Florida Senate - 2017 CS for CS for SB 784
By the Committees on Appropriations; and Transportation; and
Senators Gainer and Rouson
576-04749-17 2017784c2
1 A bill to be entitled
2 An act relating to motor vehicles; amending s.
3 316.003, F.S.; defining the term “autocycle”;
4 redefining the term “motorcycle”; conforming a cross-
5 reference; amending s. 316.193, F.S.; authorizing a
6 court to order placement of an ignition interlock
7 device as a condition of probation, subject to certain
8 requirements; authorizing the court to withhold
9 adjudication if a person convicted of a certain
10 offense voluntarily places, or if the court orders
11 placement of, an ignition interlock device, under
12 certain circumstances; providing that failure of the
13 person to comply with the full terms of the order
14 requiring placement of an ignition interlock device
15 may result in the court ordering an adjudication of
16 guilt; defining the term “conviction”; amending s.
17 316.1937, F.S.; requiring a court that imposes the use
18 of an ignition interlock device to provide certain
19 discounts on the monthly leasing fee for the device,
20 if the person documents that he or she meets certain
21 income requirements; waiving costs associated with
22 installation and removal of the device in certain
23 circumstances; amending ss. 316.2397 and 316.2398,
24 F.S.; prohibiting vehicles or equipment from showing
25 or displaying red and white lights while being driven
26 or moved; authorizing firefighters to use or display
27 red and white lights under certain circumstances;
28 authorizing active volunteer firefighters to display
29 red and white warning signals under certain
30 circumstances; amending s. 316.302, F.S.; revising
31 provisions relating to federal regulations to which
32 owners and drivers of commercial motor vehicles are
33 subject; delaying the requirement for electronic
34 logging devices for intrastate motor carriers;
35 terminating the maximum amount of a civil penalty for
36 falsification of information on certain time records;
37 deleting the requirement that a motor carrier maintain
38 documentation of a driver’s driving times throughout a
39 duty period if the driver is not released from duty
40 within a specified period; providing an exemption from
41 specified rules and regulations for a person who
42 operates a commercial motor vehicle with a declared
43 gross vehicle weight, gross vehicle weight rating, and
44 gross combined weight rating of less than a specified
45 amount under certain circumstances; amending s.
46 316.3025, F.S.; conforming provisions to changes made
47 by the act; amending s. 316.614, F.S.; redefining the
48 term “motor vehicle”; prohibiting a person from
49 operating an autocycle unless certain safety belt or
50 child restraint device requirements are met; amending
51 s. 316.85, F.S.; authorizing a person who possesses a
52 valid driver license to engage autonomous technology
53 to operate an autonomous vehicle under a specified
54 circumstance; authorizing a person who does not
55 possess a valid driver license to engage autonomous
56 technology to operate an autonomous vehicle in
57 autonomous mode under certain circumstances; creating
58 s. 316.851, F.S.; requiring an autonomous vehicle used
59 by a transportation network company to be covered by
60 automobile insurance, subject to certain requirements;
61 requiring an autonomous vehicle used to provide a
62 transportation service to carry in the vehicle proof
63 of coverage satisfying certain requirements at all
64 times while operating in autonomous mode; amending s.
65 318.1215, F.S.; authorizing a board of county
66 commissioners to require, by ordinance, that the clerk
67 of the court collect an additional specified fee with
68 each criminal, rather than each civil, traffic
69 penalty; amending s. 318.18, F.S.; changing the term
70 “construction zone” to “work zone” as it relates to
71 enhanced penalties for unlawful speed; amending s.
72 320.01, F.S.; redefining the terms “apportionable
73 vehicle” and “motorcycle”; amending s. 320.02, F.S.;
74 requiring an application form for motor vehicle
75 registration to include language authorizing a
76 voluntary contribution to be distributed to Preserve
77 Vision Florida, rather than to Prevent Blindness
78 Florida; amending s. 320.03, F.S.; requiring tax
79 collectors to provide motor vehicle registration
80 services to residents of other counties; providing
81 that jurisdiction over the electronic filing system
82 for use by authorized electronic filing system agents
83 to process title transactions, derelict motor vehicle
84 certificates, and certificates of destruction for
85 derelict and salvage motor vehicles is preempted to
86 the state; authorizing an entity that, in the normal
87 course of its business, processes title transactions,
88 derelict motor vehicle certificates, or certificates
89 of destruction for derelict or salvage motor vehicles
90 to be an authorized electronic filing system agent;
91 authorizing the department to adopt rules to
92 administer specified provisions; amending s. 320.06,
93 F.S.; providing for future repeal of issuance of a
94 certain annual license plate and cab card to a vehicle
95 that has an apportioned registration; providing
96 requirements, beginning on a specified date, for
97 license plates, cab cards, and validation stickers for
98 vehicles registered in accordance with the
99 International Registration Plan; authorizing a worn or
100 damaged license plate to be replaced at no charge
101 under certain circumstances; providing an exception to
102 the design of dealer license plates for specialty
103 license plates; amending s. 320.0605, F.S.;
104 authorizing presentation of electronic documentation
105 of certain information to a law enforcement officer or
106 agent of the department; providing construction;
107 providing liability; revising information required in
108 such documentation; amending s. 320.0607, F.S.;
109 providing an exemption, beginning on a specified date,
110 of a certain fee for vehicles registered under the
111 International Registration Plan; amending s. 320.0657,
112 F.S.; providing an exception to the design of fleet
113 license plates for specialty license plates;
114 authorizing fleet companies to purchase specialty
115 license plates in lieu of the standard fleet license
116 plates for additional specified fees; requiring fleet
117 companies to be responsible for all costs associated
118 with the specialty license plate; amending s. 320.08,
119 F.S.; requiring a truck tractor used within this state
120 to be eligible for a license plate for a specified fee
121 under certain circumstances; requiring a truck tractor
122 or heavy truck, not operated as a for-hire vehicle,
123 which is engaged exclusively in transporting raw,
124 unprocessed, and nonmanufactured agricultural or
125 horticultural products within this state to be
126 eligible for a restricted license for a certain fee;
127 authorizing dealers to purchase specialty license
128 plates in lieu of the standard graphic dealer license
129 plates for additional specified fees; requiring
130 dealers to be responsible for all costs associated
131 with the specialty license plate; conforming cross
132 references; amending s. 320.08056, F.S.; allowing the
133 department to authorize dealer and fleet specialty
134 license plates; authorizing a dealer or fleet company
135 to purchase specialty license plates to be used on
136 dealer and fleet vehicles with the permission of the
137 sponsoring specialty license plate organization;
138 requiring a dealer or fleet specialty license plate to
139 include specified letters on the right side of the
140 license plate; requiring dealer and fleet specialty
141 license plates to be ordered directly through the
142 department; deleting the American Red Cross, Donate
143 Organs-Pass It On, St. Johns River, and Hispanic
144 Achievers license plates; establishing an annual use
145 fee for certain specialty license plates; conforming
146 cross-references; amending s. 320.08058, F.S.;
147 deleting the American Red Cross, Donate Organs-Pass It
148 On, St. Johns River, and Hispanic Achievers license
149 plates; revising the distribution of proceeds for the
150 Fallen Law Enforcement Officers License Plate;
151 requiring the Department of Highway Safety and Motor
152 Vehicles to develop certain specialty license plates;
153 providing for distribution and use of fees collected
154 from the sale of the plates; amending s. 320.08068,
155 F.S.; requiring The Able Trust to distribute a
156 specified percentage of annual use fees from
157 motorcycle specialty license plates to Preserve Vision
158 Florida, rather than to Prevent Blindness Florida;
159 amending s. 320.086, F.S.; providing that, for
160 purposes of this section, a trailer is considered a
161 motor vehicle; creating s. 320.0875, F.S.; providing
162 for a motorcycle special license plate to be issued to
163 a recipient of the Purple Heart; providing
164 requirements for the plate; amending s. 320.089, F.S.;
165 providing for a special license plate to be issued to
166 a recipient of the Bronze Star; making technical
167 changes; amending s. 320.133, F.S.; defining the term
168 “transporter license plate eligible business”;
169 providing that a person is not eligible to purchase or
170 renew a transporter license plate unless he or she
171 provides certain proof that his or her business is a
172 transporter license plate eligible business; providing
173 application and insurance requirements for
174 qualification as a transporter license plate eligible
175 business; authorizing the department to issue a
176 transporter license plate to an applicant who is not a
177 licensed dealer and is qualified as a transporter
178 license plate eligible business, under certain
179 circumstances; providing that a transporter license
180 plate is valid only for use on an unregistered motor
181 vehicle in the possession of the transporter, subject
182 to certain requirements; providing a criminal penalty
183 for a person who sells or unlawfully possesses,
184 distributes, or brokers a transporter license plate to
185 be attached to any vehicle; providing that transporter
186 license plates are subject to cancellation by the
187 department; providing a criminal penalty and
188 disqualification from transporter license plate usage
189 for a person who knowingly and willfully sells or
190 unlawfully possesses, distributes, or brokers a
191 transporter license plate to avoid registering a
192 vehicle requiring registration, subject to certain
193 requirements; providing recordkeeping requirements for
194 a transporter license plate eligible business;
195 providing a criminal penalty, cancellation of
196 transporter license plates, and disqualification from
197 future issuance of the plates for a violation of such
198 recordkeeping requirements; requiring a transporter
199 license plate issued under this section to be
200 accompanied by registration and proof of insurance
201 when attached to a motor vehicle; providing a criminal
202 penalty and removal of the license plate for a person
203 who fails to provide such documentation; providing an
204 exemption to persons who contract with dealers and
205 auctions to transport motor vehicles; conforming
206 provisions to changes made by the act; providing that
207 an initial registration or renewal issued under this
208 section is valid for a specified period; requiring a
209 license plate attached to a motor vehicle in violation
210 of specified provisions to be removed by a law
211 enforcement officer and surrendered to the department
212 by the law enforcement agency for cancellation;
213 amending s. 320.27, F.S.; revising the definitions of
214 “motor vehicle dealer” and “motor vehicle broker”;
215 requiring any person acting in violation of specified
216 licensing requirements to be deemed to have committed
217 an unfair and deceptive trade practice in violation of
218 specified provisions; making technical changes;
219 amending s. 321.25, F.S.; providing for reimbursement
220 to the department of tuition and other course expenses
221 for certain training under certain circumstances;
222 defining the term “other course expenses”; authorizing
223 the department to institute a civil action under
224 certain circumstances; authorizing the department to
225 waive a person’s requirement of reimbursement when the
226 person terminates employment due to hardship or
227 extenuating circumstances; amending s. 322.01, F.S.;
228 conforming provisions to changes made by the act;
229 amending s. 322.03, F.S.; authorizing a person to
230 operate an autocycle without a motorcycle endorsement;
231 amending s. 322.032, F.S.; requiring the department,
232 in collaboration with the Agency for State Technology,
233 to establish and implement certain protocols and
234 standards related to digital proofs of driver licenses
235 and to procure an application programming interface
236 for a specified purpose; conforming a provision to
237 changes made by the act; providing construction
238 relating to a person’s presentation of an electronic
239 device displaying a digital proof of driver license to
240 a law enforcement officer; amending s. 322.051, F.S.;
241 revising eligibility for a “D” designation on an
242 identification card to include posttraumatic stress
243 disorder or traumatic brain injury; amending s.
244 322.08, F.S.; requiring an application form for an
245 original, renewal, or replacement driver license or
246 identification card to include language authorizing a
247 voluntary contribution to Preserve Vision Florida,
248 rather than to Prevent Blindness Florida; amending s.
249 322.091, F.S.; requiring the department to make
250 available, upon request, a report to each school
251 district of certain information for each student whose
252 driving privileges have been suspended under this
253 section; amending s. 322.12, F.S.; requiring the tax
254 collector to retain specified fees if a subsequent
255 knowledge or skills test is administered by the tax
256 collector; exempting the operation of an autocycle
257 from certain examination requirements for licenses to
258 operate motorcycles; amending s. 322.135, F.S.;
259 requiring tax collectors to provide driver license
260 services to residents of all counties; amending s.
261 322.17, F.S.; providing for replacement of a stolen
262 identification card at no charge, subject to certain
263 requirements; amending s. 322.21, F.S.; deleting
264 obsolete provisions; deleting a fee for certain
265 specialty driver licenses or identification cards;
266 providing disposition of specified fees for
267 reinstatement of a driver license following a
268 suspension, revocation, or disqualification when the
269 reinstatement is processed by the department or the
270 tax collector; requiring an applicant who submits an
271 application for a renewal or replacement driver
272 license or identification card to the department using
273 a convenience service to be provided with an option
274 for expedited shipping, subject to certain
275 requirements; requiring a fee to be charged for the
276 expedited shipping option, subject to certain
277 requirements; providing for disposition of such fee;
278 amending s. 322.61, F.S.; adding violations for
279 texting or using a handheld mobile telephone while
280 driving a commercial motor vehicle as specified
281 offenses that, in certain circumstances, result in
282 disqualification from operating a commercial motor
283 vehicle for a specified period; amending s. 324.031,
284 F.S.; revising insurer requirements for a motor
285 vehicle liability policy held by the owner or operator
286 of a taxicab, limousine, jitney, or any other for-hire
287 passenger transportation vehicle; revising certain
288 excess insurance minimum limits for an operator or
289 owner of any other vehicle proving his or her
290 financial responsibility by furnishing a certain
291 certificate of self-insurance showing a deposit of
292 cash; amending s. 531.37, F.S.; revising the
293 definition of the term “weights and measures”;
294 amending s. 531.61, F.S.; deleting a provision
295 exempting certain taximeters from specified permit
296 requirements; amending s. 531.63, F.S.; deleting a
297 provision prohibiting the annual permit fees for
298 taximeters from exceeding $50; amending s. 877.27,
299 F.S.; prohibiting a person from using a device
300 prohibited by the Federal Communications Commission
301 which would cause interference with the legal use of a
302 global positioning system to track vehicles; amending
303 ss. 212.05, 316.303, 316.545, 316.613, and 655.960,
304 F.S.; conforming cross-references; providing
305 applicability of certain changes made by the act;
306 providing effective dates, one of which is contingent.
307
308 Be It Enacted by the Legislature of the State of Florida:
309
310 Section 1. Present subsections (2) through (97) of section
311 316.003, Florida Statutes, are redesignated as subsections (3)
312 through (98), respectively, a new subsection (2) is added to
313 that section, and present subsections (41) and (55) of that
314 section are amended, to read:
315 316.003 Definitions.—The following words and phrases, when
316 used in this chapter, shall have the meanings respectively
317 ascribed to them in this section, except where the context
318 otherwise requires:
319 (2) AUTOCYCLE.—A three-wheel motorcycle that has two wheels
320 in the front and one wheel in the back, is equipped with a roll
321 cage or roll hoops, safety belts for each occupant, antilock
322 brakes, a steering wheel, and seating that does not require the
323 operator to straddle or sit astride it and is manufactured by a
324 National Highway Traffic Safety Administration registered
325 manufacturer in accordance with the applicable federal
326 motorcycle safety standards under 49 C.F.R. part 571.
327 (42)(41) MOTORCYCLE.—Any motor vehicle that has having a
328 seat or saddle for the use of the rider which is and designed to
329 travel on not more than three wheels in contact with the ground,
330 including an autocycle. The term does not include a tractor, a
331 moped, or a vehicle in which the operator is enclosed by a cabin
332 unless the vehicle meets the requirements set forth by the
333 National Highway Traffic Safety Administration for a motorcycle
334 but excluding a tractor or a moped.
335 (56)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
336 provided in paragraph (78)(b) (77)(b), any privately owned way
337 or place used for vehicular travel by the owner and those having
338 express or implied permission from the owner, but not by other
339 persons.
340 Section 2. Subsection (2) of section 316.193, Florida
341 Statutes, is amended to read:
342 316.193 Driving under the influence; penalties.—
343 (2)
344 (a) Except as provided in paragraph (b), subsection (3), or
345 subsection (4), any person who is convicted of a violation of
346 subsection (1) shall be punished:
347 1. By a fine of:
348 a. Not less than $500 or more than $1,000 for a first
349 conviction.
350 b. Not less than $1,000 or more than $2,000 for a second
351 conviction; and
352 2. By imprisonment for:
353 a. Not more than 6 months for a first conviction.
354 b. Not more than 9 months for a second conviction.
355 3. For a second conviction, by mandatory placement for a
356 period of at least 1 year, at the convicted person’s sole
357 expense, of an ignition interlock device approved by the
358 department in accordance with s. 316.1938 upon all vehicles that
359 are individually or jointly leased or owned and routinely
360 operated by the convicted person, when the convicted person
361 qualifies for a permanent or restricted license. The
362 installation of such device may not occur before July 1, 2003.
363 (b)1. Any person who is convicted of a third violation of
364 this section for an offense that occurs within 10 years after a
365 prior conviction for a violation of this section commits a
366 felony of the third degree, punishable as provided in s.
