Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. PCS (472918) for CS for SB 1104
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LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (1) of section 20.23, Florida
6 Statutes, is amended to read:
7 20.23 Department of Transportation.—There is created a
8 Department of Transportation which shall be a decentralized
9 agency.
10 (1)(a) The Department of Transportation shall consist of:
11 1. A central office, which establishes policies and
12 procedures; and
13 2. Districts, which carry out projects as authorized or
14 required under the policies and procedures of the central office
15 established pursuant to paragraph (3)(a).
16 (b)(a) The head of the Department of Transportation is the
17 Secretary of Transportation. The secretary shall be appointed by
18 the Governor, from among three persons nominated by the Florida
19 Transportation Commission and shall be subject to confirmation
20 by the Senate. The secretary shall serve at the pleasure of the
21 Governor.
22 (c)(b) The secretary shall be a proven, effective
23 administrator who, by a combination of education and experience,
24 clearly possesses shall clearly possess a broad knowledge of the
25 administrative, financial, and technical aspects of the
26 development, operation, and regulation of transportation systems
27 and facilities or comparable systems and facilities.
28 (d)(c) The secretary shall provide to the Florida
29 Transportation Commission or its staff, such assistance,
30 information, and documents as are requested by the commission or
31 its staff to enable the commission to fulfill its duties and
32 responsibilities.
33 (e)(d) The secretary may appoint up to three assistant
34 secretaries who shall be directly responsible to the secretary
35 and who shall perform such duties as are assigned by the
36 secretary. The secretary shall designate to an assistant
37 secretary the duties related to enhancing economic prosperity,
38 including, but not limited to, the responsibility of liaison
39 with the head of economic development in the Executive Office of
40 the Governor. Such assistant secretary shall be directly
41 responsible for providing the Executive Office of the Governor
42 with investment opportunities and transportation projects that
43 expand the state’s role as a global hub for trade and investment
44 and enhance the supply chain system in the state to process,
45 assemble, and ship goods to markets throughout the eastern
46 United States, Canada, the Caribbean, and Latin America. The
47 secretary may delegate to any assistant secretary the authority
48 to act in the absence of the secretary.
49 (f)(e) Any secretary appointed after July 5, 1989, and the
50 assistant secretaries shall be exempt from the provisions of
51 part III of chapter 110 and shall receive compensation
52 commensurate with their qualifications and competitive with
53 compensation for comparable responsibility in the private
54 sector.
55 Section 2. Subsection (20) of section 316.003, Florida
56 Statutes, is amended, present subsections (21) through (37) of
57 that section are redesignated as subsections (20) through (36),
58 respectively, new subsections (37) and (52) are added to that
59 section, present subsections (52) through (99) of that section
60 are redesignated as subsections (53) through (100),
61 respectively, and subsections (40) and (51) and present
62 subsections (57) and (97) of that section are amended, to read:
63 316.003 Definitions.—The following words and phrases, when
64 used in this chapter, shall have the meanings respectively
65 ascribed to them in this section, except where the context
66 otherwise requires:
67 (20) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
68 automation and safety technology that integrates sensor array,
69 wireless vehicle-to-vehicle communications, active safety
70 systems, and specialized software to link safety systems and
71 synchronize acceleration and braking between two vehicles while
72 leaving each vehicle’s steering control and systems command in
73 the control of the vehicle’s driver in compliance with the
74 National Highway Traffic Safety Administration rules regarding
75 vehicle-to-vehicle communications.
76 (37) MOBILE CARRIER.—An electrically powered device that:
77 (a) Is operated on sidewalks and crosswalks and is intended
78 primarily for transporting property;
79 (b) Weighs less than 80 pounds, excluding cargo;
80 (c) Has a maximum speed of 12.5 mph; and
81 (d) Is equipped with a technology to transport personal
82 property with the active monitoring of a property owner, and
83 primarily designed to remain within 25 feet of the property
84 owner.
85
86 A mobile carrier is not considered a vehicle or personal
87 delivery device unless expressly defined by law as a vehicle or
88 personal delivery device.
89 (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
90 self-propelled vehicle not operated upon rails or guideway, but
91 not including any bicycle, motorized scooter, electric personal
92 assistive mobility device, mobile carrier, personal delivery
93 device, swamp buggy, or moped. For purposes of s. 316.1001,
94 “motor vehicle” has the same meaning as provided in s.
95 320.01(1)(a).
96 (51) PERSONAL DELIVERY DEVICE.—An electrically powered
97 device that:
98 (a) Is operated on sidewalks and crosswalks and intended
99 primarily for transporting property;
100 (b) Weighs less than 100 80 pounds, excluding cargo;
101 (c) Has a maximum speed of 10 miles per hour; and
102 (d) Is equipped with technology to allow for operation of
103 the device with or without the active control or monitoring of a
104 natural person.
105
106 A personal delivery device is not considered a vehicle unless
107 expressly defined by law as a vehicle. A mobile carrier is not
108 considered a personal delivery device.
109 (52) PLATOON.—A group of individual truck-tractor semi
110 trailer combinations which do not require placards traveling in
111 a unified manner via wireless communications at electronically
112 coordinated speeds and following distances.
113 (58)(57) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
114 provided in paragraph (80)(b) (79)(b), any privately owned way
115 or place used for vehicular travel by the owner and those having
116 express or implied permission from the owner, but not by other
117 persons.
118 (98)(97) VEHICLE.—Every device in, upon, or by which any
119 person or property is or may be transported or drawn upon a
120 highway, except personal delivery devices, mobile carriers, and
121 devices used exclusively upon stationary rails or tracks.
122 Section 3. Paragraph (b) of subsection (7) of section
123 316.008, Florida Statutes, is amended to read:
124 316.008 Powers of local authorities.—
125 (7)
126 (b)1. Except as provided in subparagraph 2., a personal
127 delivery device and a mobile carrier may be operated on
128 sidewalks and crosswalks within a county or municipality when
129 such use is permissible under federal law. This paragraph does
130 not restrict a county or municipality from otherwise adopting
131 regulations for the safe operation of personal delivery devices
132 and mobile carriers.
133 2. A personal delivery device may not be operated on the
134 Florida Shared-Use Nonmotorized Trail Network created under s.
135 339.81 or components of the Florida Greenways and Trails System
136 created under chapter 260.
137 Section 4. Section 316.0895, Florida Statutes, is amended
138 to read:
139 316.0895 Following too closely.—
140 (1) The driver of a motor vehicle shall not follow another
141 vehicle more closely than is reasonable and prudent, having due
142 regard for the speed of such vehicles and the traffic upon, and
143 the condition of, the highway. This section may not be construed
144 to prevent overtaking and passing.
145 (2) It is unlawful for the driver of any motor truck, motor
146 truck drawing another vehicle, or vehicle towing another vehicle
147 or trailer, when traveling upon a roadway outside of a business
148 or residence district, to follow within 300 feet of another
149 motor truck, motor truck drawing another vehicle, or vehicle
150 towing another vehicle or trailer. The provisions of this
151 subsection shall not be construed to prevent overtaking and
152 passing nor shall the same apply upon any lane specially
153 designated for use by motor trucks or other slow-moving
154 vehicles.
155 (2)(3) Motor vehicles being driven upon any roadway outside
156 of a business or residence district in a caravan or motorcade,
157 whether or not towing other vehicles, shall be so operated as to
158 allow sufficient space between each such vehicle or combination
159 of vehicles as to enable any other vehicle to enter and occupy
160 such space without danger. This provision shall not apply to
161 funeral processions.
162 (3)(4) A violation of this section is a noncriminal traffic
163 infraction, punishable as a moving violation as provided in
164 chapter 318.
165 Section 5. Section 316.0896, Florida Statutes, is repealed.
166 Section 6. Section 316.0897, Florida Statutes, is created
167 to read:
168 316.0897 Platoons.—
169 (1) A platoon may be operated on a roadway in this state
170 after an operator does all of the following:
171 (a) Provides notification to the Department of Highway
172 Safety and Motor Vehicles.
173 (b) Obtains a permit for such operation from the Department
174 of Transportation.
175 (2) The Department of Transportation shall adopt rules for
176 the issuance of permits for the operation of platoons. Such
177 rules shall be adopted in consultation with all interested
178 parties and must address all of the following:
179 (a) The safety of the traveling public.
180 (b) The preservation of infrastructure.
181 (c) Platooning technology.
182 (3) This section is repealed effective October 1, 2023,
183 unless reviewed and saved from repeal by the Legislature.
184 Section 7. Section 316.2071, Florida Statutes, is amended
185 to read:
186 316.2071 Personal delivery devices and mobile carriers.—
187 (1) Notwithstanding any provision of law to the contrary, a
188 personal delivery device or mobile carrier may operate on
189 sidewalks and crosswalks, subject to s. 316.008(7)(b). A
190 personal delivery device or mobile carrier operating on a
191 sidewalk or crosswalk has all the rights and duties applicable
192 to a pedestrian under the same circumstances, except that the
193 personal delivery device or mobile carrier must not unreasonably
194 interfere with pedestrians or traffic and must yield the right
195 of-way to pedestrians on the sidewalk or crosswalk.
196 (2) A personal delivery device and a mobile carrier must:
197 (a) Obey all official traffic and pedestrian control
198 signals and devices.
199 (b) For personal delivery devices, include a plate or
200 marker that has a unique identifying device number and
201 identifies the name and contact information of the personal
202 delivery device operator.
203 (c) Be equipped with a braking system that, when active or
204 engaged, enables the personal delivery device or mobile carrier
205 to come to a controlled stop.
206 (3) A personal delivery device and a mobile carrier may
207 not:
208 (a) Operate on a public highway except to the extent
209 necessary to cross a crosswalk.
210 (b) Operate on a sidewalk or crosswalk unless the personal
211 delivery device operator is actively controlling or monitoring
212 the navigation and operation of the personal delivery device or
213 a property owner remains within 25 feet of the mobile carrier.
214 (c) Transport hazardous materials as defined in s. 316.003.
215 (4) A person who owns and operates a personal delivery
216 device in this state must maintain an insurance policy, on
217 behalf of himself or herself and his or her agents, which
218 provides general liability coverage of at least $100,000 for
219 damages arising from the combined operations of personal
220 delivery devices under the entity’s or agent’s control.
221 Section 8. Subsection (1) and paragraphs (a), (c), (d), and
222 (f) of subsection (2) of section 316.302, Florida Statutes, are
223 amended to read:
224 316.302 Commercial motor vehicles; safety regulations;
225 transporters and shippers of hazardous materials; enforcement.—
226 (1) Except as otherwise provided in subsection (3):
227 (a) All owners and drivers of commercial motor vehicles
228 that are operated on the public highways of this state while
229 engaged in interstate commerce are subject to the rules and
230 regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
231 (b) Except as otherwise provided in this section, all
232 owners or drivers of commercial motor vehicles that are engaged
233 in intrastate commerce are subject to the rules and regulations
234 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
235 the exception of 49 C.F.R. s. 390.5 as it relates to the
236 definition of bus, as such rules and regulations existed on
237 December 31, 2017 2012.
238 (c) The emergency exceptions provided by 49 C.F.R. s.
