Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1252
       
       
       
       
       
       
                                Ì586110lÎ586110                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2023           .                                
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       The Committee on Transportation (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) of section
    6  207.004, Florida Statutes, is amended to read:
    7         207.004 Registration of motor carriers; identifying
    8  devices; fees; renewals; temporary fuel-use permits and
    9  driveaway permits.—
   10         (1)(a) A No motor carrier may not shall operate or cause to
   11  be operated in this state any commercial motor vehicle, other
   12  than a Florida-based commercial motor vehicle that travels
   13  Florida intrastate mileage only, that uses diesel fuel or motor
   14  fuel until such carrier has registered with the department or
   15  has registered under a cooperative reciprocal agreement as
   16  described in s. 207.0281, after such time as this state enters
   17  into such agreement, and has been issued an identifying device
   18  or such carrier has been issued a permit as authorized under
   19  subsections (4) and (5) for each vehicle operated. The fee for
   20  each such identifying device issued is There shall be a fee of
   21  $4 per year or any fraction thereof for each such identifying
   22  device issued. The identifying device must shall be provided by
   23  the department and must be conspicuously displayed on the
   24  commercial motor vehicle as prescribed by the department while
   25  it is being operated on the public highways of this state. The
   26  transfer of an identifying device from one vehicle to another
   27  vehicle or from one motor carrier to another motor carrier is
   28  prohibited. The department or its authorized agent shall issue
   29  licenses and fuel tax decals.
   30         Section 2. Effective July 1, 2025, section 316.066, Florida
   31  Statutes, is amended to read:
   32         316.066 Written reports of crashes; electronic submission.—
   33         (1)(a) All traffic law enforcement agencies must provide
   34  uniform crash reports by electronic means to the department.
   35  Such crash reports must be consistent with the state traffic
   36  crash manual rules and the procedures established by the
   37  department and must be appropriately numbered and inventoried. A
   38  Florida Traffic Crash Report, Long Form must be completed and
   39  electronically submitted to the department within 10 days after
   40  an investigation is completed by the law enforcement officer who
   41  in the regular course of duty investigates a motor vehicle crash
   42  that:
   43         1. Resulted in death of, personal injury to, or any
   44  indication of complaints of pain or discomfort by any of the
   45  parties or passengers involved in the crash;
   46         2. Involved a violation of s. 316.061(1) or s. 316.193;
   47         3. Rendered a vehicle inoperable to a degree that required
   48  a wrecker to remove it from the scene of the crash; or
   49         4. Involved a commercial motor vehicle.
   50         (b) The Florida Traffic Crash Report, Long Form must
   51  include:
   52         1. The date, time, and location of the crash.
   53         2. A description of the vehicles involved.
   54         3. The names and addresses of the parties involved,
   55  including all drivers and passengers, and the identification of
   56  the vehicle in which each was a driver or a passenger.
   57         4. The names and addresses of witnesses.
   58         5. The name, badge number, and law enforcement agency of
   59  the officer investigating the crash.
   60         6. The names of the insurance companies for the respective
   61  parties involved in the crash.
   62         (c) In any crash for which a Florida Traffic Crash Report,
   63  Long Form is not required by this section and which occurs on
   64  the public roadways of this state, the law enforcement officer
   65  shall complete a short-form crash report or provide a driver
   66  exchange-of-information form, to be completed by all drivers and
   67  passengers involved in the crash, which requires the
   68  identification of each vehicle that the drivers and passengers
   69  were in. The short-form report must include:
   70         1. The date, time, and location of the crash.
   71         2. A description of the vehicles involved.
   72         3. The names and addresses of the parties involved,
   73  including all drivers and passengers, and the identification of
   74  the vehicle in which each was a driver or a passenger.
   75         4. The names and addresses of witnesses.
   76         5. The name, badge number, and law enforcement agency of
   77  the officer investigating the crash.
   78         6. The names of the insurance companies for the respective
   79  parties involved in the crash.
   80         (d) Each party to the crash must provide the law
   81  enforcement officer with proof of insurance, which must be
   82  documented in the crash report. If a law enforcement officer
   83  submits a report on the crash, proof of insurance must be
   84  provided to the officer by each party involved in the crash. Any
   85  party who fails to provide the required information commits a
   86  noncriminal traffic infraction, punishable as a nonmoving
   87  violation as provided in chapter 318, unless the officer
   88  determines that due to injuries or other special circumstances
   89  such insurance information cannot be provided immediately. If
   90  the person provides the law enforcement agency, within 24 hours
   91  after the crash, proof of insurance that was valid at the time
   92  of the crash, the law enforcement agency may void the citation.
   93         (e) The driver of a vehicle that was in any manner involved
   94  in a crash resulting in damage to a vehicle or other property
   95  which does not require a law enforcement report shall, within 10
   96  days after the crash, submit a written report of the crash to
   97  the department. The report must shall be submitted on a form
   98  approved by the department.
   99         (f) Long-form and short-form crash reports prepared by law
  100  enforcement must be submitted to the department and may be
  101  maintained by the law enforcement officer’s agency.
  102         (2)(a) Crash reports that reveal the identity, home or
  103  employment telephone number or home or employment address of, or
  104  other personal information concerning the parties involved in
  105  the crash and that are held by any agency that regularly
  106  receives or prepares information from or concerning the parties
  107  to motor vehicle crashes are confidential and exempt from s.
  108  119.07(1) and s. 24(a), Art. I of the State Constitution for a
  109  period of 60 days after the date the report is filed.
  110         (b) Crash reports held by an agency under paragraph (a) may
  111  be made immediately available to the parties involved in the
  112  crash, their legal representatives, their licensed insurance
  113  agents, their insurers or insurers to which they have applied
  114  for coverage, persons under contract with such insurers to
  115  provide claims or underwriting information, prosecutorial
  116  authorities, law enforcement agencies, the Department of
  117  Transportation, county traffic operations, victim services
  118  programs, radio and television stations licensed by the Federal
  119  Communications Commission, newspapers qualified to publish legal
  120  notices under ss. 50.011 and 50.031, and, in accordance with
  121  paragraph (f), free newspapers of general circulation, published
  122  once a week or more often, of which at least 7,500 copies are
  123  distributed by mail or by carrier as verified by a postal
  124  statement or by a notarized printer’s statement of press run,
  125  which are intended to be generally distributed and circulated,
  126  and which contain news of general interest with at least 10
  127  pages per publication, available and of interest to the public
  128  generally for the dissemination of news. For the purposes of
  129  this section, the following products or publications are not
  130  newspapers as referred to in this section: those intended
  131  primarily for members of a particular profession or occupational
  132  group; those with the primary purpose of distributing
  133  advertising; and those with the primary purpose of publishing
  134  names and other personal identifying information concerning
  135  parties to motor vehicle crashes.
  136         (c) Any local, state, or federal agency that is authorized
  137  to have access to crash reports by any provision of law shall be
  138  granted such access in the furtherance of the agency’s statutory
  139  duties.
  140         (d) As a condition precedent to accessing a crash report
  141  within 60 days after the date the report is filed, a person must
  142  present a valid driver license or other photographic
  143  identification, proof of status, or identification that
  144  demonstrates his or her qualifications to access that
  145  information and file a written sworn statement with the state or
  146  local agency in possession of the information stating that
  147  information from a crash report made confidential and exempt by
  148  this section will not be used for any commercial solicitation of
  149  accident victims, or knowingly disclosed to any third party for
  150  the purpose of such solicitation, during the period of time that
  151  the information remains confidential and exempt. Such written
  152  sworn statement must be completed and sworn to by the requesting
  153  party for each individual crash report that is being requested
  154  within 60 days after the report is filed. In lieu of requiring
  155  the written sworn statement, an agency may provide crash reports
  156  by electronic means to third-party vendors under contract with
  157  one or more insurers, but only when such contract states that
  158  information from a crash report made confidential and exempt by
  159  this section will not be used for any commercial solicitation of
  160  accident victims by the vendors, or knowingly disclosed by the
  161  vendors to any third party for the purpose of such solicitation,
  162  during the period of time that the information remains
  163  confidential and exempt, and only when a copy of such contract
  164  is furnished to the agency as proof of the vendor’s claimed
  165  status.
  166         (e) This subsection does not prevent the dissemination or
  167  publication of news to the general public by any legitimate
  168  media entitled to access confidential and exempt information
  169  pursuant to this section.
  170         (3)(a) Any driver failing to file the written report
  171  required under subsection (1) commits a noncriminal traffic
  172  infraction, punishable as a nonmoving violation as provided in
  173  chapter 318.
  174         (b) Any employee of a state or local agency in possession
  175  of information made confidential and exempt by this section who
  176  knowingly discloses such confidential and exempt information to
  177  a person not entitled to access such information under this
  178  section commits a felony of the third degree, punishable as
  179  provided in s. 775.082, s. 775.083, or s. 775.084.
  180         (c) Any person, knowing that he or she is not entitled to
  181  obtain information made confidential and exempt by this section,
  182  who obtains or attempts to obtain such information commits a
  183  felony of the third degree, punishable as provided in s.
  184  775.082, s. 775.083, or s. 775.084.
  185         (d) Any person who knowingly uses confidential and exempt
  186  information in violation of a filed written sworn statement or
  187  contractual agreement required by this section commits a felony
  188  of the third degree, punishable as provided in s. 775.082, s.
  189  775.083, or s. 775.084.
  190         (4) Except as specified in this subsection, each crash
  191  report made by a person involved in a crash and any statement
  192  made by such person to a law enforcement officer for the purpose
  193  of completing a crash report required by this section must shall
  194  be without prejudice to the individual so reporting. Such report
  195  or statement may not be used as evidence in any trial, civil or
  196  criminal. However, subject to the applicable rules of evidence,
  197  a law enforcement officer at a criminal trial may testify as to
  198  any statement made to the officer by the person involved in the
  199  crash if that person’s privilege against self-incrimination is
  200  not violated. The results of breath, urine, and blood tests
  201  administered as provided in s. 316.1932 or s. 316.1933 are not
  202  confidential and are admissible into evidence in accordance with
  203  the provisions of s. 316.1934(2).
