Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 1252
Ì696464EÎ696464
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/21/2023 .
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The Committee on Fiscal Policy (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, as amended by section 1 of chapter 2022-198, Laws of
32 Florida, is amended to read:
33 316.066 Written reports of crashes; electronic submission.—
34 (1)(a) All entities required to submit crash reports must
35 provide uniform crash reports by electronic means to the
36 department using a nonproprietary, interchangeable electronic
37 form and reporting method. For purposes of this paragraph, the
38 term “nonproprietary” means commonly used and commercially
39 available report formats and reporting methods. Such crash
40 reports must be consistent with state traffic crash manual rules
41 and with procedures established by the department and must be
42 appropriately numbered and inventoried. A Florida Traffic Crash
43 Report, Long Form must be completed and electronically submitted
44 to the department within 10 days after an investigation is
45 completed by the law enforcement officer who in the regular
46 course of duty investigates a motor vehicle crash that:
47 1. Resulted in death of, personal injury to, or any
48 indication of complaints of pain or discomfort by any of the
49 parties or passengers involved in the crash;
50 2. Involved a violation of s. 316.061(1) or s. 316.193;
51 3. Rendered a vehicle inoperable to a degree that required
52 a wrecker to remove it from the scene of the crash; or
53 4. Involved a commercial motor vehicle.
54 (b) The Florida Traffic Crash Report, Long Form must
55 include:
56 1. The date, time, and location of the crash.
57 2. A description of the vehicles involved.
58 3. The names and addresses of the parties involved,
59 including all drivers and passengers, and the identification of
60 the vehicle in which each was a driver or a passenger.
61 4. The names and addresses of witnesses.
62 5. The name, badge number, and law enforcement agency of
63 the officer investigating the crash.
64 6. The names of the insurance companies for the respective
65 parties involved in the crash.
66 (c) In any crash for which a Florida Traffic Crash Report,
67 Long Form is not required by this section and which occurs on
68 the public roadways of this state, the law enforcement officer
69 shall complete a short-form crash report or provide a driver
70 exchange-of-information form, to be completed by all drivers and
71 passengers involved in the crash, which requires the
72 identification of each vehicle that the drivers and passengers
73 were in. The short-form report must include:
74 1. The date, time, and location of the crash.
75 2. A description of the vehicles involved.
76 3. The names and addresses of the parties involved,
77 including all drivers and passengers, and the identification of
78 the vehicle in which each was a driver or a passenger.
79 4. The names and addresses of witnesses.
80 5. The name, badge number, and law enforcement agency of
81 the officer investigating the crash.
82 6. The names of the insurance companies for the respective
83 parties involved in the crash.
84 (d) Each party to the crash must provide the law
85 enforcement officer with proof of insurance, which must be
86 documented in the crash report. If a law enforcement officer
87 submits a report on the crash, proof of insurance must be
88 provided to the officer by each party involved in the crash. Any
89 party who fails to provide the required information commits a
90 noncriminal traffic infraction, punishable as a nonmoving
91 violation as provided in chapter 318, unless the officer
92 determines that due to injuries or other special circumstances
93 such insurance information cannot be provided immediately. If
94 the person provides the law enforcement agency, within 24 hours
95 after the crash, proof of insurance that was valid at the time
96 of the crash, the law enforcement agency may void the citation.
97 (e) The driver of a vehicle that was in any manner involved
98 in a crash resulting in damage to a vehicle or other property
99 which does not require a law enforcement report shall, within 10
100 days after the crash, submit a written report of the crash to
101 the department. The report must shall be submitted on a form
102 approved by the department.
103 (f) Long-form and short-form crash reports prepared by law
104 enforcement must be submitted to the department and may be
105 maintained by the law enforcement officer’s agency.
106 (2)(a) Crash reports that reveal the identity, home or
107 employment telephone number or home or employment address of, or
108 other personal information concerning the parties involved in
109 the crash and that are held by an agency, as defined in s.
110 119.011, are confidential and exempt from s. 119.07(1) and s.
111 24(a), Art. I of the State Constitution for a period of 60 days
112 after the date the report is filed.
113 (b) Crash reports held by an agency under paragraph (a) may
114 be made immediately available to the parties involved in the
115 crash, their legal representatives, their licensed insurance
116 agents, their insurers or insurers to which they have applied
117 for coverage, persons under contract with such insurers to
118 provide claims or underwriting information, law enforcement
119 agencies and their contracted service providers, victim services
120 programs, and any federal, state, or local governmental agency
121 or any private person or entity acting on behalf of a federal,
122 state, or local governmental agency in carrying out its
123 functions, but not for redistribution to any person or entity
124 not listed in this subsection. Crash reports held by an agency
125 under paragraph (a) which do not contain the home or employment
126 street addresses, driver license or identification card numbers,
127 dates of birth, and home and employment telephone numbers of the
128 parties involved in the crash shall be made immediately
129 available to radio and television stations licensed by the
130 Federal Communications Commission and newspapers qualified to
131 publish legal notices under ss. 50.011 and 50.031. A crash
132 report may also be made available to any third party acting on
133 behalf of a person or entity authorized under this section to
134 access the crash report, except that the third party may
135 disclose the crash report only to the person or entity
136 authorized to access the crash report under this section on
137 whose behalf the third party has sought the report. This section
138 shall not prevent an agency, pursuant to a memorandum of
139 understanding, from providing data derived from crash reports to
140 a third party solely for the purpose of identifying vehicles
141 involved in crashes if such data does not reveal the identity,
142 home or employment telephone number or home or employment
143 address, or other personal information of the parties involved
144 in the crash.
145 (c) Any local, state, or federal agency that is authorized
146 to have access to crash reports by any provision of law shall be
147 granted such access in the furtherance of the agency’s statutory
148 duties.
149 (d) As a condition precedent to accessing a crash report, a
150 person must present a valid driver license or other photographic
151 identification, proof of status, or identification that
152 demonstrates his or her qualifications to access that
153 information and file a written sworn statement with the state or
154 local agency in possession of the information stating that
155 information from a crash report made confidential and exempt by
156 this section will not be used for any commercial solicitation of
157 accident victims or knowingly disclosed to any third party for
158 the purpose of such solicitation. Such written sworn statement
159 must be completed and sworn to by the requesting party for each
160 individual crash report that is being requested. In lieu of
161 requiring the written sworn statement, an agency may provide
162 crash reports by electronic means pursuant to a memorandum of
163 understanding to third-party vendors under contract with one or
164 more insurers, but only when such contract states that
165 information from a crash report made confidential and exempt by
166 this section will not be used for any commercial solicitation of
167 accident victims by the vendors, or knowingly disclosed by the
168 vendors to any third party for the purpose of such solicitation,
169 and only when a copy of such contract is furnished to the agency
170 as proof of the vendor’s claimed status.
171 (e) This subsection does not prevent the dissemination or
172 publication of news to the general public by any legitimate
173 media entitled to access confidential and exempt information
174 pursuant to this section.
175 (f) Crash reports held by an agency under paragraph (a) may
176 be made available 60 days after the date the report is filed to
177 any person or entity eligible to access crash reports under
178 paragraph (b) or in accordance with any of the permissible uses
179 listed in 18 U.S.C. s. 2721(b) and pursuant to the resale and
180 redisclosure requirements in 18 U.S.C. s. 2721(c).
181 (g) If crash reports are created by or submitted to an
182 agency electronically as data elements within a computerized
183 database or if personal information from a crash report is
184 entered into a computerized database, such crash data held by an
185 agency is confidential and exempt from s. 119.07(1) and s.
186 24(a), Art. I of the State Constitution. Sixty days after the
187 date the crash report is filed, an agency may provide crash data
188 derived from the crash report which includes personal
189 information to entities eligible to access the crash report
190 under paragraph (b), or in accordance with any of the
191 permissible uses listed in 18 U.S.C. s. 2721(b) and pursuant to
192 the resale and redisclosure requirements in 18 U.S.C. s.
193 2721(c). Such data shall be provided pursuant to a memorandum of
194 understanding.
195 (h) This subsection is subject to the Open Government
196 Sunset Review Act in accordance with s. 119.15 and shall stand
197 repealed on October 2, 2027, unless reviewed and saved from
198 repeal through reenactment by the Legislature.
199 (3)(a) Any driver failing to file the written report
200 required under subsection (1) commits a noncriminal traffic
201 infraction, punishable as a nonmoving violation as provided in
202 chapter 318.
203 (b) Any employee of a state or local agency in possession
204 of information made confidential and exempt by this section who
205 knowingly discloses such confidential and exempt information to
206 a person not entitled to access such information under this
207 section commits a felony of the third degree, punishable as
208 provided in s. 775.082, s. 775.083, or s. 775.084.
209 (c) Any person, knowing that he or she is not entitled to
210 obtain information made confidential and exempt by this section,
211 who obtains or attempts to obtain such information commits a
212 felony of the third degree, punishable as provided in s.
213 775.082, s. 775.083, or s. 775.084.
214 (d) Any person who knowingly uses confidential and exempt
215 information in violation of a filed written sworn statement,
216 memorandum of understanding, or contractual agreement required
217 by this section commits a felony of the third degree, punishable
218 as provided in s. 775.082, s. 775.083, or s. 775.084.
219 (e) In addition to penalties outlined in paragraphs (c) and
220 (d), a person who obtains a crash report or crash data and who
221 knowingly discloses or knowingly uses personal information
222 revealed in the report for a purpose not permitted under 18
223 U.S.C. s. 2721(b) is liable to the individual to whom the
224 information pertains, who may bring a civil action in any court
225 of competent jurisdiction. The court may award:
226 1. Actual damages, but not less than liquidated damages in
227 the amount of $2,500.
228 2. Punitive damages upon proof of willful or reckless
229 disregard of the law.
230 3. Reasonable attorney fees and other litigation costs
231 reasonably incurred.
232 4. Such other preliminary and equitable relief as the court
233 determines to be appropriate.
234
235 This paragraph does not apply to radio and television stations
236 licensed by the Federal Communications Commission and newspapers
237 qualified to publish legal notices under ss. 50.011 and 50.031.
238 (4) Except as specified in this subsection, each crash
239 report made by a person involved in a crash and any statement
240 made by such person to a law enforcement officer for the purpose
241 of completing a crash report required by this section must shall
242 be without prejudice to the individual so reporting. Such report
243 or statement may not be used as evidence in any trial, civil or
244 criminal. However, subject to the applicable rules of evidence,
245 a law enforcement officer at a criminal trial may testify as to
246 any statement made to the officer by the person involved in the
247 crash if that person’s privilege against self-incrimination is
248 not violated. The results of breath, urine, and blood tests
249 administered as provided in s. 316.1932 or s. 316.1933 are not
250 confidential and are admissible into evidence in accordance with
251 the provisions of s. 316.1934(2).