239 392.82 also apply to communications by utility drivers and
240 utility contractor drivers during a Level 1 activation of the
241 State Emergency Operations Center, as provided in the Florida
242 Comprehensive Emergency Management plan, or during a state of
243 emergency declared by executive order or proclamation of the
244 Governor.
245 (d) Except as provided in s. 316.215(5), and except as
246 provided in s. 316.228 for rear overhang lighting and flagging
247 requirements for intrastate operations, the requirements of this
248 section supersede all other safety requirements of this chapter
249 for commercial motor vehicles.
250 (e) For motor carriers engaged in intrastate commerce who
251 are not carrying hazardous materials in amounts that require
252 placards, the requirement for electronic logging devices and
253 hours of service support documents shall take effect December
254 31, 2018.
255 (2)(a) A person who operates a commercial motor vehicle
256 solely in intrastate commerce not transporting any hazardous
257 material in amounts that require placarding pursuant to 49
258 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
259 and 395.3 395.3(a) and (b).
260 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
261 operates a commercial motor vehicle solely in intrastate
262 commerce not transporting any hazardous material in amounts that
263 require placarding pursuant to 49 C.F.R. part 172 may not drive
264 after having been on duty more than 70 hours in any period of 7
265 consecutive days or more than 80 hours in any period of 8
266 consecutive days if the motor carrier operates every day of the
267 week. Thirty-four consecutive hours off duty shall constitute
268 the end of any such period of 7 or 8 consecutive days. This
269 weekly limit does not apply to a person who operates a
270 commercial motor vehicle solely within this state while
271 transporting, during harvest periods, any unprocessed
272 agricultural products or unprocessed food or fiber that is
273 subject to seasonal harvesting from place of harvest to the
274 first place of processing or storage or from place of harvest
275 directly to market or while transporting livestock, livestock
276 feed, or farm supplies directly related to growing or harvesting
277 agricultural products. Upon request of the Department of Highway
278 Safety and Motor Vehicles, motor carriers shall furnish time
279 records or other written verification to that department so that
280 the Department of Highway Safety and Motor Vehicles can
281 determine compliance with this subsection. These time records
282 must be furnished to the Department of Highway Safety and Motor
283 Vehicles within 2 days after receipt of that department’s
284 request. Falsification of such information is subject to a civil
285 penalty not to exceed $100. The provisions of This paragraph
286 does do not apply to operators of farm labor vehicles operated
287 during a state of emergency declared by the Governor or operated
288 pursuant to s. 570.07(21), and does do not apply to drivers of
289 utility service vehicles as defined in 49 C.F.R. s. 395.2.
290 (d) A person who operates a commercial motor vehicle solely
291 in intrastate commerce not transporting any hazardous material
292 in amounts that require placarding pursuant to 49 C.F.R. part
293 172 within a 150 air-mile radius of the location where the
294 vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
295 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
296 395.1(e)(1)(iii) and (v) are met. If a driver is not released
297 from duty within 12 hours after the driver arrives for duty, the
298 motor carrier must maintain documentation of the driver’s
299 driving times throughout the duty period.
300 (f) A person who operates a commercial motor vehicle having
301 a declared gross vehicle weight, gross vehicle weight rating,
302 and gross combined weight rating of less than 26,001 pounds
303 solely in intrastate commerce and who is not transporting
304 hazardous materials in amounts that require placarding pursuant
305 to 49 C.F.R. part 172, or who is transporting petroleum products
306 as defined in s. 376.301, is exempt from subsection (1).
307 However, such person must comply with 49 C.F.R. parts 382, 392,
308 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
309 Section 9. Subsection (3) of section 316.303, Florida
310 Statutes, is amended to read:
311 316.303 Television receivers.—
312 (3) This section does not prohibit the use of an electronic
313 display used in conjunction with a vehicle navigation system; an
314 electronic display used by an operator of a vehicle equipped
315 with autonomous technology, as defined in s. 316.003; or an
316 electronic display used by an operator of a platoon vehicle
317 equipped and operating with driver-assistive truck platooning
318 technology, as defined in s. 316.003.
319 Section 10. Subsection (3) is added to section 316.85,
320 Florida Statutes, to read:
321 316.85 Autonomous vehicles; operation.—
322 (3) The Florida Turnpike Enterprise may fund, construct,
323 and operate test facilities for the advancement of autonomous
324 and connected innovative transportation technology solutions for
325 the purposes of improving safety and decreasing congestion for
326 the traveling public and to otherwise advance the enterprise’s
327 objectives as set forth under the Florida Transportation Code.
328 Section 11. Section 319.141, Florida Statutes, is amended
329 to read:
330 319.141 Pilot rebuilt motor vehicle inspection program.—
331 (1) As used in this section, the term:
332 (a) “Facility” means a rebuilt motor vehicle inspection
333 facility authorized and operating under this section.
334 (b) “Rebuilt inspection services” means an examination of a
335 rebuilt vehicle and a properly endorsed certificate of title,
336 salvage certificate of title, or manufacturer’s statement of
337 origin and an application for a rebuilt certificate of title, a
338 rebuilder’s affidavit, a photograph of the junk or salvage
339 vehicle taken before repairs began, a photograph of the interior
340 driver and passenger sides of the vehicle if airbags were
341 previously deployed and replaced, receipts or invoices for all
342 major component parts, as defined in s. 319.30, and repairs
343 which were changed, and proof that notice of rebuilding of the
344 vehicle has been reported to the National Motor Vehicle Title
345 Information System.
346 (2) By July 1, 2015, The department shall oversee a pilot
347 program in Miami-Dade County to evaluate alternatives for
348 rebuilt inspection services offered by existing private sector
349 operators, including the continued use of private facilities,
350 the cost impact to consumers, and the potential savings to the
351 department.
352 (3) The department shall establish a memorandum of
353 understanding that allows private parties participating in the
354 pilot program to conduct rebuilt motor vehicle inspections and
355 specifies requirements for oversight, bonding and insurance,
356 procedures, and forms and requires the electronic transmission
357 of documents.
358 (4) Before an applicant is approved or renewed, the
359 department shall ensure that the applicant meets basic criteria
360 designed to protect the public. At a minimum, the applicant
361 shall meet all of the following requirements:
362 (a) Have and maintain a surety bond or irrevocable letter
363 of credit in the amount of $100,000 executed by the applicant.
364 (b) Secure and maintain a facility at a permanent fixed
365 structure which has at an address identified by a county-issued
366 tax folio number and recognized by the United States Postal
367 Service where the only services provided on such property are
368 rebuilt inspection services. The operator of a facility shall
369 annually attest that:
370 1. He or she is not employed by or does not have an
371 ownership interest in or other financial arrangement with the
372 owner, operator, manager, or employee of a motor vehicle repair
373 shop as defined in s. 559.903, a motor vehicle dealer as defined
374 in s. 320.27(1)(c), a towing company, a vehicle storage company,
375 a vehicle auction, an insurance company, a salvage yard, a metal
376 retailer, or a metal rebuilder, from which he or she receives
377 remuneration, directly or indirectly, for the referral of
378 customers for rebuilt inspection services;
379 2. There have been no changes to the ownership structure of
380 the approved facility; and
381 3. The only services being provided by the operator of the
382 facility at the property are rebuilt vehicle inspection services
383 approved by the department.
384 (c) Have and maintain garage liability and other insurance
385 required by the department.
386 (d) Have completed criminal background checks of the
387 owners, partners, and corporate officers and the inspectors
388 employed by the facility.
389 (e) Have a designated office and customer waiting area that
390 is separate from and not within view of the vehicle inspection
391 area. The vehicle inspection area must be capable of
392 accommodating all vehicle types and must be equipped with
393 cameras allowing the department to view and monitor every
394 inspection.
395 (f)(e) Meet any additional criteria the department
396 determines necessary to conduct proper inspections.
397 (5) A participant in the program shall access vehicle and
398 title information and enter inspection results through an
399 electronic filing system authorized by the department and shall
400 maintain records of each rebuilt vehicle inspection processed at
401 such facility for at least 5 years.
402 (6) A participant in the program may not conduct an
403 inspection of a vehicle rebuilt before its purchase by the
404 current applicant. Such vehicles must be inspected by the
405 department.
406 (7) Any applicant for a rebuilt title that fails an initial
407 rebuilt inspection may have that vehicle reinspected only by the
408 department or the facility that conducted the original
409 inspection.
410 (8) Any person or business authorized by the department to
411 train, certify, or recertify operators and inspectors of private
412 rebuilt motor vehicle inspection facilities may not certify or
413 recertify themselves or any of their employees.
414 (9)(6) The department shall conduct an onsite facility
415 inspection at least twice a year and shall immediately terminate
416 any operator from the program who fails to meet the minimum
417 eligibility requirements specified in subsection (4). Before any
418 a change in ownership or transfer of a rebuilt inspection
419 facility, the current operator must give the department 45 days’
420 written notice of the intended sale or transfer. The prospective
421 owner or transferee must meet the eligibility requirements of
422 this section and execute a new memorandum of understanding with
423 the department before operating the facility.
424 (10)(7) This section is repealed on July 1, 2020 2018,
425 unless saved from repeal through reenactment by the Legislature.
426 On or before January 1, 2019, the department shall submit a
427 written report to President of the Senate and Speaker of the
428 House of Representatives evaluating the current program and the
429 benefits to the consumer and the department.
430 Section 12. Subsection (7) of section 319.32, Florida
431 Statutes, is amended to read:
432 319.32 Fees; service charges; disposition.—
433 (7) Notwithstanding any other provision of this section,
434 the department and tax collector may not charge any fee or
435 service charge, except for the expedited title fee, if
436 applicable, for a certificate of title issued for a motor
437 vehicle solely to:
438 (a) Remove a deceased coowner from a title registered in
439 the names of two persons if the other coowner is the surviving
440 spouse; or
441 (b) Transfer the title from a deceased owner to a surviving
442 parent or any surviving child, if the parent or child is a
443 resident of this state, the vehicle is titled in this state
444 before the transfer, and the parent or child applies for the
445 title transfer within 30 days after the death of the owner.
446 Section 13. Paragraph (a) of subsection (1) and subsection
447 (24) of section 320.01, Florida Statutes, are amended to read:
448 320.01 Definitions, general.—As used in the Florida
449 Statutes, except as otherwise provided, the term:
450 (1) “Motor vehicle” means:
451 (a) An automobile, motorcycle, truck, trailer, semitrailer,
452 truck tractor and semitrailer combination, or any other vehicle
453 operated on the roads of this state, used to transport persons
454 or property, and propelled by power other than muscular power,
455 but the term does not include traction engines, road rollers,
456 personal delivery devices and mobile carriers as defined in s.