  204         (5) A law enforcement officer, as defined in s. 943.10(1),
  205  may enforce this section.
  206         Section 3. The Legislature finds that a proper and
  207  legitimate purpose is served when crash reports required under
  208  s. 316.066, Florida Statutes, are filed electronically with the
  209  Department of Highway Safety and Motor Vehicles by all entities
  210  required to submit crash reports. Electronic filing will
  211  expedite the availability of crash reports to the persons
  212  authorized to receive them, simplify the process of making crash
  213  reports available, and expedite the availability of information
  214  derived from crash reports to improve highway safety. The
  215  requirement of this act that all law enforcement agencies that
  216  prepare crash reports submit the completed crash reports
  217  electronically to the Department of Highway Safety and Motor
  218  Vehicles applies to all similarly situated persons, including
  219  school district law enforcement agencies, state university law
  220  enforcement agencies, and state law enforcement agencies.
  221  Therefore, the Legislature determines and declares that the
  222  amendments made by this act to s. 316.066, Florida Statutes,
  223  fulfill an important state interest.
  224         Section 4. Paragraph (b) of subsection (1) of section
  225  316.2935, Florida Statutes, is amended to read:
  226         316.2935 Air pollution control equipment; tampering
  227  prohibited; penalty.—
  228         (1)
  229         (b) At the time of sale, lease, or transfer of title of a
  230  motor vehicle, the seller, lessor, or transferor shall certify
  231  in writing to the purchaser, lessee, or transferee that the air
  232  pollution control equipment of the motor vehicle has not been
  233  tampered with by the seller, lessor, or transferor or their
  234  agents, employees, or other representatives. A licensed motor
  235  vehicle dealer shall also visually observe those air pollution
  236  control devices listed by department rule pursuant to subsection
  237  (7), and certify that they are in place, and appear properly
  238  connected and undamaged. Such certification may shall not be
  239  deemed or construed as a warranty that the pollution control
  240  devices of the subject vehicle are in functional condition, nor
  241  does the execution or delivery of this certification create by
  242  itself grounds for a cause of action between the parties to this
  243  transaction. This paragraph does not apply if the purchaser of
  244  the motor vehicle is a lessee purchasing the leased motor
  245  vehicle or if the licensed motor vehicle dealer is not in
  246  possession of the motor vehicle at the time of sale.
  247         Section 5. Paragraphs (a), (b), and (e) of subsection (1),
  248  paragraph (d) of subsection (2), and subsection (9) of section
  249  316.302, Florida Statutes, are amended to read:
  250         316.302 Commercial motor vehicles; safety regulations;
  251  transporters and shippers of hazardous materials; enforcement.—
  252         (1)(a) All owners and drivers of commercial motor vehicles
  253  that are operated on the public highways of this state while
  254  engaged in interstate commerce are subject to the rules and
  255  regulations contained in 49 C.F.R. parts 382, 383, 384, 385,
  256  386, and 390-397.
  257         (b) Except as otherwise provided in this section, all
  258  owners and drivers of commercial motor vehicles that are engaged
  259  in intrastate commerce are subject to the rules and regulations
  260  contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390
  261  397, as such rules and regulations existed on December 31, 2022
  262  2020.
  263         (e) A person who operates a commercial motor vehicle solely
  264  in intrastate commerce which does not transport hazardous
  265  materials in amounts that require placarding pursuant to 49
  266  C.F.R. part 172 need not comply with the requirements of
  267  electronic logging devices and hours of service supporting
  268  documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
  269  until December 31, 2019.
  270         (2)
  271         (d) A person who operates a commercial motor vehicle solely
  272  in intrastate commerce not transporting any hazardous material
  273  in amounts that require placarding pursuant to 49 C.F.R. part
  274  172 within a 150 air-mile radius of the location where the
  275  vehicle is based need not comply with 49 C.F.R. ss. 395.8 and
  276  395.11 s. 395.8 if the requirements of 49 C.F.R. s. 395.1(e)(1)
  277  (iii) and (iv) 49 C.F.R. s. 395.1(e)(1) (ii), (iii)(A) and (C),
  278  and (v) are met.
  279         (9) For the purpose of enforcing this section, any law
  280  enforcement officer of the Department of Highway Safety and
  281  Motor Vehicles or duly appointed agent who holds a current
  282  safety inspector certification from the Commercial Vehicle
  283  Safety Alliance may require the driver of any commercial vehicle
  284  operated on the highways of this state to stop and submit to an
  285  inspection of the vehicle or the driver’s records. If the
  286  vehicle or driver is found to be operating in an unsafe
  287  condition, or if any required part or equipment is not present
  288  or is not in proper repair or adjustment, and the continued
  289  operation would present an unduly hazardous operating condition,
  290  the officer or agent may require the vehicle or the driver to be
  291  removed from service pursuant to the North American Standard
  292  Out-of-Service Criteria, until corrected. However, if continuous
  293  operation would not present an unduly hazardous operating
  294  condition, the officer or agent may give written notice
  295  requiring correction of the condition within 15 days.
  296         (a) Any member of the Florida Highway Patrol or any law
  297  enforcement officer employed by a sheriff’s office or municipal
  298  police department authorized to enforce the traffic laws of this
  299  state pursuant to s. 316.640 who has reason to believe that a
  300  vehicle or driver is operating in an unsafe condition may, as
  301  provided in subsection (11), enforce the provisions of this
  302  section.
  303         (b) Any person who fails to comply with a an officer’s
  304  request to submit to an inspection under this subsection commits
  305  a violation of s. 843.02 if the person resists the officer
  306  without violence or a violation of s. 843.01 if the person
  307  resists the officer with violence.
  308         Section 6. Paragraphs (b) and (c) of subsection (1) of
  309  section 319.14, Florida Statutes, are amended to read:
  310         319.14 Sale of motor vehicles registered or used as
  311  taxicabs, police vehicles, lease vehicles, rebuilt vehicles,
  312  nonconforming vehicles, custom vehicles, or street rod vehicles;
  313  conversion of low-speed vehicles.—
  314         (1)
  315         (b) A person may not knowingly offer for sale, sell, or
  316  exchange a rebuilt vehicle until the department has stamped in a
  317  conspicuous place on the certificate of title for the vehicle
  318  words stating that the vehicle has been rebuilt or assembled
  319  from parts, or is a kit car, glider kit, replica, flood vehicle,
  320  custom vehicle, or street rod vehicle unless proper application
  321  for a certificate of title for a vehicle that is rebuilt or
  322  assembled from parts, or is a kit car, glider kit, replica,
  323  flood vehicle, custom vehicle, or street rod vehicle has been
  324  made to the department in accordance with this chapter and the
  325  department has conducted the physical examination of the vehicle
  326  to assure the identity of the vehicle and all major component
  327  parts, as defined in s. 319.30(1), which have been repaired or
  328  replaced. If a vehicle is identified as a flood vehicle, the
  329  words stamped on the certificate of title must identify the type
  330  of water that caused damage to the vehicle as “salt water,”
  331  “fresh water,” or “other or unknown water type,” as applicable.
  332  Thereafter, the department shall affix a decal to the vehicle,
  333  in the manner prescribed by the department, showing the vehicle
  334  to be rebuilt.
  335         (c) As used in this section, the term:
  336         9.1. “Police vehicle” means a motor vehicle owned or leased
  337  by the state or a county or municipality and used in law
  338  enforcement.
  339         13.2.a. “Short-term-lease vehicle” means a motor vehicle
  340  leased without a driver and under a written agreement to one or
  341  more persons from time to time for a period of less than 12
  342  months.
  343         7.b. “Long-term-lease vehicle” means a motor vehicle leased
  344  without a driver and under a written agreement to one person for
  345  a period of 12 months or longer.
  346         6.c. “Lease vehicle” includes both short-term-lease
  347  vehicles and long-term-lease vehicles.
  348         10.3. “Rebuilt vehicle” means a motor vehicle or mobile
  349  home built from salvage or junk, as defined in s. 319.30(1).
  350         1.4. “Assembled from parts” means a motor vehicle or mobile
  351  home assembled from parts or combined from parts of motor
  352  vehicles or mobile homes, new or used. The term “assembled from
  353  parts” does not include mean a motor vehicle defined as a
  354  “rebuilt vehicle” as defined in subparagraph 10. in subparagraph
  355  3., which has been declared a total loss pursuant to s. 319.30.
  356         5. “Kit car” means a motor vehicle assembled with a kit
  357  supplied by a manufacturer to rebuild a wrecked or outdated
  358  motor vehicle with a new body kit.
  359         4.6. “Glider kit” means a vehicle assembled with a kit
  360  supplied by a manufacturer to rebuild a wrecked or outdated
  361  truck or truck tractor.
  362         11.7. “Replica” means a complete new motor vehicle
  363  manufactured to look like an old vehicle.
  364         3.8. “Flood vehicle” means a motor vehicle or mobile home
  365  that has been declared to be a total loss pursuant to s.
  366  319.30(3)(a) resulting from damage caused by salt water, fresh
  367  water, or other or unknown type of water.
  368         8.9. “Nonconforming vehicle” means a motor vehicle that
  369  which has been purchased by a manufacturer pursuant to a
  370  settlement, determination, or decision under chapter 681.
  371         12.10. “Settlement” means an agreement entered into between
  372  a manufacturer and a consumer which that occurs after a dispute
  373  is submitted to a program, or to an informal dispute settlement
  374  procedure established by a manufacturer, or is approved for
  375  arbitration before the Florida New Motor Vehicle Arbitration
  376  Board as defined in s. 681.102.
  377         2.11. “Custom vehicle” means a motor vehicle that:
  378         a. Is 25 years of age or older and of a model year after
  379  1948 or was manufactured to resemble a vehicle that is 25 years
  380  of age or older and of a model year after 1948; and
  381         b. Has been altered from the manufacturer’s original design
  382  or has a body constructed from nonoriginal materials.