367 775.082, s. 775.083, or s. 775.084. In addition, the court shall
368 order the mandatory placement for a period of not less than 2
369 years, at the convicted person’s sole expense, of an ignition
370 interlock device approved by the department in accordance with
371 s. 316.1938 upon all vehicles that are individually or jointly
372 leased or owned and routinely operated by the convicted person,
373 when the convicted person qualifies for a permanent or
374 restricted license. The installation of such device may not
375 occur before July 1, 2003.
376 2. Any person who is convicted of a third violation of this
377 section for an offense that occurs more than 10 years after the
378 date of a prior conviction for a violation of this section shall
379 be punished by a fine of not less than $2,000 or more than
380 $5,000 and by imprisonment for not more than 12 months. In
381 addition, the court shall order the mandatory placement for a
382 period of at least 2 years, at the convicted person’s sole
383 expense, of an ignition interlock device approved by the
384 department in accordance with s. 316.1938 upon all vehicles that
385 are individually or jointly leased or owned and routinely
386 operated by the convicted person, when the convicted person
387 qualifies for a permanent or restricted license. The
388 installation of such device may not occur before July 1, 2003.
389 3. Any person who is convicted of a fourth or subsequent
390 violation of this section, regardless of when any prior
391 conviction for a violation of this section occurred, commits a
392 felony of the third degree, punishable as provided in s.
393 775.082, s. 775.083, or s. 775.084. However, the fine imposed
394 for such fourth or subsequent violation may be not less than
395 $2,000.
396 (c) In addition to the penalties in paragraph (a), as a
397 condition of probation, the court may order placement, at the
398 convicted person’s sole expense, of an ignition interlock device
399 approved by the department in accordance with s. 316.1938 for at
400 least 6 continuous months upon all vehicles that are
401 individually or jointly leased or owned and routinely operated
402 by the convicted person if, at the time of the offense, the
403 person had a blood-alcohol level or breath-alcohol level of .08
404 or higher. If the convicted person is convicted of a first
405 offense misdemeanor of the second degree and has not caused
406 injury to, or the death of, a person or damage to property and
407 such person voluntarily places, or if the court orders placement
408 of, an interlock device under this subsection, the court, upon
409 proper showing that the person has received counseling,
410 treatment, rehabilitation or is enrolled in a substance abuse
411 course pursuant to subsection (5), may withhold adjudication if
412 the person does not have a prior withholding of adjudication or
413 adjudication of guilt for any other offense. Failure of the
414 person to comply with the full terms of the order of placement
415 of the ignition interlock device may result in, among other
416 penalties, the court ordering an adjudication of guilt.
417
418 For purposes of this subsection, the term “conviction” means a
419 determination of guilt which is the result of a plea or a trial,
420 regardless of whether adjudication is withheld or a plea of nolo
421 contendere is entered.
422 Section 3. Subsection (2) of section 316.1937, Florida
423 Statutes, is amended to read:
424 316.1937 Ignition interlock devices, requiring; unlawful
425 acts.—
426 (2) If the court imposes the use of an ignition interlock
427 device, the court shall:
428 (a) Stipulate on the record the requirement for, and the
429 period of, the use of a certified ignition interlock device.
430 (b) Order that the records of the department reflect such
431 requirement.
432 (c) Order that an ignition interlock device be installed,
433 as the court may determine necessary, on any vehicle owned or
434 operated by the person.
435 (d) If the person claims inability to pay, provide the
436 following discounts on the monthly leasing fee:
437 1. If a person’s family income is at or below 100 percent
438 of the federal poverty level as documented by written order of
439 the court, the regular monthly leasing fee charged to all
440 customers by the interlock provider shall be discounted by 50
441 percent.
442 2. If a person’s family income is at or below 149 percent
443 of the federal poverty level as documented by written order of
444 the court, the regular monthly leasing fee charged to all
445 customers by the interlock provider shall be discounted by 25
446 percent.
447
448 Persons who qualify for a reduced leasing fee as provided in
449 this paragraph are not required to pay the costs of installation
450 or removal of the device. Determine the person’s ability to pay
451 for installation of the device if the person claims inability to
452 pay. If the court determines that the person is unable to pay
453 for installation of the device, the court may order that any
454 portion of a fine paid by the person for a violation of s.
455 316.193 shall be allocated to defray the costs of installing the
456 device.
457 (e) Require proof of installation of the device and
458 periodic reporting to the department for verification of the
459 operation of the device in the person’s vehicle.
460 Section 4. Subsections (1) and (3) of section 316.2397,
461 Florida Statutes, are amended to read:
462 316.2397 Certain lights prohibited; exceptions.—
463 (1) A No person may not shall drive or move or cause to be
464 moved any vehicle or equipment upon any highway within this
465 state with a any lamp or device thereon showing or displaying a
466 red, red and white, or blue light visible from directly in front
467 thereof except for certain vehicles hereinafter provided in this
468 section.
469 (3) Vehicles of the fire department and fire patrol,
470 including vehicles of volunteer firefighters as permitted under
471 s. 316.2398, may show or display red, or red and white, lights.
472 Vehicles of medical staff physicians or technicians of medical
473 facilities licensed by the state as authorized under s.
474 316.2398, ambulances as authorized under this chapter, and buses
475 and taxicabs as authorized under s. 316.2399 may show or display
476 red lights. Vehicles of the fire department, fire patrol, police
477 vehicles, and such ambulances and emergency vehicles of
478 municipal and county departments, public service corporations
479 operated by private corporations, the Fish and Wildlife
480 Conservation Commission, the Department of Environmental
481 Protection, the Department of Transportation, the Department of
482 Agriculture and Consumer Services, and the Department of
483 Corrections as are designated or authorized by their respective
484 department or the chief of police of an incorporated city or any
485 sheriff of any county may operate emergency lights and sirens in
486 an emergency. Wreckers, mosquito control fog and spray vehicles,
487 and emergency vehicles of governmental departments or public
488 service corporations may show or display amber lights when in
489 actual operation or when a hazard exists provided they are not
490 used going to and from the scene of operation or hazard without
491 specific authorization of a law enforcement officer or law
492 enforcement agency. Wreckers, flatbed, car carriers, or
493 rollbacks registered as wreckers pursuant to s. 320.08(5)(d) or
494 (e) must use amber rotating or flashing lights while performing
495 recoveries and loading on the roadside day or night, and may use
496 such lights while towing a vehicle on wheel lifts, slings, or
497 under reach, flatbeds, car carriers, or rollbacks if the
498 operator of the wrecker deems such lights necessary. A flatbed,
499 car carrier, or rollback may not use amber rotating or flashing
500 lights when hauling a vehicle on the bed unless it creates a
501 hazard to other motorists because of protruding objects.
502 Further, escort vehicles may show or display amber lights when
503 in the actual process of escorting overdimensioned equipment,
504 material, or buildings as authorized by law. Vehicles owned or
505 leased by private security agencies may show or display green
506 and amber lights, with either color being no greater than 50
507 percent of the lights displayed, while the security personnel
508 are engaged in security duties on private or public property.
509 Section 5. Section 316.2398, Florida Statutes, is amended
510 to read:
511 316.2398 Display or use of red, or red and white, warning
512 signals; motor vehicles of volunteer firefighters or medical
513 staff.—
514 (1) A privately owned vehicle belonging to an active
515 firefighter member of a regularly organized volunteer
516 firefighting company or association, while en route to the fire
517 station for the purpose of proceeding to the scene of a fire or
518 other emergency or while en route to the scene of a fire or
519 other emergency in the line of duty as an active firefighter
520 member of a regularly organized firefighting company or
521 association, may display or use red, or red and white, warning
522 signals. or A privately owned vehicle belonging to a medical
523 staff physician or technician of a medical facility licensed by
524 the state, while responding to an emergency in the line of duty,
525 may display or use red warning signals. Warning signals must be
526 visible from the front and from the rear of such vehicle,
527 subject to the following restrictions and conditions:
528 (a) Red, or red and white, No more than two red warning
529 signals may be displayed as determined by the responding agency
530 in order to maintain public safety and the safety of the
531 responding vehicle occupants.
532 (b) No inscription of any kind may appear across the face
533 of the lens of the red, or red and white, warning signal.
534 (c) In order for an active volunteer firefighter to display
535 such red, or red and white, warning signals on his or her
536 vehicle, the volunteer firefighter must first secure a written
537 permit from the chief executive officers of the firefighting
538 organization to use the red, or red and white, warning signals,
539 and this permit must be carried by the volunteer firefighter at
540 all times while the red, or red and white, warning signals are
541 displayed.
542 (2) A It is unlawful for any person who is not an active
543 firefighter member of a regularly organized volunteer
544 firefighting company or association or a physician or technician
545 of the medical staff of a medical facility licensed by the state
546 may not to display on any motor vehicle owned by him or her, at
547 any time, any red, or red and white, warning signals as
548 described in subsection (1).
549 (3) It is unlawful for An active volunteer firefighter may
550 not to operate any red, or red and white, warning signals as
551 authorized in subsection (1), except while en route to the fire
552 station for the purpose of proceeding to the scene of a fire or
553 other emergency, or while at or en route to the scene of a fire
554 or other emergency, in the line of duty.
555 (4) It is unlawful for A physician or technician of the
556 medical staff of a medical facility may not to operate any red
557 warning signals as authorized in subsection (1), except when
558 responding to an emergency in the line of duty.
559 (5) A violation of this section is a nonmoving violation,
560 punishable as provided in chapter 318. In addition, a any
561 volunteer firefighter who violates this section shall be
562 dismissed from membership in the firefighting organization by
563 the chief executive officers thereof.
564 Section 6. Subsection (1) and paragraphs (a), (c), (d), and
565 (f) of subsection (2) of section 316.302, Florida Statutes, are
566 amended to read:
567 316.302 Commercial motor vehicles; safety regulations;
568 transporters and shippers of hazardous materials; enforcement.—
569 (1) Except as otherwise provided in subsection (3):
570 (a) All owners and drivers of commercial motor vehicles
571 that are operated on the public highways of this state while
572 engaged in interstate commerce are subject to the rules and
573 regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
574 (b) Except as otherwise provided in this section, all
575 owners or drivers of commercial motor vehicles that are engaged
576 in intrastate commerce are subject to the rules and regulations
577 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
578 the exception of 49 C.F.R. s. 390.5 as it relates to the
579 definition of bus, as such rules and regulations existed on
580 December 31, 2016 2012.
581 (c) The emergency exceptions provided by 49 C.F.R. s.
582 392.82 also apply to communications by utility drivers and
583 utility contractor drivers during a Level 1 activation of the
584 State Emergency Operations Center, as provided in the Florida
585 Comprehensive Emergency Management plan, or during a state of
586 emergency declared by executive order or proclamation of the
587 Governor.
588 (d) Except as provided in s. 316.215(5), and except as
589 provided in s. 316.228 for rear overhang lighting and flagging
590 requirements for intrastate operations, the requirements of this
591 section supersede all other safety requirements of this chapter
592 for commercial motor vehicles.
593 (e) The requirement for electronic logging devices and
594 hours of service support documents will not go into effect for
595 motor carriers engaged in intrastate commerce, not carrying
596 hazardous materials in amounts that require placards, until
597 December 31, 2018.
598 (2)(a) A person who operates a commercial motor vehicle
599 solely in intrastate commerce not transporting any hazardous
600 material in amounts that require placarding pursuant to 49
601 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
602 and 395.3 395.3(a) and (b).
603 (c) Except as provided in 49 C.F.R. s. 395.1, a person who
604 operates a commercial motor vehicle solely in intrastate
605 commerce not transporting any hazardous material in amounts that
606 require placarding pursuant to 49 C.F.R. part 172 may not drive
607 after having been on duty more than 70 hours in any period of 7
608 consecutive days or more than 80 hours in any period of 8
609 consecutive days if the motor carrier operates every day of the
610 week. Thirty-four consecutive hours off duty shall constitute
611 the end of any such period of 7 or 8 consecutive days. This
612 weekly limit does not apply to a person who operates a
613 commercial motor vehicle solely within this state while
614 transporting, during harvest periods, any unprocessed
615 agricultural products or unprocessed food or fiber that is
616 subject to seasonal harvesting from place of harvest to the
617 first place of processing or storage or from place of harvest
618 directly to market or while transporting livestock, livestock
619 feed, or farm supplies directly related to growing or harvesting
620 agricultural products. Upon request of the Department of Highway
621 Safety and Motor Vehicles, motor carriers shall furnish time
622 records or other written verification to that department so that
623 the Department of Highway Safety and Motor Vehicles can
624 determine compliance with this subsection. These time records
625 must be furnished to the Department of Highway Safety and Motor
626 Vehicles within 2 days after receipt of that department’s
627 request. Falsification of such information is subject to a civil
628 penalty not to exceed $100. The provisions of This paragraph
629 does do not apply to operators of farm labor vehicles operated
630 during a state of emergency declared by the Governor or operated
631 pursuant to s. 570.07(21), and does do not apply to drivers of
632 utility service vehicles as defined in 49 C.F.R. s. 395.2.
633 (d) A person who operates a commercial motor vehicle solely
634 in intrastate commerce not transporting any hazardous material
635 in amounts that require placarding pursuant to 49 C.F.R. part
636 172 within a 150 air-mile radius of the location where the
637 vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
638 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (e)(1)(iii)(A) and
639 (C), 395.1(e)(1)(iii) and (e)(1)(v) are met. If a driver is not
640 released from duty within 12 hours after the driver arrives for
641 duty, the motor carrier must maintain documentation of the
642 driver’s driving times throughout the duty period.
643 (f) A person who operates a commercial motor vehicle having
644 a declared gross vehicle weight, gross vehicle weight rating,
645 and gross combined weight rating of less than 26,001 pounds
646 solely in intrastate commerce and who is not transporting
647 hazardous materials in amounts that require placarding pursuant
648 to 49 C.F.R. part 172, or who is transporting petroleum products
649 as defined in s. 376.301, is exempt from subsection (1).
650 However, such person must comply with 49 C.F.R. parts 382, 392,
651 and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
652 Section 7. Paragraph (a) of subsection (6) of section
653 316.3025, Florida Statutes, is amended to read:
654 316.3025 Penalties.—
655 (6)(a) A driver who violates 49 C.F.R. s. 392.80, which
656 prohibits texting while operating a commercial motor vehicle, or
657 49 C.F.R. s. 392.82, which prohibits using a handheld mobile
658 telephone while operating a commercial motor vehicle, may be
659 assessed a civil penalty and commercial driver license
660 disqualification as follows:
661 1. First violation: $500.
662 2. Second violation: $1,000 and a 60-day commercial driver
663 license disqualification pursuant to 49 C.F.R. part 383.
664 3. Third and subsequent violations: $2,750 and a 120-day
665 commercial driver license disqualification pursuant to 49 C.F.R.
666 part 383.
667 Section 8. Paragraph (a) of subsection (3) and subsections
668 (4) and (5) of section 316.614, Florida Statutes, are amended to
669 read:
670 316.614 Safety belt usage.—
671 (3) As used in this section:
672 (a) “Motor vehicle” means a motor vehicle as defined in s.
673 316.003 which is operated on the roadways, streets, and highways
674 of this state. The term does not include:
675 1. A school bus.
676 2. A bus used for the transportation of persons for
677 compensation.
678 3. A farm tractor or implement of husbandry.
679 4. A truck having a gross vehicle weight rating of more
680 than 26,000 pounds.
681 5. A motorcycle, excluding an autocycle for purposes of
682 subsections (4) and (5), moped, or bicycle.
683 (4) It is unlawful for any person:
684 (a) To operate a motor vehicle or an autocycle in this
685 state unless each passenger and the operator of the vehicle
686 under the age of 18 years are restrained by a safety belt or by
687 a child restraint device pursuant to s. 316.613, if applicable;
688 or
689 (b) To operate a motor vehicle or an autocycle in this
690 state unless the person is restrained by a safety belt.
691 (5) It is unlawful for any person 18 years of age or older
692 to be a passenger in the front seat of a motor vehicle or an
693 autocycle unless such person is restrained by a safety belt when
694 the vehicle is in motion.
695 Section 9. Subsection (1) of section 316.85, Florida
696 Statutes, is amended to read:
697 316.85 Autonomous vehicles; operation.—
698 (1) A person who possesses a valid driver license may
699 operate an autonomous vehicle, or may engage autonomous
700 technology to operate an autonomous vehicle, in autonomous mode
701 on roads in this state if the vehicle is equipped with
702 autonomous technology, as defined in s. 316.003. A person who
703 does not possess a valid driver license may engage autonomous
704 technology to operate an autonomous vehicle in autonomous mode
705 only if the vehicle is equipped with autonomous technology, as
706 defined in s. 316.003, and if the vehicle has no capability or
707 means by which the person inside the vehicle is able to take
708 control of the vehicle’s operation or to disengage the
709 autonomous technology, regardless of where the person is seated
710 within the vehicle.