457 316.003, special mobile equipment as defined in s. 316.003,
458 vehicles that run only upon a track, bicycles, swamp buggies, or
459 mopeds.
460 (24) “Apportionable vehicle” means any vehicle, except
461 recreational vehicles, vehicles displaying restricted plates,
462 city pickup and delivery vehicles, buses used in transportation
463 of chartered parties, and government-owned vehicles, which is
464 used or intended for use in two or more member jurisdictions
465 that allocate or proportionally register vehicles and which is
466 used for the transportation of persons for hire or is designed,
467 used, or maintained primarily for the transportation of property
468 and:
469 (a) Is a power unit having a gross vehicle weight in excess
470 of 26,000 pounds;
471 (b) Is a power unit having three or more axles, regardless
472 of weight; or
473 (c) Is used in combination, when the weight of such
474 combination exceeds 26,000 pounds gross vehicle weight.
475
476 Vehicles, or combinations thereof, having a gross vehicle weight
477 of 26,000 pounds or less and two-axle vehicles may be
478 proportionally registered.
479 Section 14. Paragraph (v) is added to subsection (15) of
480 section 320.02, Florida Statutes, and subsection (19) of that
481 section is amended, to read:
482 320.02 Registration required; application for registration;
483 forms.—
484 (15)
485 (v) Notwithstanding s. 320.023, the application form for
486 motor vehicle registration and renewal of registration must
487 include language permitting a voluntary contribution of $1 per
488 applicant to aid in Alzheimer’s and other related dementia
489 research. Contributions made pursuant to this paragraph shall be
490 distributed to the Alzheimer’s Association, Inc., for the
491 purpose of supporting research conducted in this state.
492
493 For the purpose of applying the service charge provided in s.
494 215.20, contributions received under this subsection are not
495 income of a revenue nature.
496 (19) A personal delivery device and a mobile carrier as
497 defined in s. 316.003 are is not required to satisfy the
498 registration and insurance requirements of this section.
499 Section 15. Effective January 1, 2019, subsection (10) of
500 section 320.03, Florida Statutes, is amended to read:
501 320.03 Registration; duties of tax collectors;
502 International Registration Plan.—
503 (10) Jurisdiction over the electronic filing system for use
504 by authorized electronic filing system agents to electronically
505 title or register motor vehicles, vessels, mobile homes, or off
506 highway vehicles; process title transactions, derelict motor
507 vehicle certificates, and certificates of destruction for
508 derelict and salvage motor vehicles pursuant to s. 319.30(2),
509 (3), (7), and (8); issue or transfer registration license plates
510 or decals; electronically transfer fees due for the title and
511 registration process; and perform inquiries for title,
512 registration, and lienholder verification and certification of
513 service providers is expressly preempted to the state, and the
514 department shall have regulatory authority over the system. The
515 electronic filing system shall be available for use statewide
516 and applied uniformly throughout the state. An entity that, in
517 the normal course of its business, sells products that must be
518 titled or registered;, provides title and registration services
519 on behalf of its consumers; or processes title transactions,
520 derelict motor vehicle certificates, or certificates of
521 destruction for derelict or salvage motor vehicles pursuant to
522 s. 319.30(2), (3), (7), or (8); and meets all established
523 requirements may be an authorized electronic filing system agent
524 and shall not be precluded from participating in the electronic
525 filing system in any county. Upon request from a qualified
526 entity, the tax collector shall appoint the entity as an
527 authorized electronic filing system agent for that county. The
528 department shall adopt rules in accordance with chapter 120 to
529 replace the December 10, 2009, program standards and to
530 administer the provisions of this section, including, but not
531 limited to, establishing participation requirements,
532 certification of service providers, electronic filing system
533 requirements, and enforcement authority for noncompliance. The
534 December 10, 2009, program standards, excluding any standards
535 which conflict with this subsection, shall remain in effect
536 until the rules are adopted. An authorized electronic filing
537 system agent may charge a fee to the customer for use of the
538 electronic filing system. The department may adopt rules to
539 administer this subsection, including, but not limited to, rules
540 establishing participation requirements, certification of
541 service providers, electronic filing system requirements,
542 disclosures, and enforcement authority for noncompliance.
543 Section 16. Paragraph (b) of subsection (1) and paragraph
544 (a) of subsection (3) of section 320.06, Florida Statutes, are
545 amended to read:
546 320.06 Registration certificates, license plates, and
547 validation stickers generally.—
548 (1)
549 (b)1. Registration license plates bearing a graphic symbol
550 and the alphanumeric system of identification shall be issued
551 for a 10-year period. At the end of the 10-year period, upon
552 renewal, the plate shall be replaced. The department shall
553 extend the scheduled license plate replacement date from a 6
554 year period to a 10-year period. The fee for such replacement is
555 $28, $2.80 of which shall be paid each year before the plate is
556 replaced, to be credited toward the next $28 replacement fee.
557 The fees shall be deposited into the Highway Safety Operating
558 Trust Fund. A credit or refund may not be given for any prior
559 years’ payments of the prorated replacement fee if the plate is
560 replaced or surrendered before the end of the 10-year period,
561 except that a credit may be given if a registrant is required by
562 the department to replace a license plate under s.
563 320.08056(8)(a). With each license plate, a validation sticker
564 shall be issued showing the owner’s birth month, license plate
565 number, and the year of expiration or the appropriate renewal
566 period if the owner is not a natural person. The validation
567 sticker shall be placed on the upper right corner of the license
568 plate. The license plate and validation sticker shall be issued
569 based on the applicant’s appropriate renewal period. The
570 registration period is 12 months, the extended registration
571 period is 24 months, and all expirations occur based on the
572 applicant’s appropriate registration period.
573 2. Before October 1, 2019, a vehicle that has an
574 apportioned registration shall be issued an annual license plate
575 and a cab card denoting that denote the declared gross vehicle
576 weight for each apportioned jurisdiction in which the vehicle is
577 authorized to operate.
578 3. Beginning October 1, 2019, a vehicle registered in
579 accordance with the International Registration Plan shall be
580 issued a license plate for a 5-year period, an annual cab card
581 denoting the declared gross vehicle weight, and an annual
582 validation sticker showing the month and year of expiration. The
583 validation sticker shall be placed in the center of the license
584 plate. The license plate and validation sticker shall be issued
585 based on the applicant’s appropriate renewal period. The fee for
586 the initial validation sticker and any renewed validation
587 sticker is $28. This fee shall be deposited into the Highway
588 Safety Operating Trust Fund. A damaged or worn license plate may
589 be replaced at no charge by applying to the department and
590 surrendering the current license plate.
591 4.2. In order to retain the efficient administration of the
592 taxes and fees imposed by this chapter, the 80-cent fee increase
593 in the replacement fee imposed by chapter 2009-71, Laws of
594 Florida, is negated as provided in s. 320.0804.
595 (3)(a) Registration license plates must be made of metal
596 specially treated with a retroreflection material, as specified
597 by the department. The registration license plate is designed to
598 increase nighttime visibility and legibility and must be at
599 least 6 inches wide and not less than 12 inches in length,
600 unless a plate with reduced dimensions is deemed necessary by
601 the department to accommodate motorcycles, mopeds, or similar
602 smaller vehicles. Validation stickers must also be treated with
603 a retroreflection material, must be of such size as specified by
604 the department, and must adhere to the license plate. The
605 registration license plate must be imprinted with a combination
606 of bold letters and numerals or numerals, not to exceed seven
607 digits, to identify the registration license plate number. The
608 license plate must be imprinted with the word “Florida” at the
609 top and the name of the county in which it is sold, the state
610 motto, or the words “Sunshine State” at the bottom. Apportioned
611 license plates must have the word “Apportioned” at the bottom
612 and license plates issued for vehicles taxed under s.
613 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
614 the word “Restricted” at the bottom. License plates issued for
615 vehicles taxed under s. 320.08(12) must be imprinted with the
616 word “Florida” at the top and the word “Dealer” at the bottom
617 unless the license plate is a specialty license plate as
618 authorized in s. 320.08056. Manufacturer license plates issued
619 for vehicles taxed under s. 320.08(12) must be imprinted with
620 the word “Florida” at the top and the word “Manufacturer” at the
621 bottom. License plates issued for vehicles taxed under s.
622 320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at
623 the bottom. Any county may, upon majority vote of the county
624 commission, elect to have the county name removed from the
625 license plates sold in that county. The state motto or the words
626 “Sunshine State” shall be printed in lieu thereof. A license
627 plate issued for a vehicle taxed under s. 320.08(6) may not be
628 assigned a registration license number, or be issued with any
629 other distinctive character or designation, that distinguishes
630 the motor vehicle as a for-hire motor vehicle.
631 Section 17. Section 320.0605, Florida Statutes, is amended
632 to read:
633 320.0605 Certificate of registration; possession required;
634 exception.—
635 (1)(a) The department-authorized paper or electronic
636 registration certificate or an official copy thereof, a true
637 copy or an electronic copy of rental or lease documentation
638 issued for a motor vehicle or issued for a replacement vehicle
639 in the same registration period, a temporary receipt printed
640 upon self-initiated electronic renewal of a registration via the
641 Internet, or a cab card issued for a vehicle registered under
642 the International Registration Plan shall, at all times while
643 the vehicle is being used or operated on the roads of this
644 state, be in the possession of the operator thereof or be
645 carried in the vehicle for which issued and shall be exhibited
646 upon demand of any authorized law enforcement officer or any
647 agent of the department, except for a vehicle registered under
648 s. 320.0657. The provisions of This section does do not apply
649 during the first 30 days after purchase of a replacement
650 vehicle. A violation of this section is a noncriminal traffic
651 infraction, punishable as a nonmoving violation as provided in
652 chapter 318.
653 (b)1. The act of presenting to a law enforcement officer or
654 agent of the department an electronic device displaying an
655 electronic copy of the registration certificate or the rental or
656 lease documentation does not constitute consent for the officer
657 or agent to access any information on the device other than the
658 displayed rental or lease documentation.
659 2. The person who presents the device to the officer or
660 agent assumes the liability for any resulting damage to the
661 device.
662 (2) Rental or lease documentation that is sufficient to
663 satisfy the requirement in subsection (1) includes the
664 following:
665 (a) Date of rental and time of exit from rental facility;
666 (b) Rental station identification;
667 (c) Rental agreement number;
668 (d) Rental vehicle identification number;
669 (e) Rental vehicle license plate number and state of
670 registration;
671 (f) Vehicle’s make, model, and color;
672 (g) Vehicle’s mileage; and
673 (h) Authorized renter’s name.
