required for
  298  the licensure of a mobile home dealer who sells only park
  299  trailers.
  300  
  301  The department shall, if it deems necessary, cause an
  302  investigation to be made to ascertain if the facts set forth in
  303  the application are true and shall not issue a license to the
  304  applicant until it is satisfied that the facts set forth in the
  305  application are true.
  306         (16) BOND.—
  307         (a) Before any license shall be issued or renewed, the
  308  applicant shall deliver to the department a good and sufficient
  309  surety bond, executed by the applicant as principal and by a
  310  surety company qualified to do business in the state as surety.
  311  Within 10 calendar days after any renewal or continuation of or
  312  material change in such surety bond or issuance of a new surety
  313  bond, a licensee shall deliver to the department, in a manner
  314  prescribed by the department, a copy of such renewed, continued,
  315  changed, or new surety bond. The bond shall be in a form to be
  316  approved by the department and shall be conditioned upon the
  317  dealer’s complying with the conditions of any written contract
  318  made by that dealer in connection with the sale, exchange, or
  319  improvement of any recreational vehicle and his or her not
  320  violating any of the provisions of chapter 319 or this chapter
  321  in the conduct of the business for which he or she is licensed.
  322  The bond shall be to the department and in favor of any retail
  323  customer who shall suffer any loss as a result of any violation
  324  of the conditions hereinabove contained. The bond shall be for
  325  the license period, and a new bond or a proper continuation
  326  certificate shall be delivered to the department at the
  327  beginning of each license period. However, the aggregate
  328  liability of the surety in any one license year shall in no
  329  event exceed the sum of such bond. The amount of the bond
  330  required shall be as follows:
  331         1. A single dealer who buys, sells, or deals in
  332  recreational vehicles and has four or fewer supplemental
  333  licenses shall provide a surety bond in the amount of $10,000.
  334         2. A single dealer who buys, sells, or deals in
  335  recreational vehicles and who has more than four supplemental
  336  licenses shall provide a surety bond in the amount of $20,000.
  337  
  338  For the purposes of this paragraph, any person who buys, sells,
  339  or deals in both mobile homes and recreational vehicles shall
  340  provide the same surety bond required of dealers who buy, sell,
  341  or deal in mobile homes only.
  342         Section 11. Paragraphs (a) and (b) of subsection (5) of
  343  section 320.8225, Florida Statutes, are amended to read:
  344         320.8225 Mobile home and recreational vehicle manufacturer,
  345  distributor, and importer license.—
  346         (5) REQUIREMENT OF ASSURANCE.—
  347         (a) Annually, prior to the receipt of a license to
  348  manufacture mobile homes, the applicant or licensee shall submit
  349  a surety bond, cash bond, or letter of credit from a financial
  350  institution, or a proper continuation certificate, sufficient to
  351  assure satisfaction of claims against the licensee for failure
  352  to comply with appropriate code standards, failure to provide
  353  warranty service, or violation of any provisions of this
  354  section. The amount of the surety bond, cash bond, or letter of
  355  credit must be $50,000. Only one surety bond, cash bond, or
  356  letter of credit shall be required for each manufacturer,
  357  regardless of the number of factory locations. The surety bond,
  358  cash bond, or letter of credit must be to the department, in
  359  favor of any retail customer who suffers a loss arising out of
  360  noncompliance with code standards or failure to honor or provide
  361  warranty service. The department may disapprove any bond or
  362  letter of credit that does not provide assurance as provided in
  363  this section. Within 10 calendar days after any renewal or
  364  continuation of or material change in such surety bond, cash
  365  bond, or letter of credit or issuance of a new surety bond, cash
  366  bond, or letter of credit, a licensee shall deliver to the
  367  department, in a manner prescribed by the department, a copy of
  368  such renewed, continued, changed, or new surety bond, cash bond,
  369  or letter of credit.
  370         (b) Annually, prior to the receipt of a license to
  371  manufacture, distribute, or import recreational vehicles, the
  372  applicant or licensee shall submit a surety bond, or a proper
  373  continuation certificate, sufficient to assure satisfaction of
  374  claims against the licensee for failure to comply with
  375  appropriate code standards, failure to provide warranty service,
  376  or violation of any provisions of this section. The amount of
  377  the surety bond must be $10,000 per year. The surety bond must
  378  be to the department, in favor of any retail customer who
  379  suffers loss arising out of noncompliance with code standards or
  380  failure to honor or provide warranty service. The department may
  381  disapprove any bond that does not provide assurance as provided
  382  in this section. Within 10 calendar days after any renewal or
  383  continuation of or material change in such surety bond or
  384  issuance of a new surety bond, a licensee shall deliver to the
  385  department, in a manner prescribed by the department, a copy of
  386  such renewed, continued, changed, or new surety bond.
  387         Section 12. Subsection (4) of section 627.7415, Florida
  388  Statutes, is amended to read:
  389         627.7415 Commercial motor vehicles; additional liability
  390  insurance coverage.—Commercial motor vehicles, as defined in s.
  391  207.002 or s. 320.01, operated upon the roads and highways of
  392  this state shall be insured with the following minimum levels of
  393  combined bodily liability insurance and property damage
  394  liability insurance in addition to any other insurance
  395  requirements:
  396         (4) All commercial motor vehicles subject to regulations of
  397  the United States Department of Transportation, 49 C.F.R. part
  398  387, subparts subpart A and B, and as may be hereinafter
  399  amended, shall be insured in an amount equivalent to the minimum
  400  levels of financial responsibility as set forth in such
  401  regulations.
  402  
  403  A violation of this section is a noncriminal traffic infraction,
  404  punishable as a nonmoving violation as provided in chapter 318.
  405         Section 13. This act shall take effect July 1, 2022.