  383  
  384  The model year and year of manufacture that the body of a custom
  385  vehicle resembles is the model year and year of manufacture
  386  listed on the certificate of title, regardless of when the
  387  vehicle was actually manufactured.
  388         14.12. “Street rod” means a motor vehicle that:
  389         a. Is of a model year of 1948 or older or was manufactured
  390  after 1948 to resemble a vehicle of a model year of 1948 or
  391  older; and
  392         b. Has been altered from the manufacturer’s original design
  393  or has a body constructed from nonoriginal materials.
  394  
  395  The model year and year of manufacture that the body of a street
  396  rod resembles is the model year and year of manufacture listed
  397  on the certificate of title, regardless of when the vehicle was
  398  actually manufactured.
  399         Section 7. Subsection (3) of section 319.23, Florida
  400  Statutes, is amended to read:
  401         319.23 Application for, and issuance of, certificate of
  402  title.—
  403         (3) If a certificate of title has not previously been
  404  issued for a motor vehicle or mobile home in this state, the
  405  application must, unless otherwise provided for in this chapter,
  406  shall be accompanied by a proper bill of sale or sworn statement
  407  of ownership, or a duly certified copy thereof, or by a
  408  certificate of title, bill of sale, or other evidence of
  409  ownership required by the law of the state or country county
  410  from which the motor vehicle or mobile home was brought into
  411  this state. The application must shall also be accompanied by:
  412         (a)1. A sworn affidavit from the seller and purchaser
  413  verifying that the vehicle identification number shown on the
  414  affidavit is identical to the vehicle identification number
  415  shown on the motor vehicle; or
  416         2. An appropriate departmental form evidencing that a
  417  physical examination has been made of the motor vehicle by the
  418  owner and by a duly constituted law enforcement officer in any
  419  state, a licensed motor vehicle dealer, a license inspector as
  420  provided by s. 320.58, or a notary public commissioned by this
  421  state and that the vehicle identification number shown on such
  422  form is identical to the vehicle identification number shown on
  423  the motor vehicle; and
  424         (b) If the vehicle is a used car original, a sworn
  425  affidavit from the owner verifying that the odometer reading
  426  shown on the affidavit is identical to the odometer reading
  427  shown on the motor vehicle in accordance with the requirements
  428  of 49 C.F.R. s. 580.5 at the time that application for title is
  429  made. For the purposes of this section, the term “used car
  430  original” means a used vehicle coming into and being titled in
  431  this state for the first time.
  432         (c) If the vehicle is an ancient or antique vehicle, as
  433  defined in s. 320.086, the application must shall be accompanied
  434  by a certificate of title; a bill of sale and a registration; or
  435  a bill of sale and an affidavit by the owner defending the title
  436  from all claims. The bill of sale must contain a complete
  437  vehicle description to include the vehicle identification or
  438  engine number, year make, color, selling price, and signatures
  439  of the seller and purchaser.
  440  
  441  Verification of the vehicle identification number is not
  442  required for any new motor vehicle; any mobile home; any trailer
  443  or semitrailer with a net weight of less than 2,000 pounds; or
  444  any travel trailer, camping trailer, truck camper, or fifth
  445  wheel recreation trailer.
  446         Section 8. Present paragraphs (c) and (d) of subsection (1)
  447  of section 319.28, Florida Statutes, are redesignated as
  448  paragraphs (d) and (e), respectively, and a new paragraph (c) is
  449  added to that subsection, to read:
  450         319.28 Transfer of ownership by operation of law.—
  451         (1)
  452         (c)If the previous owner died testate and the application
  453  for a certificate of title is made by, and accompanied by an
  454  affidavit attested by, a Florida-licensed attorney in good
  455  standing with The Florida Bar who represents the previous
  456  owner’s estate, such affidavit, for purposes of paragraph (a),
  457  constitutes satisfactory proof of ownership and right of
  458  possession to the motor vehicle or mobile home, so long as the
  459  affidavit sets forth the rightful heir or heirs and the attorney
  460  attests in the affidavit that such heir or heirs are lawfully
  461  entitled to the rights of ownership and possession of the motor
  462  vehicle or mobile home. The application for certificate of title
  463  filed under this paragraph is not required to be accompanied by
  464  a copy of the will or other testamentary instrument.
  465         Section 9. Subsection (3) of section 319.29, Florida
  466  Statutes, is amended to read:
  467         319.29 Lost or destroyed certificates.—
  468         (3) If, following the issuance of an original, duplicate,
  469  or corrected certificate of title by the department, the
  470  certificate is lost in transit and is not delivered to the
  471  addressee, the owner of the motor vehicle or mobile home, or the
  472  holder of a lien thereon, may, within 180 days after of the date
  473  of issuance of the title, apply to the department for reissuance
  474  of the certificate of title. An No additional fee may not shall
  475  be charged by the department or a tax collector, as agent for
  476  the department, for reissuance under this subsection.
  477         Section 10. Paragraphs (g) and (j) of subsection (1),
  478  paragraph (b) of subsection (3), and subsection (9) of section
  479  319.30, Florida Statutes, are amended, and paragraph (y) is
  480  added to subsection (1) of that section, to read:
  481         319.30 Definitions; dismantling, destruction, change of
  482  identity of motor vehicle or mobile home; salvage.—
  483         (1) As used in this section, the term:
  484         (g) “Independent entity” means a business or entity that
  485  may temporarily store damaged or dismantled motor vehicles or
  486  vessels pursuant to an agreement with an insurance company and
  487  is engaged in the sale or resale of damaged or dismantled motor
  488  vehicles or vessels. The term does not include a wrecker
  489  operator, a towing company, or a repair facility.
  490         (j) “Major component parts” means:
  491         1. For motor vehicles other than motorcycles and electric,
  492  hybrid, or plug-in hybrid motor vehicles, any fender, hood,
  493  bumper, cowl assembly, rear quarter panel, trunk lid, door,
  494  decklid, floor pan, engine, frame, transmission, catalytic
  495  converter, or airbag.
  496         2. For trucks, other than electric, hybrid, or plug-in
  497  hybrid motor vehicles, in addition to those parts listed in
  498  subparagraph 1., any truck bed, including dump, wrecker, crane,
  499  mixer, cargo box, or any bed which mounts to a truck frame.
  500         3. For motorcycles, the body assembly, frame, fenders, gas
  501  tanks, engine, cylinder block, heads, engine case, crank case,
  502  transmission, drive train, front fork assembly, and wheels.
  503         4. For mobile homes, the frame.
  504         5.For electric, hybrid, or plug-in hybrid motor vehicles,
  505  any fender, hood, bumper, cowl assembly, rear quarter panel,
  506  trunk lid, door, decklid, floor pan, engine, electric traction
  507  motor, frame, transmission or electronic transmission, charge
  508  port, DC power converter, onboard charger, power electronics
  509  controller, thermal system, traction battery pack, catalytic
  510  converter, or airbag.
  511         (y)“Vessel” has the same meaning as provided in s.
  512  713.78(1)(b).
  513         (3)
  514         (b) The owner, including persons who are self-insured, of a
  515  motor vehicle or mobile home that is considered to be salvage
  516  shall, within 72 hours after the motor vehicle or mobile home
  517  becomes salvage, forward the title to the motor vehicle or
  518  mobile home to the department for processing. However, an
  519  insurance company that pays money as compensation for the total
  520  loss of a motor vehicle or mobile home shall obtain the
  521  certificate of title for the motor vehicle or mobile home, make
  522  the required notification to the National Motor Vehicle Title
  523  Information System, and, within 72 hours after receiving such
  524  certificate of title, forward such title by the United States
  525  Postal Service, by another commercial delivery service, or by
  526  electronic means, when such means are made available by the
  527  department, to the department for processing. The owner or
  528  insurance company, as applicable, may not dispose of a vehicle
  529  or mobile home that is a total loss before it obtains a salvage
  530  certificate of title or certificate of destruction from the
  531  department. Effective January 1, 2020:
  532         1. Thirty days after payment of a claim for compensation
  533  pursuant to this paragraph, the insurance company may receive a
  534  salvage certificate of title or certificate of destruction from
  535  the department if the insurance company is unable to obtain a
  536  properly assigned paper or electronic certificate of title from
  537  the owner or lienholder of the motor vehicle or mobile home, if
  538  the motor vehicle or mobile home does not carry an electronic
  539  lien on the title and the insurance company:
  540         a. Has obtained the release of all liens on the motor
  541  vehicle or mobile home or has fully paid the amounts due to the
  542  owner and the lienholder;
  543         b. Has attested on a form provided by the department that
  544  payment of the total loss claim has been distributed or, if a
  545  release of all liens has not been obtained, that amounts due to
  546  the owner and the lienholder have been paid in full; and
  547         c. Has attested on a form provided by the department and
  548  signed by the insurance company or its authorized agent stating
  549  the attempts that have been made to obtain the title from the
  550  owner or the lienholder and further stating that all attempts
  551  are to no avail. The form must include a request that the
  552  salvage certificate of title or certificate of destruction be
  553  issued in the insurance company’s name due to payment of a total
  554  loss claim to the owner or lienholder. The attempts to contact
  555  the owner or the lienholder may be by written request delivered
  556  in person or by first-class mail with a certificate of mailing
  557  to the owner’s or lienholder’s last known address.
  558         2. If the owner or the lienholder is notified of the
  559  request for title in person, the insurance company must provide
  560  an affidavit attesting to the in-person request for a
  561  certificate of title.
