Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7061, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/09/2016 12:33 PM       .                                

       Senator Evers moved the following:
    1         Senate Amendment to Amendment (588642) (with title
    2  amendment)
    4         Between lines 2263 and 2264
    5  insert:
    6         Section 48. Paragraph (a) of subsection (2) of section
    7  318.18, Florida Statutes, is amended to read
    8         318.18 Amount of penalties.—The penalties required for a
    9  noncriminal disposition pursuant to s. 318.14 or a criminal
   10  offense listed in s. 318.17 are as follows:
   11         (2) Thirty dollars for all nonmoving traffic violations
   12  and:
   13         (a) For all violations of ss. s. 322.19 and 366.94.
   14         Section 49. Subsection (46) is added to section 320.01,
   15  Florida Statutes, to read:
   16         320.01 Definitions, general.—As used in the Florida
   17  Statutes, except as otherwise provided, the term:
   18         (46)(a)“Ridesharing arrangements” means the transportation
   19  of not more than 15 passengers, including the driver, where the
   20  transportation is incidental to another purpose of the driver,
   21  who is not engaged in transportation as a business or for a
   22  profit. The term includes:
   23         1. Carpool or vanpool arrangements not exceeding 15
   24  passengers, including the driver, in which the driver seeks
   25  reimbursement for, or the rideshare participants may pool or
   26  otherwise share, transportation costs; and
   27         2. Carpool or vanpool arrangements not exceeding 15
   28  passengers, including the driver, used in the transportation of
   29  employees to or from their places of employment or educational
   30  or other institutions.
   31         (b) For the purposes of this chapter and chapter 627, motor
   32  vehicles used in ridesharing arrangements are not included in
   33  the term “for-hire vehicle,” and money or other consideration
   34  exchanged for, or to facilitate reimbursement of, transportation
   35  costs or related expenses in a ridesharing arrangement may not
   36  be deemed to be compensation or the receipt of a fee.
   37         Section 50. Paragraphs (c), (d), and (e) are added to
   38  subsection (8) of section 320.08056, Florida Statutes, to read:
   39         320.08056 Specialty license plates.—
   40         (8)
   41         (c) A person issued a specialty license plate that has been
   42  discontinued by the department may keep the discontinued
   43  specialty license plate for the remainder of the 10-year license
   44  plate replacement period and must pay all other applicable
   45  registration fees. However, such person is exempt from paying
   46  the applicable specialty license plate fee under subsection (4)
   47  for the remainder of the 10-year license plate replacement
   48  period.
   49         (d) If the department discontinues issuance of a specialty
   50  license plate, all annual use fees currently held or collected
   51  by the department shall be distributed within 180 days after the
   52  date the specialty license plate is discontinued. Of those fees,
   53  the department shall retain an amount sufficient to defray the
   54  applicable administrative and inventory closeout costs
   55  associated with discontinuance of the plate. The remaining funds
   56  shall be distributed to the specified organization or
   57  organizations as provided in s. 320.08058.
   58         (e) If an organization that is the intended recipient of
   59  the funds pursuant to s. 320.08058 no longer exists, the
   60  department shall deposit any undisbursed funds into the Highway
   61  Safety Operating Trust Fund.
   62         Section 51. Section 324.031, Florida Statutes, is amended
   63  to read:
   64         324.031 Manner of proving financial responsibility.—The
   65  owner or operator of a taxicab, limousine, jitney, or any other
   66  for-hire passenger transportation vehicle may prove financial
   67  responsibility by providing satisfactory evidence of holding a
   68  motor vehicle liability policy as defined in s. 324.021(8) or s.
   69  324.151, which policy is issued by an insurance carrier which is
   70  a member of the Florida Insurance Guaranty Association. The
   71  operator or owner of any other vehicle, including those used in
   72  a ridesharing arrangement, may prove his or her financial
   73  responsibility by:
   74         (1) Furnishing satisfactory evidence of holding a motor
   75  vehicle liability policy as defined in ss. 324.021(8) and
   76  324.151;
   77         (2) Furnishing a certificate of self-insurance showing a
   78  deposit of cash in accordance with s. 324.161; or
   79         (3) Furnishing a certificate of self-insurance issued by
   80  the department in accordance with s. 324.171.
   82  Any person, including any firm, partnership, association,
   83  corporation, or other person, other than a natural person,
   84  electing to use the method of proof specified in subsection (2)
   85  shall furnish a certificate of deposit equal to the number of
   86  vehicles owned times $30,000, to a maximum of $120,000; in
   87  addition, any such person, other than a natural person, shall
   88  maintain insurance providing coverage in excess of limits of
   89  $10,000/20,000/10,000 or $30,000 combined single limits, and
   90  such excess insurance shall provide minimum limits of
   91  $125,000/250,000/50,000 or $300,000 combined single limits.
   92  These increased limits shall not affect the requirements for
   93  proving financial responsibility under s. 324.032(1).
   94         Section 52. Paragraph (b) of subsection (3) of section
   95  366.94, Florida Statutes, is amended to read:
   96         366.94 Electric vehicle charging stations.—
   97         (3)
   98         (b) If a law enforcement officer finds a motor vehicle in
   99  violation of this subsection, the officer or specialist shall
  100  charge the operator or other person in charge of the vehicle in
  101  violation with a noncriminal traffic infraction, punishable as
  102  provided in s. 316.008(4) or s. 318.18(2)(a).
  103         Section 53. Paragraph (a) of subsection (2) of section
  104  812.014, Florida Statutes, is amended to read:
  105         812.014 Theft.—
  106         (2)(a)1. If the property stolen is valued at $100,000 or
  107  more or is a semitrailer that was deployed by a law enforcement
  108  officer; or
  109         2. If the property stolen is cargo valued at $50,000 or
  110  more that has entered the stream of interstate or intrastate
  111  commerce from the shipper’s loading platform to the consignee’s
  112  receiving dock; or
  113         3. If the offender commits any grand theft and:
  114         a. In the course of committing the offense the offender
  115  uses a motor vehicle as an instrumentality, other than merely as
  116  a getaway vehicle, to assist in committing the offense and
  117  thereby damages the real property of another; or
  118         b. In the course of committing the offense the offender
  119  causes damage to the real or personal property of another in
  120  excess of $1,000; or,
  121         c. In the course of committing the offense the offender
  122  uses any type of device to defeat, block, disable, jam, or
  123  interfere with a global positioning system or similar system
  124  designed to identify the location of the cargo or the vehicle or
  125  trailer carrying the cargo,
  127  the offender commits grand theft in the first degree, punishable
  128  as a felony of the first degree, as provided in s. 775.082, s.
  129  775.083, or s. 775.084.
  131  ================= T I T L E  A M E N D M E N T ================
  132  And the title is amended as follows:
  133         Delete line 3163
  134  and insert:
  135         applicability; amending s. 318.18, F.S.; adding a
  136         penalty for a specified violation; amending s. 320.01,
  137         F.S.; defining the term “ridesharing arrangements”;
  138         amending s. 320.08056, F.S.; revising provisions for
  139         discontinuing issuance of a specialty license plate;
  140         amending s. 324.031, F.S.; authorizing the operator or
  141         owner of certain vehicles used in a ridesharing
  142         arrangement to prove his or her financial
  143         responsibility by furnishing certain evidence or a
  144         certain certificate; amending s. 366.94, F.S.;
  145         revising penalties; amending s. 812.014, F.S.;
  146         specifying a certain criminal penalty for offenders
  147         committing any grand theft who in the course of
  148         committing the offense use any type of device to
  149         interfere with a global positioning system or similar
  150         system under certain circumstances; providing an
  151         effective date.