674 Section 18. Subsection (5) of section 320.0607, Florida
675 Statutes, is amended to read:
676 320.0607 Replacement license plates, validation decal, or
677 mobile home sticker.—
678 (5) Upon the issuance of an original license plate, the
679 applicant shall pay a fee of $28 to be deposited in the Highway
680 Safety Operating Trust Fund. Beginning October 1, 2019, this
681 subsection does not apply to a vehicle registered under the
682 International Registration Plan.
683 Section 19. Paragraph (b) of subsection (2) of section
684 320.0657, Florida Statutes, is amended to read:
685 320.0657 Permanent registration; fleet license plates.—
686 (2)
687 (b) The plates, which shall be of a distinctive color,
688 shall have the word “Fleet” appearing at the bottom and the word
689 “Florida” appearing at the top unless the license plate is a
690 specialty license plate as authorized in s. 320.08056. The
691 plates shall conform in all respects to the provisions of this
692 chapter, except as specified herein. For additional fees as set
693 forth in s. 320.08056, fleet companies may purchase specialty
694 license plates in lieu of the standard fleet license plates.
695 Fleet companies shall be responsible for all costs associated
696 with the specialty license plate, including all annual use fees,
697 processing fees, fees associated with switching license plate
698 types, and any other applicable fees.
699 Section 20. Subsection (12) of section 320.08, Florida
700 Statutes, is amended to read:
701 320.08 License taxes.—Except as otherwise provided herein,
702 there are hereby levied and imposed annual license taxes for the
703 operation of motor vehicles, mopeds, motorized bicycles as
704 defined in s. 316.003(3), tri-vehicles as defined in s. 316.003,
705 and mobile homes as defined in s. 320.01, which shall be paid to
706 and collected by the department or its agent upon the
707 registration or renewal of registration of the following:
708 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
709 motor vehicle dealer, independent motor vehicle dealer, marine
710 boat trailer dealer, or mobile home dealer and manufacturer
711 license plate: $17 flat, of which $4.50 shall be deposited into
712 the General Revenue Fund. For additional fees as set forth in s.
713 320.08056, dealers may purchase specialty license plates in lieu
714 of the standard graphic dealer license plates. Dealers shall be
715 responsible for all costs associated with the specialty license
716 plate, including all annual use fees, processing fees, fees
717 associated with switching license plate types, and any other
718 applicable fees.
719 Section 21. Subsection (2) of section 320.08056, Florida
720 Statutes, is amended to read:
721 320.08056 Specialty license plates.—
722 (2)(a) The department shall issue a specialty license plate
723 to the owner or lessee of any motor vehicle, except a vehicle
724 registered under the International Registration Plan, a
725 commercial truck required to display two license plates pursuant
726 to s. 320.0706, or a truck tractor, upon request and payment of
727 the appropriate license tax and fees.
728 (b) The department may authorize dealer and fleet specialty
729 license plates. With the permission of the sponsoring specialty
730 license plate organization, a dealer or fleet company may
731 purchase specialty license plates to be used on dealer and fleet
732 vehicles.
733 (c) Notwithstanding s. 320.08058, a dealer or fleet
734 specialty license plate must include the letters “DLR” or “FLT”
735 on the right side of the license plate. Dealer and fleet
736 specialty license plates must be ordered directly through the
737 department.
738 Section 22. Subsection (10) is added to section 320.131,
739 Florida Statutes, to read:
740 320.131 Temporary tags.—
741 (10) Beginning October 1, 2018, the department may partner
742 with a county tax collector to conduct a Fleet Vehicle Temporary
743 Tag pilot program to provide temporary tags to fleet companies
744 to allow them to operate fleet vehicles awaiting a permanent
745 registration and title.
746 (a) The department shall establish a memorandum of
747 understanding that allows a maximum of three companies to
748 participate in the pilot program and receive multiple temporary
749 tags for company fleet vehicles.
750 (b) To participate in the program, a fleet company must
751 have a minimum of 3,500 fleet vehicles registered in this state
752 which qualify to be registered as fleet vehicles pursuant to s.
753 320.0657.
754 (c) The department may issue up to 50 temporary tags at a
755 time to an eligible fleet company, if requested by such company.
756 (d) The temporary tags are for exclusive use on a vehicle
757 purchased for the company’s fleet, and may not be used on any
758 other vehicle.
759 (e) Each temporary plate may be used on only one vehicle
760 and each vehicle may only use one temporary plate.
761 (f) Upon issuance of the vehicle’s permanent license plate
762 and registration, the temporary tag becomes invalid and must be
763 removed from the vehicle and destroyed.
764 (g) Upon a finding by the department that a temporary tag
765 has been misused by a fleet company under this program, the
766 department may terminate the memorandum of understanding with
767 the company, invalidate all temporary tags issued to the company
768 under the program, and require such company to return any unused
769 temporary tags.
770 (h) This subsection is repealed on October 1, 2021, unless
771 saved from repeal through reenactment by the Legislature.
772 Section 23. Subsection (3) is added to section 320.95,
773 Florida Statutes, to read:
774 320.95 Transactions by electronic or telephonic means.—
775 (3) The department may authorize the format of an
776 electronic certificate of registration in addition to printing a
777 paper registration certificate. If the paper certificate of
778 registration is not available for inspection or is damaged or
779 otherwise illegible, the operator may present for inspection an
780 electronic device displaying a department-issued electronic
781 certificate or registration issued pursuant to this section.
782 Such presentation does not constitute consent for inspection of
783 any information on the device other than the displayed
784 certificate of registration. The person who presents the device
785 to the officer assumes the liability for any resulting damage to
786 the device.
787 Section 24. Section 322.01, Florida Statutes, is amended to
788 read:
789 322.01 Definitions.—As used in this chapter:
790 (1) “Actual weight” means the weight of a motor vehicle or
791 motor vehicle combination plus the weight of the load carried on
792 it, as determined at a fixed scale operated by the state or as
793 determined by use of a portable scale operated by a law
794 enforcement officer.
795 (2) “Alcohol” means any substance containing any form of
796 alcohol including, but not limited to, ethanol, methanol,
797 propanol, and isopropanol.
798 (3) “Alcohol concentration” means:
799 (a) The number of grams of alcohol per 100 milliliters of
800 blood;
801 (b) The number of grams of alcohol per 210 liters of
802 breath; or
803 (c) The number of grams of alcohol per 67 milliliters of
804 urine.
805 (4) “Authorized emergency vehicle” means a vehicle that is
806 equipped with extraordinary audible and visual warning devices,
807 that is authorized by s. 316.2397 to display red or blue lights,
808 and that is on call to respond to emergencies. The term
809 includes, but is not limited to, ambulances, law enforcement
810 vehicles, fire trucks, and other rescue vehicles. The term does
811 not include wreckers, utility trucks, or other vehicles that are
812 used only incidentally for emergency purposes.
813 (5) “Cancellation” means the act of declaring a driver
814 license void and terminated.
815 (6) “Color photographic driver license” means a color
816 photograph of a completed driver license form meeting the
817 requirements prescribed in s. 322.14.
818 (7) “Commercial driver license” means a Class A, Class B,
819 or Class C driver license issued in accordance with the
820 requirements of this chapter.
821 (8) “Commercial motor vehicle” means any motor vehicle or
822 motor vehicle combination used on the streets or highways,
823 which:
824 (a) Has a gross vehicle weight rating of 26,001 pounds or
825 more;
826 (b) Is designed to transport more than 15 persons,
827 including the driver; or
828 (c) Is transporting hazardous materials and is required to
829 be placarded in accordance with 49 C.F.R. part 172, subpart F.
830
831 A vehicle that occasionally transports personal property to and
832 from a closed-course motorsport facility, as defined in s.
833 549.09(1)(a), is not a commercial motor vehicle if the use is
834 not for profit and corporate sponsorship is not involved. As
835 used in this subsection, the term “corporate sponsorship” means
836 a payment, donation, gratuity, in-kind service, or other benefit
837 provided to or derived by a person in relation to the underlying
838 activity, other than the display of product or corporate names,
839 logos, or other graphic information on the property being
840 transported.
841 (9) “Controlled substance” means any substance classified
842 as such under 21 U.S.C. s. 802(6), Schedules I-V of 21 C.F.R.
843 part 1308, or chapter 893.
844 (10) “Convenience service” means any means whereby an
845 individual conducts a transaction with the department other than
846 in person.
847 (11)(a) “Conviction” means a conviction of an offense
848 relating to the operation of motor vehicles on highways which is
849 a violation of this chapter or any other such law of this state
850 or any other state, including an admission or determination of a
851 noncriminal traffic infraction pursuant to s. 318.14, or a
852 judicial disposition of an offense committed under any federal
853 law substantially conforming to the aforesaid state statutory
854 provisions.
855 (b) Notwithstanding any other provisions of this chapter,
856 the definition of “conviction” provided in 49 C.F.R. s. 383.5
857 applies to offenses committed in a commercial motor vehicle or
858 by a person holding a commercial driver license.
859 (12) “Court” means any tribunal in this state or any other
860 state, or any federal tribunal, which has jurisdiction over any
861 civil, criminal, traffic, or administrative action.
862 (13) “Credential service provider” means an electronic
863 credential provider competitively procured by the department to
864 supply secure credential services based on open standards for
865 identity management and verification to qualified entities.
866 (14) “Declared weight” means the maximum loaded weight
867 declared for purposes of registration, pursuant to chapter 320.
868 (15)(14) “Department” means the Department of Highway
869 Safety and Motor Vehicles acting directly or through its duly
870 authorized representatives.
871 (16) “Digital identity verifier” means a public or private
872 entity that consumes the identity management services provided
873 by the credential service provider.
874 (17)(15) “Disqualification” means a prohibition, other than
875 an out-of-service order, that precludes a person from driving a
876 commercial motor vehicle.
877 (18)(16) “Drive” means to operate or be in actual physical
878 control of a motor vehicle in any place open to the general
879 public for purposes of vehicular traffic.
880 (19)(17) “Driver license” means a certificate that, subject
881 to all other requirements of law, authorizes an individual to
882 drive a motor vehicle and denotes an operator’s license as
883 defined in 49 U.S.C. s. 30301.
884 (20) “Electronic” means relating to technology having
885 electrical, digital, magnetic, wireless, optical,
886 electromagnetic, or similar capabilities.
887 (21) “Electronic credential” means an electronic
888 representation of a physical driver license or identification
889 card which is viewable on an electronic credential system and
890 capable of being verified and authenticated.
891 (22) “Electronic credential holder” means a person to whom
892 an electronic credential has been issued.
893 (23) “Electronic credential provider” means a qualified
894 entity contracted with the department to provide electronic
895 credentials to electronic credential holders.
896 (24) “Electronic credential system” means a computer system
897 used to display or transmit electronic credentials to a person
898 or verification system and that may be accessed using an
899 electronic device.