  562         3. The request to the owner or the lienholder for the
  563  certificate of title must include a complete description of the
  564  motor vehicle or mobile home and the statement that a total loss
  565  claim has been paid on the motor vehicle or mobile home.
  566  
  567  The department is not liable to, and may not be held liable by,
  568  an owner, a lienholder, or any other person as a result of the
  569  issuance of a salvage certificate of title or a certificate of
  570  destruction pursuant to this paragraph.
  571         (9)(a) An insurance company may notify an independent
  572  entity that obtains possession of a damaged or dismantled motor
  573  vehicle or vessel to release the vehicle or vessel to the owner.
  574  The insurance company shall provide the independent entity a
  575  release statement on a form prescribed by the department
  576  authorizing the independent entity to release the vehicle or
  577  vessel to the owner or lienholder. The form must, at a minimum,
  578  contain the following:
  579         1. The policy and claim number.
  580         2. The name and address of the insured.
  581         3. The vehicle identification number or vessel hull
  582  identification number.
  583         4. The signature of an authorized representative of the
  584  insurance company.
  585         (b) The independent entity in possession of a motor vehicle
  586  or vessel must send a notice to the owner that the vehicle or
  587  vessel is available for pickup when it receives a release
  588  statement from the insurance company. The notice must shall be
  589  sent by certified mail or by another commercially available
  590  delivery service that provides proof of delivery to the owner at
  591  the owner’s address contained in the department’s records. The
  592  notice must state that the owner has 30 days after delivery of
  593  the notice to the owner at the owner’s address to pick up the
  594  vehicle or vessel from the independent entity. If the motor
  595  vehicle or vessel is not claimed within 30 days after the
  596  delivery or attempted delivery of the notice, the independent
  597  entity may apply for a certificate of destruction, a salvage
  598  certificate of title, or a certificate of title. For a hull
  599  damaged vessel, the independent entity shall comply with s.
  600  328.045, as applicable.
  601         (c) If the department’s records do not contain the owner’s
  602  address, the independent entity must do all of the following:
  603         1. Send a notice that meets the requirements of paragraph
  604  (b) to the owner’s address that is provided by the insurance
  605  company in the release statement.
  606         2. For a vehicle, identify the latest titling jurisdiction
  607  of the vehicle through use of the National Motor Vehicle Title
  608  Information System or an equivalent commercially available
  609  system and attempt to obtain the owner’s address from that
  610  jurisdiction. If the jurisdiction returns an address that is
  611  different from the owner’s address provided by the insurance
  612  company, the independent entity must send a notice that meets
  613  the requirements of paragraph (b) to both addresses.
  614         (d) The independent entity shall maintain for at least a
  615  minimum of 3 years the records related to the 30-day notice sent
  616  to the owner. For vehicles, the independent entity shall also
  617  maintain for at least 3 years the results of searches of the
  618  National Motor Vehicle Title Information System or an equivalent
  619  commercially available system, and the notification to the
  620  National Motor Vehicle Title Information System made pursuant to
  621  paragraph (e).
  622         (e) The independent entity shall make the required
  623  notification to the National Motor Vehicle Title Information
  624  System before releasing any damaged or dismantled motor vehicle
  625  to the owner or before applying for a certificate of destruction
  626  or salvage certificate of title. The independent entity is not
  627  required to notify the National Motor Vehicle Title Information
  628  System before releasing any damaged or dismantled vessel to the
  629  owner or before applying for a certificate of title.
  630         (f) Upon applying for a certificate of destruction, or
  631  salvage certificate of title, or certificate of title, the
  632  independent entity shall provide a copy of the release statement
  633  from the insurance company to the independent entity, proof of
  634  providing the 30-day notice to the owner, proof of notification
  635  to the National Motor Vehicle Title Information System if
  636  required, proof of all lien satisfactions or proof of a release
  637  of all liens on the motor vehicle or vessel, and applicable
  638  fees. If the independent entity is unable to obtain a lien
  639  satisfaction or a release of all liens on the motor vehicle or
  640  vessel, the independent entity must provide an affidavit stating
  641  that notice was sent to all lienholders that the motor vehicle
  642  or vessel is available for pickup, 30 days have passed since the
  643  notice was delivered or attempted to be delivered pursuant to
  644  this section, attempts have been made to obtain a release from
  645  all lienholders, and all such attempts have been to no avail.
  646  The notice to lienholders and attempts to obtain a release from
  647  lienholders may be by written request delivered in person or by
  648  certified mail or another commercially available delivery
  649  service that provides proof of delivery to the lienholder at the
  650  lienholder’s address as provided on the certificate of title and
  651  to the address designated with the Department of State pursuant
  652  to s. 655.0201(2) if such address is different.
  653         (g) The independent entity may not charge an owner of the
  654  vehicle or vessel storage fees or apply for a title under s.
  655  713.585 or s. 713.78.
  656         Section 11. Paragraph (b) of subsection (1) and paragraph
  657  (a) of subsection (3) of section 320.06, Florida Statutes, are
  658  amended to read:
  659         320.06 Registration certificates, license plates, and
  660  validation stickers generally.—
  661         (1)
  662         (b)1. Registration license plates bearing a graphic symbol
  663  and the alphanumeric system of identification shall be issued
  664  for a 10-year period. At the end of the 10-year period, upon
  665  renewal, the plate must shall be replaced. The department shall
  666  extend the scheduled license plate replacement date from a 6
  667  year period to a 10-year period. The fee for such replacement is
  668  $28, $2.80 of which must shall be paid each year before the
  669  plate is replaced, to be credited toward the next $28
  670  replacement fee. The fees must shall be deposited into the
  671  Highway Safety Operating Trust Fund. A credit or refund may not
  672  be given for any prior years’ payments of the prorated
  673  replacement fee if the plate is replaced or surrendered before
  674  the end of the 10-year period, except that a credit may be given
  675  if a registrant is required by the department to replace a
  676  license plate under s. 320.08056(8)(a). With each license plate,
  677  a validation sticker must shall be issued showing the owner’s
  678  birth month, license plate number, and the year of expiration or
  679  the appropriate renewal period if the owner is not a natural
  680  person. The validation sticker must shall be placed on the upper
  681  right corner of the license plate. The license plate and
  682  validation sticker must shall be issued based on the applicant’s
  683  appropriate renewal period. The registration period is 12
  684  months, the extended registration period is 24 months, and all
  685  expirations occur based on the applicant’s appropriate
  686  registration period. Rental vehicles taxed pursuant to s.
  687  320.08(6)(a) and rental trucks taxed pursuant to s.
  688  320.08(3)(a), (b), and (c) and (4)(a)-(d) may elect a permanent
  689  registration period, provided payment of the appropriate license
  690  taxes and fees occurs annually.
  691         2. A vehicle that has an apportioned registration must
  692  shall be issued an annual license plate and a cab card that
  693  denote the declared gross vehicle weight for each apportioned
  694  jurisdiction in which the vehicle is authorized to operate. This
  695  subparagraph expires June 30, 2024.
  696         3. Beginning July 1, 2024, a vehicle registered in
  697  accordance with the International Registration Plan must be
  698  issued a license plate for a 3-year period. At the end of the 3
  699  year period, upon renewal, the license plate must be replaced.
  700  Each license plate must include a validation sticker showing the
  701  month of expiration. A cab card denoting the declared gross
  702  vehicle weight for each apportioned jurisdiction must be issued
  703  annually. The fee for an original or a renewal cab card is $28,
  704  which must be deposited into the Highway Safety Operating Trust
  705  Fund. If the license plate is damaged or worn, it may be
  706  replaced at no charge by applying to the department and
  707  surrendering the current license plate.
  708         4. In order to retain the efficient administration of the
  709  taxes and fees imposed by this chapter, the 80-cent fee increase
  710  in the replacement fee imposed by chapter 2009-71, Laws of
  711  Florida, is negated as provided in s. 320.0804.
  712         (3)(a) Registration license plates must be made of metal
  713  specially treated with a retroreflection material, as specified
  714  by the department. The registration license plate is designed to
  715  increase nighttime visibility and legibility and must be at
  716  least 6 inches wide and not less than 12 inches in length,
  717  unless a plate with reduced dimensions is deemed necessary by
  718  the department to accommodate motorcycles, mopeds, or similar
  719  smaller vehicles, or trailers. Validation stickers must also be
  720  treated with a retroreflection material, must be of such size as
  721  specified by the department, and must adhere to the license
  722  plate. The registration license plate must be imprinted with a
  723  combination of bold letters and numerals or numerals, not to
  724  exceed seven digits, to identify the registration license plate
  725  number. The license plate must be imprinted with the word
  726  “Florida” at the top and the name of the county in which it is
  727  sold, the state motto, or the words “Sunshine State” at the
  728  bottom. Apportioned license plates must have the word
  729  “Apportioned” at the bottom, and license plates issued for
  730  vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
  731  (c), or (14) must have the word “Restricted” at the bottom.
  732  License plates issued for vehicles taxed under s. 320.08(12)
  733  must be imprinted with the word “Florida” at the top and the
  734  word “Dealer” at the bottom unless the license plate is a
  735  specialty license plate as authorized in s. 320.08056.
  736  Manufacturer license plates issued for vehicles taxed under s.
  737  320.08(12) must be imprinted with the word “Florida” at the top
  738  and the word “Manufacturer” at the bottom. License plates issued
  739  for vehicles taxed under s. 320.08(5)(d) or (e) must be
  740  imprinted with the word “Wrecker” at the bottom. Any county may,
  741  upon majority vote of the county commission, elect to have the
  742  county name removed from the license plates sold in that county.
  743  The state motto or the words “Sunshine State” must shall be
  744  printed in lieu thereof. A license plate issued for a vehicle
  745  taxed under s. 320.08(6) may not be assigned a registration
  746  license number, or be issued with any other distinctive
  747  character or designation, that distinguishes the motor vehicle
  748  as a for-hire motor vehicle.