711 Section 10. Effective upon the same date that SB 340 or
712 similar legislation takes effect, if such legislation is adopted
713 in the 2017 Regular Session or any extension thereof and becomes
714 a law, section 316.851, Florida Statutes, is created to read:
715 316.851 Autonomous vehicles; providing prearranged rides.—
716 (1) An autonomous vehicle used by a transportation network
717 company to provide a prearranged ride must be covered by
718 automobile insurance as required by s. 627.748, regardless of
719 whether a human operator is physically present within the
720 vehicle when the ride occurs. When an autonomous vehicle is
721 logged on to a digital network but is not engaged in a
722 prearranged ride, the autonomous vehicle must maintain insurance
723 coverage as defined in s. 627.748(7)(b).
724 (2) An autonomous vehicle used to provide a transportation
725 service shall carry in the vehicle proof of coverage satisfying
726 the requirements of this section at all times while operating in
727 autonomous mode.
728 Section 11. Section 318.1215, Florida Statutes, is amended
729 to read:
730 318.1215 Dori Slosberg Driver Education Safety Act.
731 Notwithstanding the provisions of s. 318.121, a board of county
732 commissioners may require, by ordinance, that the clerk of the
733 court collect an additional $5 with each criminal civil traffic
734 penalty, which shall be used to fund driver education programs
735 in public and nonpublic schools. The ordinance shall provide for
736 the board of county commissioners to administer the funds, which
737 shall be used for enhancement, and not replacement, of driver
738 education program funds. The funds shall be used for direct
739 educational expenses and shall not be used for administration.
740 Each driver education program receiving funds pursuant to this
741 section shall require that a minimum of 30 percent of a
742 student’s time in the program be behind-the-wheel training. This
743 section may be cited as the “Dori Slosberg Driver Education
744 Safety Act.”
745 Section 12. Paragraph (d) of subsection (3) of section
746 318.18, Florida Statutes, is amended to read:
747 318.18 Amount of penalties.—The penalties required for a
748 noncriminal disposition pursuant to s. 318.14 or a criminal
749 offense listed in s. 318.17 are as follows:
750 (3)
751 (d) Notwithstanding paragraph (b), a person cited for
752 exceeding the speed limit in a posted work construction zone,
753 which posting must include notification of the speed limit and
754 the doubling of fines, shall pay a fine double the amount listed
755 in paragraph (b). The fine shall be doubled for work
756 construction zone violations only if work construction personnel
757 are present or operating equipment on the road or immediately
758 adjacent to the road under construction.
759 Section 13. Subsections (24) and (26) of section 320.01,
760 Florida Statutes, are amended to read:
761 320.01 Definitions, general.—As used in the Florida
762 Statutes, except as otherwise provided, the term:
763 (24) “Apportionable vehicle” means any vehicle, except
764 recreational vehicles, vehicles displaying restricted plates,
765 city pickup and delivery vehicles, buses used in transportation
766 of chartered parties, and government-owned vehicles, which is
767 used or intended for use in two or more member jurisdictions
768 that allocate or proportionally register vehicles and which is
769 used for the transportation of persons for hire or is designed,
770 used, or maintained primarily for the transportation of property
771 and:
772 (a) Is a power unit having a gross vehicle weight in excess
773 of 26,000 pounds;
774 (b) Is a power unit having three or more axles, regardless
775 of weight; or
776 (c) Is used in combination, when the weight of such
777 combination exceeds 26,000 pounds gross vehicle weight.
778
779 Vehicles, or combinations thereof, having a gross vehicle weight
780 of 26,000 pounds or less and two-axle vehicles may be
781 proportionally registered.
782 (26) “Motorcycle” means any motor vehicle having a seat or
783 saddle for the use of the rider and designed to travel on not
784 more than three wheels in contact with the ground, including an
785 autocycle. The term does not include a tractor, a moped, or
786 excluding a vehicle in which the operator is enclosed by a cabin
787 unless the vehicle it meets the requirements set forth by the
788 National Highway Traffic Safety Administration for a motorcycle.
789 The term “motorcycle” does not include a tractor or a moped.
790 Section 14. Paragraph (a) of subsection (15) of section
791 320.02, Florida Statutes, is amended to read:
792 320.02 Registration required; application for registration;
793 forms.—
794 (15)(a) The application form for motor vehicle registration
795 must shall include language permitting the voluntary
796 contribution of $1 per applicant, to be quarterly distributed by
797 the department to Preserve Vision Prevent Blindness Florida, a
798 not-for-profit organization, to prevent blindness and preserve
799 the sight of the residents of this state. A statement providing
800 an explanation of the purpose of the funds shall be included
801 with the application form. Prior to the department distributing
802 the funds collected pursuant to this paragraph, Preserve Vision
803 Prevent Blindness Florida must submit a report to the department
804 that identifies how such funds were used during the preceding
805 year.
806
807 For the purpose of applying the service charge provided in s.
808 215.20, contributions received under this subsection are not
809 income of a revenue nature.
810 Section 15. Subsection (1) of section 320.03, Florida
811 Statutes, is amended to read:
812 320.03 Registration; duties of tax collectors;
813 International Registration Plan.—
814 (1)(a) The tax collectors in the several counties of the
815 state, as authorized agents of the department, shall issue
816 registration certificates, registration license plates,
817 validation stickers, and mobile home stickers to applicants, and
818 shall provide to applicants for each the option to register
819 emergency contact information and the option to be contacted
820 with information about state and federal benefits available as a
821 result of military service, subject to the requirements of law,
822 in accordance with rules of the department. Each tax collector
823 shall provide the same motor vehicle registration services in
824 office to residents of other counties that it provides for
825 residents of its home county.
826 (b) Any person, firm, or corporation representing itself,
827 through advertising or naming of the business, to be an
828 authorized agent of the department shall be deemed guilty of an
829 unfair and deceptive trade practice as defined in part II of
830 chapter 501. No such person, firm, or corporation shall use
831 either the state or county name as a part of their business name
832 when such use can reasonably be interpreted as an official state
833 or county office.
834 Section 16. Effective July 1, 2018, subsection (10) of
835 section 320.03, Florida Statutes, is amended to read:
836 320.03 Registration; duties of tax collectors;
837 International Registration Plan.—
838 (10)(a) Jurisdiction over the electronic filing system for
839 use by authorized electronic filing system agents to
840 electronically title or register motor vehicles, vessels, mobile
841 homes, or off-highway vehicles; process title transactions,
842 derelict motor vehicle certificates, and certificates of
843 destruction for derelict and salvage motor vehicles pursuant to
844 s. 319.30(2), (3), (7), and (8); issue or transfer registration
845 license plates or decals; electronically transfer fees due for
846 the title and registration process; and perform inquiries for
847 title, registration, and lienholder verification and
848 certification of service providers is expressly preempted to the
849 state, and the department shall have regulatory authority over
850 the system. The electronic filing system shall be available for
851 use statewide and applied uniformly throughout the state. An
852 entity that, in the normal course of its business, sells
853 products that must be titled or registered;, provides title and
854 registration services on behalf of its consumers; or processes
855 title transactions, derelict motor vehicle certificates, or
856 certificates of destruction for derelict or salvage motor
857 vehicles pursuant to s. 319.30(2), (3), (7), and (8); and meets
858 all established requirements may be an authorized electronic
859 filing system agent and shall not be precluded from
860 participating in the electronic filing system in any county.
861 Upon request from a qualified entity, the tax collector shall
862 appoint the entity as an authorized electronic filing system
863 agent for that county. The department shall adopt rules in
864 accordance with chapter 120 to replace the December 10, 2009,
865 program standards and to administer the provisions of this
866 section, including, but not limited to, establishing
867 participation requirements, certification of service providers,
868 electronic filing system requirements, and enforcement authority
869 for noncompliance. The December 10, 2009, program standards,
870 excluding any standards which conflict with this subsection,
871 shall remain in effect until the rules are adopted. An
872 authorized electronic filing system agent may charge a fee to
873 the customer for use of the electronic filing system.
874 (b) The department shall adopt rules to administer this
875 subsection, including, but not limited to, rules establishing
876 participation requirements, certification of service providers,
877 electronic filing system requirements, disclosures, and
878 enforcement authority for noncompliance.
879 Section 17. Paragraph (b) of subsection (1) and paragraph
880 (a) of subsection (3) of section 320.06, Florida Statutes, are
881 amended to read:
882 320.06 Registration certificates, license plates, and
883 validation stickers generally.—
884 (1)
885 (b)1. Registration license plates bearing a graphic symbol
886 and the alphanumeric system of identification shall be issued
887 for a 10-year period. At the end of the 10-year period, upon
888 renewal, the plate shall be replaced. The department shall
889 extend the scheduled license plate replacement date from a 6
890 year period to a 10-year period. The fee for such replacement is
891 $28, $2.80 of which shall be paid each year before the plate is
892 replaced, to be credited toward the next $28 replacement fee.
893 The fees shall be deposited into the Highway Safety Operating
894 Trust Fund. A credit or refund may not be given for any prior
895 years’ payments of the prorated replacement fee if the plate is
896 replaced or surrendered before the end of the 10-year period,
897 except that a credit may be given if a registrant is required by
898 the department to replace a license plate under s.
899 320.08056(8)(a). With each license plate, a validation sticker
900 shall be issued showing the owner’s birth month, license plate
901 number, and the year of expiration or the appropriate renewal
902 period if the owner is not a natural person. The validation
903 sticker shall be placed on the upper right corner of the license
904 plate. The license plate and validation sticker shall be issued
905 based on the applicant’s appropriate renewal period. The
906 registration period is 12 months, the extended registration
907 period is 24 months, and all expirations occur based on the
908 applicant’s appropriate registration period.
909 2. A vehicle that has an apportioned registration shall be
910 issued an annual license plate and a cab card denoting that
911 denote the declared gross vehicle weight for each apportioned
912 jurisdiction in which the vehicle is authorized to operate. This
913 subparagraph expires October 1, 2018.
914 3. Beginning October 1, 2018, a vehicle registered in
915 accordance with the International Registration Plan which has an
916 apportioned registration shall be issued a license plate for a
917 5-year period, an annual cab card denoting the declared gross
918 vehicle weight, and an annual validation sticker showing the
919 month and year of expiration. The validation sticker shall be
920 placed in the center of the license plate. The license plate and
921 validation sticker shall be issued based on the applicant’s
922 appropriate renewal period. The registration period is 12
923 months. The fee for an original and a renewed validation sticker
924 is $28. This fee shall be deposited into the Highway Safety
925 Operating Trust Fund. If the license plate is damaged or worn,
926 it may be replaced at no charge by applying to the department
927 and surrendering the current license plate.
928 4.2. In order to retain the efficient administration of the
929 taxes and fees imposed by this chapter, the 80-cent fee increase
930 in the replacement fee imposed by chapter 2009-71, Laws of
931 Florida, is negated as provided in s. 320.0804.
932 (3)(a) Registration license plates must be made of metal
933 specially treated with a retroreflection material, as specified
934 by the department. The registration license plate is designed to
935 increase nighttime visibility and legibility and must be at
936 least 6 inches wide and not less than 12 inches in length,
937 unless a plate with reduced dimensions is deemed necessary by
938 the department to accommodate motorcycles, mopeds, or similar
939 smaller vehicles. Validation stickers must also be treated with
940 a retroreflection material, must be of such size as specified by
941 the department, and must adhere to the license plate. The
942 registration license plate must be imprinted with a combination
943 of bold letters and numerals or numerals, not to exceed seven
944 digits, to identify the registration license plate number. The
945 license plate must be imprinted with the word “Florida” at the
946 top and the name of the county in which it is sold, the state
947 motto, or the words “Sunshine State” at the bottom. Apportioned
948 license plates must have the word “Apportioned” at the bottom
949 and license plates issued for vehicles taxed under s.
950 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
951 the word “Restricted” at the bottom. License plates issued for
952 vehicles taxed under s. 320.08(12) must be imprinted with the
953 word “Florida” at the top and the word “Dealer” at the bottom
954 unless the license plate is a specialty license plate as
955 authorized in s. 320.08056. Manufacturer license plates issued
956 for vehicles taxed under s. 320.08(12) must be imprinted with
957 the word “Florida” at the top and the word “Manufacturer” at the
958 bottom. License plates issued for vehicles taxed under s.
959 320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at
960 the bottom. Any county may, upon majority vote of the county
961 commission, elect to have the county name removed from the
962 license plates sold in that county. The state motto or the words
963 “Sunshine State” shall be printed in lieu thereof. A license
964 plate issued for a vehicle taxed under s. 320.08(6) may not be
965 assigned a registration license number, or be issued with any
966 other distinctive character or designation, that distinguishes
967 the motor vehicle as a for-hire motor vehicle.
968 Section 18. Section 320.0605, Florida Statutes, is amended
969 to read:
970 320.0605 Certificate of registration; possession required;
971 exception.—
972 (1)(a) The registration certificate or an official copy
973 thereof, a true copy or electronic copy of rental or lease
974 documentation issued for a motor vehicle or issued for a
975 replacement vehicle in the same registration period, a temporary
976 receipt printed upon self-initiated electronic renewal of a
977 registration via the Internet, or a cab card issued for a
978 vehicle registered under the International Registration Plan
979 shall, at all times while the vehicle is being used or operated
980 on the roads of this state, be in the possession of the operator
981 thereof or be carried in the vehicle for which issued and shall
982 be exhibited upon demand of any authorized law enforcement
983 officer or any agent of the department, except for a vehicle
984 registered under s. 320.0657. The provisions of This section
985 does do not apply during the first 30 days after purchase of a
986 replacement vehicle. A violation of this section is a
987 noncriminal traffic infraction, punishable as a nonmoving
988 violation as provided in chapter 318.
989 (b)1. The act of presenting to a law enforcement officer or
990 agent of the department an electronic device displaying an
991 electronic copy of rental or lease documentation does not
992 constitute consent for the officer or agent to access any
993 information on the device other than the displayed rental or
994 lease documentation.
995 2. The person who presents the device to the officer or
996 agent assumes the liability for any resulting damage to the
997 device.
998 (2) Rental or lease documentation that is sufficient to
999 satisfy the requirement in subsection (1) includes the
1000 following:
1001 (a) Date of rental and time of exit from rental facility;
1002 (b) Rental station identification;
1003 (c) Rental agreement number;
1004 (d) Rental vehicle identification number;
1005 (e) Rental vehicle license plate number and state of
1006 registration;
1007 (f) Vehicle’s make, model, and color;
1008 (g) Vehicle’s mileage; and
1009 (h) Authorized renter’s name.
1010 Section 19. Subsection (5) of section 320.0607, Florida
1011 Statutes, is amended to read:
1012 320.0607 Replacement license plates, validation decal, or
1013 mobile home sticker.—
1014 (5) Upon the issuance of an original license plate, the
1015 applicant shall pay a fee of $28 to be deposited in the Highway
1016 Safety Operating Trust Fund. Beginning October 1, 2018, this
1017 subsection does not apply to a vehicle registered under the
1018 International Registration Plan.
1019 Section 20. Paragraph (b) of subsection (2) of section
1020 320.0657, Florida Statutes, is amended to read:
1021 320.0657 Permanent registration; fleet license plates.—
1022 (2)
1023 (b) The plates, which shall be of a distinctive color,
1024 shall have the word “Fleet” appearing at the bottom and the word
1025 “Florida” appearing at the top unless the license plate is a
1026 specialty license plate as authorized in s. 320.08056. The
1027 plates shall conform in all respects to the provisions of this
1028 chapter, except as specified herein. For additional fees as set
1029 forth in s. 320.08056, fleet companies may purchase specialty
1030 license plates in lieu of the standard fleet license plates.
1031 Fleet companies shall be responsible for all costs associated
1032 with the specialty license plate, including all annual use fees,
1033 processing fees, fees associated with switching license plate
1034 types, and any other applicable fees.
1035 Section 21. Section 320.08, Florida Statutes, is amended to
1036 read:
1037 320.08 License taxes.—Except as otherwise provided herein,
1038 there are hereby levied and imposed annual license taxes for the
1039 operation of motor vehicles, mopeds, motorized bicycles as
1040 defined in s. 316.003(4) s. 316.003(2), tri-vehicles as defined
1041 in s. 316.003, and mobile homes as defined in s. 320.01, which
1042 shall be paid to and collected by the department or its agent
1043 upon the registration or renewal of registration of the
1044 following:
1045 (1) MOTORCYCLES AND MOPEDS.—
1046 (a) Any motorcycle: $10 flat.
1047 (b) Any moped: $5 flat.
1048 (c) Upon registration of a motorcycle, motor-driven cycle,
1049 or moped, in addition to the license taxes specified in this
1050 subsection, a nonrefundable motorcycle safety education fee in
1051 the amount of $2.50 shall be paid. The proceeds of such
1052 additional fee shall be deposited in the Highway Safety
1053 Operating Trust Fund to fund a motorcycle driver improvement
1054 program implemented pursuant to s. 322.025, the Florida
1055 Motorcycle Safety Education Program established in s. 322.0255,
1056 or the general operations of the department.
1057 (d) An ancient or antique motorcycle: $7.50 flat, of which
1058 $2.50 shall be deposited into the General Revenue Fund.