252 (5) A law enforcement officer, as defined in s. 943.10(1),
253 may enforce this section.
254 Section 3. The Legislature finds that a proper and
255 legitimate purpose is served when crash reports required under
256 s. 316.066, Florida Statutes, are filed electronically with the
257 Department of Highway Safety and Motor Vehicles by all entities
258 required to submit crash reports. Electronic filing will
259 expedite the availability of crash reports to the persons
260 authorized to receive them, simplify the process of making crash
261 reports available, and expedite the availability of information
262 derived from crash reports to improve highway safety. The
263 requirement of this act that complete crash reports be submitted
264 electronically to the Department of Highway Safety and Motor
265 Vehicles applies to all law enforcement agencies that prepare
266 crash reports submit the completed crash reports electronically
267 to the Department of Highway Safety and Motor Vehicles applies
268 to all similarly situated persons, including school district law
269 enforcement agencies, state university law enforcement agencies,
270 and state law enforcement agencies. Therefore, the Legislature
271 determines and declares that the amendments made by this act to
272 s. 316.066, Florida Statutes, fulfill an important state
273 interest.
274 Section 4. Paragraph (b) of subsection (1) of section
275 316.2935, Florida Statutes, is amended to read:
276 316.2935 Air pollution control equipment; tampering
277 prohibited; penalty.—
278 (1)
279 (b) At the time of sale, lease, or transfer of title of a
280 motor vehicle, the seller, lessor, or transferor shall certify
281 in writing to the purchaser, lessee, or transferee that the air
282 pollution control equipment of the motor vehicle has not been
283 tampered with by the seller, lessor, or transferor or their
284 agents, employees, or other representatives. A licensed motor
285 vehicle dealer shall also visually observe those air pollution
286 control devices listed by department rule pursuant to subsection
287 (7), and certify that they are in place, and appear properly
288 connected and undamaged. Such certification may shall not be
289 deemed or construed as a warranty that the pollution control
290 devices of the subject vehicle are in functional condition, nor
291 does the execution or delivery of this certification create by
292 itself grounds for a cause of action between the parties to this
293 transaction. This paragraph does not apply if the purchaser of
294 the motor vehicle is a lessee purchasing the leased motor
295 vehicle or if the licensed motor vehicle dealer is not in
296 possession of the motor vehicle at the time of sale.
297 Section 5. Paragraphs (a), (b), and (e) of subsection (1),
298 paragraph (d) of subsection (2), and subsection (9) of section
299 316.302, Florida Statutes, are amended to read:
300 316.302 Commercial motor vehicles; safety regulations;
301 transporters and shippers of hazardous materials; enforcement.—
302 (1)(a) All owners and drivers of commercial motor vehicles
303 that are operated on the public highways of this state while
304 engaged in interstate commerce are subject to the rules and
305 regulations contained in 49 C.F.R. parts 382, 383, 384, 385,
306 386, and 390-397.
307 (b) Except as otherwise provided in this section, all
308 owners and drivers of commercial motor vehicles that are engaged
309 in intrastate commerce are subject to the rules and regulations
310 contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390
311 397, as such rules and regulations existed on December 31, 2022
312 2020.
313 (e) A person who operates a commercial motor vehicle solely
314 in intrastate commerce which does not transport hazardous
315 materials in amounts that require placarding pursuant to 49
316 C.F.R. part 172 need not comply with the requirements of
317 electronic logging devices and hours of service supporting
318 documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
319 until December 31, 2019.
320 (2)
321 (d) A person who operates a commercial motor vehicle solely
322 in intrastate commerce not transporting any hazardous material
323 in amounts that require placarding pursuant to 49 C.F.R. part
324 172 within a 150 air-mile radius of the location where the
325 vehicle is based need not comply with 49 C.F.R. ss. 395.8 and
326 395.11 49 C.F.R. s. 395.8 if the requirements of 49 C.F.R. s.
327 395.1(e)(1)(iii) and (iv) 49 C.F.R. s. 395.1(e)(1) (ii),
328 (iii)(A) and (C), and (v) are met.
329 (9) For the purpose of enforcing this section, any law
330 enforcement officer of the Department of Highway Safety and
331 Motor Vehicles or duly appointed agent who holds a current
332 safety inspector certification from the Commercial Vehicle
333 Safety Alliance may require the driver of any commercial vehicle
334 operated on the highways of this state to stop and submit to an
335 inspection of the vehicle or the driver’s records. If the
336 vehicle or driver is found to be operating in an unsafe
337 condition, or if any required part or equipment is not present
338 or is not in proper repair or adjustment, and the continued
339 operation would present an unduly hazardous operating condition,
340 the officer or agent may require the vehicle or the driver to be
341 removed from service pursuant to the North American Standard
342 Out-of-Service Criteria, until corrected. However, if continuous
343 operation would not present an unduly hazardous operating
344 condition, the officer or agent may give written notice
345 requiring correction of the condition within 15 days.
346 (a) Any member of the Florida Highway Patrol or any law
347 enforcement officer employed by a sheriff’s office or municipal
348 police department authorized to enforce the traffic laws of this
349 state pursuant to s. 316.640 who has reason to believe that a
350 vehicle or driver is operating in an unsafe condition may, as
351 provided in subsection (11), enforce the provisions of this
352 section.
353 (b) Any person who fails to comply with a an officer’s
354 request to submit to an inspection under this subsection commits
355 a violation of s. 843.02 if the person resists the officer
356 without violence or a violation of s. 843.01 if the person
357 resists the officer with violence.
358 Section 6. Paragraphs (b) and (c) of subsection (1) of
359 section 319.14, Florida Statutes, are amended to read:
360 319.14 Sale of motor vehicles registered or used as
361 taxicabs, police vehicles, lease vehicles, rebuilt vehicles,
362 nonconforming vehicles, custom vehicles, or street rod vehicles;
363 conversion of low-speed vehicles.—
364 (1)
365 (b) A person may not knowingly offer for sale, sell, or
366 exchange a rebuilt vehicle until the department has stamped in a
367 conspicuous place on the certificate of title for the vehicle
368 words stating that the vehicle has been rebuilt or assembled
369 from parts, or is a kit car, glider kit, replica, flood vehicle,
370 custom vehicle, or street rod vehicle unless proper application
371 for a certificate of title for a vehicle that is rebuilt or
372 assembled from parts, or is a kit car, glider kit, replica,
373 flood vehicle, custom vehicle, or street rod vehicle has been
374 made to the department in accordance with this chapter and the
375 department has conducted the physical examination of the vehicle
376 to assure the identity of the vehicle and all major component
377 parts, as defined in s. 319.30(1), which have been repaired or
378 replaced. If a vehicle is identified as a flood vehicle, the
379 words stamped on the certificate of title must identify the type
380 of water that caused damage to the vehicle as “salt water,”
381 “fresh water,” or “other or unknown water type,” as applicable.
382 Thereafter, the department shall affix a decal to the vehicle,
383 in the manner prescribed by the department, showing the vehicle
384 to be rebuilt.
385 (c) As used in this section, the term:
386 9.1. “Police vehicle” means a motor vehicle owned or leased
387 by the state or a county or municipality and used in law
388 enforcement.
389 13.2.a. “Short-term-lease vehicle” means a motor vehicle
390 leased without a driver and under a written agreement to one or
391 more persons from time to time for a period of less than 12
392 months.
393 7.b. “Long-term-lease vehicle” means a motor vehicle leased
394 without a driver and under a written agreement to one person for
395 a period of 12 months or longer.
396 6.c. “Lease vehicle” includes both short-term-lease
397 vehicles and long-term-lease vehicles.
398 10.3. “Rebuilt vehicle” means a motor vehicle or mobile
399 home built from salvage or junk, as defined in s. 319.30(1).
400 1.4. “Assembled from parts” means a motor vehicle or mobile
401 home assembled from parts or combined from parts of motor
402 vehicles or mobile homes, new or used. The term “assembled from
403 parts” does not include mean a motor vehicle defined as a
404 “rebuilt vehicle” as defined in subparagraph 10. in subparagraph
405 3., which has been declared a total loss pursuant to s. 319.30.
406 5. “Kit car” means a motor vehicle assembled with a kit
407 supplied by a manufacturer to rebuild a wrecked or outdated
408 motor vehicle with a new body kit.
409 4.6. “Glider kit” means a vehicle assembled with a kit
410 supplied by a manufacturer to rebuild a wrecked or outdated
411 truck or truck tractor.
412 11.7. “Replica” means a complete new motor vehicle
413 manufactured to look like an old vehicle.
414 3.8. “Flood vehicle” means a motor vehicle or mobile home
415 that has been declared to be a total loss pursuant to s.
416 319.30(3)(a) resulting from damage caused by salt water, fresh
417 water, or other or unknown type of water.
418 8.9. “Nonconforming vehicle” means a motor vehicle that
419 which has been purchased by a manufacturer pursuant to a
420 settlement, determination, or decision under chapter 681.
421 12.10. “Settlement” means an agreement entered into between
422 a manufacturer and a consumer which that occurs after a dispute
423 is submitted to a program, or to an informal dispute settlement
424 procedure established by a manufacturer, or is approved for
425 arbitration before the Florida New Motor Vehicle Arbitration
426 Board as defined in s. 681.102.
427 2.11. “Custom vehicle” means a motor vehicle that:
428 a. Is 25 years of age or older and of a model year after
429 1948 or was manufactured to resemble a vehicle that is 25 years
430 of age or older and of a model year after 1948; and
431 b. Has been altered from the manufacturer’s original design
432 or has a body constructed from nonoriginal materials.
433
434 The model year and year of manufacture that the body of a custom
435 vehicle resembles is the model year and year of manufacture
436 listed on the certificate of title, regardless of when the
437 vehicle was actually manufactured.
438 14.12. “Street rod” means a motor vehicle that:
439 a. Is of a model year of 1948 or older or was manufactured
440 after 1948 to resemble a vehicle of a model year of 1948 or
441 older; and
442 b. Has been altered from the manufacturer’s original design
443 or has a body constructed from nonoriginal materials.
444
445 The model year and year of manufacture that the body of a street
446 rod resembles is the model year and year of manufacture listed
447 on the certificate of title, regardless of when the vehicle was
448 actually manufactured.