900 (25) “Electronic device” means a device or a portion of a
901 device that is designed for and capable of communicating across
902 a computer network with other computers or devices for the
903 purpose of transmitting, receiving, or storing data, including,
904 but not limited to, a cellular telephone, tablet, or other
905 portable device designed for and capable of communicating with
906 or across a computer network, and is used to render an
907 electronic credential.
908 (26) “Electronic ID” means a technology solution by which a
909 qualified entity authenticates the identity of an individual
910 receiving goods or services.
911 (27)(18) “Endorsement” means a special authorization which
912 permits a driver to drive certain types of vehicles or to
913 transport certain types of property or a certain number of
914 passengers.
915 (28)(19) “Farmer” means a person who grows agricultural
916 products, including aquacultural, horticultural, and forestry
917 products, and, except as provided herein, employees of such
918 persons. The term does not include employees whose primary
919 purpose of employment is the operation of motor vehicles.
920 (29)(20) “Farm tractor” means a motor vehicle that is:
921 (a) Operated principally on a farm, grove, or orchard in
922 agricultural or horticultural pursuits and that is operated on
923 the roads of this state only incidentally for transportation
924 between the owner’s or operator’s headquarters and the farm,
925 grove, or orchard or between one farm, grove, or orchard and
926 another; or
927 (b) Designed and used primarily as a farm implement for
928 drawing plows, mowing machines, and other implements of
929 husbandry.
930 (30)(21) “Felony” means any offense under state or federal
931 law that is punishable by death or by a term of imprisonment
932 exceeding 1 year.
933 (31)(22) “Foreign jurisdiction” means any jurisdiction
934 other than a state of the United States.
935 (32)(23) “Gross vehicle weight rating” means the value
936 specified by the manufacturer as the maximum loaded weight of a
937 single, combination, or articulated vehicle.
938 (33)(24) “Hazardous materials” means any material that has
939 been designated as hazardous under 49 U.S.C. s. 5103 and is
940 required to be placarded under subpart F of 49 C.F.R. part 172
941 or any quantity of a material listed as a select agent or toxin
942 in 42 C.F.R. part 73.
943 (34)(25) “Medical examiner’s certificate” means a document
944 substantially in accordance with the requirements of 49 C.F.R.
945 s. 391.43.
946 (35)(26) “Motorcycle” means a motor vehicle powered by a
947 motor with a displacement of more than 50 cubic centimeters,
948 having a seat or saddle for the use of the rider, and designed
949 to travel on not more than three wheels in contact with the
950 ground, but excluding a tractor, tri-vehicle, or moped.
951 (36)(27) “Motor vehicle” means any self-propelled vehicle,
952 including a motor vehicle combination, not operated upon rails
953 or guideway, excluding vehicles moved solely by human power,
954 motorized wheelchairs, and motorized bicycles as defined in s.
955 316.003.
956 (37)(28) “Motor vehicle combination” means a motor vehicle
957 operated in conjunction with one or more other vehicles.
958 (38)(29) “Narcotic drugs” means coca leaves, opium,
959 isonipecaine, cannabis, and every substance neither chemically
960 nor physically distinguishable from them, and any and all
961 derivatives of same, and any other drug to which the narcotics
962 laws of the United States apply, and includes all drugs and
963 derivatives thereof known as barbiturates.
964 (39)(30) “Out-of-service order” means a prohibition issued
965 by an authorized local, state, or Federal Government official
966 which precludes a person from driving a commercial motor
967 vehicle.
968 (40)(31) “Owner” means the person who holds the legal title
969 to a vehicle. However, if a vehicle is the subject of an
970 agreement for the conditional sale or lease thereof with the
971 right of purchase upon performance of the conditions stated in
972 the agreement and with an immediate right of possession vested
973 in the conditional vendee or lessee, or if a mortgagor of a
974 vehicle is entitled to possession, such conditional vendee,
975 lessee, or mortgagor is the owner for the purpose of this
976 chapter.
977 (41)(32) “Passenger vehicle” means a motor vehicle designed
978 to transport more than 15 persons, including the driver, or a
979 school bus designed to transport more than 15 persons, including
980 the driver.
981 (42)(33) “Permit” means a document authorizing the
982 temporary operation of a motor vehicle within this state subject
983 to conditions established in this chapter.
984 (43) “Qualified entity” means a public or private entity
985 which enters into a contract with the department, meets usage
986 criteria, agrees to terms and conditions, and is authorized by
987 the department to use the credential service provider for
988 authentication and identification verification services.
989 (44)(34) “Resident” means a person who has his or her
990 principal place of domicile in this state for a period of more
991 than 6 consecutive months, has registered to vote, has made a
992 statement of domicile pursuant to s. 222.17, or has filed for
993 homestead tax exemption on property in this state.
994 (45)(35) “Restriction” means a prohibition against
995 operating certain types of motor vehicles or a requirement that
996 a driver comply with certain conditions when driving a motor
997 vehicle.
998 (46)(36) “Revocation” means the termination of a licensee’s
999 privilege to drive.
1000 (47)(37) “School bus” means a motor vehicle that is
1001 designed to transport more than 15 persons, including the
1002 driver, and that is used to transport students to and from a
1003 public or private school or in connection with school
1004 activities, but does not include a bus operated by a common
1005 carrier in the urban transportation of school children. The term
1006 “school” includes all preelementary, elementary, secondary, and
1007 postsecondary schools.
1008 (48)(38) “State” means a state or possession of the United
1009 States, and, for the purposes of this chapter, includes the
1010 District of Columbia.
1011 (49)(39) “Street or highway” means the entire width between
1012 the boundary lines of a way or place if any part of that way or
1013 place is open to public use for purposes of vehicular traffic.
1014 (50)(40) “Suspension” means the temporary withdrawal of a
1015 licensee’s privilege to drive a motor vehicle.
1016 (51)(41) “Tank vehicle” means a vehicle that is designed to
1017 transport any liquid or gaseous material within a tank either
1018 permanently or temporarily attached to the vehicle, if such tank
1019 has a designed capacity of 1,000 gallons or more.
1020 (52)(42) “United States” means the 50 states and the
1021 District of Columbia.
1022 (53)(43) “Vehicle” means every device in, upon, or by which
1023 any person or property is or may be transported or drawn upon a
1024 public highway or operated upon rails or guideway, except a
1025 bicycle, motorized wheelchair, or motorized bicycle.
1026 (54)(44) “Identification card” means a personal
1027 identification card issued by the department which conforms to
1028 the definition in 18 U.S.C. s. 1028(d).
1029 (55)(45) “Temporary driver license” or “temporary
1030 identification card” means a certificate issued by the
1031 department which, subject to all other requirements of law,
1032 authorizes an individual to drive a motor vehicle and denotes an
1033 operator’s license, as defined in 49 U.S.C. s. 30301, or a
1034 personal identification card issued by the department which
1035 conforms to the definition in 18 U.S.C. s. 1028(d) and denotes
1036 that the holder is permitted to stay for a short duration of
1037 time, as specified on the temporary identification card, and is
1038 not a permanent resident of the United States.
1039 (56)(46) “Tri-vehicle” means an enclosed three-wheeled
1040 passenger vehicle that:
1041 (a) Is designed to operate with three wheels in contact
1042 with the ground;
1043 (b) Has a minimum unladen weight of 900 pounds;
1044 (c) Has a single, completely enclosed, occupant
1045 compartment;
1046 (d) Is produced in a minimum quantity of 300 in any
1047 calendar year;
1048 (e) Is capable of a speed greater than 60 miles per hour on
1049 level ground; and
1050 (f) Is equipped with:
1051 1. Seats that are certified by the vehicle manufacturer to
1052 meet the requirements of Federal Motor Vehicle Safety Standard
1053 No. 207, “Seating systems” (49 C.F.R. s. 571.207);
1054 2. A steering wheel used to maneuver the vehicle;
1055 3. A propulsion unit located forward or aft of the enclosed
1056 occupant compartment;
1057 4. A seat belt for each vehicle occupant certified to meet
1058 the requirements of Federal Motor Vehicle Safety Standard No.
1059 209, “Seat belt assemblies” (49 C.F.R. s. 571.209);
1060 5. A windshield and an appropriate windshield wiper and
1061 washer system that are certified by the vehicle manufacturer to
1062 meet the requirements of Federal Motor Vehicle Safety Standard
1063 No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal
1064 Motor Vehicle Safety Standard No. 104, “Windshield Wiping and
1065 Washing Systems” (49 C.F.R. s. 571.104); and
1066 6. A vehicle structure certified by the vehicle
1067 manufacturer to meet the requirements of Federal Motor Vehicle
1068 Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R.
1069 s. 571.216).
1070 Section 25. Section 322.032, Florida Statutes, is amended
1071 to read:
1072 322.032 Electronic credential Digital proof of driver
1073 license.—
1074 (1)(a) The department shall develop and implement begin to
1075 review and prepare for the development of a secure and uniform
1076 protocols which comply with national standards system for
1077 issuing an optional electronic credential. The department shall
1078 procure the related technology solution from the credential
1079 service provider that uses a revenue sharing model through a
1080 competitive solicitation process pursuant to s. 287.057 digital
1081 proof of driver license. The department may issue electronic
1082 credentials to persons who hold a Florida driver license or
1083 identification card.
1084 (b) Qualified entities must have the technological
1085 capabilities necessary to integrate with the credential service
1086 provider. The department shall maintain the protocols and
1087 national standards necessary for a digital verifier or an
1088 electronic credential provider to request authorized access to
1089 an application programming interface, or appropriate
1090 technological tool of at least the same capabilities, necessary
1091 for such qualified entity to consume an electronic ID. The
1092 department shall timely review requests for authorized access
1093 and approve all requests by digital verifiers that meet the
1094 department’s requirements.
1095 (c) The electronic credential provider must have the
1096 necessary technological capabilities to execute the
1097 authentication of an electronic credential across all states,
1098 jurisdictions, federal and state agencies, and municipalities.
1099 The electronic credential and verification solution must provide
1100 the standardized system integration necessary:
1101 1. For qualified entities to securely consume an electronic
1102 credential.
1103 2. For the production of a fully compliant electronic
1104 credential by electronic credential providers.
1105 3. To successfully ensure secure authentication and
1106 validation of data from disparate sources.
1107 (d) The department shall competitively procure at least two
1108 but no more than five contract with one or more electronic
1109 credential providers private entities to develop and implement
1110 an initial phase to provide a secure electronic credential a
1111 digital proof of driver license system. The department shall
1112 enter into agreements with electronic credential providers that
1113 provide the permitted uses, terms and conditions, privacy
1114 policy, and uniform remittance terms relating to the consumption
1115 of an electronic credential. The department must competitively
1116 procure the credential service provider before the initial phase
1117 may begin. Upon completion of the initial phase, the department
1118 shall submit a report to the Governor, the President of the
1119 Senate, and the Speaker of the House of Representatives
1120 regarding the continued implementation and tools necessary to
1121 scale future phases.