1059 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
1060 (a) An ancient or antique automobile, as defined in s.
1061 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
1062 (b) Net weight of less than 2,500 pounds: $14.50 flat.
1063 (c) Net weight of 2,500 pounds or more, but less than 3,500
1064 pounds: $22.50 flat.
1065 (d) Net weight of 3,500 pounds or more: $32.50 flat.
1066 (3) TRUCKS.—
1067 (a) Net weight of less than 2,000 pounds: $14.50 flat.
1068 (b) Net weight of 2,000 pounds or more, but not more than
1069 3,000 pounds: $22.50 flat.
1070 (c) Net weight more than 3,000 pounds, but not more than
1071 5,000 pounds: $32.50 flat.
1072 (d) A truck defined as a “goat,” or other vehicle if used
1073 in the field by a farmer or in the woods for the purpose of
1074 harvesting a crop, including naval stores, during such
1075 harvesting operations, and which is not principally operated
1076 upon the roads of the state: $7.50 flat. The term “goat” means a
1077 motor vehicle designed, constructed, and used principally for
1078 the transportation of citrus fruit within citrus groves or for
1079 the transportation of crops on farms, and which can also be used
1080 for hauling associated equipment or supplies, including required
1081 sanitary equipment, and the towing of farm trailers.
1082 (e) An ancient or antique truck, as defined in s. 320.086:
1083 $7.50 flat.
1084 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
1085 VEHICLE WEIGHT.—
1086 (a) Gross vehicle weight of 5,001 pounds or more, but less
1087 than 6,000 pounds: $60.75 flat, of which $15.75 shall be
1088 deposited into the General Revenue Fund.
1089 (b) Gross vehicle weight of 6,000 pounds or more, but less
1090 than 8,000 pounds: $87.75 flat, of which $22.75 shall be
1091 deposited into the General Revenue Fund.
1092 (c) Gross vehicle weight of 8,000 pounds or more, but less
1093 than 10,000 pounds: $103 flat, of which $27 shall be deposited
1094 into the General Revenue Fund.
1095 (d) Gross vehicle weight of 10,000 pounds or more, but less
1096 than 15,000 pounds: $118 flat, of which $31 shall be deposited
1097 into the General Revenue Fund.
1098 (e) Gross vehicle weight of 15,000 pounds or more, but less
1099 than 20,000 pounds: $177 flat, of which $46 shall be deposited
1100 into the General Revenue Fund.
1101 (f) Gross vehicle weight of 20,000 pounds or more, but less
1102 than 26,001 pounds: $251 flat, of which $65 shall be deposited
1103 into the General Revenue Fund.
1104 (g) Gross vehicle weight of 26,001 pounds or more, but less
1105 than 35,000: $324 flat, of which $84 shall be deposited into the
1106 General Revenue Fund.
1107 (h) Gross vehicle weight of 35,000 pounds or more, but less
1108 than 44,000 pounds: $405 flat, of which $105 shall be deposited
1109 into the General Revenue Fund.
1110 (i) Gross vehicle weight of 44,000 pounds or more, but less
1111 than 55,000 pounds: $773 flat, of which $201 shall be deposited
1112 into the General Revenue Fund.
1113 (j) Gross vehicle weight of 55,000 pounds or more, but less
1114 than 62,000 pounds: $916 flat, of which $238 shall be deposited
1115 into the General Revenue Fund.
1116 (k) Gross vehicle weight of 62,000 pounds or more, but less
1117 than 72,000 pounds: $1,080 flat, of which $280 shall be
1118 deposited into the General Revenue Fund.
1119 (l) Gross vehicle weight of 72,000 pounds or more: $1,322
1120 flat, of which $343 shall be deposited into the General Revenue
1121 Fund.
1122 (m) Notwithstanding the declared gross vehicle weight, a
1123 truck tractor used within this state a 150-mile radius of its
1124 home address is eligible for a license plate for a fee of $324
1125 flat if:
1126 1. The truck tractor is used exclusively for hauling
1127 forestry products; or
1128 2. The truck tractor is used primarily for the hauling of
1129 forestry products, and is also used for the hauling of
1130 associated forestry harvesting equipment used by the owner of
1131 the truck tractor.
1132
1133 Of the fee imposed by this paragraph, $84 shall be deposited
1134 into the General Revenue Fund.
1135 (n) A truck tractor or heavy truck, not operated as a for
1136 hire vehicle, which is engaged exclusively in transporting raw,
1137 unprocessed, and nonmanufactured agricultural or horticultural
1138 products within this state a 150-mile radius of its home
1139 address, is eligible for a restricted license plate for a fee
1140 of:
1141 1. If such vehicle’s declared gross vehicle weight is less
1142 than 44,000 pounds, $87.75 flat, of which $22.75 shall be
1143 deposited into the General Revenue Fund.
1144 2. If such vehicle’s declared gross vehicle weight is
1145 44,000 pounds or more and such vehicle only transports from the
1146 point of production to the point of primary manufacture; to the
1147 point of assembling the same; or to a shipping point of a rail,
1148 water, or motor transportation company, $324 flat, of which $84
1149 shall be deposited into the General Revenue Fund.
1150
1151 Such not-for-hire truck tractors and heavy trucks used
1152 exclusively in transporting raw, unprocessed, and
1153 nonmanufactured agricultural or horticultural products may be
1154 incidentally used to haul farm implements and fertilizers
1155 delivered direct to the growers. The department may require any
1156 documentation deemed necessary to determine eligibility prior to
1157 issuance of this license plate. For the purpose of this
1158 paragraph, “not-for-hire” means the owner of the motor vehicle
1159 must also be the owner of the raw, unprocessed, and
1160 nonmanufactured agricultural or horticultural product, or the
1161 user of the farm implements and fertilizer being delivered.
1162 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
1163 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
1164 (a)1. A semitrailer drawn by a GVW truck tractor by means
1165 of a fifth-wheel arrangement: $13.50 flat per registration year
1166 or any part thereof, of which $3.50 shall be deposited into the
1167 General Revenue Fund.
1168 2. A semitrailer drawn by a GVW truck tractor by means of a
1169 fifth-wheel arrangement: $68 flat per permanent registration, of
1170 which $18 shall be deposited into the General Revenue Fund.
1171 (b) A motor vehicle equipped with machinery and designed
1172 for the exclusive purpose of well drilling, excavation,
1173 construction, spraying, or similar activity, and which is not
1174 designed or used to transport loads other than the machinery
1175 described above over public roads: $44 flat, of which $11.50
1176 shall be deposited into the General Revenue Fund.
1177 (c) A school bus used exclusively to transport pupils to
1178 and from school or school or church activities or functions
1179 within their own county: $41 flat, of which $11 shall be
1180 deposited into the General Revenue Fund.
1181 (d) A wrecker, as defined in s. 320.01, which is used to
1182 tow a vessel as defined in s. 327.02, a disabled, abandoned,
1183 stolen-recovered, or impounded motor vehicle as defined in s.
1184 320.01, or a replacement motor vehicle as defined in s. 320.01:
1185 $41 flat, of which $11 shall be deposited into the General
1186 Revenue Fund.
1187 (e) A wrecker that is used to tow any nondisabled motor
1188 vehicle, a vessel, or any other cargo unless used as defined in
1189 paragraph (d), as follows:
1190 1. Gross vehicle weight of 10,000 pounds or more, but less
1191 than 15,000 pounds: $118 flat, of which $31 shall be deposited
1192 into the General Revenue Fund.
1193 2. Gross vehicle weight of 15,000 pounds or more, but less
1194 than 20,000 pounds: $177 flat, of which $46 shall be deposited
1195 into the General Revenue Fund.
1196 3. Gross vehicle weight of 20,000 pounds or more, but less
1197 than 26,000 pounds: $251 flat, of which $65 shall be deposited
1198 into the General Revenue Fund.
1199 4. Gross vehicle weight of 26,000 pounds or more, but less
1200 than 35,000 pounds: $324 flat, of which $84 shall be deposited
1201 into the General Revenue Fund.
1202 5. Gross vehicle weight of 35,000 pounds or more, but less
1203 than 44,000 pounds: $405 flat, of which $105 shall be deposited
1204 into the General Revenue Fund.
1205 6. Gross vehicle weight of 44,000 pounds or more, but less
1206 than 55,000 pounds: $772 flat, of which $200 shall be deposited
1207 into the General Revenue Fund.
1208 7. Gross vehicle weight of 55,000 pounds or more, but less
1209 than 62,000 pounds: $915 flat, of which $237 shall be deposited
1210 into the General Revenue Fund.
1211 8. Gross vehicle weight of 62,000 pounds or more, but less
1212 than 72,000 pounds: $1,080 flat, of which $280 shall be
1213 deposited into the General Revenue Fund.
1214 9. Gross vehicle weight of 72,000 pounds or more: $1,322
1215 flat, of which $343 shall be deposited into the General Revenue
1216 Fund.
1217 (f) A hearse or ambulance: $40.50 flat, of which $10.50
1218 shall be deposited into the General Revenue Fund.
1219 (6) MOTOR VEHICLES FOR HIRE.—
1220 (a) Under nine passengers: $17 flat, of which $4.50 shall
1221 be deposited into the General Revenue Fund; plus $1.50 per cwt,
1222 of which 50 cents shall be deposited into the General Revenue
1223 Fund.
1224 (b) Nine passengers and over: $17 flat, of which $4.50
1225 shall be deposited into the General Revenue Fund; plus $2 per
1226 cwt, of which 50 cents shall be deposited into the General
1227 Revenue Fund.
1228 (7) TRAILERS FOR PRIVATE USE.—
1229 (a) Any trailer weighing 500 pounds or less: $6.75 flat per
1230 year or any part thereof, of which $1.75 shall be deposited into
1231 the General Revenue Fund.
1232 (b) Net weight over 500 pounds: $3.50 flat, of which $1
1233 shall be deposited into the General Revenue Fund; plus $1 per
1234 cwt, of which 25 cents shall be deposited into the General
1235 Revenue Fund.
1236 (8) TRAILERS FOR HIRE.—
1237 (a) Net weight under 2,000 pounds: $3.50 flat, of which $1
1238 shall be deposited into the General Revenue Fund; plus $1.50 per
1239 cwt, of which 50 cents shall be deposited into the General
1240 Revenue Fund.
1241 (b) Net weight 2,000 pounds or more: $13.50 flat, of which
1242 $3.50 shall be deposited into the General Revenue Fund; plus
1243 $1.50 per cwt, of which 50 cents shall be deposited into the
1244 General Revenue Fund.
1245 (9) RECREATIONAL VEHICLE-TYPE UNITS.—
1246 (a) A travel trailer or fifth-wheel trailer, as defined by
1247 s. 320.01(1)(b), that does not exceed 35 feet in length: $27
1248 flat, of which $7 shall be deposited into the General Revenue
1249 Fund.
1250 (b) A camping trailer, as defined by s. 320.01(1)(b)2.:
1251 $13.50 flat, of which $3.50 shall be deposited into the General
1252 Revenue Fund.
1253 (c) A motor home, as defined by s. 320.01(1)(b)4.:
1254 1. Net weight of less than 4,500 pounds: $27 flat, of which
1255 $7 shall be deposited into the General Revenue Fund.
1256 2. Net weight of 4,500 pounds or more: $47.25 flat, of
1257 which $12.25 shall be deposited into the General Revenue Fund.
1258 (d) A truck camper as defined by s. 320.01(1)(b)3.:
1259 1. Net weight of less than 4,500 pounds: $27 flat, of which
1260 $7 shall be deposited into the General Revenue Fund.
1261 2. Net weight of 4,500 pounds or more: $47.25 flat, of
1262 which $12.25 shall be deposited into the General Revenue Fund.
1263 (e) A private motor coach as defined by s. 320.01(1)(b)5.:
1264 1. Net weight of less than 4,500 pounds: $27 flat, of which
1265 $7 shall be deposited into the General Revenue Fund.
1266 2. Net weight of 4,500 pounds or more: $47.25 flat, of
1267 which $12.25 shall be deposited into the General Revenue Fund.
1268 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;
1269 35 FEET TO 40 FEET.—
1270 (a) Park trailers.—Any park trailer, as defined in s.
1271 320.01(1)(b)7.: $25 flat.
1272 (b) A travel trailer or fifth-wheel trailer, as defined in
1273 s. 320.01(1)(b), that exceeds 35 feet: $25 flat.
1274 (11) MOBILE HOMES.—
1275 (a) A mobile home not exceeding 35 feet in length: $20
1276 flat.
1277 (b) A mobile home over 35 feet in length, but not exceeding
1278 40 feet: $25 flat.
1279 (c) A mobile home over 40 feet in length, but not exceeding
1280 45 feet: $30 flat.
1281 (d) A mobile home over 45 feet in length, but not exceeding
1282 50 feet: $35 flat.
1283 (e) A mobile home over 50 feet in length, but not exceeding
1284 55 feet: $40 flat.
1285 (f) A mobile home over 55 feet in length, but not exceeding
1286 60 feet: $45 flat.
1287 (g) A mobile home over 60 feet in length, but not exceeding
1288 65 feet: $50 flat.
1289 (h) A mobile home over 65 feet in length: $80 flat.
1290 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
1291 motor vehicle dealer, independent motor vehicle dealer, marine
1292 boat trailer dealer, or mobile home dealer and manufacturer
1293 license plate: $17 flat, of which $4.50 shall be deposited into
1294 the General Revenue Fund. For additional fees as set forth in s.
1295 320.08056, dealers may purchase specialty license plates in lieu
1296 of the standard graphic dealer license plates. Dealers shall be
1297 responsible for all costs associated with the specialty license
1298 plate, including all annual use fees, processing fees, fees
1299 associated with switching license plate types, and any other
1300 applicable fees.
1301 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
1302 official license plate: $4 flat, of which $1 shall be deposited
1303 into the General Revenue Fund.
1304 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
1305 vehicle for hire operated wholly within a city or within 25
1306 miles thereof: $17 flat, of which $4.50 shall be deposited into
1307 the General Revenue Fund; plus $2 per cwt, of which 50 cents
1308 shall be deposited into the General Revenue Fund.
1309 (15) TRANSPORTER.—Any transporter license plate issued to a
1310 transporter pursuant to s. 320.133: $101.25 flat, of which
1311 $26.25 shall be deposited into the General Revenue Fund.
1312 Section 22. Subsection (2) and paragraphs (ee), (eee),
1313 (qqq), and (rrr) of subsection (4) of section 320.08056, Florida
1314 Statutes, are amended, paragraphs (bbbb) through (gggg) are
1315 added to that subsection, and paragraph (a) of subsection (10)
1316 of that section is amended, to read:
1317 320.08056 Specialty license plates.—
1318 (2)(a) The department shall issue a specialty license plate
1319 to the owner or lessee of any motor vehicle, except a vehicle
1320 registered under the International Registration Plan, a
1321 commercial truck required to display two license plates pursuant
1322 to s. 320.0706, or a truck tractor, upon request and payment of
1323 the appropriate license tax and fees.
1324 (b) The department may authorize dealer and fleet specialty
1325 license plates. With the permission of the sponsoring specialty
1326 license plate organization, a dealer or fleet company may
1327 purchase specialty license plates to be used on dealer and fleet
1328 vehicles.
1329 (c) Notwithstanding s. 320.08058, a dealer or fleet
1330 specialty license plate shall include the letters “DLR” or “FLT”
1331 on the right side of the license plate. Dealer and fleet
1332 specialty license plates must be ordered directly through the
1333 department.
1334 (4) The following license plate annual use fees shall be
1335 collected for the appropriate specialty license plates:
1336 (ee) American Red Cross license plate, $25.
1337 (eee) Donate Organs-Pass It On license plate, $25.
1338 (qqq) St. Johns River license plate, $25.
1339 (rrr) Hispanic Achievers license plate, $25.
1340 (bbbb) Ducks Unlimited license plate, $25.
1341 (cccc) Play Ball license plate, $25.
1342 (dddd) America the Beautiful license plate, $25.
1343 (eeee) Protect Pollinators plate, $25.
1344 (ffff) Florida Native license plate, $25.
1345 (gggg) Donate Life Florida license plate, $25.
1346 (10)(a) A specialty license plate annual use fee collected
1347 and distributed under this chapter, or any interest earned from
1348 those fees, may not be used for commercial or for-profit
1349 activities nor for general or administrative expenses, except as
1350 authorized by s. 320.08058 or to pay the cost of the audit or
1351 report required by s. 320.08062(1). The fees and any interest
1352 earned from the fees may be expended only for use in this state
1353 unless the annual use fee is derived from the sale of United
1354 States Armed Forces and veterans-related specialty license
1355 plates pursuant to paragraphs (4)(d), (bb), (kk), (iii), and
1356 (uuu) (ll), (kkk), and (yyy) and s. 320.0891.