  749         Section 12. Subsection (1) of section 320.084, Florida
  750  Statutes, is amended, and subsection (6) is added to that
  751  section, to read:
  752         320.084 Free motor vehicle license plate to certain
  753  disabled veterans.—
  754         (1) One free “DV” motor vehicle license number plate must
  755  shall be issued by the department for use on any motor vehicle
  756  owned or leased by any disabled veteran who has been a resident
  757  of this state continuously for the preceding 5 years or has
  758  established a domicile in this state as provided by s.
  759  222.17(1), (2), or (3), and who has been honorably discharged
  760  from the United States Armed Forces, upon application,
  761  accompanied by proof that:
  762         (a) A vehicle was initially acquired through financial
  763  assistance by the United States Department of Veterans Affairs
  764  or its predecessor specifically for the purchase of an
  765  automobile;
  766         (b) The applicant has been determined by the United States
  767  Department of Veterans Affairs or its predecessor to have a
  768  service-connected 100-percent disability rating for
  769  compensation; or
  770         (c) The applicant has been determined to have a service
  771  connected disability rating of 100 percent and is in receipt of
  772  disability retirement pay from any branch of the United States
  773  Armed Services.
  774         (6)(a)A disabled veteran who qualifies for issuance of a
  775  “DV” license under subsection (1) may be issued, in lieu of the
  776  “DV” license plate, a military license plate for which he or she
  777  is eligible or a specialty license plate. A disabled veteran
  778  electing a military license plate or specialty license plate
  779  under this paragraph must pay all applicable fees related to
  780  such license plate, except for fees otherwise waived under
  781  subsections (1) and (4).
  782         (b)A military license plate or specialty license plate
  783  elected under this subsection:
  784         1.Does not provide the protections or rights afforded by
  785  s. 316.1955, s. 316.1964, s. 320.0848, s. 526.141, or s.
  786  553.5041.
  787         2.Is not eligible for the international symbol of
  788  accessibility as described in s. 320.0842.
  789         Section 13. Present subsections (16) through (48) of
  790  section 322.01, Florida Statutes, are redesignated as
  791  subsections (17) through (49), respectively, a new subsection
  792  (16) is added to that section, and subsection (5) and present
  793  subsections (37) and (41) of that section are amended, to read:
  794         322.01 Definitions.—As used in this chapter:
  795         (5) “Cancellation” means the act of declaring a driver
  796  license void and terminated, but does not include a downgrade.
  797         (16) “Downgrade” has the same meaning as the definition of
  798  the term “CDL downgrade” in 49 C.F.R. s. 383.5(4).
  799         (38)(37) “Revocation” means the termination of a licensee’s
  800  privilege to drive, but does not include a downgrade.
  801         (42)(41) “Suspension” means the temporary withdrawal of a
  802  licensee’s privilege to drive a motor vehicle, but does not
  803  include a downgrade.
  804         Section 14. Subsection (2) of section 322.02, Florida
  805  Statutes, is amended to read:
  806         322.02 Legislative intent; administration.—
  807         (2) The Department of Highway Safety and Motor Vehicles is
  808  charged with the administration and function of enforcement of
  809  the provisions of this chapter and the enforcement and
  810  administration of 49 C.F.R. parts 382-386 and 390-397.
  811         Section 15. Present subsections (4) through (12) of section
  812  322.05, Florida Statutes, are redesignated as subsections (5)
  813  through (13), respectively, and a new subsection (4) is added to
  814  that section, to read:
  815         322.05 Persons not to be licensed.—The department may not
  816  issue a license:
  817         (4) To any person, as a commercial motor vehicle operator,
  818  who is ineligible to operate a commercial motor vehicle pursuant
  819  to 49 C.F.R. part 383.
  820         Section 16. Subsection (3) of section 322.07, Florida
  821  Statutes, is amended to read:
  822         322.07 Instruction permits and temporary licenses.—
  823         (3) Any person who, except for his or her lack of
  824  instruction in operating a commercial motor vehicle, would
  825  otherwise be qualified to obtain a commercial driver license
  826  under this chapter, may apply for a temporary commercial
  827  instruction permit. The department shall issue such a permit
  828  entitling the applicant, while having the permit in his or her
  829  immediate possession, to drive a commercial motor vehicle on the
  830  highways, if:
  831         (a) The applicant possesses a valid Florida driver license;
  832  and
  833         (b) The applicant, while operating a commercial motor
  834  vehicle, is accompanied by a licensed driver who is 21 years of
  835  age or older, who is licensed to operate the class of vehicle
  836  being operated, and who is occupying the closest seat to the
  837  right of the driver; and
  838         (c) The department has not been notified that, under 49
  839  C.F.R. s. 382.501(a), the applicant is prohibited from operating
  840  a commercial motor vehicle.
  841         Section 17. Effective January 1, 2024, subsection (3) of
  842  section 322.141, Florida Statutes, is amended to read:
  843         322.141 Color or markings of certain licenses or
  844  identification cards.—
  845         (3) All licenses for the operation of motor vehicles or
  846  identification cards originally issued or reissued by the
  847  department to persons who are designated as sexual predators
  848  under s. 775.21 or subject to registration as sexual offenders
  849  under s. 943.0435 or s. 944.607, or who have a similar
  850  designation or are subject to a similar registration under the
  851  laws of another jurisdiction, must shall have on the front of
  852  the license or identification card, in a distinctive format and
  853  printed in the color red, all of the following information:
  854         (a) For a person designated as a sexual predator under s.
  855  775.21 or who has a similar designation under the laws of
  856  another jurisdiction, the marking “SEXUAL PREDATOR.”
  857         (b) For a person subject to registration as a sexual
  858  offender under s. 943.0435 or s. 944.607, or subject to a
  859  similar registration under the laws of another jurisdiction, the
  860  marking “943.0435, F.S.”
  861         Section 18. Subsection (4) of section 322.142, Florida
  862  Statutes, is amended to read:
  863         322.142 Color photographic or digital imaged licenses.—
  864         (4) The department may maintain a film negative or print
  865  file. The department shall maintain a record of the digital
  866  image and signature of the licensees, together with other data
  867  required by the department for identification and retrieval.
  868  Reproductions from the file or digital record are exempt from
  869  the provisions of s. 119.07(1) and may be made and issued only
  870  in any of the following manners:
  871         (a) For departmental administrative purposes.;
  872         (b) For the issuance of duplicate licenses.;
  873         (c) In response to law enforcement agency requests.;
  874         (d) To the Department of Business and Professional
  875  Regulation and the Department of Health pursuant to an
  876  interagency agreement for the purpose of accessing digital
  877  images for reproduction of licenses issued by the Department of
  878  Business and Professional Regulation or the Department of
  879  Health.;
  880         (e) To the Department of State pursuant to an interagency
  881  agreement to facilitate determinations of eligibility of voter
  882  registration applicants and registered voters in accordance with
  883  ss. 98.045 and 98.075.;
  884         (f) To the Department of Revenue pursuant to an interagency
  885  agreement for use in establishing paternity and establishing,
  886  modifying, or enforcing support obligations in Title IV-D
  887  cases.;
  888         (g) To the Department of Children and Families pursuant to
  889  an interagency agreement to conduct protective investigations
  890  under part III of chapter 39 and chapter 415.;
  891         (h) To the Department of Children and Families pursuant to
  892  an interagency agreement specifying the number of employees in
  893  each of that department’s regions to be granted access to the
  894  records for use as verification of identity to expedite the
  895  determination of eligibility for public assistance and for use
  896  in public assistance fraud investigations.;
  897         (i) To the Agency for Health Care Administration pursuant
  898  to an interagency agreement for the purpose of authorized
  899  agencies verifying photographs in the Care Provider Background
  900  Screening Clearinghouse authorized under s. 435.12.;
  901         (j) To the Department of Financial Services pursuant to an
  902  interagency agreement to facilitate the location of owners of
  903  unclaimed property, the validation of unclaimed property claims,
  904  the identification of fraudulent or false claims, and the
  905  investigation of allegations of violations of the insurance code
  906  by licensees and unlicensed persons.;
  907         (k) To the Department of Economic Opportunity pursuant to
  908  an interagency agreement to facilitate the validation of
  909  reemployment assistance claims and the identification of
  910  fraudulent or false reemployment assistance claims.;
  911         (l) To district medical examiners pursuant to an
  912  interagency agreement for the purpose of identifying a deceased
  913  individual, determining cause of death, and notifying next of
  914  kin of any investigations, including autopsies and other
  915  laboratory examinations, authorized in s. 406.11.;
  916         (m) To the following persons for the purpose of identifying
  917  a person as part of the official work of a court:
  918         1. A justice or judge of this state;
  919         2. An employee of the state courts system who works in a
  920  position that is designated in writing for access by the Chief
  921  Justice of the Supreme Court or a chief judge of a district or
  922  circuit court, or by his or her designee; or
  923         3. A government employee who performs functions on behalf
  924  of the state courts system in a position that is designated in
  925  writing for access by the Chief Justice or a chief judge, or by
  926  his or her designee.; or
  927         (n) To the Agency for Health Care Administration pursuant
  928  to an interagency agreement to prevent health care fraud. If the
  929  Agency for Health Care Administration enters into an agreement
  930  with a private entity to carry out duties relating to health
  931  care fraud prevention, such contracts must shall include, but
  932  need not be limited to:
  933         1. Provisions requiring internal controls and audit
  934  processes to identify access, use, and unauthorized access of
  935  information.
  936         2. A requirement to report unauthorized access or use to
  937  the Agency for Health Care Administration within 1 business day
  938  after the discovery of the unauthorized access or use.
  939         3. Provisions for liquidated damages for unauthorized
  940  access or use of no less than $5,000 per occurrence.
  941         (o) To any criminal justice agency, as defined in s.
  942  943.045, pursuant to an interagency agreement for use in
  943  carrying out the criminal justice agency’s functions.