1122 (2)(a) The department shall provide electronic credential
1123 providers access to a standardized digital transaction process
1124 that provides the proceeds of a completed financial transaction
1125 to the department at the point of sale. The standardized digital
1126 transaction process must enable electronic credential providers
1127 to direct through their electronic commerce workflow to a
1128 standardized checkout process and enable documentation of the
1129 electronic credential providers participating in a transaction.
1130 Revenue generated from use of the electronic credential system
1131 shall be deposited into the Motor Vehicle License Clearing Trust
1132 Fund for distribution pursuant to a legislative appropriation
1133 and department agreements with electronic credential providers.
1134 Electronic credential revenue shall be shared between the state
1135 and electronic credential providers.
1136 (b) The department may assess a competitive market rate fee
1137 structure for use of the credential service provider for any
1138 qualified entity to obtain an electronic ID. Revenue generated
1139 from use of the credential service provider by digital identity
1140 verifiers shall be shared between the state and the credential
1141 service provider. Revenues shall be deposited into the Motor
1142 Vehicle License Clearing Trust Fund for distribution pursuant to
1143 department agreements with digital identity verifiers. Fees may
1144 not be charged to any state court, state governmental entity, or
1145 law enforcement agency.
1146 (3)(a)(2) The electronic credential digital proof of driver
1147 license developed by the department or by an electronic
1148 credential provider an entity contracted by the department must
1149 be in such a format as to allow law enforcement or an authorized
1150 consumer to verify the authenticity of the electronic credential
1151 and the identity of the credential holder and to validate the
1152 status of any driving privileges associated with the electronic
1153 credential digital proof of driver license. The department shall
1154 adhere to protocols and national standards may adopt rules to
1155 ensure valid authentication of electronic credentials digital
1156 driver licenses by law enforcement.
1157 (b) The act of presenting to a law enforcement officer an
1158 electronic device displaying an electronic credential does not
1159 constitute consent for the officer to access any information on
1160 the device other than the electronic credential.
1161 (c) The person who presents the device to the officer
1162 assumes liability for any resulting damage to the device.
1163 (4)(3) A person may not be issued an electronic credential
1164 a digital proof of driver license until he or she has satisfied
1165 all of the requirements of this chapter for issuance of a
1166 physical driver license or identification card as provided in
1167 this chapter.
1168 (5)(4) A person who:
1169 (a) Manufactures a false electronic credential digital
1170 proof of driver license commits a felony of the third degree,
1171 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1172 (b) Possesses a false electronic credential digital proof
1173 of driver license commits a misdemeanor of the second degree,
1174 punishable as provided in s. 775.082.
1175 Section 26. Section 322.059, Florida Statutes, is amended
1176 to read:
1177 322.059 Mandatory surrender of suspended driver license and
1178 registration.—A person whose driver license or registration has
1179 been suspended as provided in s. 322.058 must immediately return
1180 his or her driver license and registration to the Department of
1181 Highway Safety and Motor Vehicles. The department shall
1182 invalidate the electronic credential digital proof of driver
1183 license issued pursuant to s. 322.032 for such person. If such
1184 person fails to return his or her driver license or
1185 registration, a law enforcement agent may seize the license or
1186 registration while the driver license or registration is
1187 suspended.
1188 Section 27. Subsection (4) of section 322.09, Florida
1189 Statutes, is amended to read:
1190 322.09 Application of minors; responsibility for negligence
1191 or misconduct of minor.—
1192 (4) Notwithstanding subsections (1) and (2), if a foster
1193 parent or caregiver of a minor who is under the age of 18 years
1194 and is in foster care as defined in s. 39.01, an authorized
1195 representative of a residential group home at which such a minor
1196 resides, the caseworker at the agency at which the state has
1197 placed the minor, or a guardian ad litem specifically authorized
1198 by the minor’s caregiver to sign for a learner’s driver license
1199 signs the minor’s application for a learner’s driver license,
1200 that foster parent, caregiver, group home representative,
1201 caseworker, or guardian ad litem does not assume any obligation
1202 or become liable for any damages caused by the negligence or
1203 willful misconduct of the minor by reason of having signed the
1204 application. Before signing the application, the caseworker
1205 shall notify the foster parent, caregiver, or other responsible
1206 party of his or her intent to sign and verify the application.
1207 Section 28. Paragraph (c) of subsection (1) of section
1208 322.143, Florida Statutes, is amended to read:
1209 322.143 Use of a driver license or identification card.—
1210 (1) As used in this section, the term:
1211 (c) “Swipe” means the act of passing a driver license or
1212 identification card through a device that is capable of
1213 deciphering, in an electronically readable format, the
1214 information electronically encoded in a magnetic strip or bar
1215 code on the driver license or identification card or consuming
1216 an electronic credential.
1217 Section 29. Subsection (1) of section 322.15, Florida
1218 Statutes, is amended to read:
1219 322.15 License to be carried and exhibited on demand;
1220 fingerprint to be imprinted upon a citation.—
1221 (1) Every licensee shall have his or her driver license,
1222 which must be fully legible with no portion of such license
1223 faded, altered, mutilated, or defaced, in his or her immediate
1224 possession at all times when operating a motor vehicle and shall
1225 present or submit the same upon the demand of a law enforcement
1226 officer or an authorized representative of the department. A
1227 licensee may present or submit an electronic credential a
1228 digital proof of driver license as provided in s. 322.032 in
1229 lieu of a physical driver license.
1230 Section 30. Section 322.38, Florida Statutes, is amended to
1231 read:
1232 322.38 Renting motor vehicle to another.—
1233 (1) A No person may not shall rent a motor vehicle to any
1234 other person unless the other latter person is then duly
1235 licensed, or, if a nonresident, he or she shall be licensed
1236 under the laws of the state or country of his or her residence,
1237 except a nonresident whose home state or country does not
1238 require that an operator be licensed.
1239 (2) A No person may not shall rent a motor vehicle to
1240 another until he or she has inspected the driver license of the
1241 person to whom the vehicle is to be rented, and has compared and
1242 verified that the driver license is unexpired signature thereon
1243 with the signature of such person written in his or her
1244 presence.
1245 (3) Every person renting a motor vehicle to another shall
1246 keep a record of the registration number of the motor vehicle so
1247 rented, the name, and address, and license number of the person
1248 to whom the vehicle is rented, the number of the license of said
1249 latter person, and the date and place when and where the said
1250 license was issued. Such record shall be open to inspection by
1251 any police officer, or officer or employee of the department.
1252 (4) If a rental car company rents a motor vehicle to a
1253 person through digital, electronic, or other means that allows
1254 the renter to obtain possession of the motor vehicle without
1255 direct contact with an agent or employee of the rental car
1256 company, or if through use of such means the renter does not
1257 execute a rental contract at the time he or she takes possession
1258 of the vehicle, the rental car company is deemed to have met the
1259 requirements of subsections (1) and (2) when the rental car
1260 company requires the renter to verify that he or she is duly
1261 licensed and that the license is unexpired. Such verification
1262 may occur at the time the renter enrolls in a membership
1263 program, master agreement, or other means of establishing use of
1264 the rental car company’s services or at any time thereafter.
1265 Section 31. Subsection (4) of section 322.61, Florida
1266 Statutes, is amended to read:
1267 322.61 Disqualification from operating a commercial motor
1268 vehicle.—
1269 (4) Any person who is transporting hazardous materials as
1270 defined in s. 322.01(33) s. 322.01(24) shall, upon conviction of
1271 an offense specified in subsection (3), be disqualified from
1272 operating a commercial motor vehicle for a period of 3 years.
1273 The penalty provided in this subsection shall be in addition to
1274 any other applicable penalty.
1275 Section 32. Subsection (1) of section 324.021, Florida
1276 Statutes, is amended to read:
1277 324.021 Definitions; minimum insurance required.—The
1278 following words and phrases when used in this chapter shall, for
1279 the purpose of this chapter, have the meanings respectively
1280 ascribed to them in this section, except in those instances
1281 where the context clearly indicates a different meaning:
1282 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
1283 designed and required to be licensed for use upon a highway,
1284 including trailers and semitrailers designed for use with such
1285 vehicles, except traction engines, road rollers, farm tractors,
1286 power shovels, and well drillers, and every vehicle that is
1287 propelled by electric power obtained from overhead wires but not
1288 operated upon rails, but not including any personal delivery
1289 device or mobile carrier as defined in s. 316.003, bicycle, or
1290 moped. However, the term “motor vehicle” does not include a
1291 motor vehicle as defined in s. 627.732(3) when the owner of such
1292 vehicle has complied with the requirements of ss. 627.730
1293 627.7405, inclusive, unless the provisions of s. 324.051 apply;
1294 and, in such case, the applicable proof of insurance provisions
1295 of s. 320.02 apply.
1296 Section 33. Section 324.031, Florida Statutes, is amended
1297 to read:
1298 324.031 Manner of proving financial responsibility.—The
1299 owner or operator of a taxicab, limousine, jitney, or any other
1300 for-hire passenger transportation vehicle may prove financial
1301 responsibility by providing satisfactory evidence of holding a
1302 motor vehicle liability policy as defined in s. 324.021(8) or s.
1303 324.151, which policy is provided by an insurer authorized to do
1304 business in this state issued by an insurance carrier which is a
1305 member of the Florida Insurance Guaranty Association or an
1306 eligible nonadmitted insurer that has a superior, excellent,
1307 exceptional, or equivalent financial strength rating by a rating
1308 agency acceptable to the Office of Insurance Regulation of the
1309 Financial Services Commission. The operator or owner of any
1310 other vehicle may prove his or her financial responsibility by:
1311 (1) Furnishing satisfactory evidence of holding a motor
1312 vehicle liability policy as defined in ss. 324.021(8) and
1313 324.151;
1314 (2) Furnishing a certificate of self-insurance showing a
1315 deposit of cash in accordance with s. 324.161; or
1316 (3) Furnishing a certificate of self-insurance issued by
1317 the department in accordance with s. 324.171.
1318
1319 Any person, including any firm, partnership, association,
1320 corporation, or other person, other than a natural person,
1321 electing to use the method of proof specified in subsection (2)
1322 shall furnish a certificate of deposit equal to the number of
1323 vehicles owned times $30,000, to a maximum of $120,000; in
1324 addition, any such person, other than a natural person, shall
1325 maintain insurance providing coverage in excess of limits of
1326 $10,000/20,000/10,000 or $30,000 combined single limits, and
1327 such excess insurance shall provide minimum limits of
1328 $125,000/250,000/50,000 or $300,000 combined single limits.
1329 These increased limits shall not affect the requirements for
1330 proving financial responsibility under s. 324.032(1).