1357 Section 23. Subsections (31), (57), (69), (70), and
1358 paragraph (b) of present subsection (80) of section 320.08058,
1359 Florida Statutes, are amended, and new subsections (80) through
1360 (85) are added to that section, to read:
1361 320.08058 Specialty license plates.—
1362 (31) AMERICAN RED CROSS LICENSE PLATES.—
1363 (a) Notwithstanding the provisions of s. 320.08053, the
1364 department shall develop an American Red Cross license plate as
1365 provided in this section. The word “Florida” must appear at the
1366 top of the plate, and the words “American Red Cross” must appear
1367 at the bottom of the plate.
1368 (b) The department shall retain all revenues from the sale
1369 of such plates until all startup costs for developing and
1370 issuing the plates have been recovered. Thereafter, 50 percent
1371 of the annual use fees shall be distributed to the American Red
1372 Cross Chapter of Central Florida, with statistics on sales of
1373 license plates, which are tabulated by county. The American Red
1374 Cross Chapter of Central Florida must distribute to each of the
1375 chapters in this state the moneys received from sales in the
1376 counties covered by the respective chapters, which moneys must
1377 be used for education and disaster relief in Florida. Fifty
1378 percent of the annual use fees shall be distributed
1379 proportionately to the three statewide approved poison control
1380 centers for purposes of combating bioterrorism and other poison
1381 related purposes.
1382 (57) DONATE ORGANS-PASS IT ON LICENSE PLATES.—
1383 (a) The department shall develop a Donate Organs-Pass It On
1384 license plate as provided in this section. The word “Florida”
1385 must appear at the top of the plate, and the words “Donate
1386 Organs-Pass It On” must appear at the bottom of the plate.
1387 (b) The annual use fees shall be distributed to Transplant
1388 Foundation, Inc., and shall use up to 10 percent of the proceeds
1389 from the annual use fee for marketing and administrative costs
1390 that are directly associated with the management and
1391 distribution of the proceeds. The remaining proceeds shall be
1392 used to provide statewide grants for patient services, including
1393 preoperative, rehabilitative, and housing assistance; organ
1394 donor education and awareness programs; and statewide medical
1395 research.
1396 (69) ST. JOHNS RIVER LICENSE PLATES.—
1397 (a) The department shall develop a St. Johns River license
1398 plate as provided in this section. The St. Johns River license
1399 plates must bear the colors and design approved by the
1400 department. The word “Florida” must appear at the top of the
1401 plate, and the words “St. Johns River” must appear at the bottom
1402 of the plate.
1403 (b) The requirements of s. 320.08053 must be met prior to
1404 the issuance of the plate. Thereafter, the license plate annual
1405 use fees shall be distributed to the St. Johns River Alliance,
1406 Inc., a s. 501(c)(3) nonprofit organization, which shall
1407 administer the fees as follows:
1408 1. The St. Johns River Alliance, Inc., shall retain the
1409 first $60,000 of the annual use fees as direct reimbursement for
1410 administrative costs, startup costs, and costs incurred in the
1411 development and approval process. Thereafter, up to 10 percent
1412 of the annual use fee revenue may be used for administrative
1413 costs directly associated with education programs, conservation,
1414 research, and grant administration of the organization, and up
1415 to 10 percent may be used for promotion and marketing of the
1416 specialty license plate.
1417 2. At least 30 percent of the fees shall be available for
1418 competitive grants for targeted community-based or county-based
1419 research or projects for which state funding is limited or not
1420 currently available. The remaining 50 percent shall be directed
1421 toward community outreach and access programs. The competitive
1422 grants shall be administered and approved by the board of
1423 directors of the St. Johns River Alliance, Inc. A grant advisory
1424 committee shall be composed of six members chosen by the St.
1425 Johns River Alliance board members.
1426 3. Any remaining funds shall be distributed with the
1427 approval of and accountability to the board of directors of the
1428 St. Johns River Alliance, Inc., and shall be used to support
1429 activities contributing to education, outreach, and springs
1430 conservation.
1431 4. Effective July 1, 2014, the St. Johns River license
1432 plate will shift into the presale voucher phase, as provided in
1433 s. 320.08053(2)(b). The St. Johns River Alliance, Inc., shall
1434 have 24 months to record a minimum of 1,000 sales of the license
1435 plates. Sales include existing active plates and vouchers sold
1436 subsequent to July 1, 2014. During the voucher period, new
1437 plates may not be issued, but existing plates may be renewed.
1438 If, at the conclusion of the 24-month presale period, the
1439 requirement of a minimum of 1,000 sales has been met, the
1440 department shall resume normal distribution of the St. Johns
1441 River specialty plate. If, after 24 months, the minimum of 1,000
1442 sales has not been met, the department shall discontinue the
1443 development and issuance of the plate. This subparagraph is
1444 repealed June 30, 2016.
1445 (70) HISPANIC ACHIEVERS LICENSE PLATES.—
1446 (a) Notwithstanding the requirements of s. 320.08053, the
1447 department shall develop a Hispanic Achievers license plate as
1448 provided in this section. The plate must bear the colors and
1449 design approved by the department. The word “Florida” must
1450 appear at the top of the plate, and the words “Hispanic
1451 Achievers” must appear at the bottom of the plate.
1452 (b) The proceeds from the license plate annual use fee
1453 shall be distributed to National Hispanic Corporate Achievers,
1454 Inc., a nonprofit corporation under s. 501(c)(3) of the Internal
1455 Revenue Code, to fund grants to nonprofit organizations to
1456 operate programs and provide scholarships and for marketing the
1457 Hispanic Achievers license plate. National Hispanic Corporate
1458 Achievers, Inc., shall establish a Hispanic Achievers Grant
1459 Council that shall provide recommendations for statewide grants
1460 from available Hispanic Achievers license plate proceeds to
1461 nonprofit organizations for programs and scholarships for
1462 Hispanic and minority Floridians. National Hispanic Corporate
1463 Achievers, Inc., shall also establish a Hispanic Achievers
1464 License Plate Fund. Moneys in the fund shall be used by the
1465 grant council as provided in this paragraph. All funds received
1466 under this subsection must be used in this state.
1467 (c) National Hispanic Corporate Achievers, Inc., may retain
1468 all proceeds from the annual use fee until documented startup
1469 costs for developing and establishing the plate have been
1470 recovered. Thereafter, the proceeds from the annual use fee
1471 shall be used as follows:
1472 1. Up to 5 percent of the proceeds may be used for the cost
1473 of administration of the Hispanic Achievers License Plate Fund,
1474 the Hispanic Achievers Grant Council, and related matters.
1475 2. Funds may be used as necessary for annual audit or
1476 compliance affidavit costs.
1477 3. Up to 20 percent of the proceeds may be used to market
1478 and promote the Hispanic Achievers license plate.
1479 4. Twenty-five percent of the proceeds shall be used by the
1480 Hispanic Corporate Achievers, Inc., located in Seminole County,
1481 for grants.
1482 5. The remaining proceeds shall be available to the
1483 Hispanic Achievers Grant Council to award grants for services,
1484 programs, or scholarships for Hispanic and minority individuals
1485 and organizations throughout Florida. All grant recipients must
1486 provide to the Hispanic Achievers Grant Council an annual
1487 program and financial report regarding the use of grant funds.
1488 Such reports must be available to the public.
1489 (d) Effective July 1, 2014, the Hispanic Achievers license
1490 plate will shift into the presale voucher phase, as provided in
1491 s. 320.08053(2)(b). National Hispanic Corporate Achievers, Inc.,
1492 shall have 24 months to record a minimum of 1,000 sales. Sales
1493 include existing active plates and vouchers sold subsequent to
1494 July 1, 2014. During the voucher period, new plates may not be
1495 issued, but existing plates may be renewed. If, at the
1496 conclusion of the 24-month presale period, the requirement of a
1497 minimum of 1,000 sales has been met, the department shall resume
1498 normal distribution of the Hispanic Achievers license plate. If,
1499 after 24 months, the minimum of 1,000 sales has not been met,
1500 the department shall discontinue the Hispanic Achievers license
1501 plate. This subsection is repealed June 30, 2016.
1502 (76)(80) FALLEN LAW ENFORCEMENT OFFICERS LICENSE PLATES.—
1503 (b) The annual use fees shall be distributed to the Police
1504 and Kids Foundation, Inc., which may use up to a maximum of 10
1505 percent of the proceeds for marketing to promote and market the
1506 plate. All remaining proceeds shall be distributed to and used
1507 by the Police and Kids Foundation, Inc., for its operations,
1508 activities, programs, and projects The remainder of the proceeds
1509 shall be used by the Police and Kids Foundation, Inc., to invest
1510 and reinvest, and the interest earnings shall be used for the
1511 operation of the Police and Kids Foundation, Inc.
1512 (80) DUCKS UNLIMITED LICENSE PLATES.—
1513 (a) The department shall develop a Ducks Unlimited license
1514 plate as provided in this section and s. 320.08053. Ducks
1515 Unlimited license plates must bear the colors and design
1516 approved by the department. The word “Florida” must appear at
1517 the top of the plate, and the words “Conserving Florida
1518 Wetlands” must appear at the bottom of the plate.
1519 (b) The annual use fees from the sale of the plate shall be
1520 distributed to Ducks Unlimited, Inc., a nonprofit corporation
1521 under s. 501(c)(3) of the Internal Revenue Code, to be used as
1522 follows:
1523 1. Up to 5 percent may be used for administrative costs and
1524 marketing of the plate.
1525 2. A minimum of 95 percent shall be used in this state to
1526 support the mission and efforts of Ducks Unlimited, Inc., for
1527 the conservation, restoration, and management of Florida
1528 wetlands and associated habitats for the benefit of waterfowl,
1529 other wildlife, and people.
1530 (81) PLAY BALL LICENSE PLATES.—
1531 (a) The department shall develop a Play Ball license plate
1532 as provided in this section and s. 320.08053. Play Ball license
1533 plates must bear the colors and design approved by the
1534 department. The word “Florida” must appear at the top of the
1535 plate, and the words “Play Ball” must appear at the bottom of
1536 the plate.
1537 (b) The license plate annual use fees shall be distributed
1538 to American Dream Baseball, Inc., which may retain all proceeds
1539 from the annual use fees until the startup costs for developing
1540 and issuing the license plates have been recovered. Thereafter,
1541 American Dream Baseball, Inc., may use the proceeds as follows:
1542 1. A maximum of 15 percent may be used for administrative
1543 costs of the organization associated with implementing the
1544 programs funded by proceeds derived from sales of the specialty
1545 license plate.
1546 2. A maximum of 10 percent may be used for promotion and
1547 marketing costs of the license plate.
1548 3. The remainder shall be used to fund the activities,
1549 programs, and projects of American Dream Baseball, Inc.
1550 (82) AMERICA THE BEAUTIFUL LICENSE PLATES.—
1551 (a) The department shall develop an America The Beautiful
1552 license plate as provided in this section and s. 320.08053. The
1553 word “Florida” must appear at the top of the plate, and the
1554 words “America The Beautiful” must appear on the plate.
1555 (b) The annual use fees from the plate shall be distributed
1556 to the America the Beautiful Fund as follows: 10 percent to
1557 offset its administrative, marketing and promotion costs, and
1558 the remaining 85 percent for projects and programs teaching
1559 character, leadership, and service to Florida youth; provision
1560 of wellbeing and assistance in the military community; outdoor
1561 education advancing self-sufficiency; wildlife conservation
1562 including imperiled and managed species; the maintenance of
1563 historic or culturally important sites, buildings, structures,
1564 or objects, and the development and modification of playgrounds,
1565 recreational areas, or other outdoor amenities, including
1566 disability access.
1567 (83) PROTECT POLLINATORS PLATES.—
1568 (a) The department shall develop a Protect Pollinators
1569 license plate as provided in this section and s. 320.08053. The
1570 word “Florida” must appear at the top of the plate, and the
1571 words “Protect Pollinators” must appear at the bottom of the
1572 plate.
1573 (b) The annual use fees from the sale of the plate shall be
1574 distributed to the Florida Wildflower Foundation Inc., which:
1575 1. May use a maximum of 10 percent of the proceeds to
1576 market, promote, and administer the Protect Pollinators plate.
1577 2. Shall use the remainder of the proceeds to establish
1578 pollinator wildflower habitats, fund pollinator education and
1579 research programs, and promote awareness of pollinators,
1580 including butterflies, native bees and honeybees, hummingbirds,
1581 bats, and hundreds of other insects and animal pollinator
1582 species, and their importance to Florida agricultural success
1583 and the security of the food supply.
1584 (84) FLORIDA NATIVE LICENSE PLATES.—
1585 (a) The department shall develop a Florida Native license
1586 plate as provided in this section and s. 320.08053. The word
1587 “Florida” must appear at the top of the plate, and the word
1588 “Native” must appear at the bottom of the plate. The plate must
1589 contain a camouflage background including leaves, flowers, or
1590 fronds of a minimum of 12 different Florida native plants.
1591 (b)1. The department shall retain all annual use fees from
1592 the sale of the plate until all startup costs for developing and
1593 issuing the plate have been recovered.
1594 2. Thereafter, the annual use fees from the sale of the
1595 plate shall be distributed to Florida Native Plant Society, a
1596 Florida nonprofit corporation, which may use a maximum of 10
1597 percent of such fees for administrative costs and a maximum of
1598 20 percent to market and promote the plate. The balance of the
1599 fees shall be used by Florida Native Plant Society, to fulfill
1600 the mission of the Florida Native Plant Society, where a minimum
1601 of 25 percent is dedicated to maintaining, improving, and
1602 restoring public native species, hunting and fishing habitats,
1603 and 25 percent is used to promote the cultivation of Florida’s
1604 agricultural products through the preservation of native noncrop
1605 plants to provide habitats for pollinators and natural enemies
1606 to plant pests, and to provide pollen and nectar and undisturbed
1607 habitats for bee nesting throughout the growing season.
1608 (85) DONATE LIFE FLORIDA LICENSE PLATES.—
1609 (a) The department shall develop a Donate Life Florida
1610 license plate as provided in this section and s. 320.08053. The
1611 plate must bear the colors and design approved by the
1612 department. The word “Florida” must appear at the top of the
1613 plate, and the words “Donors Save Lives” must appear at the
1614 bottom of the plate.
1615 (b) The annual use fees from the sale of the plate shall be
1616 distributed to Donate Life Florida, which may use up to 10
1617 percent of the proceeds for marketing and administrative costs.
1618 The remaining proceeds of the annual use fees shall be used by
1619 the Donate Life Florida to educate Florida residents on the
1620 importance of organ, tissue and eye donation and for the
1621 continued maintenance of the Joshua Abbott Organ and Tissue
1622 Donor Registry.
1623 Section 24. Paragraph (b) of subsection (4) of section
1624 320.08068, Florida Statutes, is amended to read:
1625 320.08068 Motorcycle specialty license plates.—
1626 (4) A license plate annual use fee of $20 shall be
1627 collected for each motorcycle specialty license plate. Annual
1628 use fees shall be distributed to The Able Trust as custodial
1629 agent. The Able Trust may retain a maximum of 10 percent of the
1630 proceeds from the sale of the license plate for administrative
1631 costs. The Able Trust shall distribute the remaining funds as
1632 follows:
1633 (b) Twenty percent to Preserve Vision Prevent Blindness
1634 Florida.
1635 Section 25. Subsection (7) is added to section 320.086,
1636 Florida Statutes, to read:
1637 320.086 Ancient or antique motor vehicles; horseless
1638 carriage, antique, or historical license plates; former military
1639 vehicles.—
1640 (7) For purposes of this section, a trailer is considered a
1641 motor vehicle.
1642 Section 26. Section 320.0875, Florida Statutes, is created
1643 to read:
1644 320.0875 Purple Heart motorcycle special license plate.—
1645 (1) Upon application to the department and payment of the
1646 license tax for the motorcycle as provided in s. 320.08, a
1647 resident of this state who owns or leases a motorcycle that is
1648 not used for hire or commercial use shall be issued a Purple
1649 Heart motorcycle special license plate if he or she provides
1650 documentation acceptable to the department that he or she is a
1651 recipient of the Purple Heart medal.
1652 (2) The Purple Heart motorcycle special license plate shall
1653 be stamped with the words “Combat-wounded Veteran” followed by
1654 the serial number of the license plate. The Purple Heart
1655 motorcycle special license plate may have the term “Purple
1656 Heart” stamped on the plate and the likeness of the Purple Heart
1657 medal appearing on the plate.