  944         (p) To the driver licensing agency of any other state for
  945  purposes of validating the identity of an applicant for a driver
  946  license or identification card.
  947         Section 19. Subsection (8) and paragraph (a) of subsection
  948  (9) of section 322.21, Florida Statutes, are amended to read:
  949         322.21 License fees; procedure for handling and collecting
  950  fees.—
  951         (8) A person who applies for reinstatement following the
  952  suspension or revocation of the person’s driver license must pay
  953  a service fee of $45 following a suspension, and $75 following a
  954  revocation, which is in addition to the fee for a license. A
  955  person who applies for reinstatement of a commercial driver
  956  license following the disqualification or downgrade of the
  957  person’s privilege to operate a commercial motor vehicle shall
  958  pay a service fee of $75, which is in addition to the fee for a
  959  license. The department shall collect all of these fees at the
  960  time of reinstatement. The department shall issue proper
  961  receipts for such fees and shall promptly transmit all funds
  962  received by it as follows:
  963         (a) Of the $45 fee received from a licensee for
  964  reinstatement following a suspension:
  965         1. If the reinstatement is processed by the department, the
  966  department must shall deposit $15 in the General Revenue Fund
  967  and $30 in the Highway Safety Operating Trust Fund.
  968         2. If the reinstatement is processed by the tax collector,
  969  $15, less the general revenue service charge set forth in s.
  970  215.20(1), must shall be retained by the tax collector, $15 must
  971  shall be deposited into the Highway Safety Operating Trust Fund,
  972  and $15 must shall be deposited into the General Revenue Fund.
  973         (b) Of the $75 fee received from a licensee for
  974  reinstatement following a revocation, or disqualification, or
  975  downgrade:
  976         1. If the reinstatement is processed by the department, the
  977  department must shall deposit $35 in the General Revenue Fund
  978  and $40 in the Highway Safety Operating Trust Fund.
  979         2. If the reinstatement is processed by the tax collector,
  980  $20, less the general revenue service charge set forth in s.
  981  215.20(1), must shall be retained by the tax collector, $20 must
  982  shall be deposited into the Highway Safety Operating Trust Fund,
  983  and $35 must shall be deposited into the General Revenue Fund.
  984  
  985  If the revocation or suspension of the driver license was for a
  986  violation of s. 316.193, or for refusal to submit to a lawful
  987  breath, blood, or urine test, an additional fee of $130 must be
  988  charged. However, only one $130 fee may be collected from one
  989  person convicted of violations arising out of the same incident.
  990  The department shall collect the $130 fee and deposit the fee
  991  into the Highway Safety Operating Trust Fund at the time of
  992  reinstatement of the person’s driver license, but the fee may
  993  not be collected if the suspension or revocation is overturned.
  994  If the revocation or suspension of the driver license was for a
  995  conviction for a violation of s. 817.234(8) or (9) or s.
  996  817.505, an additional fee of $180 is imposed for each offense.
  997  The department shall collect and deposit the additional fee into
  998  the Highway Safety Operating Trust Fund at the time of
  999  reinstatement of the person’s driver license.
 1000         (9) An applicant:
 1001         (a) Requesting a review authorized in s. 322.222, s.
 1002  322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must
 1003  pay a filing fee of $25 to be deposited into the Highway Safety
 1004  Operating Trust Fund.
 1005         Section 20. Section 322.591, Florida Statutes, is created
 1006  to read:
 1007         322.591 Commercial driver license and commercial
 1008  instruction permit; Commercial Driver’s License Drug and Alcohol
 1009  Clearinghouse; prohibition on issuance of commercial driver
 1010  licenses; downgrades.—
 1011         (1) Beginning November 18, 2024, when a person applies for
 1012  or seeks to renew, transfer, or make any other change to a
 1013  commercial driver license or commercial instruction permit, the
 1014  department must obtain the driver’s record from the Commercial
 1015  Driver’s License Drug and Alcohol Clearinghouse established
 1016  pursuant to 49 C.F.R. part 382. The department may not issue,
 1017  renew, transfer, or revise the types of authorized vehicles that
 1018  may be operated or the endorsements applicable to a commercial
 1019  driver license or commercial instruction permit for any person
 1020  for whom the department receives notification pursuant to 49
 1021  C.F.R. s. 382.501(a) that the person is prohibited from
 1022  operating a commercial vehicle.
 1023         (2) Beginning November 18, 2024, the department shall
 1024  downgrade the commercial driver license or commercial
 1025  instruction permit of any driver if the department receives
 1026  notification that, pursuant to 49 C.F.R. s. 382.501(a), the
 1027  driver is prohibited from operating a commercial motor vehicle.
 1028  Any such downgrade must be completed and recorded by the
 1029  department in the Commercial Driver’s License Information System
 1030  within 60 days after the department’s receipt of such
 1031  notification.
 1032         (3)(a) Beginning November 18, 2024, upon receipt of
 1033  notification pursuant to 49 C.F.R. s. 382.501(a) that a driver
 1034  is prohibited from operating a commercial motor vehicle, the
 1035  department shall immediately notify the driver who is the
 1036  subject of such notification that he or she is prohibited from
 1037  operating a commercial motor vehicle and, upon his or her
 1038  request, must afford him or her an opportunity for an informal
 1039  hearing pursuant to this section. The department’s notice must
 1040  be provided to the driver in the same manner as, and providing
 1041  such notice has the same effect as, notices provided pursuant to
 1042  s. 322.251(1) and (2).
 1043         (b) Such informal hearing must be requested not later than
 1044  20 days after the driver receives the notice of the downgrade.
 1045  If a request for a hearing, together with the filing fee
 1046  required pursuant to s. 322.21, is not received within 20 days
 1047  after receipt of such notice, the department must enter a final
 1048  order directing the downgrade of the driver’s commercial driver
 1049  license or commercial instruction permit, unless the department
 1050  receives notification pursuant to 49 C.F.R. s. 382.503(a) that
 1051  the driver is no longer prohibited from operating a commercial
 1052  motor vehicle.
 1053         (c) A hearing requested pursuant to paragraph (b) must be
 1054  scheduled and held not later than 30 days after receipt by the
 1055  department of a request for the hearing, together with the
 1056  filing fee required pursuant to s. 322.21. The submission of a
 1057  request for hearing pursuant to this subsection tolls the
 1058  deadline to file a petition for writ of certiorari pursuant to
 1059  s. 322.31 until after the department enters a final order after
 1060  a hearing pursuant to this subsection.
 1061         (d) The informal hearing authorized pursuant to this
 1062  subsection is exempt from chapter 120. Such hearing must be
 1063  conducted before a hearing officer designated by the department.
 1064  The hearing officer may conduct such hearing from any location
 1065  in this state by means of communications technology.
 1066         (e) The notification received by the department pursuant to
 1067  49 C.F.R. s. 382.501(a) must be in the record for consideration
 1068  by the hearing officer and in any proceeding pursuant to s.
 1069  322.31 and is considered self-authenticating. The basis for the
 1070  notification received by the department pursuant to 49 C.F.R. s.
 1071  382.501(a) and the information in the Commercial Driver’s
 1072  License Drug and Alcohol Clearinghouse which resulted in such
 1073  notification are not subject to challenge in the hearing or in
 1074  any proceeding brought under s. 322.31.
 1075         (f) If, before the entry of a final order arising from a
 1076  notification received by the department pursuant to 49 C.F.R. s.
 1077  382.501(a), the department receives notification pursuant to 49
 1078  C.F.R. s. 382.503(a) that the driver is no longer prohibited
 1079  from operating a commercial motor vehicle, the department must
 1080  dismiss the action to downgrade the driver’s commercial driver
 1081  license or commercial instruction permit.
 1082         (g) Upon the entry of a final order that results in the
 1083  downgrade of a driver’s commercial driver license or commercial
 1084  instruction permit, the department shall record immediately in
 1085  the driver’s record that the driver is disqualified from
 1086  operating or driving a commercial motor vehicle. The downgrade
 1087  of a commercial driver license or commercial instruction permit
 1088  pursuant to a final order entered pursuant to this section, and,
 1089  upon the entry of a final order, the recording in the driver’s
 1090  record that the driver subject to such a final order is
 1091  disqualified from operating or driving a commercial motor
 1092  vehicle, are not stayed during the pendency of any proceeding
 1093  pursuant to s. 322.31.
 1094         (h) If, after the entry of a final order that results in
 1095  the downgrade of a driver’s commercial driver license or
 1096  commercial instruction permit and the department recording in
 1097  the driver’s record that the driver is disqualified from
 1098  operating or driving a commercial motor vehicle, the department
 1099  receives notification pursuant to 49 C.F.R. s. 382.503(a) that
 1100  the driver is no longer prohibited from operating a commercial
 1101  motor vehicle, the department must reinstate the driver’s
 1102  commercial driver license or commercial instruction permit upon
 1103  application by such driver.
 1104         (i) The department is not liable for any commercial driver
 1105  license or commercial instruction permit downgrade resulting
 1106  from the discharge of its duties.
 1107         (j) This section is the exclusive procedure for the
 1108  downgrade of a commercial driver license or commercial
 1109  instruction permit following notification received by the
 1110  department that, pursuant to 49 C.F.R. s. 382.501(a), a driver
 1111  is prohibited from operating a commercial motor vehicle.
 1112         (k) The downgrade of a commercial driver license or
 1113  commercial instruction permit of a person pursuant to this
 1114  section does not preclude the suspension of the driving
 1115  privilege for that person pursuant to s. 322.2615 or the
 1116  disqualification of that person from operating a commercial
 1117  motor vehicle pursuant to s. 322.64. The driving privilege of a
 1118  person whose commercial driver license or commercial instruction
 1119  permit has been downgraded pursuant to this section also may be
 1120  suspended for a violation of s. 316.193.