1331 Section 34. Subsection (2) of section 324.032, Florida
1332 Statutes, is amended to read:
1333 324.032 Manner of proving financial responsibility; for
1334 hire passenger transportation vehicles.—Notwithstanding the
1335 provisions of s. 324.031:
1336 (2) An owner or a lessee who is required to maintain
1337 insurance under s. 324.021(9)(b) and who operates at least 150
1338 300 taxicabs, limousines, jitneys, or any other for-hire
1339 passenger transportation vehicles may provide financial
1340 responsibility by complying with the provisions of s. 324.171,
1341 such compliance to be demonstrated by maintaining at its
1342 principal place of business an audited financial statement,
1343 prepared in accordance with generally accepted accounting
1344 principles, and providing to the department a certification
1345 issued by a certified public accountant that the applicant’s net
1346 worth is at least equal to the requirements of s. 324.171 as
1347 determined by the Office of Insurance Regulation of the
1348 Financial Services Commission, including claims liabilities in
1349 an amount certified as adequate by a Fellow of the Casualty
1350 Actuarial Society.
1351
1352 Upon request by the department, the applicant must provide the
1353 department at the applicant’s principal place of business in
1354 this state access to the applicant’s underlying financial
1355 information and financial statements that provide the basis of
1356 the certified public accountant’s certification. The applicant
1357 shall reimburse the requesting department for all reasonable
1358 costs incurred by it in reviewing the supporting information.
1359 The maximum amount of self-insurance permissible under this
1360 subsection is $300,000 and must be stated on a per-occurrence
1361 basis, and the applicant shall maintain adequate excess
1362 insurance issued by an authorized or eligible insurer licensed
1363 or approved by the Office of Insurance Regulation. All risks
1364 self-insured shall remain with the owner or lessee providing it,
1365 and the risks are not transferable to any other person, unless a
1366 policy complying with subsection (1) is obtained.
1367 Section 35. Subsection (5) of section 338.166, Florida
1368 Statutes, is amended to read:
1369 338.166 High-occupancy toll lanes or express lanes.—
1370 (5) Effective July 1, 2018, If the a customer’s average
1371 travel speed for a segment of trip in an express lane falls
1372 below 40 miles per hour, the toll customer must be charged shall
1373 be the segment’s minimum express lane toll amount. An express
1374 lane segment is the distance between the customer’s point of
1375 entry to the first available exit. Additional segments are
1376 defined by the distance between subsequent exits. A customer’s
1377 express lane average travel speed is his or her average travel
1378 speed from the customer’s entry point to the customer’s exit
1379 point.
1380 Section 36. Paragraphs (d) and (e) of subsection (1) of
1381 section 338.2216, Florida Statutes, are amended to read:
1382 338.2216 Florida Turnpike Enterprise; powers and
1383 authority.—
1384 (1)
1385 (d) The Florida Turnpike Enterprise shall pursue and
1386 implement new technologies and processes in its operations and
1387 collection of tolls and the collection of other amounts
1388 associated with road and infrastructure usage. Such technologies
1389 and processes must include, without limitation, video billing
1390 and variable pricing. The Florida Turnpike Enterprise may
1391 require the use of an electronic transponder interoperable with
1392 the department’s electronic toll collection system for the use
1393 of express lanes on the turnpike system. Variable pricing may
1394 not be implemented in express lanes when the level of service in
1395 the express lane, determined in accordance with the criteria
1396 established by the Transportation Research Board Highway
1397 Capacity Manual (5th Edition, HCM 2010), as amended from time to
1398 time, is equal to level of service A. Variable pricing in
1399 express lanes when the level of service in the express lane is
1400 level of service B may only be implemented by charging the
1401 segment’s general toll lane toll amount plus the segment’s
1402 minimum toll an amount set by department rule. An express lane
1403 segment is the distance between the customer’s point of entry to
1404 the first available exit. Additional segments are defined by the
1405 distance between subsequent exits. Except as otherwise provided
1406 in this subsection, pricing in express lanes when the level of
1407 service is other than level of service A or level of service B
1408 may vary in the manner established by the Florida Turnpike
1409 Enterprise to manage congestion in the express lanes.
1410 (e) Effective July 1, 2018, if a customer’s average travel
1411 speed for a trip in an express lane falls below 40 miles per
1412 hour, the customer must be charged the general toll lane toll
1413 amount plus an amount set by department rule. A customer’s
1414 express lane average travel speed is his or her average travel
1415 speed from the customer’s entry point to the customer’s exit
1416 point.
1417 Section 37. Section 334.352, Florida Statutes, is created
1418 to read:
1419 334.352 State university ingress and egress.—A local
1420 governmental entity may not prevent public motor vehicle use on
1421 or access to an existing transportation facility or
1422 transportation corridor as defined in s. 334.03 if that
1423 transportation facility or transportation corridor is the only
1424 point, or one of only two points, of ingress to and egress from
1425 a state university as defined in s. 1000.21 and regulated by the
1426 Board of Governors of the State University System as provided in
1427 s. 20.155.
1428 Section 38. Subsection (1) of section 655.960, Florida
1429 Statutes, is amended to read:
1430 655.960 Definitions; ss. 655.960-655.965.—As used in this
1431 section and ss. 655.961-655.965, unless the context otherwise
1432 requires:
1433 (1) “Access area” means any paved walkway or sidewalk which
1434 is within 50 feet of any automated teller machine. The term does
1435 not include any street or highway open to the use of the public,
1436 as defined in s. 316.003(80)(a) or (b) s. 316.003(79)(a) or (b),
1437 including any adjacent sidewalk, as defined in s. 316.003.
1438 Section 39. Paragraph (a) of subsection (2) of section
1439 812.014, Florida Statutes, is amended to read:
1440 812.014 Theft.—
1441 (2)(a)1. If the property stolen is valued at $100,000 or
1442 more or is a semitrailer that was deployed by a law enforcement
1443 officer; or
1444 2. If the property stolen is cargo valued at $50,000 or
1445 more that has entered the stream of interstate or intrastate
1446 commerce from the shipper’s loading platform to the consignee’s
1447 receiving dock; or
1448 3. If the offender commits any grand theft and:
1449 a. In the course of committing the offense the offender
1450 uses a motor vehicle as an instrumentality, other than merely as
1451 a getaway vehicle, to assist in committing the offense and
1452 thereby damages the real property of another; or
1453 b. In the course of committing the offense the offender
1454 causes damage to the real or personal property of another in
1455 excess of $1,000; or
1456 4. If the property stolen is cargo and in the course of
1457 committing the offense the offender uses any type of device to
1458 defeat, block, disable, jam, or interfere with a global
1459 positioning system or similar system designed to identify the
1460 location of the cargo or the vehicle or trailer carrying the
1461 cargo,
1462
1463 the offender commits grand theft in the first degree, punishable
1464 as a felony of the first degree, as provided in s. 775.082, s.
1465 775.083, or s. 775.084.
1466 Section 40. Except as otherwise expressly provided in this
1467 act, this act shall take effect October 1, 2018.
1468
1469 ================= T I T L E A M E N D M E N T ================
1470 And the title is amended as follows:
1471 Delete everything before the enacting clause
1472 and insert:
1473 A bill to be entitled
1474 An act relating to transportation; amending s. 20.23,
1475 F.S.; requiring the Department of Transportation to
1476 consist of a central office that establishes policies
1477 and procedures and districts that carry out projects
1478 as authorized or required under the policies and
1479 procedures of the central office; deleting the
1480 requirement that the Secretary of Transportation be
1481 appointed from among three persons nominated by the
1482 Florida Transportation Commission; amending s.
1483 316.003, F.S.; adding, deleting, and revising
1484 definitions; amending s. 316.008, F.S.; authorizing a
1485 mobile carrier to be operated on sidewalks and
1486 crosswalks within a county or municipality when such
1487 use is permissible under federal law; providing
1488 construction; amending s. 316.0895, F.S.; providing
1489 construction; deleting a provision relating to
1490 prohibitions on certain vehicles following other
1491 vehicles within 300 feet; repealing s. 316.0896, F.S.,
1492 relating to the assistive truck platooning technology
1493 pilot project; creating s. 316.0897, F.S.; authorizing
1494 a platoon to be operated on a roadway in this state
1495 after an operator takes specified actions; requiring
1496 the Department of Transportation to adopt rules for
1497 the issuance of permits for the operation of platoons,
1498 subject to certain requirements; providing for the
1499 future repeal of this section; amending s. 316.2071,
1500 F.S.; authorizing a mobile carrier to operate on
1501 sidewalks and crosswalks; providing that a mobile
1502 carrier operating on a sidewalk or crosswalk has all
1503 the rights and duties applicable to a pedestrian under
1504 the same circumstances, except that the mobile carrier
1505 must not unreasonably interfere with pedestrians or
1506 traffic and must yield the right-of-way to pedestrians
1507 on the sidewalk or crosswalk; specifying requirements
1508 for a mobile carrier; prohibiting a mobile carrier
1509 from taking specified actions; amending s. 316.302,
1510 F.S.; revising regulations to which owners and drivers
1511 of commercial motor vehicles are subject; delaying the
1512 requirement for electronic logging devices and support
1513 documents for certain intrastate motor carriers;
1514 deleting a limitation on a civil penalty for
1515 falsification of certain time records; deleting a
1516 requirement that a motor carrier maintain certain
1517 documentation of driving times; providing an exemption
1518 from specified provisions for a person who operates a
1519 commercial motor vehicle having a certain gross
1520 vehicle weight, gross vehicle weight rating, and gross
1521 combined weight rating; deleting the exemption from
1522 such provisions for a person transporting petroleum
1523 products; amending s. 316.303, F.S.; conforming a
1524 provision to changes made by the act; amending s.