449 Section 7. Subsection (3) of section 319.23, Florida
450 Statutes, is amended to read:
451 319.23 Application for, and issuance of, certificate of
452 title.—
453 (3) If a certificate of title has not previously been
454 issued for a motor vehicle or mobile home in this state, the
455 application must, unless otherwise provided for in this chapter,
456 shall be accompanied by a proper bill of sale or sworn statement
457 of ownership, or a duly certified copy thereof, or by a
458 certificate of title, bill of sale, or other evidence of
459 ownership required by the law of the state or country county
460 from which the motor vehicle or mobile home was brought into
461 this state. The application must shall also be accompanied by:
462 (a)1. A sworn affidavit from the seller and purchaser
463 verifying that the vehicle identification number shown on the
464 affidavit is identical to the vehicle identification number
465 shown on the motor vehicle; or
466 2. An appropriate departmental form evidencing that a
467 physical examination has been made of the motor vehicle by the
468 owner and by a duly constituted law enforcement officer in any
469 state, a licensed motor vehicle dealer, a license inspector as
470 provided by s. 320.58, or a notary public commissioned by this
471 state and that the vehicle identification number shown on such
472 form is identical to the vehicle identification number shown on
473 the motor vehicle; and
474 (b) If the vehicle is a used car original, a sworn
475 affidavit from the owner verifying that the odometer reading
476 shown on the affidavit is identical to the odometer reading
477 shown on the motor vehicle in accordance with the requirements
478 of 49 C.F.R. s. 580.5 at the time that application for title is
479 made. For the purposes of this section, the term “used car
480 original” means a used vehicle coming into and being titled in
481 this state for the first time.
482 (c) If the vehicle is an ancient or antique vehicle, as
483 defined in s. 320.086, the application must shall be accompanied
484 by a certificate of title; a bill of sale and a registration; or
485 a bill of sale and an affidavit by the owner defending the title
486 from all claims. The bill of sale must contain a complete
487 vehicle description to include the vehicle identification or
488 engine number, year make, color, selling price, and signatures
489 of the seller and purchaser.
490
491 Verification of the vehicle identification number is not
492 required for any new motor vehicle; any mobile home; any trailer
493 or semitrailer with a net weight of less than 2,000 pounds; or
494 any travel trailer, camping trailer, truck camper, or fifth
495 wheel recreation trailer.
496 Section 8. Present paragraphs (c) and (d) of subsection (1)
497 of section 319.28, Florida Statutes, are redesignated as
498 paragraphs (d) and (e), respectively, and a new paragraph (c) is
499 added to that subsection, to read:
500 319.28 Transfer of ownership by operation of law.—
501 (1)
502 (c) If the previous owner died testate and the application
503 for a certificate of title is made by, and accompanied by an
504 affidavit attested by, a Florida-licensed attorney in good
505 standing with The Florida Bar who represents the previous
506 owner’s estate, such affidavit, for purposes of paragraph (a),
507 constitutes satisfactory proof of ownership and right of
508 possession to the motor vehicle or mobile home, so long as the
509 affidavit sets forth the rightful heir or heirs and the attorney
510 attests in the affidavit that such heir or heirs are lawfully
511 entitled to the rights of ownership and possession of the motor
512 vehicle or mobile home. The application for certificate of title
513 filed under this paragraph is not required to be accompanied by
514 a copy of the will or other testamentary instrument.
515 Section 9. Subsection (3) of section 319.29, Florida
516 Statutes, is amended to read:
517 319.29 Lost or destroyed certificates.—
518 (3) If, following the issuance of an original, duplicate,
519 or corrected certificate of title by the department, the
520 certificate is lost in transit and is not delivered to the
521 addressee, the owner of the motor vehicle or mobile home, or the
522 holder of a lien thereon, may, within 180 days after of the date
523 of issuance of the title, apply to the department for reissuance
524 of the certificate of title. An No additional fee may not shall
525 be charged by the department or a tax collector, as agent for
526 the department, for reissuance under this subsection.
527 Section 10. Paragraphs (g) and (j) of subsection (1) and
528 subsection (9) of section 319.30, Florida Statutes, are amended,
529 and paragraph (y) is added to subsection (1) of that section, to
530 read:
531 319.30 Definitions; dismantling, destruction, change of
532 identity of motor vehicle or mobile home; salvage.—
533 (1) As used in this section, the term:
534 (g) “Independent entity” means a business or entity that
535 may temporarily store damaged or dismantled motor vehicles or
536 vessels pursuant to an agreement with an insurance company and
537 is engaged in the sale or resale of damaged or dismantled motor
538 vehicles or vessels. The term does not include a wrecker
539 operator, a towing company, or a repair facility.
540 (j) “Major component parts” means:
541 1. For motor vehicles other than motorcycles and electric,
542 hybrid, or plug-in hybrid motor vehicles, any fender, hood,
543 bumper, cowl assembly, rear quarter panel, trunk lid, door,
544 decklid, floor pan, engine, frame, transmission, catalytic
545 converter, or airbag.
546 2. For trucks, other than electric, hybrid, or plug-in
547 hybrid motor vehicles, in addition to those parts listed in
548 subparagraph 1., any truck bed, including dump, wrecker, crane,
549 mixer, cargo box, or any bed which mounts to a truck frame.
550 3. For motorcycles, the body assembly, frame, fenders, gas
551 tanks, engine, cylinder block, heads, engine case, crank case,
552 transmission, drive train, front fork assembly, and wheels.
553 4. For mobile homes, the frame.
554 5. For electric, hybrid, or plug-in hybrid motor vehicles,
555 any fender, hood, bumper, cowl assembly, rear quarter panel,
556 trunk lid, door, decklid, floor pan, engine, electric traction
557 motor, frame, transmission or electronic transmission, charge
558 port, DC power converter, onboard charger, power electronics
559 controller, thermal system, traction battery pack, catalytic
560 converter, or airbag.
561 (y) “Vessel” has the same meaning as provided in s.
562 713.78(1)(b).
563 (9)(a) An insurance company may notify an independent
564 entity that obtains possession of a damaged or dismantled motor
565 vehicle or vessel to release the vehicle or vessel to the owner.
566 The insurance company shall provide the independent entity a
567 release statement on a form prescribed by the department
568 authorizing the independent entity to release the vehicle or
569 vessel to the owner or lienholder. The form must, at a minimum,
570 contain the following:
571 1. The policy and claim number.
572 2. The name and address of the insured.
573 3. The vehicle identification number or vessel hull
574 identification number.
575 4. The signature of an authorized representative of the
576 insurance company.
577 (b) The independent entity in possession of a motor vehicle
578 or vessel must send a notice to the owner that the vehicle or
579 vessel is available for pickup when it receives a release
580 statement from the insurance company. The notice must shall be
581 sent by certified mail or by another commercially available
582 delivery service that provides proof of delivery to the owner at
583 the owner’s address contained in the department’s records. The
584 notice must state that the owner has 30 days after delivery of
585 the notice to the owner at the owner’s address to pick up the
586 vehicle or vessel from the independent entity. If the motor
587 vehicle or vessel is not claimed within 30 days after the
588 delivery or attempted delivery of the notice, the independent
589 entity may apply for a certificate of destruction, a salvage
590 certificate of title, or a certificate of title. For a hull
591 damaged vessel, the independent entity shall comply with s.
592 328.045, as applicable.
593 (c) If the department’s records do not contain the owner’s
594 address, the independent entity must do all of the following:
595 1. Send a notice that meets the requirements of paragraph
596 (b) to the owner’s address that is provided by the insurance
597 company in the release statement.
598 2. For a vehicle, identify the latest titling jurisdiction
599 of the vehicle through use of the National Motor Vehicle Title
600 Information System or an equivalent commercially available
601 system and attempt to obtain the owner’s address from that
602 jurisdiction. If the jurisdiction returns an address that is
603 different from the owner’s address provided by the insurance
604 company, the independent entity must send a notice that meets
605 the requirements of paragraph (b) to both addresses.
606 (d) The independent entity shall maintain for at least a
607 minimum of 3 years the records related to the 30-day notice sent
608 to the owner. For vehicles, the independent entity shall also
609 maintain for at least 3 years the results of searches of the
610 National Motor Vehicle Title Information System or an equivalent
611 commercially available system, and the notification to the
612 National Motor Vehicle Title Information System made pursuant to
613 paragraph (e).
614 (e) The independent entity shall make the required
615 notification to the National Motor Vehicle Title Information
616 System before releasing any damaged or dismantled motor vehicle
617 to the owner or before applying for a certificate of destruction
618 or salvage certificate of title. The independent entity is not
619 required to notify the National Motor Vehicle Title Information
620 System before releasing any damaged or dismantled vessel to the
621 owner or before applying for a certificate of title.
622 (f) Upon applying for a certificate of destruction, or
623 salvage certificate of title, or certificate of title, the
624 independent entity shall provide a copy of the release statement
625 from the insurance company to the independent entity, proof of
626 providing the 30-day notice to the owner, proof of notification
627 to the National Motor Vehicle Title Information System if
628 required, proof of all lien satisfactions or proof of a release
629 of all liens on the motor vehicle or vessel, and applicable
630 fees. If the independent entity is unable to obtain a lien
631 satisfaction or a release of all liens on the motor vehicle or
632 vessel, the independent entity must provide an affidavit stating
633 that notice was sent to all lienholders that the motor vehicle
634 or vessel is available for pickup, 30 days have passed since the
635 notice was delivered or attempted to be delivered pursuant to
636 this section, attempts have been made to obtain a release from
637 all lienholders, and all such attempts have been to no avail.
638 The notice to lienholders and attempts to obtain a release from
639 lienholders may be by written request delivered in person or by
640 certified mail or another commercially available delivery
641 service that provides proof of delivery to the lienholder at the
642 lienholder’s address as provided on the certificate of title and
643 to the address designated with the Department of State pursuant
644 to s. 655.0201(2) if such address is different.
645 (g) The independent entity may not charge an owner of the
646 vehicle or vessel storage fees or apply for a title under s.
647 713.585 or s. 713.78.
648 Section 11. Paragraph (b) of subsection (1) and paragraph
649 (a) of subsection (3) of section 320.06, Florida Statutes, are
650 amended to read:
651 320.06 Registration certificates, license plates, and
652 validation stickers generally.—
653 (1)
654 (b)1. Registration license plates bearing a graphic symbol
655 and the alphanumeric system of identification shall be issued
656 for a 10-year period. At the end of the 10-year period, upon
657 renewal, the plate must shall be replaced. The department shall
658 extend the scheduled license plate replacement date from a 6
659 year period to a 10-year period. The fee for such replacement is
660 $28, $2.80 of which must shall be paid each year before the
661 plate is replaced, to be credited toward the next $28
662 replacement fee. The fees must shall be deposited into the
663 Highway Safety Operating Trust Fund. A credit or refund may not
664 be given for any prior years’ payments of the prorated
665 replacement fee if the plate is replaced or surrendered before
666 the end of the 10-year period, except that a credit may be given
667 if a registrant is required by the department to replace a
668 license plate under s. 320.08056(8)(a). With each license plate,
669 a validation sticker must shall be issued showing the owner’s
670 birth month, license plate number, and the year of expiration or
671 the appropriate renewal period if the owner is not a natural
672 person. The validation sticker must shall be placed on the upper
673 right corner of the license plate. The license plate and
674 validation sticker must shall be issued based on the applicant’s
675 appropriate renewal period. The registration period is 12
676 months, the extended registration period is 24 months, and all
677 expirations occur based on the applicant’s appropriate
678 registration period. Rental vehicles taxed pursuant to s.