 1121         (4) Beginning November 18, 2024, a driver for whom the
 1122  department receives notification that, pursuant to 49 C.F.R. s.
 1123  382.501(a), such person is prohibited from operating a
 1124  commercial motor vehicle may, if otherwise qualified, be issued
 1125  a Class E driver license pursuant to s. 322.251(4), valid for
 1126  the length of his or her unexpired license period, at no cost.
 1127         Section 21. Subsection (2) of section 322.34, Florida
 1128  Statutes, is amended to read:
 1129         322.34 Driving while license suspended, revoked, canceled,
 1130  or disqualified.—
 1131         (2) Any person whose driver license or driving privilege
 1132  has been canceled, suspended, or revoked as provided by law, or
 1133  who does not have a driver license or driving privilege but is
 1134  under suspension or revocation equivalent status as defined in
 1135  s. 322.01 s. 322.01(42), except persons defined in s. 322.264,
 1136  who, knowing of such cancellation, suspension, revocation, or
 1137  suspension or revocation equivalent status, drives any motor
 1138  vehicle upon the highways of this state while such license or
 1139  privilege is canceled, suspended, or revoked, or while under
 1140  suspension or revocation equivalent status, commits:
 1141         (a) A misdemeanor of the second degree, punishable as
 1142  provided in s. 775.082 or s. 775.083.
 1143         (b)1. A misdemeanor of the first degree, punishable as
 1144  provided in s. 775.082 or s. 775.083, upon a second or
 1145  subsequent conviction, except as provided in paragraph (c).
 1146         2. A person convicted of a third or subsequent conviction,
 1147  except as provided in paragraph (c), must serve a minimum of 10
 1148  days in jail.
 1149         (c) A felony of the third degree, punishable as provided in
 1150  s. 775.082, s. 775.083, or s. 775.084, upon a third or
 1151  subsequent conviction if the current violation of this section
 1152  or the most recent prior violation of the section is related to
 1153  driving while license canceled, suspended, revoked, or
 1154  suspension or revocation equivalent status resulting from a
 1155  violation of:
 1156         1. Driving under the influence;
 1157         2. Refusal to submit to a urine, breath-alcohol, or blood
 1158  alcohol test;
 1159         3. A traffic offense causing death or serious bodily
 1160  injury; or
 1161         4. Fleeing or eluding.
 1162  
 1163  The element of knowledge is satisfied if the person has been
 1164  previously cited as provided in subsection (1); or the person
 1165  admits to knowledge of the cancellation, suspension, or
 1166  revocation, or suspension or revocation equivalent status; or
 1167  the person received notice as provided in subsection (4). There
 1168  is shall be a rebuttable presumption that the knowledge
 1169  requirement is satisfied if a judgment or order as provided in
 1170  subsection (4) appears in the department’s records for any case
 1171  except for one involving a suspension by the department for
 1172  failure to pay a traffic fine or for a financial responsibility
 1173  violation.
 1174         Section 22. Subsection (4) of section 322.61, Florida
 1175  Statutes, is amended to read:
 1176         322.61 Disqualification from operating a commercial motor
 1177  vehicle.—
 1178         (4) Any person who is transporting hazardous materials as
 1179  defined in s. 322.01 s. 322.01(24) shall, upon conviction of an
 1180  offense specified in subsection (3), is be disqualified from
 1181  operating a commercial motor vehicle for a period of 3 years.
 1182  The penalty provided in this subsection is shall be in addition
 1183  to any other applicable penalty.
 1184         Section 23. Subsection (3) of section 324.0221, Florida
 1185  Statutes, is amended to read:
 1186         324.0221 Reports by insurers to the department; suspension
 1187  of driver license and vehicle registrations; reinstatement.—
 1188         (3) An operator or owner whose driver license or
 1189  registration has been suspended under this section or s. 316.646
 1190  may effect its reinstatement upon compliance with the
 1191  requirements of this section and upon payment to the department
 1192  of a nonrefundable reinstatement fee of $150 for the first
 1193  reinstatement. The reinstatement fee is $250 for the second
 1194  reinstatement and $500 for each subsequent reinstatement during
 1195  the 3 years following the first reinstatement. A person
 1196  reinstating her or his insurance under this subsection must also
 1197  secure noncancelable coverage as described in ss. 324.021(8),
 1198  324.023, and 627.7275(2) and present to the appropriate person
 1199  proof that the coverage is in force on a form adopted by the
 1200  department, and such proof must shall be maintained for 2 years.
 1201  If the person does not have a second reinstatement within 3
 1202  years after her or his initial reinstatement, the reinstatement
 1203  fee is $150 for the first reinstatement after that 3-year
 1204  period. If a person’s license and registration are suspended
 1205  under this section or s. 316.646, only one reinstatement fee
 1206  must be paid to reinstate the license and the registration. All
 1207  fees must shall be collected by the department at the time of
 1208  reinstatement. The department shall issue proper receipts for
 1209  such fees and shall promptly deposit those fees in the Highway
 1210  Safety Operating Trust Fund. One-third of the fees collected
 1211  under this subsection must shall be distributed from the Highway
 1212  Safety Operating Trust Fund to the local governmental entity or
 1213  state agency that employed the law enforcement officer seizing
 1214  the license plate pursuant to s. 324.201. The funds may be used
 1215  by the local governmental entity or state agency for any
 1216  authorized purpose.
 1217         Section 24. Section 324.131, Florida Statutes, is amended
 1218  to read:
 1219         324.131 Period of suspension.—Such license, registration
 1220  and nonresident’s operating privilege must shall remain so
 1221  suspended and may shall not be renewed, nor may shall any such
 1222  license or registration be thereafter issued in the name of such
 1223  person, including any such person not previously licensed,
 1224  unless and until every such judgment is stayed, satisfied in
 1225  full or to the extent of the limits stated in s. 324.021(7) and
 1226  until the said person gives proof of financial responsibility as
 1227  provided in s. 324.031, such proof to be maintained for 3 years.
 1228  In addition, if the person’s license or registration has been
 1229  suspended or revoked due to a violation of s. 316.193 or
 1230  pursuant to s. 322.26(2), that person must shall maintain
 1231  noncancelable liability coverage for each motor vehicle
 1232  registered in his or her name, as described in s. 627.7275(2),
 1233  and must present proof that coverage is in force on a form
 1234  adopted by the Department of Highway Safety and Motor Vehicles,
 1235  such proof to be maintained for 3 years.
 1236         Section 25. Paragraph (g) of subsection (3) of section
 1237  627.311, Florida Statutes, is amended to read:
 1238         627.311 Joint underwriters and joint reinsurers; public
 1239  records and public meetings exemptions.—
 1240         (3) The office may, after consultation with insurers
 1241  licensed to write automobile insurance in this state, approve a
 1242  joint underwriting plan for purposes of equitable apportionment
 1243  or sharing among insurers of automobile liability insurance and
 1244  other motor vehicle insurance, as an alternate to the plan
 1245  required in s. 627.351(1). All insurers authorized to write
 1246  automobile insurance in this state shall subscribe to the plan
 1247  and participate therein. The plan is shall be subject to
 1248  continuous review by the office which may at any time disapprove
 1249  the entire plan or any part thereof if it determines that
 1250  conditions have changed since prior approval and that in view of
 1251  the purposes of the plan changes are warranted. Any disapproval
 1252  by the office is shall be subject to the provisions of chapter
 1253  120. The Florida Automobile Joint Underwriting Association is
 1254  created under the plan. The plan and the association:
 1255         (g) Must make available noncancelable coverage as provided
 1256  in s. 627.7275(2).
 1257         Section 26. Subsection (1) of section 627.351, Florida
 1258  Statutes, is amended to read:
 1259         627.351 Insurance risk apportionment plans.—
 1260         (1) MOTOR VEHICLE INSURANCE RISK APPORTIONMENT.—Agreements
 1261  may be made among casualty and surety insurers with respect to
 1262  the equitable apportionment among them of insurance that which
 1263  may be afforded applicants who are in good faith entitled to,
 1264  but are unable to, procure such insurance through ordinary
 1265  methods, and such insurers may agree among themselves on the use
 1266  of reasonable rate modifications for such insurance. Such
 1267  agreements and rate modifications are shall be subject to the
 1268  approval of the office. The office shall, after consultation
 1269  with the insurers licensed to write automobile liability
 1270  insurance in this state, adopt a reasonable plan or plans for
 1271  the equitable apportionment among such insurers of applicants
 1272  for such insurance who are in good faith entitled to, but are
 1273  unable to, procure such insurance through ordinary methods, and,
 1274  when such plan has been adopted, all such insurers shall
 1275  subscribe to and participate in the plan thereto and shall
 1276  participate therein. Such plan or plans shall include rules for
 1277  classification of risks and rates therefor. The plan or plans
 1278  shall make available noncancelable coverage as provided in s.
 1279  627.7275(2). Any insured placed with the plan must shall be
 1280  notified of the fact that insurance coverage is being afforded
 1281  through the plan and not through the private market, and such
 1282  notification must shall be given in writing within 10 days of
 1283  such placement. To assure that plan rates are made adequate to
 1284  pay claims and expenses, insurers shall develop a means of
 1285  obtaining loss and expense experience at least annually, and the
 1286  plan shall file such experience, when available, with the office
 1287  in sufficient detail to make a determination of rate adequacy.
