Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 1394, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 4/AD/3R         .                                
             03/07/2016 05:28 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 1300 and 1301
    4  insert:
    5         Section 26. Paragraph (a) of subsection (2) of section
    6  318.18, Florida Statutes, is amended to read
    7         318.18 Amount of penalties.—The penalties required for a
    8  noncriminal disposition pursuant to s. 318.14 or a criminal
    9  offense listed in s. 318.17 are as follows:
   10         (2) Thirty dollars for all nonmoving traffic violations
   11  and:
   12         (a) For all violations of s. 322.19 and s. 366.94.
   13         Section 27. Subsection (46) is added to section 320.01,
   14  Florida Statutes, to read:
   15         320.01 Definitions, general.—As used in the Florida
   16  Statutes, except as otherwise provided, the term:
   17         (46)(a)“Ridesharing arrangements” means the transportation
   18  of not more than 15 passengers, including the driver, where the
   19  transportation is incidental to another purpose of the driver,
   20  who is not engaged in transportation as a business or for a
   21  profit. The term includes:
   22         1. Carpool or vanpool arrangements not exceeding 15
   23  passengers, including the driver, in which the driver seeks
   24  reimbursement for, or the rideshare participants may pool or
   25  otherwise share, transportation costs; and
   26         2. Carpool or vanpool arrangements not exceeding 15
   27  passengers, including the driver, used in the transportation of
   28  employees to or from their places of employment or educational
   29  or other institutions.
   30         (b) For the purposes of this chapter and chapter 627, motor
   31  vehicles used in ridesharing arrangements are not included in
   32  the term “for-hire vehicle,” and money or other consideration
   33  exchanged for, or to facilitate reimbursement of, transportation
   34  costs or related expenses in a ridesharing arrangement may not
   35  be deemed to be compensation or the receipt of a fee.
   36         Section 28. Paragraphs (c), (d), and (e) are added to
   37  subsection (8) of section 320.08056, Florida Statutes, to read:
   38         320.08056 Specialty license plates.—
   39         (8)
   40         (c) A person issued a specialty license plate that has been
   41  discontinued by the department may keep the discontinued
   42  specialty license plate for the remainder of the 10-year license
   43  plate replacement period and must pay all other applicable
   44  registration fees. However, such person is exempt from paying
   45  the applicable specialty license plate fee under subsection (4)
   46  for the remainder of the 10-year license plate replacement
   47  period.
   48         (d) If the department discontinues issuance of a specialty
   49  license plate, all annual use fees currently held or collected
   50  by the department shall be distributed within 180 days after the
   51  date the specialty license plate is discontinued. Of those fees,
   52  the department shall retain an amount sufficient to defray the
   53  applicable administrative and inventory closeout costs
   54  associated with discontinuance of the plate. The remaining funds
   55  shall be distributed to the specified organization or
   56  organizations as provided in s. 320.08058.
   57         (e) If an organization that is the intended recipient of
   58  the funds pursuant to s. 320.08058 no longer exists, the
   59  department shall deposit any undisbursed funds into the Highway
   60  Safety Operating Trust Fund.
   61         Section 29. Section 324.031, Florida Statutes, is amended
   62  to read:
   63         324.031 Manner of proving financial responsibility.—The
   64  owner or operator of a taxicab, limousine, jitney, or any other
   65  for-hire passenger transportation vehicle may prove financial
   66  responsibility by providing satisfactory evidence of holding a
   67  motor vehicle liability policy as defined in s. 324.021(8) or s.
   68  324.151, which policy is issued by an insurance carrier which is
   69  a member of the Florida Insurance Guaranty Association. The
   70  operator or owner of any other vehicle, including those used in
   71  a ridesharing arrangement, may prove his or her financial
   72  responsibility by:
   73         (1) Furnishing satisfactory evidence of holding a motor
   74  vehicle liability policy as defined in ss. 324.021(8) and
   75  324.151;
   76         (2) Furnishing a certificate of self-insurance showing a
   77  deposit of cash in accordance with s. 324.161; or
   78         (3) Furnishing a certificate of self-insurance issued by
   79  the department in accordance with s. 324.171.
   81  Any person, including any firm, partnership, association,
   82  corporation, or other person, other than a natural person,
   83  electing to use the method of proof specified in subsection (2)
   84  shall furnish a certificate of deposit equal to the number of
   85  vehicles owned times $30,000, to a maximum of $120,000; in
   86  addition, any such person, other than a natural person, shall
   87  maintain insurance providing coverage in excess of limits of
   88  $10,000/20,000/10,000 or $30,000 combined single limits, and
   89  such excess insurance shall provide minimum limits of
   90  $125,000/250,000/50,000 or $300,000 combined single limits.
   91  These increased limits shall not affect the requirements for
   92  proving financial responsibility under s. 324.032(1).
   93         Section 30. Paragraph (b) of subsection (3) of section
   94  366.94, Florida Statutes, is amended to read:
   95         366.94 Electric vehicle charging stations.—
   96         (3)
   97         (b) If a law enforcement officer finds a motor vehicle in
   98  violation of this subsection, the officer or specialist shall
   99  charge the operator or other person in charge of the vehicle in
  100  violation with a noncriminal traffic infraction, punishable as
  101  provided in s. 316.008(4) or s. 318.18(2)(a).
  102         Section 31. Paragraph (a) of subsection (2) of section
  103  812.014, Florida Statutes, is amended to read:
  104         812.014 Theft.—
  105         (2)(a)1. If the property stolen is valued at $100,000 or
  106  more or is a semitrailer that was deployed by a law enforcement
  107  officer; or
  108         2. If the property stolen is cargo valued at $50,000 or
  109  more that has entered the stream of interstate or intrastate
  110  commerce from the shipper’s loading platform to the consignee’s
  111  receiving dock; or
  112         3. If the offender commits any grand theft and:
  113         a. In the course of committing the offense the offender
  114  uses a motor vehicle as an instrumentality, other than merely as
  115  a getaway vehicle, to assist in committing the offense and
  116  thereby damages the real property of another; or
  117         b. In the course of committing the offense the offender
  118  causes damage to the real or personal property of another in
  119  excess of $1,000; or,
  120         c. In the course of committing the offense the offender
  121  uses any type of device to defeat, block, disable, jam, or
  122  interfere with a global positioning system or similar system
  123  designed to identify the location of the cargo or the vehicle or
  124  trailer carrying the cargo,
  126  the offender commits grand theft in the first degree, punishable
  127  as a felony of the first degree, as provided in s. 775.082, s.
  128  775.083, or s. 775.084.
  130  ================= T I T L E  A M E N D M E N T ================
  131  And the title is amended as follows:
  132         Delete line 145
  133  and insert:
  134         Legislature; amending s. 318.18, F.S.; adding a
  135         penalty for a specified violation; amending s. 320.01,
  136         F.S.; defining the term “ridesharing arrangements”;
  137         amending s. 320.08056, F.S.; revising provisions for
  138         discontinuing issuance of a specialty license plate;
  139         amending s. 324.031, F.S.; authorizing the operator or
  140         owner of certain vehicles used in a ridesharing
  141         arrangement to prove his or her financial
  142         responsibility by furnishing certain evidence or a
  143         certain certificate; amending s. 366.94, F.S.;
  144         revising penalties; amending s. 812.014, F.S.;
  145         specifying a certain criminal penalty for offenders
  146         committing any grand theft who in the course of
  147         committing the offense use any type of device to
  148         interfere with a global positioning system or similar
  149         system under certain circumstances; providing
  150         effective dates.