679 320.08(6)(a) and rental trucks taxed pursuant to s.
680 320.08(3)(a), (b), and (c) and (4)(a)-(d) may elect a permanent
681 registration period, provided payment of the appropriate license
682 taxes and fees occurs annually.
683 2. A vehicle that has an apportioned registration must
684 shall be issued an annual license plate and a cab card that
685 denote the declared gross vehicle weight for each apportioned
686 jurisdiction in which the vehicle is authorized to operate. This
687 subparagraph expires June 30, 2024.
688 3. Beginning July 1, 2024, a vehicle registered in
689 accordance with the International Registration Plan must be
690 issued a license plate for a 3-year period. At the end of the 3
691 year period, upon renewal, the license plate must be replaced.
692 Each license plate must include a validation sticker showing the
693 month of expiration. A cab card denoting the declared gross
694 vehicle weight for each apportioned jurisdiction must be issued
695 annually. The fee for an original or a renewal cab card is $28,
696 which must be deposited into the Highway Safety Operating Trust
697 Fund. If the license plate is damaged or worn, it may be
698 replaced at no charge by applying to the department and
699 surrendering the current license plate.
700 4. In order to retain the efficient administration of the
701 taxes and fees imposed by this chapter, the 80-cent fee increase
702 in the replacement fee imposed by chapter 2009-71, Laws of
703 Florida, is negated as provided in s. 320.0804.
704 (3)(a) Registration license plates must be made of metal
705 specially treated with a retroreflection material, as specified
706 by the department. The registration license plate is designed to
707 increase nighttime visibility and legibility and must be at
708 least 6 inches wide and not less than 12 inches in length,
709 unless a plate with reduced dimensions is deemed necessary by
710 the department to accommodate motorcycles, mopeds, or similar
711 smaller vehicles, or trailers. Validation stickers must also be
712 treated with a retroreflection material, must be of such size as
713 specified by the department, and must adhere to the license
714 plate. The registration license plate must be imprinted with a
715 combination of bold letters and numerals or numerals, not to
716 exceed seven digits, to identify the registration license plate
717 number. The license plate must be imprinted with the word
718 “Florida” at the top and the name of the county in which it is
719 sold, the state motto, or the words “Sunshine State” at the
720 bottom. Apportioned license plates must have the word
721 “Apportioned” at the bottom, and license plates issued for
722 vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
723 (c), or (14) must have the word “Restricted” at the bottom.
724 License plates issued for vehicles taxed under s. 320.08(12)
725 must be imprinted with the word “Florida” at the top and the
726 word “Dealer” at the bottom unless the license plate is a
727 specialty license plate as authorized in s. 320.08056.
728 Manufacturer license plates issued for vehicles taxed under s.
729 320.08(12) must be imprinted with the word “Florida” at the top
730 and the word “Manufacturer” at the bottom. License plates issued
731 for vehicles taxed under s. 320.08(5)(d) or (e) must be
732 imprinted with the word “Wrecker” at the bottom. Any county may,
733 upon majority vote of the county commission, elect to have the
734 county name removed from the license plates sold in that county.
735 The state motto or the words “Sunshine State” must shall be
736 printed in lieu thereof. A license plate issued for a vehicle
737 taxed under s. 320.08(6) may not be assigned a registration
738 license number, or be issued with any other distinctive
739 character or designation, that distinguishes the motor vehicle
740 as a for-hire motor vehicle.
741 Section 12. Section 320.0605, Florida Statutes, is amended
742 to read:
743 320.0605 Certificate of registration and other documents;
744 possession required; exception.—
745 (1)(a) The registration certificate in a uniform paper or
746 electronic format, as prescribed by the department, or an
747 official copy thereof;, a true copy or an electronic copy of
748 rental or lease documentation issued for a motor vehicle or
749 issued for a replacement vehicle in the same registration
750 period;, a temporary receipt printed upon self-initiated
751 electronic renewal of a registration via the Internet;, or a cab
752 card issued for a vehicle registered under the International
753 Registration Plan must shall, at all times while the vehicle is
754 being used or operated on the roads of this state, be in the
755 possession of the operator thereof or be carried in the vehicle
756 for which such documentation was issued at all times while the
757 vehicle is being used or operated on the roads of this state and
758 must shall be exhibited upon demand of any authorized law
759 enforcement officer or any agent of the department, except for a
760 vehicle registered under s. 320.0657. This paragraph section
761 does not apply during the first 30 days after purchase of a
762 replacement vehicle. A violation of this paragraph section is a
763 noncriminal traffic infraction, punishable as a nonmoving
764 violation as provided in chapter 318.
765 (b)1. The act of presenting to a law enforcement officer or
766 agent of the department an electronic device displaying an
767 electronic registration certificate or a copy of rental or lease
768 documentation does not constitute consent for the officer or
769 agent to access any information on the device other than the
770 displayed registration certificate or rental or lease
771 documentation.
772 2. The person who presents the device to the officer or
773 agent assumes the liability for any resulting damage to the
774 device.
775 (2) Rental or lease documentation that is sufficient to
776 satisfy the requirement in subsection (1) includes the
777 following:
778 (a) Date and time of rental;
779 (b) Rental agreement number;
780 (c) Rental vehicle identification number;
781 (d) Rental vehicle license plate number and state of
782 registration;
783 (e) Vehicle’s make, model, and color;
784 (f) Vehicle’s mileage; and
785 (g) Authorized renter’s name.
786 Section 13. Paragraphs (a) and (f) of subsection (8) of
787 section 320.08056, Florida Statutes, as amended by section 7 of
788 chapter 2020-181, Laws of Florida, are amended to read:
789 320.08056 Specialty license plates.—
790 (8)(a) The department must discontinue the issuance of an
791 approved specialty license plate if the number of valid
792 specialty plate registrations falls below 3,000, or in the case
793 of an out-of-state college or university license plate, 4,000,
794 for at least 12 consecutive months. The department shall mail a
795 warning letter to the sponsoring organization following the
796 first month in which the total number of valid specialty plate
797 registrations is below 3,000, or in the case of an out-of-state
798 college or university license plate, 4,000. This paragraph does
799 not apply to in-state collegiate license plates established
800 under s. 320.08058(3), license plates of institutions in and
801 entities of the State University System, specialty license
802 plates that have statutory eligibility limitations for purchase,
803 specialty license plates for which annual use fees are
804 distributed by a foundation for student and teacher leadership
805 programs and teacher recruitment and retention, or Florida
806 Professional Sports Team license plates established under s.
807 320.08058(9).
808 (f) Notwithstanding paragraph (a), on January 1 of each
809 year, the department shall discontinue the specialty license
810 plate with the fewest number of plates in circulation, including
811 license plates exempt from a statutory sales requirement. The
812 department shall mail a warning letter to the sponsoring
813 organizations of the 10 percent of specialty license plates with
814 the lowest number of valid, active registrations as of December
815 1 of each year. This paragraph does not apply to collegiate
816 license plates.
817 Section 14. Subsections (3), (58), and (95), paragraph (c)
818 of subsection (101), and subsection (107) of section 320.08058,
819 Florida Statutes, are amended, and subsection (127) is added to
820 that section, to read:
821 320.08058 Specialty license plates.—
822 (3) COLLEGIATE LICENSE PLATES.—
823 (a) The department shall develop a collegiate license plate
824 as provided in this section for state and independent
825 universities domiciled in this state. However, any collegiate
826 license plate created or established after October 1, 2002, must
827 comply with the requirements of s. 320.08053, except the presale
828 requirements in s. 320.08053(2)(b), and be specifically
829 authorized by an act of the Legislature. Collegiate license
830 plates must bear the colors and design approved by the
831 department as appropriate for each state and independent
832 university. The word “Florida” must be stamped across the bottom
833 of the plate in small letters.
834 (b) A collegiate plate annual use fee is to be distributed
835 to the state or independent university foundation designated by
836 the purchaser for deposit in an unrestricted account. The Board
837 of Governors of the State University System shall require each
838 state university to submit a plan for approval of the
839 expenditure of all funds so designated. These funds may be used
840 only for academic enhancement, including scholarships and
841 private fundraising activities.
842 (c) The department may reauthorize a collegiate license
843 plate that has previously been discontinued pursuant to s.
844 320.08056(8)(f) if the university resubmits the collegiate
845 license plate for authorization.
846 (58) PROTECT FLORIDA SPRINGS LICENSE PLATES.—
847 (a) The department shall develop a Protect Florida Springs
848 license plate as provided in this section. The word “Florida”
849 must appear at the top of the plate, and the words “Protect
850 Florida Springs” must appear at the bottom of the plate.
851 (b) The annual use fees shall be distributed to the Fish &
852 Wildlife Foundation of Florida, Inc., a citizen support
853 organization created pursuant to s. 379.223, which shall
854 administer the fees as follows:
855 1. Wildlife Foundation of Florida, Inc., shall retain the
856 first $60,000 of the annual use fees as direct reimbursement for
857 administrative costs, startup costs, and costs incurred in the
858 development and approval process.
859 2. Thereafter, A maximum of 10 percent of the fees may be
860 used for administrative costs directly associated with education
861 programs, conservation, springs research, and grant
862 administration of the foundation. A maximum of 15 percent of the
863 fees may be used for continuing promotion and marketing of the
864 license plate.
865 2.3. At least 75 55 percent of the fees shall be available
866 for the conservation of Florida’s freshwater springs, including
867 scientific research, springs habitat restoration, springs
868 protection, and public education on springs competitive grants
869 for targeted community-based springs research not currently
870 available for state funding. The remaining 20 percent shall be
871 directed toward community outreach programs aimed at
872 implementing such research findings. The majority of funds shall
873 be awarded via competitive grants shall be administered and
874 approved by the board of directors of the Fish & Wildlife
875 Foundation of Florida, Inc., with input from a. The granting
876 advisory committee shall be composed of nine members, including
877 one representative from the Fish and Wildlife Conservation
878 Commission, one representative from the Department of
879 Environmental Protection, one representative from the Department
880 of Health, one representative from the Department of Economic
881 Opportunity, three citizen representatives, and two
882 representatives from nonprofit stakeholder groups.
883 4. The remaining funds shall be distributed with the
884 approval of and accountability to the board of directors of the
885 Wildlife Foundation of Florida, and shall be used to support
886 activities contributing to education, outreach, and springs
887 conservation.
