Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 44
       
       
       
       
       
       
                                Ì817170ÆÎ817170                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Transportation (Rodriguez) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 40 - 51
    4  and insert:
    5  as provided in chapter 318. A person may not knowingly use a
    6  license plate obscuring device as defined in s. 320.262(1) or
    7  apply or attach a substance, reflective matter, illuminated
    8  device, spray, coating, covering, or other material onto or
    9  around any license plate which interferes with the legibility,
   10  angular visibility, or detectability of any feature or detail on
   11  the license plate or interferes with the ability to record any
   12  feature or detail on the license plate. A person who so
   13  interferes with a license plate commits a misdemeanor of the
   14  second degree, punishable as provided in s. 775.082 or s.
   15  775.083 violates this section commits a noncriminal traffic
   16  infraction, punishable as a moving violation as provided in
   17  chapter 318.
   18         Section 3. Section 320.262, Florida Statutes, is created to
   19  read:
   20         320.262 License plate obscuring device prohibited;
   21  penalties; enhanced penalties for license plate offenses.—
   22         (1) For purposes of this section, the term “license plate
   23  obscuring device” means a manual, electronic, or mechanical
   24  device designed or adapted to be installed on a motor vehicle
   25  which:
   26         (a)Switches between two or more license plates for the
   27  purpose of allowing a motor vehicle operator to change the
   28  license plate displayed on the motor vehicle;
   29         (b)Hides a license plate from view by flipping the license
   30  plate so that the license plate number is not visible;
   31         (c)Covers, obscures, or otherwise interferes with the
   32  legibility, angular visibility, or detectability of any feature
   33  or detail on the license plate; or
   34         (d)Interferes with the ability to record any feature or
   35  detail on the license plate.
   36         (2)A person may not purchase or possess a license plate
   37  obscuring device. A person who violates this subsection commits
   38  a misdemeanor of the second degree, punishable as provided in s.
   39  775.082 or s. 775.083.
   40         (3)A person may not manufacture, sell, offer to sell, or
   41  otherwise distribute a license plate obscuring device. A person
   42  who violates this subsection commits a misdemeanor of the first
   43  degree, punishable as provided in s. 775.082 or s. 775.083.
   44         (4)(a)A person who, during the commission of any other
   45  crime, knowingly violates s. 320.061 or s. 320.261 commits a
   46  felony of the third degree, punishable as provided in s. 775.082
   47  or s. 775.083.
   48         (b)A person who violates paragraph (a) is subject to
   49  enhanced penalties for the other crime as follows:
   50         1.A misdemeanor of the second degree shall be punished as
   51  if it were a misdemeanor of the first degree.
   52         2.A misdemeanor of the first degree shall be punished as
   53  if it were a felony of the third degree.
   54         3.A felony of the third degree shall be punished as if it
   55  were a felony of the second degree.
   56         4.A felony of the second degree shall be punished as if it
   57  were a felony of the first degree.
   58         5.A felony of the first degree shall be punished as if it
   59  were a life felony.
   60         Section 4. This act shall take effect October 1, 2025.
   61  
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete lines 6 - 11
   65  and insert:
   66         felony; amending s. 320.061, F.S.; prohibiting a
   67         person from knowingly using a license plate obscuring
   68         device; providing criminal penalties; reclassifying
   69         the offense of interfering with the legibility,
   70         angular visibility, or detectability of any feature or
   71         detail on a license plate or interfering with the
   72         ability to record any feature on a license plate as a
   73         misdemeanor of the second degree; creating s. 320.262,
   74         F.S.; defining the term “license plate obscuring
   75         device”; prohibiting the purchase, possession,
   76         manufacture, sale, offering for sale, or distribution
   77         of a license plate obscuring device; providing
   78         criminal penalties; providing criminal penalties for
   79         using a license plate obscuring device, knowingly
   80         attaching to a motor vehicle a license plate that was
   81         not assigned or transferred to the motor vehicle,
   82         altering the original appearance of a license plate,
   83         or interfering with the legibility, angular
   84         visibility, or detectability of any feature or detail
   85         on a license plate during the commission of a crime;
   86         providing criminal penalty enhancements for a crime
   87         committed while using a license plate obscuring
   88         device, knowingly attaching to a motor vehicle a
   89         license plate that was not assigned or transferred to
   90         the motor vehicle, altering the original appearance of
   91         a license plate, or interfering with the legibility,
   92         angular visibility, or detectability of any feature or
   93         detail on a license plate; providing an effective
   94         date.