1658 Section 27. Paragraph (a) of subsection (1) of section
1659 320.089, Florida Statutes, is amended to read:
1660 320.089 Veterans of the United States Armed Forces; members
1661 of National Guard; survivors of Pearl Harbor; Purple Heart medal
1662 recipients; active or retired United States Armed Forces
1663 reservists; Combat Infantry Badge, Combat Medical Badge, or
1664 Combat Action Badge recipients; Combat Action Ribbon recipients;
1665 Air Force Combat Action Medal recipients; Distinguished Flying
1666 Cross recipients; former prisoners of war; Korean War Veterans;
1667 Vietnam War Veterans; Operation Desert Shield Veterans;
1668 Operation Desert Storm Veterans; Operation Enduring Freedom
1669 Veterans; Operation Iraqi Freedom Veterans; Women Veterans;
1670 World War II Veterans; and Navy Submariners; Special license
1671 plates for military servicemembers, veterans, and Pearl Harbor
1672 survivors; fee.—
1673 (1)(a) Upon application to the department and payment of
1674 the license tax for the vehicle as provided in s. 320.08, a
1675 resident of this state who owns or leases Each owner or lessee
1676 of an automobile or truck for private use or recreational
1677 vehicle as specified in s. 320.08(9)(c) or (d), which is not
1678 used for hire or commercial use, shall be issued a license plate
1679 pursuant to the following if the applicant provides the
1680 department with proof he or she meets the qualifications listed
1681 in this section for the applicable license plate:
1682 1. A person released or discharged from any branch who is a
1683 resident of the state and a veteran of the United States Armed
1684 Forces shall be issued a license plate stamped with the words
1685 “Veteran” or “Woman Veteran” followed by the serial number of
1686 the license plate., a Woman Veteran,
1687 2. A World War II Veteran shall be issued a license plate
1688 stamped with the words “WWII Veteran” followed by the serial
1689 number of the license plate.,
1690 3. A Navy Submariner shall be issued a license plate
1691 stamped with the words “Navy Submariner” followed by the serial
1692 number of the license plate.,
1693 4. An active or retired member of the Florida National
1694 Guard shall be issued a license plate stamped with the words
1695 “National Guard” followed by the serial number of the license
1696 plate.
1697 5. A member of the Pearl Harbor Survivors Association or
1698 other person on active military duty in Pearl Harbor on December
1699 7, 1941, shall be issued a license plate stamped with the words
1700 “Pearl Harbor Survivor” followed by the serial number of the
1701 license plate., a survivor of the attack on Pearl Harbor,
1702 6. A recipient of the Purple Heart medal shall be issued a
1703 license plate stamped with the words “Combat-wounded Veteran”
1704 followed by the serial number of the license plate. The Purple
1705 Heart plate may have the words “Purple Heart” stamped on the
1706 plate and the likeness of the Purple Heart medal appearing on
1707 the plate.,
1708 7. An active or retired member of any branch of the United
1709 States Armed Forces Reserve shall be issued a license plate
1710 stamped with the words “U.S. Reserve” followed by the serial
1711 number of the license plate.
1712 8. A member of the Combat Infantrymen’s Association, Inc.,
1713 or a recipient of the Combat Infantry Badge, Combat Medical
1714 Badge, Combat Action Badge, Combat Action Ribbon, or Air Force
1715 Combat Action Medal shall be issued a license plate stamped with
1716 the words “Combat Infantry Badge,” “Combat Medical Badge,”
1717 “Combat Action Badge,” “Combat Action Ribbon,” or “Air Force
1718 Combat Action Medal,” as appropriate, and a likeness of the
1719 related campaign badge, ribbon, or medal, followed by the serial
1720 number of the license plate.
1721 9. A recipient of the, or Distinguished Flying Cross shall
1722 be issued a license plate stamped with the words “Distinguished
1723 Flying Cross” and a likeness of the Distinguished Flying Cross
1724 followed by the serial number of the license plate.
1725 10. A recipient of the Bronze Star shall be issued a
1726 license plate stamped with the words “Bronze Star” and a
1727 likeness of the Bronze Star followed by the serial number of the
1728 license plate, upon application to the department, accompanied
1729 by proof of release or discharge from any branch of the United
1730 States Armed Forces, proof of active membership or retired
1731 status in the Florida National Guard, proof of membership in the
1732 Pearl Harbor Survivors Association or proof of active military
1733 duty in Pearl Harbor on December 7, 1941, proof of being a
1734 Purple Heart medal recipient, proof of active or retired
1735 membership in any branch of the United States Armed Forces
1736 Reserve, or proof of membership in the Combat Infantrymen’s
1737 Association, Inc., proof of being a recipient of the Combat
1738 Infantry Badge, Combat Medical Badge, Combat Action Badge,
1739 Combat Action Ribbon, Air Force Combat Action Medal, or
1740 Distinguished Flying Cross, and upon payment of the license tax
1741 for the vehicle as provided in s. 320.08, shall be issued a
1742 license plate as provided by s. 320.06 which, in lieu of the
1743 serial numbers prescribed by s. 320.06, is stamped with the
1744 words “Veteran,” “Woman Veteran,” “WWII Veteran,” “Navy
1745 Submariner,” “National Guard,” “Pearl Harbor Survivor,” “Combat
1746 wounded veteran,” “U.S. Reserve,” “Combat Infantry Badge,”
1747 “Combat Medical Badge,” “Combat Action Badge,” “Combat Action
1748 Ribbon,” “Air Force Combat Action Medal,” or “Distinguished
1749 Flying Cross,” as appropriate, and a likeness of the related
1750 campaign medal or badge, followed by the serial number of the
1751 license plate. Additionally, the Purple Heart plate may have the
1752 words “Purple Heart” stamped on the plate and the likeness of
1753 the Purple Heart medal appearing on the plate.
1754 Section 28. Section 320.133, Florida Statutes, is amended
1755 to read:
1756 320.133 Transporter license plates.—
1757 (1) As used in this section, the term “transporter license
1758 plate eligible business” means a business that is engaged in the
1759 limited operation of an unregistered motor vehicle, or a
1760 repossessor that contracts with lending institutions to
1761 repossess or recover motor vehicles or mobile homes.
1762 (2) A person is not eligible to purchase or renew a
1763 transporter license plate unless he or she provides proof
1764 satisfactory to the department that his or her business is a
1765 transporter license plate eligible business.
1766 (3) The application for qualification as a transporter
1767 license plate eligible business must be in such form as is
1768 prescribed by the department and must contain the legal name of
1769 the person or persons applying for the license plate, the name
1770 of the business, and the principal or principals of the
1771 business. The application must describe the exact physical
1772 location of the place of business within the state. This
1773 location must be available at all reasonable hours for
1774 inspection of the transporter license plate records by the
1775 department or any law enforcement agency. The application must
1776 contain proof of a garage liability insurance policy, or a
1777 business automobile policy, in the amount of at least $100,000.
1778 The certificate of insurance must indicate the number of
1779 transporter license plates reported to the insurance company.
1780 Such coverage shall be maintained for the entire registration
1781 period. Upon seeking initial qualification, the applicant must
1782 provide documentation proving that the business is registered
1783 with the Division of Corporations of the Department of State to
1784 conduct business in this state. The business must indicate how
1785 it meets the qualification as a transporter license plate
1786 eligible business by describing in detail the business processes
1787 that require the use of a transporter license plate.
1788 (4)(a)(1) The department may is authorized to issue a
1789 transporter license plate to an any applicant who is not a
1790 licensed dealer and who is qualified as a transporter license
1791 plate eligible business, incidental to the conduct of his or her
1792 business, engages in the transporting of motor vehicles which
1793 are not currently registered to any owner and which do not have
1794 license plates, upon payment of the license tax imposed by s.
1795 320.08(15) for each transporter such license plate and upon
1796 proof of liability insurance as described in subsection (3)
1797 coverage in the amount of $100,000 or more. The proof of
1798 insurance must indicate the number of transporter license plates
1799 reported to the insurance company, which shall be the maximum
1800 number of transporter license plates issued to the applicant.
1801 Such A transporter license plate is valid only for use on an
1802 unregistered any motor vehicle in the possession of the
1803 transporter while the motor vehicle is being transported in the
1804 course of the transporter’s business and must not be attached to
1805 any vehicle owned by the transporter or his or her business for
1806 which registration would otherwise be required. A person who
1807 sells or unlawfully possesses, distributes, or brokers a
1808 transporter license plate to be attached to any vehicle commits
1809 a misdemeanor of the second degree, punishable as provided in s.
1810 775.082 or s. 775.083. Any and all transporter license plates
1811 issued are subject to cancellation by the department.
1812 (b) A person who knowingly and willfully sells or
1813 unlawfully possesses, distributes, or brokers a transporter
1814 license plate to avoid registering a vehicle requiring
1815 registration pursuant to this chapter or chapter 319 commits a
1816 misdemeanor of the first degree, punishable as provided in s.
1817 775.082 or s. 775.083, and is disqualified from transporter
1818 license plate usage. All transporter license plates issued to
1819 the person’s business shall be canceled and must be returned to
1820 the department immediately upon disqualification. The
1821 transporter license plate is subject to removal as provided in
1822 subsection (9), and any and all transporter plates issued are
1823 subject to cancellation by the department.
1824 (5) A transporter license plate eligible business issued a
1825 transporter license plate must maintain for 2 years, at its
1826 location, records of each use of each transporter license plate
1827 and evidence that the plate was used as required by this
1828 chapter. Such records must be open to inspection by the
1829 department or its agents or any law enforcement officer during
1830 reasonable business hours. A person who fails to maintain true
1831 and accurate records of any transporter license plate usage or
1832 comply with this subsection commits a misdemeanor of the second
1833 degree, punishable as provided in s. 775.082 or s. 775.083, may
1834 be subject to cancellation of any and all transporter license
1835 plates issued, and is automatically disqualified from future
1836 transporter license plate issuance.
1837 (6) When attached to a motor vehicle, a transporter license
1838 plate issued under this section must be accompanied by the
1839 registration issued for the transporter license plate by the
1840 department and proof of insurance as described in subsection
1841 (3). A person who operates a motor vehicle with a transporter
1842 license plate attached who fails to provide the documentation
1843 listed in this subsection commits a misdemeanor of the second
1844 degree, punishable as provided in s. 775.082 or s. 775.083, and
1845 the transporter license plate is subject to removal as provided
1846 in subsection (9). This subsection does not apply to a person
1847 who contracts with dealers and auctions to transport motor
1848 vehicles.
1849 (7)(2) A transporter license plate issued pursuant to
1850 subsection (4) (1) must be in a distinctive color approved by
1851 the department, and the word “transporter” must appear on the
1852 face of the license plate in place of the county name.
1853 (8)(3) An initial registration or renewal A license plate
1854 issued under this section is valid for a period of 12 months,
1855 beginning January 1 and ending December 31. A No refund of the
1856 license tax imposed may not be provided for any unexpired
1857 portion of a license period.
1858 (9) A transporter license plate attached to a motor vehicle
1859 in violation of subsection (4) or subsection (6) must be
1860 immediately removed by a law enforcement officer from the motor
1861 vehicle to which it was attached and surrendered to the
1862 department by the law enforcement agency for cancellation.
1863 Section 29. Subsections (1) and (2) of section 320.27,
1864 Florida Statutes, are amended to read:
1865 320.27 Motor vehicle dealers.—
1866 (1) DEFINITIONS.—The following words, terms, and phrases
1867 when used in this section have the meanings respectively
1868 ascribed to them in this subsection, except where the context
1869 clearly indicates a different meaning:
1870 (a) “Department” means the Department of Highway Safety and
1871 Motor Vehicles.
1872 (b) “Motor vehicle” means any motor vehicle of the type and
1873 kind required to be registered and titled under chapter 319 and
1874 this chapter, except a recreational vehicle, moped, motorcycle
1875 powered by a motor with a displacement of 50 cubic centimeters
1876 or less, or mobile home.
1877 (c) “Motor vehicle dealer” means any person engaged in the
1878 business of buying, selling, or dealing in motor vehicles or
1879 offering or displaying motor vehicles for sale at wholesale or
1880 retail, or who may service and repair motor vehicles pursuant to
1881 an agreement as defined in s. 320.60(1). Any person who buys,
1882 sells, or deals in three or more motor vehicles in any 12-month
1883 period or who offers or displays for sale three or more motor
1884 vehicles in any 12-month period shall be prima facie presumed to
1885 be a motor vehicle dealer. Any person who engages in possessing,
1886 storing, or displaying motor vehicles for retail sale;
1887 advertising motor vehicles for retail sale; negotiating with
1888 consumers regarding the terms of sale for a motor vehicle;
1889 providing test drives of motor vehicles offered for sale; or
1890 delivering or arranging for the delivery of a motor vehicle in
1891 conjunction with the sale of such motor vehicle is deemed to be
1892 dealing in motor vehicles engaged in such business. The terms
1893 “selling” and “sale” include lease-purchase transactions. A
1894 motor vehicle dealer may, at retail or wholesale, sell a
1895 recreational vehicle as described in s. 320.01(1)(b)1.-6. and
1896 8., acquired in exchange for the sale of a motor vehicle,
1897 provided such acquisition is incidental to the principal
1898 business of being a motor vehicle dealer. However, a motor
1899 vehicle dealer may not buy a recreational vehicle for the
1900 purpose of resale unless licensed as a recreational vehicle
1901 dealer pursuant to s. 320.771. A motor vehicle dealer may apply
1902 for a certificate of title to a motor vehicle required to be
1903 registered under s. 320.08(2)(b), (c), and (d), using a
1904 manufacturer’s statement of origin as permitted by s. 319.23(1),
1905 only if such dealer is authorized by a franchised agreement as
1906 defined in s. 320.60(1), to buy, sell, or deal in such vehicle
1907 and is authorized by such agreement to perform delivery and
1908 preparation obligations and warranty defect adjustments on the
1909 motor vehicle; provided this limitation shall not apply to
1910 recreational vehicles, van conversions, or any other motor
1911 vehicle manufactured on a truck chassis. The transfer of a motor
1912 vehicle by a dealer not meeting these qualifications shall be
1913 titled as a used vehicle. The classifications of motor vehicle
1914 dealers are defined as follows:
1915 1. “Franchised motor vehicle dealer” means any person who
1916 engages in the business of repairing, servicing, buying,
1917 selling, or dealing in motor vehicles pursuant to an agreement
1918 as defined in s. 320.60(1).
1919 2. “Independent motor vehicle dealer” means any person
1920 other than a franchised or wholesale motor vehicle dealer who
1921 engages in the business of buying, selling, or dealing in motor
1922 vehicles, and who may service and repair motor vehicles.
1923 3. “Wholesale motor vehicle dealer” means any person who
1924 engages exclusively in the business of buying, selling, or
1925 dealing in motor vehicles at wholesale or with motor vehicle
1926 auctions. Such person shall be licensed to do business in this
1927 state, shall not sell or auction a vehicle to any person who is
1928 not a licensed dealer, and shall not have the privilege of the
1929 use of dealer license plates. Any person who buys, sells, or
1930 deals in motor vehicles at wholesale or with motor vehicle
1931 auctions on behalf of a licensed motor vehicle dealer and as a
1932 bona fide employee of such licensed motor vehicle dealer is not
1933 required to be licensed as a wholesale motor vehicle dealer. In
1934 such cases it shall be prima facie presumed that a bona fide
1935 employer-employee relationship exists. A wholesale motor vehicle
1936 dealer shall be exempt from the display provisions of this
1937 section but shall maintain an office wherein records are kept in
1938 order that those records may be inspected.
1939 4. “Motor vehicle auction” means any person offering motor
1940 vehicles or recreational vehicles for sale to the highest bidder
1941 where buyers are licensed motor vehicle dealers. Such person
1942 shall not sell a vehicle to anyone other than a licensed motor
1943 vehicle dealer.
1944 5. “Salvage motor vehicle dealer” means any person who
1945 engages in the business of acquiring salvaged or wrecked motor
1946 vehicles for the purpose of reselling them and their parts.
1947
1948 Notwithstanding anything in this subsection to the contrary, the
1949 term “motor vehicle dealer” does not include persons not engaged
1950 in the purchase or sale of motor vehicles as a business who are
1951 disposing of vehicles acquired for their own use or for use in
1952 their business or acquired by foreclosure or by operation of
1953 law, provided such vehicles are acquired and sold in good faith
1954 and not for the purpose of avoiding the provisions of this law;
1955 persons engaged in the business of manufacturing, selling, or
1956 offering or displaying for sale at wholesale or retail no more
1957 than 25 trailers in a 12-month period; public officers while
1958 performing their official duties; receivers; trustees,
1959 administrators, executors, guardians, or other persons appointed
1960 by, or acting under the judgment or order of, any court; banks,
1961 finance companies, or other loan agencies that acquire motor
1962 vehicles as an incident to their regular business; motor vehicle
1963 brokers; persons whose sole dealing in motor vehicles is owning
1964 a publication in which, or hosting a website on which, licensed
1965 motor vehicle dealers display vehicles for sale; and motor
1966 vehicle rental and leasing companies that sell motor vehicles to
1967 motor vehicle dealers licensed under this section. Vehicles
1968 owned under circumstances described in this paragraph may be
1969 disposed of at retail, wholesale, or auction, unless otherwise
1970 restricted. A manufacturer of fire trucks, ambulances, or school
1971 buses may sell such vehicles directly to governmental agencies
1972 or to persons who contract to perform or provide firefighting,
1973 ambulance, or school transportation services exclusively to
1974 governmental agencies without processing such sales through
1975 dealers if such fire trucks, ambulances, school buses, or
1976 similar vehicles are not presently available through motor
1977 vehicle dealers licensed by the department.