888 (95) AMERICAN EAGLE LICENSE PLATES.—
889 (a) The department shall develop an American Eagle license
890 plate as provided in this section and s. 320.08053. The plate
891 must bear the colors and design approved by the department. The
892 word “Florida” must appear at the top of the plate, and the
893 words “Protect the Eagle” “In God We Trust” must appear at the
894 bottom of the plate.
895 (b) The annual use fees from the sale of the plate shall be
896 distributed to the American Eagle Foundation for deposit in the
897 foundation’s national endowment fund. Up to 10 percent of the
898 funds received may be used for administrative costs and
899 marketing of the plate. The American Eagle Foundation shall use
900 the remainder of the proceeds to fund public education programs,
901 rescue and care programs, and other conservation efforts in
902 Florida that benefit bald eagles.
903 (101) DIVINE NINE LICENSE PLATES.—
904 (c)1. As used in this paragraph, the term “immediate
905 relative” means a spouse, domestic partner, or child.
906 2. To be eligible for issuance of a Divine Nine license
907 plate representing an organization listed in sub-subparagraphs
908 (b)3.a.-i., a person must be a resident of this state who is the
909 registered owner or lessee of a motor vehicle and who either is
910 a member or an immediate relative of a member of the applicable
911 organization. The person must also present the following:
912 a. Proof of membership in the organization, which may be
913 established by:
914 (I)a. A card distributed by the organization indicating the
915 person’s membership in the organization; or
916 (II)b. A written letter on the organization’s letterhead
917 which is signed by the organization’s national president or his
918 or her designated official and which states that the person was
919 inducted into the organization.
920 b. If the person is a lessee of a motor vehicle, a lease
921 agreement and the vehicle identification number for the motor
922 vehicle that is being leased.
923 c. If the person is an immediate relative of a member of
924 the organization, a marriage license, domestic partnership
925 agreement, birth certificate, or record of adoption, and proof
926 of membership as described in sub-subparagraph a. of the
927 person’s immediate relative.
928 3.2. Proof of membership in an organization listed in sub
929 subparagraphs (b)3.a.-i. is required only for initial issuance
930 of a Divine Nine license plate. A person need not present such
931 proof for renewal of the license plate.
932
933 License plates created pursuant to this subsection shall have
934 their plate sales combined for the purpose of meeting the
935 minimum license plate sales threshold in s. 320.08056(8)(a) and
936 for determining the license plate limit in s. 320.08053(3)(b).
937 License plates created pursuant to this subsection must be
938 ordered directly from the department.
939 (107) UNIVERSAL ORLANDO RESORT GIVE KIDS THE WORLD LICENSE
940 PLATES.—
941 (a) The department shall develop a Universal Orlando Resort
942 Give Kids The World license plate as provided in this section
943 and s. 320.08053. The plate must bear the colors and design
944 approved by the department. The word “Florida” must appear at
945 the top of the plate, and the words “Universal Orlando Resort”
946 “Give Kids The World” must appear at the bottom of the plate.
947 (b) The annual use fees from the sale of the plate must
948 shall be distributed to Give Kids The World, Inc., a nonprofit
949 organization under s. 501(c)(3) of the Internal Revenue Code. Up
950 to 10 percent of the proceeds may be used for the promotion and
951 marketing of the plate. The remainder of the proceeds must shall
952 be used by Give Kids The World, Inc., to support the
953 organization's mission their mission of providing week-long,
954 cost-free vacations to children with critical illnesses and
955 their families.
956 (127) FLORIDA ASSOCIATION OF REALTORS LICENSE PLATES.—
957 (a) The department shall develop a Florida Association of
958 Realtors license plate as provided in this section and s.
959 320.08053. The plate must bear the colors and design approved by
960 the department. The word “Florida” must appear at the top of the
961 plate, and the words “Support Homeownership” must appear at the
962 bottom of the plate.
963 (b) The annual use fees from the sale of the plate shall be
964 distributed to Homeownership For All, Inc., which may use up to
965 10 percent of the proceeds to promote and market the plate. The
966 remainder of the proceeds shall be used by Homeownership For
967 All, Inc., to fund programs that provide, promote, or otherwise
968 support affordable housing in this state.
969 Section 15. Subsection (1) of section 320.084, Florida
970 Statutes, is amended, and subsection (6) is added to that
971 section, to read:
972 320.084 Free motor vehicle license plate to certain
973 disabled veterans.—
974 (1) One free “DV” motor vehicle license number plate must
975 shall be issued by the department for use on any motor vehicle
976 owned or leased by any disabled veteran who has been a resident
977 of this state continuously for the preceding 5 years or has
978 established a domicile in this state as provided by s.
979 222.17(1), (2), or (3), and who has been honorably discharged
980 from the United States Armed Forces, upon application,
981 accompanied by proof that:
982 (a) A vehicle was initially acquired through financial
983 assistance by the United States Department of Veterans Affairs
984 or its predecessor specifically for the purchase of an
985 automobile;
986 (b) The applicant has been determined by the United States
987 Department of Veterans Affairs or its predecessor to have a
988 service-connected 100-percent disability rating for
989 compensation; or
990 (c) The applicant has been determined to have a service
991 connected disability rating of 100 percent and is in receipt of
992 disability retirement pay from any branch of the United States
993 Armed Services.
994 (6)(a) A disabled veteran who qualifies for issuance of a
995 “DV” license plate under subsection (1) may be issued, in lieu
996 of the “DV” license plate, a military license plate for which he
997 or she is eligible, or a specialty license plate. A disabled
998 veteran electing a military license plate or specialty license
999 plate under this subsection must pay all applicable fees related
1000 to such license plate, except for fees otherwise waived under
1001 subsections (1) and (4).
1002 (b) A military license plate or specialty license plate
1003 elected under this subsection:
1004 1. Does not provide the protections or rights afforded by
1005 s. 316.1955, s. 316.1964, s. 320.0848, s. 526.141, or s.
1006 553.5041.
1007 2. Is not eligible for the international symbol of
1008 accessibility as described in s. 320.0842.
1009 Section 16. Present subsections (16) through (48) of
1010 section 322.01, Florida Statutes, are redesignated as
1011 subsections (17) through (49), respectively, a new subsection
1012 (16) is added to that section, and subsection (5) and present
1013 subsections (37) and (41) of that section are amended, to read:
1014 322.01 Definitions.—As used in this chapter:
1015 (5) “Cancellation” means the act of declaring a driver
1016 license void and terminated, but does not include a downgrade.
1017 (16) “Downgrade” has the same meaning as the definition of
1018 the term “CDL downgrade” in 49 C.F.R. s. 383.5(4).
1019 (38)(37) “Revocation” means the termination of a licensee’s
1020 privilege to drive, but does not include a downgrade.
1021 (42)(41) “Suspension” means the temporary withdrawal of a
1022 licensee’s privilege to drive a motor vehicle, but does not
1023 include a downgrade.
1024 Section 17. Subsection (2) of section 322.02, Florida
1025 Statutes, is amended to read:
1026 322.02 Legislative intent; administration.—
1027 (2) The Department of Highway Safety and Motor Vehicles is
1028 charged with the administration and function of enforcement of
1029 the provisions of this chapter and the enforcement and
1030 administration of 49 C.F.R. parts 382-386 and 390-397.
1031 Section 18. Present subsections (4) through (12) of section
1032 322.05, Florida Statutes, are redesignated as subsections (5)
1033 through (13), respectively, and a new subsection (4) is added to
1034 that section, to read:
1035 322.05 Persons not to be licensed.—The department may not
1036 issue a license:
1037 (4) To any person as a commercial motor vehicle operator
1038 who is ineligible to operate a commercial motor vehicle pursuant
1039 to 49 C.F.R. part 383.
1040 Section 19. Subsection (3) of section 322.07, Florida
1041 Statutes, is amended to read:
1042 322.07 Instruction permits and temporary licenses.—
1043 (3) Any person who, except for his or her lack of
1044 instruction in operating a commercial motor vehicle, would
1045 otherwise be qualified to obtain a commercial driver license
1046 under this chapter, may apply for a temporary commercial
1047 instruction permit. The department shall issue such a permit
1048 entitling the applicant, while having the permit in his or her
1049 immediate possession, to drive a commercial motor vehicle on the
1050 highways, if:
1051 (a) The applicant possesses a valid Florida driver license;
1052 and
1053 (b) The applicant, while operating a commercial motor
1054 vehicle, is accompanied by a licensed driver who is 21 years of
1055 age or older, who is licensed to operate the class of vehicle
1056 being operated, and who is occupying the closest seat to the
1057 right of the driver; and
1058 (c) The department has not been notified that, under 49
1059 C.F.R. s. 382.501(a), the applicant is prohibited from operating
1060 a commercial motor vehicle.
1061 Section 20. Effective January 1, 2024, subsection (3) of
1062 section 322.141, Florida Statutes, is amended to read:
1063 322.141 Color or markings of certain licenses or
1064 identification cards.—
1065 (3) All licenses for the operation of motor vehicles or
1066 identification cards originally issued or reissued by the
1067 department to persons who are designated as sexual predators
1068 under s. 775.21 or subject to registration as sexual offenders
1069 under s. 943.0435 or s. 944.607, or who have a similar
1070 designation or are subject to a similar registration under the
1071 laws of another jurisdiction, must shall have on the front of
1072 the license or identification card, in a distinctive format and
1073 printed in the color red, all of the following information:
1074 (a) For a person designated as a sexual predator under s.
1075 775.21 or who has a similar designation under the laws of
1076 another jurisdiction, the marking “SEXUAL PREDATOR.”
1077 (b) For a person subject to registration as a sexual
1078 offender under s. 943.0435 or s. 944.607, or subject to a
1079 similar registration under the laws of another jurisdiction, the
1080 marking “943.0435, F.S.”
1081 Section 21. Subsection (4) of section 322.142, Florida
1082 Statutes, is amended to read:
1083 322.142 Color photographic or digital imaged licenses.—
1084 (4) The department may maintain a film negative or print
1085 file. The department shall maintain a record of the digital
1086 image and signature of the licensees, together with other data
1087 required by the department for identification and retrieval.