1525 316.85, F.S.; authorizing the Florida Turnpike
1526 Enterprise to fund, construct, and operate test
1527 facilities for the advancement of autonomous and
1528 connected innovative transportation technology
1529 solutions for specified purposes; amending s. 319.141,
1530 F.S.; redefining the term “rebuilt inspection
1531 services”; deleting obsolete language; requiring the
1532 Department of Highway Safety and Motor Vehicles to
1533 ensure that an applicant of the pilot rebuilt motor
1534 vehicle inspection program meets basic criteria
1535 designed to protect the public before the applicant is
1536 renewed; revising requirements for the applicant;
1537 requiring the operator of a facility to annually make
1538 certain attestations; prohibiting a program
1539 participant from conducting an inspection of a vehicle
1540 rebuilt before its purchase by the current applicant;
1541 requiring that such vehicles be inspected by the
1542 department; requiring any applicant that fails an
1543 initial rebuilt inspection to have that vehicle
1544 reinspected only by the department or the facility
1545 that conducted the original inspection; prohibiting
1546 any person or business authorized by the department to
1547 train, certify, or recertify operators and inspectors
1548 of private rebuilt motor vehicle inspection facilities
1549 from certifying or recertifying themselves or any of
1550 their employees; requiring the department to conduct
1551 an onsite facility inspection at least twice a year;
1552 requiring a current operator to give the department
1553 certain notice of a transfer before any transfer of a
1554 rebuilt inspection facility; requiring a transferee to
1555 meet certain eligibility requirements and execute a
1556 new memorandum of understanding with the department
1557 before operating the facility; extending the date for
1558 future repeal of this section; requiring the
1559 department to submit a certain written report to the
1560 Legislature on or before a specified date; amending s.
1561 319.32, F.S.; prohibiting the department and the tax
1562 collector from charging any fee or service charge,
1563 except for the expedited title fee, if applicable, for
1564 a certificate of title issued for a motor vehicle to
1565 transfer the title from a deceased owner to a
1566 surviving parent or any surviving child, if the parent
1567 or child is a resident of this state, the vehicle is
1568 titled in this state before the transfer, and the
1569 parent or child applies for the title transfer within
1570 a specified period after the death of the owner;
1571 amending s. 320.01, F.S.; revising definitions;
1572 amending s. 320.02, F.S.; requiring the application
1573 form for motor vehicle registration and renewal of
1574 registration to include language permitting a
1575 voluntary contribution of a specified amount per
1576 applicant to aid in Alzheimer’s and other related
1577 dementia research; requiring such contributions to be
1578 distributed to the Alzheimer’s Association, Inc., for
1579 the purpose of supporting research conducted in this
1580 state; providing that a mobile carrier is not required
1581 to satisfy specified registration and insurance
1582 requirements; amending s. 320.03, F.S.; preempting to
1583 the state jurisdiction over the electronic filing
1584 system for use by authorized electronic filing system
1585 agents to process title transactions, derelict motor
1586 vehicle certificates, and certain certificates of
1587 destruction for derelict and salvage motor vehicles;
1588 authorizing an entity that, in the normal course of
1589 its business, processes title transactions, derelict
1590 motor vehicle certificates, or certain certificates of
1591 destruction for derelict or salvage motor vehicles and
1592 meets all established requirements, to be an
1593 authorized electronic filing system agent; prohibiting
1594 such an entity from being precluded from participating
1595 in the electronic filing system in any county;
1596 deleting provisions requiring the department to adopt
1597 certain rules to replace specified program standards;
1598 authorizing the department to adopt certain rules;
1599 amending s. 320.06, F.S.; requiring a vehicle that has
1600 an apportioned registration to be issued, before a
1601 specified date, an annual license plate and a cab card
1602 denoting the declared gross vehicle weight; providing
1603 requirements, beginning on a specified date, for
1604 license plates, cab cards, and validation stickers for
1605 vehicles registered in accordance with the
1606 International Registration Plan; providing a specified
1607 fee for initial and renewed validation stickers;
1608 requiring the fee to be deposited into the Highway
1609 Safety Operating Trust Fund; authorizing a damaged or
1610 worn license plate to be replaced at no charge under
1611 certain circumstances; providing an exception to the
1612 design of dealer license plates for specialty license
1613 plates; amending s. 320.0605, F.S.; requiring that the
1614 department-authorized paper or electronic registration
1615 certificate or an official copy and a true copy or an
1616 electronic copy of rental or lease documentation
1617 issued for a motor vehicle or issued for a replacement
1618 vehicle in the same registration period be in the
1619 possession of the operator thereof or be carried in
1620 the vehicle for which issued and be exhibited upon
1621 demand of any authorized law enforcement officer or
1622 any agent of the department; specifying that the act
1623 of presenting to a law enforcement officer or agent of
1624 the department an electronic device displaying an
1625 electronic copy of rental or lease documentation does
1626 not constitute consent for the officer or agent to
1627 access any information on the device other than the
1628 displayed rental or lease documentation; requiring the
1629 person who presents the device to the officer or agent
1630 to assume the liability for any resulting damage to
1631 the device; providing that rental or lease
1632 documentation that includes the date and time of
1633 rental is sufficient to satisfy a specified
1634 requirement; amending s. 320.0607, F.S.; providing an
1635 exemption, beginning on a specified date, from a
1636 certain fee for vehicles registered under the
1637 International Registration Plan; amending s. 320.0657,
1638 F.S.; providing an exception to the design of fleet
1639 license plates for specialty license plates;
1640 authorizing fleet companies to purchase specialty
1641 license plates in lieu of the standard fleet license
1642 plates for additional specified fees; requiring fleet
1643 companies to be responsible for all costs associated
1644 with the specialty license plate; amending s. 320.08,
1645 F.S.; authorizing dealers to purchase specialty
1646 license plates in lieu of the standard graphic dealer
1647 license plates for additional specified fees;
1648 requiring dealers to be responsible for all costs
1649 associated with the specialty license plate; amending
1650 s. 320.08056, F.S.; allowing the department to
1651 authorize dealer and fleet specialty license plates;
1652 authorizing a dealer or fleet company to purchase
1653 specialty license plates to be used on dealer and
1654 fleet vehicles with the permission of the sponsoring
1655 specialty license plate organization; requiring a
1656 dealer or fleet specialty license plate to include
1657 specified letters on the right side of the license
1658 plate; requiring dealer and fleet specialty license
1659 plates to be ordered directly through the department;
1660 amending s. 320.131, F.S.; authorizing, beginning on a
1661 specified date, the department to partner with a
1662 county tax collector to conduct a Fleet Vehicle
1663 Temporary Tag pilot program, subject to certain
1664 requirements; providing for future repeal; amending s.
1665 320.95, F.S.; authorizing the department to authorize
1666 the format of an electronic certificate of
1667 registration in addition to printing a paper
1668 registration certificate; authorizing the operator to
1669 present for inspection an electronic device displaying
1670 a department-issued electronic certificate or
1671 registration issued under certain circumstances;
1672 providing that such presentation does not constitute
1673 consent for inspection of any information on the
1674 device other than the displayed certificate of
1675 registration; providing that the person who presents
1676 the device to the officer assumes the liability for
1677 any resulting damage to the device; amending s.
1678 322.01, F.S.; providing definitions; amending s.
1679 322.032, F.S.; directing the department to implement
1680 protocols for issuing an optional electronic
1681 credential and procure a related technology solution;
1682 providing requirements for qualified entities;
1683 requiring the department to maintain certain protocols
1684 and national standards; requiring the department to
1685 timely review and approve all electronic credential
1686 provider requests for authorized access to certain
1687 interfaces that meet the agency’s requirements;
1688 providing requirements for an electronic credential
1689 provider and the electronic credential and
1690 verification solution; requiring the department to
1691 procure electronic credential providers and a
1692 credential service provider; requiring the department
1693 to enter into specified agreements with electronic
1694 credential providers; requiring a report to the
1695 Legislature and the Governor; requiring that the
1696 department provide electronic credential providers
1697 access to a standardized digital transaction process
1698 that has specified capabilities; requiring that
1699 certain revenue be deposited into the Motor Vehicle
1700 License Clearing Trust Fund for distribution;
1701 authorizing the department to assess a competitive
1702 market rate fee structure; prohibiting certain fees;
1703 requiring that an electronic credential be in a format
1704 that allows certain entities to verify the
1705 authenticity of such electronic credential and to
1706 validate certain privileges; providing that presenting
1707 an electronic device displaying an electronic
1708 credential does not constitute consent for a law
1709 enforcement officer to access any other information on
1710 such device; providing for the assumption of
1711 liability; amending s. 322.059, F.S.; conforming a
1712 provision to changes made by the act; amending s.
1713 322.09, F.S.; providing that a caregiver of a minor
1714 who is under a specified age and is in foster care
1715 does not assume any obligation or become liable for
1716 any damages caused by the negligence or willful
1717 misconduct of the minor by reason of having signed the
1718 minor’s application for a learner’s driver license;
1719 requiring a caseworker to notify the caregiver of his
1720 or her intent to sign and verify such application
1721 before signing the application; amending s. 322.143,
1722 F.S.; revising a definition; amending s. 322.15, F.S.;
1723 conforming a provision to changes made by the act;
1724 amending s. 322.38, F.S.; prohibiting a person from
1725 renting a motor vehicle to another until he or she has
1726 verified that the driver license of the person to whom
1727 the vehicle is rented is unexpired; deleting the
1728 requirement that a person renting a motor vehicle to
1729 another keep a record of the date when the license of
1730 the person to whom the vehicle is rented was issued;
1731 specifying that a rental car company is deemed to have
1732 met specified requirements when the rental car company
1733 requires the renter to verify that he or she is duly
1734 licensed and that the license is unexpired if the
1735 rental car company rents a motor vehicle to a person
1736 through certain digital, electronic, or other means;
1737 specifying when such verification may occur; amending
1738 s. 322.61, F.S.; conforming a cross-reference;
1739 amending s. 324.021, F.S.; revising the definition of
1740 the term “motor vehicle”; amending s. 324.031, F.S.;
1741 authorizing the owner or operator of a taxicab,
1742 limousine, jitney, or any other for-hire passenger
1743 transportation vehicle to prove financial
1744 responsibility by providing satisfactory evidence of
1745 holding a motor vehicle liability policy that is
1746 provided by an insurer that is authorized to do
1747 business in this state and a member of the Florida
1748 Insurance Guaranty Association or an eligible
1749 nonadmitted insurer that has a certain financial
1750 strength rating by a rating agency acceptable to the
1751 Office of Insurance Regulation of the Financial
1752 Services Commission; amending s. 324.032, F.S.;
1753 decreasing the minimum amount of taxicabs, limousines,
1754 jitneys, or any other for-hire passenger
1755 transportation vehicles that an owner or a lessee
1756 operates in order to be able to provide financial
1757 responsibility by complying with specified provisions,
1758 subject to certain requirements; amending s. 338.166,
1759 F.S.; revising provisions relating to express lane
1760 toll amounts charged according to average travel
1761 speed; providing that an express lane segment is the
1762 distance between the customer’s point of entry to the
1763 first available exit; providing that additional
1764 segments are defined by the distance between
1765 subsequent exits; amending s. 338.2216, F.S.; revising
1766 provisions relating to express lane toll amounts
1767 charged according to level of service; providing that
1768 an express lane segment is the distance between the
1769 customer’s point of entry to the first available exit;
1770 providing that additional segments are defined by the
1771 distance between subsequent exits; deleting a
1772 provision requiring a customer to be charged the
1773 general toll lane toll amount plus an amount set by
1774 department rule under certain circumstances; creating
1775 s. 334.352, F.S.; prohibiting a local governmental
1776 entity from preventing motor vehicle access to a
1777 transportation facility or transportation corridor
1778 under certain circumstances; amending s. 655.960,
1779 F.S.; conforming a cross-reference; amending s.
1780 812.014, F.S.; providing a criminal penalty for an
1781 offender committing grand theft who uses a device to
1782 interfere with a global positioning or similar system;
1783 providing effective dates.