1978 (d) “Motor vehicle broker” means any person engaged in the
1979 business of, or who holds himself or herself out through
1980 solicitation, advertisement, or who otherwise holds himself or
1981 herself out as being in the business of, offering to procure or
1982 procuring motor vehicles for assisting the general public in
1983 purchasing or leasing a motor vehicle from a licensed motor
1984 vehicle dealer, or who holds himself or herself out through
1985 solicitation, advertisement, or otherwise as one who offers to
1986 procure or procures motor vehicles for the general public, and
1987 who does not deal in motor vehicles as provided in paragraph
1988 (1)(c) store, display, or take ownership of any vehicles for the
1989 purpose of selling such vehicles. Any advertisement or
1990 solicitation by a motor vehicle broker must include a statement
1991 that the broker is receiving a fee and must clearly state that
1992 the person is not a licensed motor vehicle dealer.
1993 (e) “Person” means any natural person, firm, partnership,
1994 association, or corporation.
1995 (f) “Bona fide employee” means a person who is employed by
1996 a licensed motor vehicle dealer and receives annually an
1997 Internal Revenue Service Form W-2, or an independent contractor
1998 who has a written contract with a licensed motor vehicle dealer
1999 and receives annually an Internal Revenue Service Form 1099, for
2000 the purpose of acting in the capacity of or conducting motor
2001 vehicle sales transactions as a motor vehicle dealer.
2002 (2) LICENSE REQUIRED.—No person shall engage in business
2003 as, serve in the capacity of, or act as a motor vehicle dealer
2004 in this state without first obtaining a license therefor in the
2005 appropriate classification as provided in this section. With the
2006 exception of transactions with motor vehicle auctions, no person
2007 other than a licensed motor vehicle dealer may advertise for
2008 sale any motor vehicle belonging to another party unless as a
2009 direct result of a bona fide legal proceeding, court order,
2010 settlement of an estate, or by operation of law. However, owners
2011 of motor vehicles titled in their names may advertise and offer
2012 vehicles for sale on their own behalf. It shall be unlawful for
2013 a licensed motor vehicle dealer to allow any person other than a
2014 bona fide employee to use the motor vehicle dealer license for
2015 the purpose of acting in the capacity of or conducting motor
2016 vehicle sales transactions as a motor vehicle dealer. Any person
2017 acting selling or offering a motor vehicle for sale in violation
2018 of the licensing requirements of this subsection, or who
2019 misrepresents to any person its relationship with any
2020 manufacturer, importer, or distributor, in addition to the
2021 penalties provided herein, is shall be deemed to have committed
2022 guilty of an unfair and deceptive trade practice in violation of
2023 as defined in part II of chapter 501 and is shall be subject to
2024 the provisions of subsections (8) and (9).
2025 Section 30. Section 321.25, Florida Statutes, is amended to
2026 read:
2027 321.25 Training provided at patrol schools; reimbursement
2028 of tuition and other course expenses.—
2029 (1) The Department of Highway Safety and Motor Vehicles may
2030 is authorized to provide for the training of law enforcement
2031 officials and individuals in matters relating to the duties,
2032 functions, and powers of the Florida Highway Patrol in the
2033 schools established by the department for the training of
2034 highway patrol candidates and officers. The Department of
2035 Highway Safety and Motor Vehicles may is authorized to charge a
2036 fee for providing the training authorized by this section. The
2037 fee shall be charged to persons attending the training. The fee
2038 shall be based on the Department of Highway Safety and Motor
2039 Vehicles’ costs for providing the training, and such costs may
2040 include, but are not limited to, tuition, lodging, and meals.
2041 Revenues from the fees shall be used to offset the Department of
2042 Highway Safety and Motor Vehicles’ costs for providing the
2043 training. The cost of training local enforcement officers shall
2044 be paid for by their respective offices, counties, or
2045 municipalities, as the case may be. Such cost shall be deemed a
2046 proper county or municipal expense or a proper expenditure of
2047 the office of sheriff.
2048 (2) Notwithstanding s. 943.16, a person who attends
2049 training under subsection (1) at the expense of the Department
2050 of Highway Safety and Motor Vehicles must remain in the
2051 employment or appointment of the Florida Highway Patrol for at
2052 least 3 years. Once employed, if the person fails to remain
2053 employed by the Florida Highway Patrol for at least 3 years from
2054 the first date of employment, the person must pay the cost of
2055 tuition and other course expenses to the Department of Highway
2056 Safety and Motor Vehicles. As used in this section, the term
2057 “other course expenses” may include the cost of meals and
2058 lodging.
2059 (3) The Department of Highway Safety and Motor Vehicles may
2060 institute a civil action to collect the cost of tuition and
2061 other course expenses if it is not reimbursed pursuant to
2062 subsection (2), provided that the Florida Highway Patrol gave
2063 written notification to the person of the 3-year employment
2064 commitment during the employment screening process and the
2065 person returned signed acknowledgment of receipt of such
2066 notification.
2067 (4) Notwithstanding any other provision of this section,
2068 the Department of Highway Safety and Motor Vehicles may waive a
2069 person’s requirement of reimbursement in part or in full when
2070 the person terminates employment due to hardship or extenuating
2071 circumstances.
2072 Section 31. Subsection (4) of section 322.01, Florida
2073 Statutes, is amended to read:
2074 322.01 Definitions.—As used in this chapter:
2075 (4) “Authorized emergency vehicle” means a vehicle that is
2076 equipped with extraordinary audible and visual warning devices,
2077 that is authorized by s. 316.2397 to display red, red and white,
2078 or blue lights, and that is on call to respond to emergencies.
2079 The term includes, but is not limited to, ambulances, law
2080 enforcement vehicles, fire trucks, and other rescue vehicles.
2081 The term does not include wreckers, utility trucks, or other
2082 vehicles that are used only incidentally for emergency purposes.
2083 Section 32. Subsection (4) of section 322.03, Florida
2084 Statutes, is amended to read:
2085 322.03 Drivers must be licensed; penalties.—
2086 (4) A person may not operate a motorcycle unless he or she
2087 holds a driver license that authorizes such operation, subject
2088 to the appropriate restrictions and endorsements. A person may
2089 operate an autocycle without a motorcycle endorsement.
2090 Section 33. Subsections (1) and (2) of section 322.032,
2091 Florida Statutes, are amended to read
2092 322.032 Digital proof of driver license.—
2093 (1) The department, in collaboration with the Agency for
2094 State Technology, shall establish and implement begin to review
2095 and prepare for the development of a secure and uniform
2096 protocols and standards system for issuing an optional digital
2097 proof of driver license and shall procure any application
2098 programming interface necessary to enable a private entity to
2099 securely manufacture a digital proof of driver license. The
2100 department may contract with one or more private entities to
2101 develop a digital proof of driver license system.
2102 (2)(a) A The digital proof of driver license developed by
2103 the department or by an entity contracted by the department must
2104 be in such a format as to allow law enforcement to verify the
2105 authenticity of the digital proof of driver license. The
2106 department may adopt rules to ensure valid authentication of a
2107 digital proof of driver license licenses by law enforcement.
2108 (b) The act of presenting to a law enforcement officer an
2109 electronic device displaying a digital proof of driver license
2110 does not constitute consent for the officer to access any
2111 information on the device other than the digital proof of driver
2112 license.
2113 (c) A person who presents such device to the officer
2114 assumes liability for any resulting damage to the device.
2115 Section 34. Paragraph (e) of subsection (8) of section
2116 322.051, Florida Statutes, is amended to read:
2117 322.051 Identification cards.—
2118 (8)
2119 (e)1. Upon request by a person who has posttraumatic stress
2120 disorder, a traumatic brain injury, or a developmental
2121 disability, or by a parent or guardian of a child or ward who
2122 has posttraumatic stress disorder, a traumatic brain injury, or
2123 a developmental disability, the department shall issue an
2124 identification card exhibiting a capital “D” for the person,
2125 child, or ward if the person or the parent or guardian of the
2126 child or ward submits:
2127 a. Payment of an additional $1 fee; and
2128 b. Proof acceptable to the department of a diagnosis by a
2129 licensed physician of a developmental disability as defined in
2130 s. 393.063, posttraumatic stress disorder, or traumatic brain
2131 injury.
2132 2. The department shall deposit the additional $1 fee into
2133 the Agency for Persons with Disabilities Operations and
2134 Maintenance Trust Fund under s. 20.1971(2).
2135 3. A replacement identification card that includes the
2136 designation may be issued without payment of the fee required
2137 under s. 322.21(1)(f).
2138 4. The department shall develop rules to facilitate the
2139 issuance, requirements, and oversight of posttraumatic stress
2140 disorder, traumatic brain injury, and developmental disability
2141 identification cards under this section.
2142 Section 35. Paragraph (m) of subsection (8) of section
2143 322.08, Florida Statutes, is amended to read:
2144 322.08 Application for license; requirements for license
2145 and identification card forms.—
2146 (8) The application form for an original, renewal, or
2147 replacement driver license or identification card must include
2148 language permitting the following:
2149 (m) A voluntary contribution of $1 per applicant, which
2150 shall be distributed to Preserve Vision Prevent Blindness
2151 Florida, a not-for-profit organization, to prevent blindness and
2152 preserve the sight of the residents of this state.
2153
2154 A statement providing an explanation of the purpose of the trust
2155 funds shall also be included. For the purpose of applying the
2156 service charge provided under s. 215.20, contributions received
2157 under paragraphs (b)-(t) are not income of a revenue nature.
2158 Section 36. Subsection (5) of section 322.091, Florida
2159 Statutes, is amended to read:
2160 322.091 Attendance requirements.—
2161 (5) REPORTING AND ACCOUNTABILITY.—The department shall make
2162 available, upon request, a report quarterly to each school
2163 district of the legal name, sex, date of birth, and social
2164 security number of each student whose driving privileges have
2165 been suspended under this section.
2166 Section 37. Subsections (1) and (5) of section 322.12,
2167 Florida Statutes, are amended to read:
2168 322.12 Examination of applicants.—
2169 (1) It is the intent of the Legislature that every
2170 applicant for an original driver license in this state be
2171 required to pass an examination pursuant to this section.
2172 However, the department may waive the knowledge, endorsement,
2173 and skills tests for an applicant who is otherwise qualified and
2174 who surrenders a valid driver license from another state or a
2175 province of Canada, or a valid driver license issued by the
2176 United States Armed Forces, if the driver applies for a Florida
2177 license of an equal or lesser classification. An Any applicant
2178 who fails to pass the initial knowledge test incurs a $10 fee
2179 for each subsequent test, to be deposited into the Highway
2180 Safety Operating Trust Fund; however, if a subsequent test is
2181 administered by the tax collector, the tax collector shall
2182 retain the $10 fee, less the General Revenue Service Charge set
2183 forth in s. 215.20(1). An Any applicant who fails to pass the
2184 initial skills test incurs a $20 fee for each subsequent test,
2185 to be deposited into the Highway Safety Operating Trust Fund;
2186 however, if a subsequent test is administered by the tax
2187 collector, the tax collector shall retain the $20 fee, less the
2188 General Revenue Service Charge set forth in s. 215.20(1). A
2189 person who seeks to retain a hazardous-materials endorsement,
2190 pursuant to s. 322.57(1)(e), must pass the hazardous-materials
2191 test, upon surrendering his or her commercial driver license, if
2192 the person has not taken and passed the hazardous-materials test
2193 within 2 years before applying for a commercial driver license
2194 in this state.
2195 (5)(a) The department shall formulate a separate
2196 examination for applicants for licenses to operate motorcycles.
2197 Any applicant for a driver license who wishes to operate a
2198 motorcycle, and who is otherwise qualified, must successfully
2199 complete such an examination, which is in addition to the
2200 examination administered under subsection (3). The examination
2201 must test the applicant’s knowledge of the operation of a
2202 motorcycle and of any traffic laws specifically relating thereto
2203 and must include an actual demonstration of his or her ability
2204 to exercise ordinary and reasonable control in the operation of
2205 a motorcycle. Any applicant who fails to pass the initial
2206 knowledge examination will incur a $5 fee for each subsequent
2207 examination, to be deposited into the Highway Safety Operating
2208 Trust Fund. Any applicant who fails to pass the initial skills
2209 examination will incur a $10 fee for each subsequent
2210 examination, to be deposited into the Highway Safety Operating
2211 Trust Fund. In the formulation of the examination, the
2212 department shall consider the use of the Motorcycle Operator
2213 Skills Test and the Motorcycle in Traffic Test offered by the
2214 Motorcycle Safety Foundation. The department shall indicate on
2215 the license of any person who successfully completes the
2216 examination that the licensee is authorized to operate a
2217 motorcycle. If the applicant wishes to be licensed to operate a
2218 motorcycle only, he or she need not take the skill or road test
2219 required under subsection (3) for the operation of a motor
2220 vehicle, and the department shall indicate such a limitation on
2221 his or her license as a restriction. Every first-time applicant
2222 for licensure to operate a motorcycle must provide proof of
2223 completion of a motorcycle safety course, as provided for in s.
2224 322.0255, before the applicant may be licensed to operate a
2225 motorcycle.
2226 (b) The department may exempt any applicant from the
2227 examination provided in this subsection if the applicant
2228 presents a certificate showing successful completion of a course
2229 approved by the department, which course includes a similar
2230 examination of the knowledge and skill of the applicant in the
2231 operation of a motorcycle.
2232 (c) This subsection does not apply to the operation of an
2233 autocycle.
2234 Section 38. Paragraph (d) is added to subsection (1) of
2235 section 322.135, Florida Statutes, to read:
2236 322.135 Driver license agents.—
2237 (1) The department shall, upon application, authorize by
2238 interagency agreement any or all of the tax collectors who are
2239 constitutional officers under s. 1(d), Art. VIII of the State
2240 Constitution in the several counties of the state, subject to
2241 the requirements of law, in accordance with rules of the
2242 department, to serve as its agent for the provision of specified
2243 driver license services.
2244 (d) Each tax collector shall provide the same driver
2245 license services in office to residents of other counties that
2246 it provides for residents of its home county.
2247 Section 39. Paragraph (b) of subsection (1) of section
2248 322.17, Florida Statutes, is amended to read:
2249 322.17 Replacement licenses, identification cards, and
2250 permits.—
2251 (1)
2252 (b) In the event that an instruction permit, or driver
2253 license, or identification card issued under the provisions of
2254 this chapter is stolen, the person to whom the same was issued
2255 may, at no charge, obtain a replacement upon furnishing proof
2256 satisfactory to the department that such permit, or license, or
2257 identification card was stolen and further furnishing the
2258 person’s full name, date of birth, sex, residence and mailing
2259 address, proof of birth satisfactory to the department, and
2260 proof of identity satisfactory to the department.
2261 Section 40. Paragraphs (e) and (i) of subsection (1) and
2262 subsection (8) of section 322.21, Florida Statutes, are amended,
2263 and subsection (10) is added to that section, to read:
2264 322.21 License fees; procedure for handling and collecting
2265 fees.—
2266 (1) Except as otherwise provided herein, the fee for:
2267 (e) A replacement driver license issued pursuant to s.
2268 322.17 is $25. Of this amount, $7 shall be deposited into the
2269 Highway Safety Operating Trust Fund and $18 shall be deposited
2270 into the General Revenue Fund. Beginning July 1, 2015, or upon
2271 completion of the transition of driver license issuance
2272 services, If the replacement driver license is issued by the tax
2273 collector, the tax collector shall retain the $7 that would
2274 otherwise be deposited into the Highway Safety Operating Trust
2275 Fund and the remaining revenues shall be deposited into the
2276 General Revenue Fund.
2277 (i) The specialty driver license or identification card
2278 issued pursuant to s. 322.1415 is $25, which is in addition to
2279 other fees required in this section. The fee shall be
2280 distributed as follows:
2281 1. Fifty percent shall be distributed as provided in s.
2282 320.08058 to the appropriate state or independent university,
2283 professional sports team, or branch of the United States Armed
2284 Forces.
2285 2. Fifty percent shall be distributed to the department for
2286 costs directly related to the specialty driver license and
2287 identification card program and to defray the costs associated
2288 with production enhancements and distribution.
2289 (8) A Any person who applies for reinstatement following
2290 the suspension or revocation of the person’s driver license must
2291 pay a service fee of $45 following a suspension, and $75
2292 following a revocation, which is in addition to the fee for a
2293 license. A Any person who applies for reinstatement of a
2294 commercial driver license following the disqualification of the
2295 person’s privilege to operate a commercial motor vehicle shall
2296 pay a service fee of $75, which is in addition to the fee for a
2297 license. The department shall collect all of these fees at the
2298 time of reinstatement. The department shall issue proper
2299 receipts for such fees and shall promptly transmit all funds
2300 received by it as follows:
2301 (a) Of the $45 fee received from a licensee for
2302 reinstatement following a suspension:
2303 1. If the reinstatement is processed by the department, the
2304 department shall deposit $15 in the General Revenue Fund and $30
2305 in the Highway Safety Operating Trust Fund.