1088 Reproductions from the file or digital record are exempt from
1089 the provisions of s. 119.07(1) and may be made and issued only
1090 in the following circumstances:
1091 (a) For departmental administrative purposes.;
1092 (b) For the issuance of duplicate licenses.;
1093 (c) In response to law enforcement agency requests.;
1094 (d) To the Department of Business and Professional
1095 Regulation and the Department of Health pursuant to an
1096 interagency agreement for the purpose of accessing digital
1097 images for reproduction of licenses issued by the Department of
1098 Business and Professional Regulation or the Department of
1099 Health.;
1100 (e) To the Department of State pursuant to an interagency
1101 agreement to facilitate determinations of eligibility of voter
1102 registration applicants and registered voters in accordance with
1103 ss. 98.045 and 98.075.;
1104 (f) To the Department of Revenue pursuant to an interagency
1105 agreement for use in establishing paternity and establishing,
1106 modifying, or enforcing support obligations in Title IV-D
1107 cases.;
1108 (g) To the Department of Children and Families pursuant to
1109 an interagency agreement to conduct protective investigations
1110 under part III of chapter 39 and chapter 415.;
1111 (h) To the Department of Children and Families pursuant to
1112 an interagency agreement specifying the number of employees in
1113 each of that department’s regions to be granted access to the
1114 records for use as verification of identity to expedite the
1115 determination of eligibility for public assistance and for use
1116 in public assistance fraud investigations.;
1117 (i) To the Agency for Health Care Administration pursuant
1118 to an interagency agreement for the purpose of authorized
1119 agencies verifying photographs in the Care Provider Background
1120 Screening Clearinghouse authorized under s. 435.12.;
1121 (j) To the Department of Financial Services pursuant to an
1122 interagency agreement to facilitate the location of owners of
1123 unclaimed property, the validation of unclaimed property claims,
1124 the identification of fraudulent or false claims, and the
1125 investigation of allegations of violations of the insurance code
1126 by licensees and unlicensed persons.;
1127 (k) To the Department of Economic Opportunity pursuant to
1128 an interagency agreement to facilitate the validation of
1129 reemployment assistance claims and the identification of
1130 fraudulent or false reemployment assistance claims.;
1131 (l) To district medical examiners pursuant to an
1132 interagency agreement for the purpose of identifying a deceased
1133 individual, determining cause of death, and notifying next of
1134 kin of any investigations, including autopsies and other
1135 laboratory examinations, authorized in s. 406.11.;
1136 (m) To the following persons for the purpose of identifying
1137 a person as part of the official work of a court:
1138 1. A justice or judge of this state;
1139 2. An employee of the state courts system who works in a
1140 position that is designated in writing for access by the Chief
1141 Justice of the Supreme Court or a chief judge of a district or
1142 circuit court, or by his or her designee; or
1143 3. A government employee who performs functions on behalf
1144 of the state courts system in a position that is designated in
1145 writing for access by the Chief Justice or a chief judge, or by
1146 his or her designee.; or
1147 (n) To the Agency for Health Care Administration pursuant
1148 to an interagency agreement to prevent health care fraud. If the
1149 Agency for Health Care Administration enters into an agreement
1150 with a private entity to carry out duties relating to health
1151 care fraud prevention, such contracts must shall include, but
1152 need not be limited to:
1153 1. Provisions requiring internal controls and audit
1154 processes to identify access, use, and unauthorized access of
1155 information.
1156 2. A requirement to report unauthorized access or use to
1157 the Agency for Health Care Administration within 1 business day
1158 after the discovery of the unauthorized access or use.
1159 3. Provisions for liquidated damages for unauthorized
1160 access or use of no less than $5,000 per occurrence.
1161 (o) To any criminal justice agency, as defined in s.
1162 943.045, pursuant to an interagency agreement for use in
1163 carrying out the criminal justice agency’s functions.
1164 (p) To the driver licensing agency of any other state for
1165 purposes of validating the identity of an applicant for a driver
1166 license or identification card.
1167 Section 22. Subsection (8) and paragraph (a) of subsection
1168 (9) of section 322.21, Florida Statutes, are amended to read:
1169 322.21 License fees; procedure for handling and collecting
1170 fees.—
1171 (8) A person who applies for reinstatement following the
1172 suspension or revocation of the person’s driver license must pay
1173 a service fee of $45 following a suspension, and $75 following a
1174 revocation, which is in addition to the fee for a license. A
1175 person who applies for reinstatement of a commercial driver
1176 license following the disqualification or downgrade of the
1177 person’s privilege to operate a commercial motor vehicle must
1178 shall pay a service fee of $75, which is in addition to the fee
1179 for a license. The department shall collect all of these fees at
1180 the time of reinstatement. The department shall issue proper
1181 receipts for such fees and shall promptly transmit all funds
1182 received by it as follows:
1183 (a) Of the $45 fee received from a licensee for
1184 reinstatement following a suspension:
1185 1. If the reinstatement is processed by the department, the
1186 department must shall deposit $15 in the General Revenue Fund
1187 and $30 in the Highway Safety Operating Trust Fund.
1188 2. If the reinstatement is processed by the tax collector,
1189 $15, less the general revenue service charge set forth in s.
1190 215.20(1), must shall be retained by the tax collector, $15 must
1191 shall be deposited into the Highway Safety Operating Trust Fund,
1192 and $15 must shall be deposited into the General Revenue Fund.
1193 (b) Of the $75 fee received from a licensee for
1194 reinstatement following a revocation, or disqualification, or
1195 downgrade:
1196 1. If the reinstatement is processed by the department, the
1197 department must shall deposit $35 in the General Revenue Fund
1198 and $40 in the Highway Safety Operating Trust Fund.
1199 2. If the reinstatement is processed by the tax collector,
1200 $20, less the general revenue service charge set forth in s.
1201 215.20(1), must shall be retained by the tax collector, $20 must
1202 shall be deposited into the Highway Safety Operating Trust Fund,
1203 and $35 must shall be deposited into the General Revenue Fund.
1204
1205 If the revocation or suspension of the driver license was for a
1206 violation of s. 316.193, or for refusal to submit to a lawful
1207 breath, blood, or urine test, an additional fee of $130 must be
1208 charged. However, only one $130 fee may be collected from one
1209 person convicted of violations arising out of the same incident.
1210 The department shall collect the $130 fee and deposit the fee
1211 into the Highway Safety Operating Trust Fund at the time of
1212 reinstatement of the person’s driver license, but the fee may
1213 not be collected if the suspension or revocation is overturned.
1214 If the revocation or suspension of the driver license was for a
1215 conviction for a violation of s. 817.234(8) or (9) or s.
1216 817.505, an additional fee of $180 is imposed for each offense.
1217 The department shall collect and deposit the additional fee into
1218 the Highway Safety Operating Trust Fund at the time of
1219 reinstatement of the person’s driver license.
1220 (9) An applicant:
1221 (a) Requesting a review authorized in s. 322.222, s.
1222 322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must
1223 pay a filing fee of $25 to be deposited into the Highway Safety
1224 Operating Trust Fund.
1225 Section 23. Section 322.591, Florida Statutes, is created
1226 to read:
1227 322.591 Commercial driver license and commercial
1228 instruction permit; Commercial Driver’s License Drug and Alcohol
1229 Clearinghouse; prohibition on issuance of commercial driver
1230 licenses; downgrades.—
1231 (1) Beginning November 18, 2024, when a person applies for
1232 or seeks to renew, transfer, or make any other change to a
1233 commercial driver license or commercial instruction permit, the
1234 department must obtain the driver’s record from the Commercial
1235 Driver’s License Drug and Alcohol Clearinghouse established
1236 pursuant to 49 C.F.R. part 382. The department may not issue,
1237 renew, transfer, or revise the types of authorized vehicles that
1238 may be operated or the endorsements applicable to a commercial
1239 driver license or commercial instruction permit for any person
1240 for whom the department receives notification pursuant to 49
1241 C.F.R. s. 382.501(a) that the person is prohibited from
1242 operating a commercial vehicle.
1243 (2) Beginning November 18, 2024, the department shall
1244 downgrade the commercial driver license or commercial
1245 instruction permit of any driver if the department receives
1246 notification that, pursuant to 49 C.F.R. s. 382.501(a), the
1247 driver is prohibited from operating a commercial motor vehicle.
1248 Any such downgrade must be completed and recorded by the
1249 department in the Commercial Driver’s License Information System
1250 within 60 days after the department’s receipt of such
1251 notification.
1252 (3)(a) Beginning November 18, 2024, upon receipt of
1253 notification pursuant to 49 C.F.R. s. 382.501(a) that a driver
1254 is prohibited from operating a commercial motor vehicle, the
1255 department shall immediately notify the driver who is the
1256 subject of such notification that he or she is prohibited from
1257 operating a commercial motor vehicle and, upon his or her
1258 request, must afford him or her an opportunity for an informal
1259 hearing pursuant to this section. The department’s notice must
1260 be provided to the driver in the same manner as, and providing
1261 such notice has the same effect as, notices provided pursuant to
1262 s. 322.251(1) and (2).
1263 (b) Such informal hearing must be requested not later than
1264 20 days after the driver receives the notice of the downgrade.
1265 If a request for a hearing, together with the filing fee
1266 required pursuant to s. 322.21, is not received within 20 days
1267 after receipt of such notice, the department must enter a final
1268 order directing the downgrade of the driver’s commercial driver
1269 license or commercial instruction permit, unless the department
1270 receives notification pursuant to 49 C.F.R. s. 382.503(a) that
1271 the driver is no longer prohibited from operating a commercial
1272 motor vehicle.
1273 (c) A hearing requested pursuant to paragraph (b) must be
1274 scheduled and held not later than 30 days after receipt by the
1275 department of a request for the hearing, together with the
1276 filing fee required pursuant to s. 322.21. The submission of a
1277 request for hearing pursuant to paragraph (b) tolls the deadline
1278 to file a petition for writ of certiorari pursuant to s. 322.31
1279 until after the department enters a final order after a hearing
1280 pursuant to paragraph (b).
1281 (d) The informal hearing authorized pursuant to this
1282 subsection is exempt from chapter 120. Such hearing must be
1283 conducted before a hearing officer designated by the department.
1284 The hearing officer may conduct such hearing from any location
1285 in this state by means of communications technology.
1286 (e) The notification received by the department pursuant to
1287 49 C.F.R. s. 382.501(a) must be in the record for consideration
1288 by the hearing officer and in any proceeding pursuant to s.
1289 322.31 and is considered self-authenticating. The basis for the
1290 notification received by the department pursuant to 49 C.F.R. s.
1291 382.501(a) and the information in the Commercial Driver’s
1292 License Drug and Alcohol Clearinghouse which resulted in such
1293 notification are not subject to challenge in the hearing or in
1294 any proceeding brought under s. 322.31.
1295 (f) If, before the entry of a final order arising from a
1296 notification received by the department pursuant to 49 C.F.R. s.
1297 382.501(a), the department receives notification pursuant to 49
1298 C.F.R. s. 382.503(a) that the driver is no longer prohibited
1299 from operating a commercial motor vehicle, the department must
1300 dismiss the action to downgrade the driver’s commercial driver
1301 license or commercial instruction permit.
1302 (g) Upon the entry of a final order that results in the
1303 downgrade of a driver’s commercial driver license or commercial
1304 instruction permit, the department shall record immediately in
1305 the driver’s record that the driver is disqualified from
1306 operating or driving a commercial motor vehicle. The downgrade
1307 of a commercial driver license or commercial instruction permit
1308 pursuant to a final order entered pursuant to this section, and,
1309 upon the entry of a final order, the recording in the driver’s
1310 record that the driver subject to such a final order is
1311 disqualified from operating or driving a commercial motor
1312 vehicle, are not stayed during the pendency of any proceeding
1313 pursuant to s. 322.31.