 1288  Prior to the filing of such experience with the office, the plan
 1289  shall poll each member insurer as to the need for an actuary who
 1290  is a member of the Casualty Actuarial Society and who is not
 1291  affiliated with the plan’s statistical agent to certify the
 1292  plan’s rate adequacy. If a majority of those insurers responding
 1293  indicate a need for such certification, the plan must shall
 1294  include the certification as part of its experience filing. Such
 1295  experience shall be filed with the office not more than 9 months
 1296  following the end of the annual statistical period under review,
 1297  together with a rate filing based on such said experience. The
 1298  office shall initiate proceedings to disapprove the rate and so
 1299  notify the plan or shall finalize its review within 60 days
 1300  after of receipt of the filing. Notification to the plan by the
 1301  office of its preliminary findings, which include a point of
 1302  entry to the plan pursuant to chapter 120, tolls shall toll the
 1303  60-day period during any such proceedings and subsequent
 1304  judicial review. The rate is shall be deemed approved if the
 1305  office does not issue notice to the plan of its preliminary
 1306  findings within 60 days after of the filing. In addition to
 1307  provisions for claims and expenses, the ratemaking formula must
 1308  shall include a factor for projected claims trending and 5
 1309  percent for contingencies. The formula may not In no instance
 1310  shall the formula include a renewal discount for plan insureds.
 1311  However, the plan shall reunderwrite each insured on an annual
 1312  basis, based upon all applicable rating factors approved by the
 1313  office. Trend factors may shall not be found to be inappropriate
 1314  if they are not in excess of trend factors normally used in the
 1315  development of residual market rates by the appropriate licensed
 1316  rating organization. Each application for coverage in the plan
 1317  must shall include, in boldfaced 12-point type immediately
 1318  preceding the applicant’s signature, the following statement:
 1319  
 1320         THIS INSURANCE IS BEING AFFORDED THROUGH THE FLORIDA
 1321         JOINT UNDERWRITING ASSOCIATION AND NOT THROUGH THE
 1322         PRIVATE MARKET. PLEASE BE ADVISED THAT COVERAGE WITH A
 1323         PRIVATE INSURER MAY BE AVAILABLE FROM ANOTHER AGENT AT
 1324         A LOWER COST. AGENT AND COMPANY LISTINGS ARE AVAILABLE
 1325         IN THE LOCAL YELLOW PAGES.
 1326  
 1327  The plan shall annually report to the office the number and
 1328  percentage of plan insureds who are not surcharged due to their
 1329  driving record.
 1330         Section 27. Paragraph (b) of subsection (2) of section
 1331  627.7275, Florida Statutes, is amended to read:
 1332         627.7275 Motor vehicle liability.—
 1333         (2)
 1334         (b) The policies described in paragraph (a) must shall be
 1335  issued for at least 6 months and, as to the minimum coverages
 1336  required under this section, may not be canceled by the insured
 1337  for any reason or by the insurer after 60 days, during which
 1338  period the insurer is completing the underwriting of the policy.
 1339  After the insurer has issued completed underwriting the policy,
 1340  the insurer shall notify the Department of Highway Safety and
 1341  Motor Vehicles that the policy is in full force and effect and
 1342  is not cancelable for the remainder of the policy period. A
 1343  premium shall be collected and the coverage is in effect for the
 1344  60-day period during which the insurer is completing the
 1345  underwriting of the policy whether or not the person’s driver
 1346  license, motor vehicle tag, and motor vehicle registration are
 1347  in effect. Once the noncancelable provisions of the policy
 1348  becomes become effective, the coverages for bodily injury,
 1349  property damage, and personal injury protection may not be
 1350  reduced during the policy period below the minimum limits
 1351  required under s. 324.021 or s. 324.023 during the policy
 1352  period.
 1353         Section 28. Except as otherwise expressly provided in this
 1354  act, this act shall take effect July 1, 2023.
 1355  
 1356  ================= T I T L E  A M E N D M E N T ================
 1357  And the title is amended as follows:
 1358         Delete everything before the enacting clause
 1359  and insert:
 1360                        A bill to be entitled                      
 1361         An act relating to the Department of Highway Safety
 1362         and Motor Vehicles; amending s. 207.004, F.S.;
 1363         requiring the department or its authorized agent to
 1364         issue certain licenses and fuel tax decals; amending
 1365         s. 316.066, F.S.; requiring traffic law enforcement
 1366         agencies to provide uniform crash reports to the
 1367         department by electronic means; requiring that such
 1368         crash reports be consistent with certain rules and
 1369         procedures and to be numbered and inventoried;
 1370         providing a declaration of important state interest;
 1371         amending s. 316.2935, F.S.; providing an exception to
 1372         requirements for certification of air pollution
 1373         control equipment by a motor vehicle seller, lessor,
 1374         or transferor; amending s. 316.302, F.S.; revising the
 1375         list of federal rules and regulations to which owners
 1376         and drivers of certain commercial motor vehicles are
 1377         subject; amending s. 319.14, F.S.; requiring that a
 1378         certificate of title for a flood vehicle specify the
 1379         type of water that caused damage to the vehicle, as
 1380         applicable; revising the definition of the term “flood
 1381         vehicle”; making technical changes; amending s.
 1382         319.23, F.S.; making technical changes; amending s.
 1383         319.28, F.S.; providing that a certain affidavit
 1384         constitutes proof of ownership and right of possession
 1385         to a motor vehicle or mobile home the previous owner
 1386         of which died testate; amending s. 319.29, F.S.;
 1387         prohibiting the department or a tax collector from
 1388         charging a fee for reissuance of certain certificates
 1389         of title; amending s. 319.30, F.S.; revising the
 1390         definition of the terms “independent entity” and
 1391         “major component parts”; defining the term “vessel”;
 1392         revising provisions relating to obtaining a salvage
 1393         certificate of title or certificate of destruction;
 1394         exempting the department from liability to certain
 1395         persons as a result of the issuance of such
 1396         certificate; extending current requirements for an
 1397         independent entity’s release of a damaged or
 1398         dismantled vehicle to vessels; authorizing the
 1399         independent entity to apply for certain certificates
 1400         for an unclaimed vessel; providing requirements for
 1401         such application; specifying provisions to which the
 1402         independent entity is subject; prohibiting the
 1403         independent entity from charging vessel storage fees;
 1404         amending s. 320.06, F.S.; authorizing permanent
 1405         registration of certain rental trucks; authorizing the
 1406         department to deem a license plate with reduced
 1407         dimensions to be necessary to accommodate trailers;
 1408         making technical changes; amending s. 320.084, F.S.;
 1409         providing that certain disabled veterans may, upon
 1410         request, be issued a military license plate or
 1411         specialty license plate in lieu of a “DV” license
 1412         plate; specifying applicable fees; specifying
 1413         nonapplicability of certain provisions; amending s.
 1414         322.01, F.S.; revising definitions; defining the term
 1415         “downgrade”; amending s. 322.02, F.S.; charging the
 1416         department with enforcement and administration of
 1417         certain federal provisions; amending s. 322.05, F.S.;
 1418         prohibiting the department from issuing a commercial
 1419         motor vehicle operator license to certain persons;
 1420         amending s. 322.07, F.S.; revising requirements for
 1421         issuance of a temporary commercial instruction permit;
 1422         amending s. 322.141, F.S.; requiring that certain
 1423         information on the driver license or identification
 1424         card of a sexual offender or sexual predator be
 1425         printed in red; amending s. 322.142, F.S.; authorizing
 1426         the department to issue reproductions of certain files
 1427         and records to certain criminal justice or driver
 1428         licensing agencies for certain purposes; amending s.
 1429         322.21, F.S.; authorizing reinstatement of a
 1430         commercial driver license after a downgrade of the
 1431         person’s privilege to operate a commercial motor
 1432         vehicle under certain circumstances; making technical
 1433         changes; creating s. 322.591, F.S.; requiring the
 1434         department to obtain a driver’s record from the
 1435         Commercial Driver’s License Drug and Alcohol
 1436         Clearinghouse under certain circumstances; prohibiting
 1437         the department from issuing, renewing, transferring,
 1438         or revising the types of authorized vehicles or the
 1439         endorsements of certain commercial driver licenses or
 1440         commercial instruction permits if the department
 1441         receives a certain notification; requiring the
 1442         department to downgrade a commercial driver license or
 1443         commercial instruction permit within a specified
 1444         timeframe if the department receives a certain
 1445         notification; requiring the department to notify
 1446         certain drivers of their prohibition from operating a
 1447         commercial motor vehicle and, upon request, afford
 1448         them an opportunity for an informal hearing; providing
 1449         requirements for such notice and hearing; requiring
 1450         the department to enter a final order to downgrade a
 1451         commercial driver license or commercial instruction
 1452         permit under certain circumstances; specifying that a
 1453         request for a hearing tolls certain deadlines;
 1454         specifying that certain notifications received by the
 1455         department must be in the record for consideration and
 1456         are self-authenticating; specifying that the basis for
 1457         the notification and the information in the Commercial
 1458         Driver’s License Drug and Alcohol Clearinghouse are
 1459         not subject to challenge; requiring the department to
 1460         dismiss the downgrade of a commercial driver license
 1461         or instruction permit under certain circumstances;
 1462         requiring the department to record in the driver’s
 1463         record that he or she is disqualified from operating a
 1464         commercial motor vehicle under certain circumstances;
 1465         specifying that certain actions are not stayed during
 1466         the pendency of certain proceedings; requiring the
 1467         department to reinstate a commercial driver license or
 1468         commercial instruction permit under certain
 1469         circumstances; exempting the department from liability
 1470         for certain commercial driver license or commercial
 1471         instruction permit downgrades; designating the
 1472         exclusive procedure for the downgrade of certain
 1473         commercial driver licenses or commercial instruction
 1474         permits; providing construction and applicability;
 1475         authorizing the department to issue at no cost a
 1476         specified driver license to certain persons prohibited
 1477         from operating a commercial motor vehicle; amending
 1478         ss. 322.34 and 322.61, F.S.; conforming cross
 1479         references; making technical changes; amending ss.
 1480         324.0221, 324.131, 627.311, and 627.351, F.S.;
 1481         conforming provisions to changes made by the act;
 1482         making technical changes; amending s. 627.7275, F.S.;
 1483         deleting provisions relating to noncancelable motor
 1484         vehicle insurance; making technical changes; providing
 1485         effective dates.