2306 2. If the reinstatement is processed by the tax collector,
2307 $15, less the General Revenue Service Charge set forth in s.
2308 215.20(1), shall be retained by the tax collector, $15 shall be
2309 deposited into the Highway Safety Operating Trust Fund, and $15
2310 shall be deposited into the General Revenue Fund.
2311 (b) Of the $75 fee received from a licensee for
2312 reinstatement following a revocation or disqualification:
2313 1. If the reinstatement is processed by the department, the
2314 department shall deposit $35 in the General Revenue Fund and $40
2315 in the Highway Safety Operating Trust Fund.
2316 2. If the reinstatement is processed by the tax collector,
2317 $20, less the General Revenue Service Charge set forth in s.
2318 215.20(1), shall be retained by the tax collector, $20 shall be
2319 deposited into the Highway Safety Operating Trust Fund, and $35
2320 shall be deposited into the General Revenue Fund.
2321
2322 If the revocation or suspension of the driver license was for a
2323 violation of s. 316.193, or for refusal to submit to a lawful
2324 breath, blood, or urine test, an additional fee of $130 must be
2325 charged. However, only one $130 fee may be collected from one
2326 person convicted of violations arising out of the same incident.
2327 The department shall collect the $130 fee and deposit the fee
2328 into the Highway Safety Operating Trust Fund at the time of
2329 reinstatement of the person’s driver license, but the fee may
2330 not be collected if the suspension or revocation is overturned.
2331 If the revocation or suspension of the driver license was for a
2332 conviction for a violation of s. 817.234(8) or (9) or s.
2333 817.505, an additional fee of $180 is imposed for each offense.
2334 The department shall collect and deposit the additional fee into
2335 the Highway Safety Operating Trust Fund at the time of
2336 reinstatement of the person’s driver license.
2337 (10) An applicant who submits an application for a renewal
2338 or replacement driver license or identification card to the
2339 department using a convenience service shall be provided with an
2340 option for expedited shipping whereby the department, at the
2341 applicant’s request, shall issue the license or identification
2342 card within 5 working days after receipt of the application and
2343 ship the license or card using an expedited mail service. A fee
2344 shall be charged for the expedited shipping option, not to
2345 exceed the cost of the expedited mail service, which is in
2346 addition to fees imposed by s. 322.051, this section, or the
2347 convenience service. Fees collected for the expedited shipping
2348 option shall be deposited into the Highway Safety Operating
2349 Trust Fund.
2350 Section 41. Subsection (1) of section 322.61, Florida
2351 Statutes, is amended, and subsection (2) of that section is
2352 reenacted, to read:
2353 322.61 Disqualification from operating a commercial motor
2354 vehicle.—
2355 (1) A person who, for offenses occurring within a 3-year
2356 period, is convicted of two of the following serious traffic
2357 violations, or any combination thereof, arising in separate
2358 incidents committed in a commercial motor vehicle shall, in
2359 addition to any other applicable penalties, be disqualified from
2360 operating a commercial motor vehicle for a period of 60 days. A
2361 holder of a commercial driver license or commercial learner’s
2362 permit who, for offenses occurring within a 3-year period, is
2363 convicted of two of the following serious traffic violations, or
2364 any combination thereof, arising in separate incidents committed
2365 in a noncommercial motor vehicle shall, in addition to any other
2366 applicable penalties, be disqualified from operating a
2367 commercial motor vehicle for a period of 60 days if such
2368 convictions result in the suspension, revocation, or
2369 cancellation of the licenseholder’s driving privilege:
2370 (a) A violation of any state or local law relating to motor
2371 vehicle traffic control, other than a parking violation, arising
2372 in connection with a crash resulting in death;
2373 (b) Reckless driving, as defined in s. 316.192;
2374 (c) Unlawful speed of 15 miles per hour or more above the
2375 posted speed limit;
2376 (d) Improper lane change, as defined in s. 316.085;
2377 (e) Following too closely, as defined in s. 316.0895;
2378 (f) Texting while driving a commercial motor vehicle, as
2379 prohibited by 49 C.F.R. 392.80;
2380 (g) Using a handheld mobile telephone while driving a
2381 commercial motor vehicle, as prohibited by 49 C.F.R. 392.82;
2382 (h)(f) Driving a commercial vehicle without obtaining a
2383 commercial driver license;
2384 (i)(g) Driving a commercial vehicle without the proper
2385 class of commercial driver license or commercial learner’s
2386 permit or without the proper endorsement; or
2387 (j)(h) Driving a commercial vehicle without a commercial
2388 driver license or commercial learner’s permit in possession, as
2389 required by s. 322.03.
2390 (2)(a) Any person who, for offenses occurring within a 3
2391 year period, is convicted of three serious traffic violations
2392 specified in subsection (1) or any combination thereof, arising
2393 in separate incidents committed in a commercial motor vehicle
2394 shall, in addition to any other applicable penalties, including
2395 but not limited to the penalty provided in subsection (1), be
2396 disqualified from operating a commercial motor vehicle for a
2397 period of 120 days.
2398 (b) A holder of a commercial driver license or commercial
2399 learner’s permit who, for offenses occurring within a 3-year
2400 period, is convicted of three serious traffic violations
2401 specified in subsection (1) or any combination thereof arising
2402 in separate incidents committed in a noncommercial motor vehicle
2403 shall, in addition to any other applicable penalties, including,
2404 but not limited to, the penalty provided in subsection (1), be
2405 disqualified from operating a commercial motor vehicle for a
2406 period of 120 days if such convictions result in the suspension,
2407 revocation, or cancellation of the licenseholder’s driving
2408 privilege.
2409 Section 42. Section 324.031, Florida Statutes, is amended
2410 to read:
2411 324.031 Manner of proving financial responsibility.—The
2412 owner or operator of a taxicab, limousine, jitney, or any other
2413 for-hire passenger transportation vehicle may prove financial
2414 responsibility by providing satisfactory evidence of holding a
2415 motor vehicle liability policy as defined in s. 324.021(8) or s.
2416 324.151, which policy is provided by an insurer authorized to do
2417 business in this state issued by an insurance carrier which is a
2418 member of the Florida Insurance Guaranty Association or is an
2419 eligible surplus lines insurer that has a superior, excellent,
2420 exceptional, or equivalent financial strength rating by a rating
2421 agency acceptable to the Office of Insurance Regulation of the
2422 Financial Services Commission. The operator or owner of any
2423 other vehicle may prove his or her financial responsibility by:
2424 (1) Furnishing satisfactory evidence of holding a motor
2425 vehicle liability policy as defined in ss. 324.021(8) and
2426 324.151;
2427 (2) Furnishing a certificate of self-insurance showing a
2428 deposit of cash in accordance with s. 324.161; or
2429 (3) Furnishing a certificate of self-insurance issued by
2430 the department in accordance with s. 324.171.
2431
2432 Any person, including any firm, partnership, association,
2433 corporation, or other person, other than a natural person,
2434 electing to use the method of proof specified in subsection (2)
2435 shall furnish a certificate of deposit equal to the number of
2436 vehicles owned times $30,000, to a maximum of $120,000; in
2437 addition, any such person, other than a natural person, shall
2438 maintain insurance providing coverage in excess of limits of
2439 $10,000/20,000/10,000 or $30,000 combined single limits, and
2440 such excess insurance shall provide minimum limits of
2441 $100,000/$300,000 $125,000/250,000 /50,000 or $300,000 combined
2442 single limits. These increased limits shall not affect the
2443 requirements for proving financial responsibility under s.
2444 324.032(1).
2445 Section 43. Subsection (1) of section 531.37, Florida
2446 Statutes, is amended to read:
2447 531.37 Definitions.—As used in this chapter:
2448 (1) “Weights and measures” means all weights and measures
2449 of every kind, instruments, and devices for weighing and
2450 measuring, and any appliance and accessories associated with any
2451 or all such instruments and devices, excluding taximeters,
2452 transportation measurement systems, and those weights and
2453 measures used for the purpose of inspecting the accuracy of
2454 devices used in conjunction with aviation fuel.
2455 Section 44. Subsection (1) of section 531.61, Florida
2456 Statutes, is amended, and present subsections (2) and (3) of
2457 that section are redesignated as subsections (1) and (2),
2458 respectively, to read:
2459 531.61 Exemptions from permit requirement.—Commercial
2460 weights or measures instruments or devices are exempt from the
2461 requirements of ss. 531.60-531.66 if:
2462 (1) The device is a taximeter that is licensed, permitted,
2463 or registered by a municipality, county, or other local
2464 government and is tested for accuracy and compliance with state
2465 standards by the local government in cooperation with the state
2466 as authorized in s. 531.421.
2467 Section 45. Paragraph (g) of subsection (2) of section
2468 531.63, Florida Statutes, is amended, and present paragraphs (h)
2469 and (i) of that subsection are redesignated as paragraphs (g)
2470 and (h), respectively, to read:
2471 531.63 Maximum permit fees.—The commercial use permit fees
2472 established for weights or measures instruments or devices shall
2473 be in an amount necessary to administer this chapter but may not
2474 exceed the amounts provided in this section.
2475 (2) For other measuring devices, the annual permit fees per
2476 device may not exceed the following:
2477 (g) Taximeters.......................................$50.
2478 Section 46. Section 877.27, Florida Statutes, is amended to
2479 read:
2480 877.27 Unauthorized transmissions to, or interference with,
2481 a public or commercial radio station licensed by the Federal
2482 Communications Commission or global positioning system
2483 prohibited; penalties.—
2484 (1) A person may not:
2485 (a) Make, or cause to be made, a radio transmission in this
2486 state unless the person obtains a license or an exemption from
2487 licensure from the Federal Communications Commission under 47
2488 U.S.C. s. 301, or other applicable federal law or regulation; or
2489 (b) Do any act, whether direct or indirect, to cause an
2490 unlicensed radio transmission to, or interference with, a public
2491 or commercial radio station licensed by the Federal
2492 Communications Commission or to enable the radio transmission or
2493 interference to occur.
2494 (c) Use a device prohibited by the Federal Communications
2495 Commission which would cause interference with the legal use of
2496 a global positioning system (GPS) to track vehicles.
2497 (2) A person who violates this section commits a felony of
2498 the third degree, punishable as provided in s. 775.082, s.
2499 775.083, or s. 775.084.
2500 Section 47. Paragraph (c) of subsection (1) of section
2501 212.05, Florida Statutes, is amended to read:
2502 212.05 Sales, storage, use tax.—It is hereby declared to be
2503 the legislative intent that every person is exercising a taxable
2504 privilege who engages in the business of selling tangible
2505 personal property at retail in this state, including the
2506 business of making mail order sales, or who rents or furnishes
2507 any of the things or services taxable under this chapter, or who
2508 stores for use or consumption in this state any item or article
2509 of tangible personal property as defined herein and who leases
2510 or rents such property within the state.
2511 (1) For the exercise of such privilege, a tax is levied on
2512 each taxable transaction or incident, which tax is due and
2513 payable as follows:
2514 (c) At the rate of 6 percent of the gross proceeds derived
2515 from the lease or rental of tangible personal property, as
2516 defined herein; however, the following special provisions apply
2517 to the lease or rental of motor vehicles:
2518 1. When a motor vehicle is leased or rented for a period of
2519 less than 12 months:
2520 a. If the motor vehicle is rented in Florida, the entire
2521 amount of such rental is taxable, even if the vehicle is dropped
2522 off in another state.
2523 b. If the motor vehicle is rented in another state and
2524 dropped off in Florida, the rental is exempt from Florida tax.
2525 2. Except as provided in subparagraph 3., for the lease or
2526 rental of a motor vehicle for a period of not less than 12
2527 months, sales tax is due on the lease or rental payments if the
2528 vehicle is registered in this state; provided, however, that no
2529 tax shall be due if the taxpayer documents use of the motor
2530 vehicle outside this state and tax is being paid on the lease or
2531 rental payments in another state.
2532 3. The tax imposed by this chapter does not apply to the
2533 lease or rental of a commercial motor vehicle as defined in s.
2534 316.003(13)(a) s. 316.003(12)(a) to one lessee or rentee for a
2535 period of not less than 12 months when tax was paid on the
2536 purchase price of such vehicle by the lessor. To the extent tax
2537 was paid with respect to the purchase of such vehicle in another
2538 state, territory of the United States, or the District of
2539 Columbia, the Florida tax payable shall be reduced in accordance
2540 with the provisions of s. 212.06(7). This subparagraph shall
2541 only be available when the lease or rental of such property is
2542 an established business or part of an established business or
2543 the same is incidental or germane to such business.
2544 Section 48. Subsection (1) of section 316.303, Florida
2545 Statutes, is amended to read:
2546 316.303 Television receivers.—
2547 (1) No motor vehicle may be operated on the highways of
2548 this state if the vehicle is actively displaying moving
2549 television broadcast or pre-recorded video entertainment content
2550 that is visible from the driver’s seat while the vehicle is in
2551 motion, unless the vehicle is equipped with autonomous
2552 technology, as defined in s. 316.003(3) s. 316.003(2), and is
2553 being operated in autonomous mode, as provided in s. 316.85(2).
2554 Section 49. Paragraph (b) of subsection (2) of section
2555 316.545, Florida Statutes, is amended to read:
2556 316.545 Weight and load unlawful; special fuel and motor
2557 fuel tax enforcement; inspection; penalty; review.—
2558 (2)
2559 (b) The officer or inspector shall inspect the license
2560 plate or registration certificate of the commercial vehicle to
2561 determine whether its gross weight is in compliance with the
2562 declared gross vehicle weight. If its gross weight exceeds the
2563 declared weight, the penalty shall be 5 cents per pound on the
2564 difference between such weights. In those cases when the
2565 commercial vehicle is being operated over the highways of the
2566 state with an expired registration or with no registration from
2567 this or any other jurisdiction or is not registered under the
2568 applicable provisions of chapter 320, the penalty herein shall
2569 apply on the basis of 5 cents per pound on that scaled weight
2570 which exceeds 35,000 pounds on laden truck tractor-semitrailer
2571 combinations or tandem trailer truck combinations, 10,000 pounds
2572 on laden straight trucks or straight truck-trailer combinations,
2573 or 10,000 pounds on any unladen commercial motor vehicle. A
2574 driver of a commercial motor vehicle entering the state at a
2575 designated port-of-entry location, as defined in s. 316.003 s.
2576 316.003(54), or operating on designated routes to a port-of
2577 entry location, who obtains a temporary registration permit
2578 shall be assessed a penalty limited to the difference between
2579 its gross weight and the declared gross vehicle weight at 5
2580 cents per pound. If the license plate or registration has not
2581 been expired for more than 90 days, the penalty imposed under
2582 this paragraph may not exceed $1,000. In the case of special
2583 mobile equipment, which qualifies for the license tax provided
2584 for in s. 320.08(5)(b), being operated on the highways of the
2585 state with an expired registration or otherwise not properly
2586 registered under the applicable provisions of chapter 320, a
2587 penalty of $75 shall apply in addition to any other penalty
2588 which may apply in accordance with this chapter. A vehicle found
2589 in violation of this section may be detained until the owner or
2590 operator produces evidence that the vehicle has been properly
2591 registered. Any costs incurred by the retention of the vehicle
2592 shall be the sole responsibility of the owner. A person who has
2593 been assessed a penalty pursuant to this paragraph for failure
2594 to have a valid vehicle registration certificate pursuant to the
2595 provisions of chapter 320 is not subject to the delinquent fee
2596 authorized in s. 320.07 if such person obtains a valid
2597 registration certificate within 10 working days after such
2598 penalty was assessed.
2599 Section 50. Paragraph (a) of subsection (2) of section
2600 316.613, Florida Statutes, is amended to read:
2601 316.613 Child restraint requirements.—
2602 (2) As used in this section, the term “motor vehicle” means
2603 a motor vehicle as defined in s. 316.003 that is operated on the
2604 roadways, streets, and highways of the state. The term does not
2605 include:
2606 (a) A school bus as defined in s. 316.003 s. 316.003(68).
2607 Section 51. Subsection (1) of section 655.960, Florida
2608 Statutes, is amended to read:
2609 655.960 Definitions; ss. 655.960-655.965.—As used in this
2610 section and ss. 655.961-655.965, unless the context otherwise
2611 requires:
2612 (1) “Access area” means any paved walkway or sidewalk which
2613 is within 50 feet of any automated teller machine. The term does
2614 not include any street or highway open to the use of the public,
2615 as defined in s. 316.003(78)(a) or (b) s. 316.003(77)(a) or (b),
2616 including any adjacent sidewalk, as defined in s. 316.003.
2617 Section 52. The amendments made by this act to s. 318.18,
2618 Florida Statutes, shall apply upon the adoption by rule of
2619 uniform traffic citation forms. The Department of Highway Safety
2620 and Motor Vehicles shall notify the Division of Law Revision and
2621 Information upon the adoption of such forms.
2622 Section 53. Except as otherwise provided in this act, this
2623 act shall take effect October 1, 2017.