1314 (h) If, after the entry of a final order that results in
1315 the downgrade of a driver’s commercial driver license or
1316 commercial instruction permit and the department recording in
1317 the driver’s record that the driver is disqualified from
1318 operating or driving a commercial motor vehicle, the department
1319 receives notification pursuant to 49 C.F.R. s. 382.503(a) that
1320 the driver is no longer prohibited from operating a commercial
1321 motor vehicle, the department must reinstate the driver’s
1322 commercial driver license or commercial instruction permit upon
1323 application by such driver.
1324 (i) The department is not liable for any commercial driver
1325 license or commercial instruction permit downgrade resulting
1326 from the discharge of its duties.
1327 (j) This section is the exclusive procedure for the
1328 downgrade of a commercial driver license or commercial
1329 instruction permit following notification received by the
1330 department that, pursuant to 49 C.F.R. s. 382.501(a), a driver
1331 is prohibited from operating a commercial motor vehicle.
1332 (k) The downgrade of a commercial driver license or
1333 commercial instruction permit of a person pursuant to this
1334 section does not preclude the suspension of the driving
1335 privilege for that person pursuant to s. 322.2615 or the
1336 disqualification of that person from operating a commercial
1337 motor vehicle pursuant to s. 322.64. The driving privilege of a
1338 person whose commercial driver license or commercial instruction
1339 permit has been downgraded pursuant to this section also may be
1340 suspended for a violation of s. 316.193.
1341 (4) Beginning November 18, 2024, a driver for whom the
1342 department receives notification that, pursuant to 49 C.F.R. s.
1343 382.501(a), such person is prohibited from operating a
1344 commercial motor vehicle may, if otherwise qualified, be issued
1345 a Class E driver license pursuant to s. 322.251(4), valid for
1346 the length of his or her unexpired license period, at no cost.
1347 Section 24. Subsection (2) of section 322.34, Florida
1348 Statutes, is amended to read:
1349 322.34 Driving while license suspended, revoked, canceled,
1350 or disqualified.—
1351 (2) Any person whose driver license or driving privilege
1352 has been canceled, suspended, or revoked as provided by law, or
1353 who does not have a driver license or driving privilege but is
1354 under suspension or revocation equivalent status as defined in
1355 s. 322.01 s. 322.01(42), except persons defined in s. 322.264,
1356 who, knowing of such cancellation, suspension, revocation, or
1357 suspension or revocation equivalent status, drives any motor
1358 vehicle upon the highways of this state while such license or
1359 privilege is canceled, suspended, or revoked, or while under
1360 suspension or revocation equivalent status, commits:
1361 (a) A misdemeanor of the second degree, punishable as
1362 provided in s. 775.082 or s. 775.083.
1363 (b)1. A misdemeanor of the first degree, punishable as
1364 provided in s. 775.082 or s. 775.083, upon a second or
1365 subsequent conviction, except as provided in paragraph (c).
1366 2. A person convicted of a third or subsequent conviction,
1367 except as provided in paragraph (c), must serve a minimum of 10
1368 days in jail.
1369 (c) A felony of the third degree, punishable as provided in
1370 s. 775.082, s. 775.083, or s. 775.084, upon a third or
1371 subsequent conviction if the current violation of this section
1372 or the most recent prior violation of the section is related to
1373 driving while license canceled, suspended, revoked, or
1374 suspension or revocation equivalent status resulting from a
1375 violation of:
1376 1. Driving under the influence;
1377 2. Refusal to submit to a urine, breath-alcohol, or blood
1378 alcohol test;
1379 3. A traffic offense causing death or serious bodily
1380 injury; or
1381 4. Fleeing or eluding.
1382
1383 The element of knowledge is satisfied if the person has been
1384 previously cited as provided in subsection (1); or the person
1385 admits to knowledge of the cancellation, suspension, or
1386 revocation, or suspension or revocation equivalent status; or
1387 the person received notice as provided in subsection (4). There
1388 is shall be a rebuttable presumption that the knowledge
1389 requirement is satisfied if a judgment or order as provided in
1390 subsection (4) appears in the department’s records for any case
1391 except for one involving a suspension by the department for
1392 failure to pay a traffic fine or for a financial responsibility
1393 violation.
1394 Section 25. Subsection (4) of section 322.61, Florida
1395 Statutes, is amended to read:
1396 322.61 Disqualification from operating a commercial motor
1397 vehicle.—
1398 (4) Any person who is transporting hazardous materials as
1399 defined in s. 322.01 s. 322.01(24) shall, upon conviction of an
1400 offense specified in subsection (3), is be disqualified from
1401 operating a commercial motor vehicle for a period of 3 years.
1402 The penalty provided in this subsection is shall be in addition
1403 to any other applicable penalty.
1404 Section 26. Subsection (3) of section 324.0221, Florida
1405 Statutes, is amended to read:
1406 324.0221 Reports by insurers to the department; suspension
1407 of driver license and vehicle registrations; reinstatement.—
1408 (3) An operator or owner whose driver license or
1409 registration has been suspended under this section or s. 316.646
1410 may effect its reinstatement upon compliance with the
1411 requirements of this section and upon payment to the department
1412 of a nonrefundable reinstatement fee of $150 for the first
1413 reinstatement. The reinstatement fee is $250 for the second
1414 reinstatement and $500 for each subsequent reinstatement during
1415 the 3 years following the first reinstatement. A person
1416 reinstating her or his insurance under this subsection must also
1417 secure noncancelable coverage as described in ss. 324.021(8),
1418 324.023, and 627.7275(2) and present to the appropriate person
1419 proof that the coverage is in force on a form adopted by the
1420 department, and such proof must shall be maintained for 2 years.
1421 If the person does not have a second reinstatement within 3
1422 years after her or his initial reinstatement, the reinstatement
1423 fee is $150 for the first reinstatement after that 3-year
1424 period. If a person’s license and registration are suspended
1425 under this section or s. 316.646, only one reinstatement fee
1426 must be paid to reinstate the license and the registration. All
1427 fees must shall be collected by the department at the time of
1428 reinstatement. The department shall issue proper receipts for
1429 such fees and shall promptly deposit those fees in the Highway
1430 Safety Operating Trust Fund. One-third of the fees collected
1431 under this subsection must shall be distributed from the Highway
1432 Safety Operating Trust Fund to the local governmental entity or
1433 state agency that employed the law enforcement officer seizing
1434 the license plate pursuant to s. 324.201. The funds may be used
1435 by the local governmental entity or state agency for any
1436 authorized purpose.
1437 Section 27. Section 324.131, Florida Statutes, is amended
1438 to read:
1439 324.131 Period of suspension.—Such license, registration
1440 and nonresident’s operating privilege must shall remain so
1441 suspended and may shall not be renewed, nor may shall any such
1442 license or registration be thereafter issued in the name of such
1443 person, including any such person not previously licensed,
1444 unless and until every such judgment is stayed, satisfied in
1445 full or to the extent of the limits stated in s. 324.021(7) and
1446 until the said person gives proof of financial responsibility as
1447 provided in s. 324.031, such proof to be maintained for 3 years.
1448 In addition, if the person’s license or registration has been
1449 suspended or revoked due to a violation of s. 316.193 or
1450 pursuant to s. 322.26(2), that person must shall maintain
1451 noncancelable liability coverage for each motor vehicle
1452 registered in his or her name, as described in s. 627.7275(2),
1453 and must present proof that coverage is in force on a form
1454 adopted by the Department of Highway Safety and Motor Vehicles,
1455 such proof to be maintained for 3 years.
1456 Section 28. Paragraph (g) of subsection (3) of section
1457 627.311, Florida Statutes, is amended to read:
1458 627.311 Joint underwriters and joint reinsurers; public
1459 records and public meetings exemptions.—
1460 (3) The office may, after consultation with insurers
1461 licensed to write automobile insurance in this state, approve a
1462 joint underwriting plan for purposes of equitable apportionment
1463 or sharing among insurers of automobile liability insurance and
1464 other motor vehicle insurance, as an alternate to the plan
1465 required in s. 627.351(1). All insurers authorized to write
1466 automobile insurance in this state shall subscribe to the plan
1467 and participate therein. The plan is shall be subject to
1468 continuous review by the office which may at any time disapprove
1469 the entire plan or any part thereof if it determines that
1470 conditions have changed since prior approval and that in view of
1471 the purposes of the plan changes are warranted. Any disapproval
1472 by the office is shall be subject to the provisions of chapter
1473 120. The Florida Automobile Joint Underwriting Association is
1474 created under the plan. The plan and the association:
1475 (g) Must make available noncancelable coverage as provided
1476 in s. 627.7275(2).
1477 Section 29. Subsection (1) of section 627.351, Florida
1478 Statutes, is amended to read:
1479 627.351 Insurance risk apportionment plans.—
1480 (1) MOTOR VEHICLE INSURANCE RISK APPORTIONMENT.—Agreements
1481 may be made among casualty and surety insurers with respect to
1482 the equitable apportionment among them of insurance that which
1483 may be afforded applicants who are in good faith entitled to,
1484 but are unable to, procure such insurance through ordinary
1485 methods, and such insurers may agree among themselves on the use
1486 of reasonable rate modifications for such insurance. Such
1487 agreements and rate modifications are shall be subject to the
1488 approval of the office. The office shall, after consultation
1489 with the insurers licensed to write automobile liability
1490 insurance in this state, adopt a reasonable plan or plans for
1491 the equitable apportionment among such insurers of applicants
1492 for such insurance who are in good faith entitled to, but are
1493 unable to, procure such insurance through ordinary methods, and,
1494 when such plan has been adopted, all such insurers shall
1495 subscribe to and participate in the plan thereto and shall
1496 participate therein. Such plan or plans shall include rules for
1497 classification of risks and rates therefor. The plan or plans
1498 shall make available noncancelable coverage as provided in s.
1499 627.7275(2). Any insured placed with the plan must shall be
1500 notified of the fact that insurance coverage is being afforded
1501 through the plan and not through the private market, and such
1502 notification must shall be given in writing within 10 days of
1503 such placement. To assure that plan rates are made adequate to
1504 pay claims and expenses, insurers shall develop a means of
1505 obtaining loss and expense experience at least annually, and the
1506 plan shall file such experience, when available, with the office
1507 in sufficient detail to make a determination of rate adequacy.
1508 Prior to the filing of such experience with the office, the plan
1509 shall poll each member insurer as to the need for an actuary who
1510 is a member of the Casualty Actuarial Society and who is not
1511 affiliated with the plan’s statistical agent to certify the
1512 plan’s rate adequacy. If a majority of those insurers responding
1513 indicate a need for such certification, the plan must shall
1514 include the certification as part of its experience filing. Such
1515 experience shall be filed with the office not more than 9 months
1516 following the end of the annual statistical period under review,
1517 together with a rate filing based on such said experience. The
1518 office shall initiate proceedings to disapprove the rate and so
1519 notify the plan or shall finalize its review within 60 days
1520 after of receipt of the filing. Notification to the plan by the
1521 office of its preliminary findings, which include a point of
1522 entry to the plan pursuant to chapter 120, tolls shall toll the
1523 60-day period during any such proceedings and subsequent
1524 judicial review. The rate is shall be deemed approved if the
1525 office does not issue notice to the plan of its preliminary
1526 findings within 60 days after of the filing. In addition to
1527 provisions for claims and expenses, the ratemaking formula must
1528 shall include a factor for projected claims trending and 5
1529 percent for contingencies. In no instance shall The formula may
1530 not include a renewal discount for plan insureds. However, the
1531 plan shall reunderwrite each insured on an annual basis, based
1532 upon all applicable rating factors approved by the office. Trend
1533 factors may shall not be found to be inappropriate if they are
1534 not in excess of trend factors normally used in the development
1535 of residual market rates by the appropriate licensed rating
1536 organization. Each application for coverage in the plan must
1537 shall include, in boldfaced 12-point type immediately preceding
1538 the applicant’s signature, the following statement:
1539
1540 “THIS INSURANCE IS BEING AFFORDED THROUGH THE FLORIDA
1541 JOINT UNDERWRITING ASSOCIATION AND NOT THROUGH THE
1542 PRIVATE MARKET. PLEASE BE ADVISED THAT COVERAGE WITH A
1543 PRIVATE INSURER MAY BE AVAILABLE FROM ANOTHER AGENT AT
1544 A LOWER COST. AGENT AND COMPANY LISTINGS ARE AVAILABLE
1545 IN THE LOCAL YELLOW PAGES.”
1546
1547 The plan shall annually report to the office the number and
1548 percentage of plan insureds who are not surcharged due to their
1549 driving record.
1550 Section 30. Paragraph (b) of subsection (2) of section
1551 627.7275, Florida Statutes, is amended to read:
1552 627.7275 Motor vehicle liability.—
1553 (2)
1554 (b) The policies described in paragraph (a) must shall be
1555 issued for at least 6 months and, as to the minimum coverages
1556 required under this section, may not be canceled by the insured
1557 for any reason or by the insurer after 60 days, during which
1558 period the insurer is completing the underwriting of the policy.
1559 After the insurer has issued completed underwriting the policy,
1560 the insurer shall notify the Department of Highway Safety and
1561 Motor Vehicles that the policy is in full force and effect and
1562 is not cancelable for the remainder of the policy period. A
1563 premium shall be collected and the coverage is in effect for the
1564 60-day period during which the insurer is completing the
1565 underwriting of the policy whether or not the person’s driver
1566 license, motor vehicle tag, and motor vehicle registration are
1567 in effect. Once the noncancelable provisions of the policy
1568 becomes become effective, the coverages for bodily injury,
1569 property damage, and personal injury protection may not be
1570 reduced during the policy period below the minimum limits
1571 required under s. 324.021 or s. 324.023 during the policy
1572 period.
1573 Section 31. Except as otherwise expressly provided in this
1574 act, this act shall take effect July 1, 2023.
1575
1576 ================= T I T L E A M E N D M E N T ================
1577 And the title is amended as follows:
1578 Delete everything before the enacting clause
1579 and insert:
1580 A bill to be entitled
1581 An act relating to the Department of Highway Safety
1582 and Motor Vehicles; amending s. 207.004, F.S.;
1583 requiring the department or its authorized agent to
1584 issue certain licenses and fuel tax decals; amending
1585 s. 316.066, F.S.; requiring all entities required to
1586 submit crash reports to provide uniform crash reports
1587 to the department using a certain electronic form and
1588 reporting method; defining the term “nonproprietary”;
1589 requiring that such crash reports be consistent with
1590 certain rules and procedures and be numbered and
1591 inventoried; revising the parties to which crash
1592 reports must be made immediately available; providing
1593 a declaration of important state interest; amending s.
1594 316.2935, F.S.; providing an exception to requirements
1595 for certification of air pollution control equipment
1596 by a motor vehicle seller, lessor, or transferor;
1597 amending s. 316.302, F.S.; revising the list of
1598 federal rules and regulations to which owners and
1599 drivers of certain commercial motor vehicles are
1600 subject; amending s. 319.14, F.S.; requiring that a
1601 certificate of title for a flood vehicle specify the
1602 type of water that caused damage to the vehicle, as
1603 applicable; revising the definition of the term “flood
1604 vehicle”; making technical changes; amending s.
1605 319.23, F.S.; making technical changes; amending s.
1606 319.28, F.S.; providing that a certain affidavit
1607 constitutes proof of ownership and right of possession
1608 to a motor vehicle or mobile home the previous owner
1609 of which died testate; amending s. 319.29, F.S.;
1610 prohibiting the department or a tax collector from
1611 charging a fee for reissuance of certain certificates
1612 of title; amending s. 319.30, F.S.; revising the
1613 definition of the terms “independent entity” and
1614 “major component parts”; defining the term “vessel”;
1615 extending current requirements for an independent
1616 entity’s release of a damaged or dismantled vehicle to
1617 include vessels; authorizing the independent entity to
1618 apply for certain certificates for an unclaimed
1619 vessel; providing requirements for such application;
1620 specifying provisions to which the independent entity
1621 is subject; prohibiting the independent entity from
1622 charging vessel storage fees; amending s. 320.06,
1623 F.S.; authorizing permanent registration of certain
1624 rental trucks; authorizing the department to deem a
1625 license plate with reduced dimensions to be necessary
1626 to accommodate trailers; making technical changes;
1627 amending s. 320.0605, F.S.; authorizing a uniform
1628 paper or electronic format of the registration
1629 certificate for a motor vehicle; specifying that
1630 presenting an electronic registration certificate to a
1631 law enforcement officer or agent does not constitute
1632 consent for the officer or agent to access certain
1633 information; making technical changes; amending s.
1634 320.08056, F.S.; deleting plate registration
1635 requirements for out-of-state college or university
1636 license plates; providing applicability; amending s.
1637 320.08058, F.S.; revising requirements regarding
1638 collegiate license plates; authorizing the department
1639 to reauthorize discontinued collegiate license plates
1640 under certain circumstances; revising the distribution
1641 of annual use fees for the “Protect Florida Springs”
1642 license plate; revising the design requirements of the
1643 “American Eagle” license plate; defining the term
1644 “immediate relative”; revising eligibility
1645 requirements for the “Divine Nine” license plate;
1646 renaming the “Give the Kids the World” specialty
1647 license plate as the “Universal Orlando Resort”
1648 specialty license plate; directing the department to
1649 develop a “Florida Association of Realtors” license
1650 plate; providing for distribution and use of fees
1651 collected from the sale of the plate; amending s.
1652 320.084, F.S.; providing that certain disabled
1653 veterans may, upon request, be issued a military
1654 license plate or specialty license plate in lieu of a
1655 “DV” license plate; specifying applicable fees;
1656 specifying nonapplicability of certain provisions;
1657 amending s. 322.01, F.S.; revising definitions;
1658 defining the term “downgrade”; amending s. 322.02,
1659 F.S.; charging the department with enforcement and
1660 administration of certain federal provisions; amending
1661 s. 322.05, F.S.; prohibiting the department from
1662 issuing a commercial motor vehicle operator license to
1663 certain persons; amending s. 322.07, F.S.; revising
1664 requirements for issuance of a temporary commercial
1665 instruction permit; amending s. 322.141, F.S.;
1666 requiring that certain information on the driver
1667 license or identification card of a sexual offender or
1668 sexual predator be printed in red; amending s.
1669 322.142, F.S.; authorizing the department to issue
1670 reproductions of certain files and records to certain
1671 criminal justice or driver licensing agencies for
1672 certain purposes; amending s. 322.21, F.S.;
1673 authorizing reinstatement of a commercial driver
1674 license after a downgrade of the person’s privilege to
1675 operate a commercial motor vehicle under certain
1676 circumstances; making technical changes; creating s.
1677 322.591, F.S.; requiring the department to obtain a
1678 driver’s record from the Commercial Driver’s License
1679 Drug and Alcohol Clearinghouse under certain
1680 circumstances; prohibiting the department from
1681 issuing, renewing, transferring, or revising the types
1682 of authorized vehicles or the endorsements of certain
1683 commercial driver licenses or commercial instruction
1684 permits if the department receives a certain
1685 notification; requiring the department to downgrade a
1686 commercial driver license or commercial instruction
1687 permit within a specified timeframe if the department
1688 receives a certain notification; requiring the
1689 department to notify certain drivers of their
1690 prohibition from operating a commercial motor vehicle
1691 and, upon request, afford them an opportunity for an
1692 informal hearing; providing requirements for such
1693 notice and hearing; requiring the department to enter
1694 a final order to downgrade a commercial driver license
1695 or commercial instruction permit under certain
1696 circumstances; specifying that a request for a hearing
1697 tolls certain deadlines; specifying that certain
1698 notifications received by the department must be in
1699 the record for consideration and are self
1700 authenticating; specifying that the basis for the
1701 notification and the information in the Commercial
1702 Driver’s License Drug and Alcohol Clearinghouse is not
1703 subject to challenge; requiring the department to
1704 dismiss the downgrade of a commercial driver license
1705 or commercial instruction permit under certain
1706 circumstances; requiring the department to record in
1707 the driver’s record that he or she is disqualified
1708 from operating a commercial motor vehicle under
1709 certain circumstances; specifying that certain actions
1710 are not stayed during the pendency of certain
1711 proceedings; requiring the department to reinstate a
1712 commercial driver license or commercial instruction
1713 permit under certain circumstances; exempting the
1714 department from liability for certain commercial
1715 driver license or commercial instruction permit
1716 downgrades; designating the exclusive procedure for
1717 the downgrade of certain commercial driver licenses or
1718 commercial instruction permits; providing construction
1719 and applicability; authorizing the department to issue
1720 at no cost a specified driver license to certain
1721 persons prohibited from operating a commercial motor
1722 vehicle; amending ss. 322.34 and 322.61, F.S.;
1723 conforming cross-references; making technical changes;
1724 amending ss. 324.0221, 324.131, 627.311, and 627.351,
1725 F.S.; conforming provisions to changes made by the
1726 act; making technical changes; amending s. 627.7275,
1727 F.S.; deleting provisions relating to noncancelable
1728 motor vehicle insurance; making technical changes;
1729 providing effective dates.