Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1104
       
       
       
       
       
                               Ì472918FÎ472918                          
       
       576-03255-18                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development)
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s.
    3         316.003, F.S.; adding, deleting, and revising
    4         definitions; amending s. 316.008, F.S.; authorizing a
    5         mobile carrier to be operated on sidewalks and
    6         crosswalks within a county or municipality when such
    7         use is permissible under federal law; providing
    8         construction; repealing s. 316.0895(2), F.S., relating
    9         to prohibitions on certain vehicles following another
   10         vehicles within 300 feet; repealing s. 316.0896, F.S.,
   11         relating to the assistive truck platooning technology
   12         pilot project; creating s. 316.0897, F.S.; exempting
   13         the operator of a nonlead vehicle in a platoon from a
   14         specified provision; authorizing a platoon to be
   15         operated on a roadway in this state after an operator
   16         provides notification to the Department of
   17         Transportation and the Department of Highway Safety
   18         and Motor Vehicles; amending s. 316.2071, F.S.;
   19         authorizing a mobile carrier to operate on sidewalks
   20         and crosswalks; providing that a mobile carrier
   21         operating on a sidewalk or crosswalk has all the
   22         rights and duties applicable to a pedestrian under the
   23         same circumstances, except that the mobile carrier
   24         must not unreasonably interfere with pedestrians or
   25         traffic and must yield the right-of-way to pedestrians
   26         on the sidewalk or crosswalk; specifying requirements
   27         for a mobile carrier; prohibiting a mobile carrier
   28         from taking specified actions; amending s. 316.302,
   29         F.S.; revising regulations to which owners and drivers
   30         of commercial motor vehicles are subject; delaying the
   31         requirement for electronic logging devices and support
   32         documents for certain intrastate motor carriers;
   33         deleting a limitation on a civil penalty for
   34         falsification of certain time records; deleting a
   35         requirement that a motor carrier maintain certain
   36         documentation of driving times; providing an exemption
   37         from specified provisions for a person who operates a
   38         commercial motor vehicle having a certain gross
   39         vehicle weight, gross vehicle weight rating, and gross
   40         combined weight rating; deleting the exemption from
   41         such provisions for a person transporting petroleum
   42         products; amending s. 316.303, F.S.; conforming a
   43         provision to changes made by the act; amending s.
   44         316.85, F.S.; authorizing the Florida Turnpike
   45         Enterprise to fund, construct, and operate test
   46         facilities for the advancement of autonomous and
   47         connected innovative transportation technology
   48         solutions for specified purposes; amending s. 319.141,
   49         F.S.; redefining the term “rebuilt inspection
   50         services”; deleting obsolete language; requiring the
   51         Department of Highway Safety and Motor Vehicles to
   52         ensure that an applicant of the pilot rebuilt motor
   53         vehicle inspection program meets basic criteria
   54         designed to protect the public before the applicant is
   55         renewed; revising requirements for the applicant;
   56         requiring the operator of a facility to annually make
   57         certain attestations; prohibiting a program
   58         participant from conducting an inspection of a vehicle
   59         rebuilt before its purchase by the current applicant;
   60         requiring that such vehicles be inspected by the
   61         department; requiring any applicant that fails an
   62         initial rebuilt inspection to have that vehicle
   63         reinspected only by the department or the facility
   64         that conducted the original inspection; prohibiting
   65         any person or business authorized by the department to
   66         train, certify, or recertify operators and inspectors
   67         of private rebuilt motor vehicle inspection facilities
   68         from certifying or recertifying themselves or any of
   69         their employees; requiring the department to conduct
   70         an onsite facility inspection at least twice a year;
   71         requiring a current operator to give the department
   72         certain notice of a transfer before any transfer of a
   73         rebuilt inspection facility; requiring a transferee to
   74         meet certain eligibility requirements and execute a
   75         new memorandum of understanding with the department
   76         before operating the facility; extending the date for
   77         future repeal of this section; requiring the
   78         department to submit a certain written report to the
   79         Governor and Cabinet on or before a specified date;
   80         amending s. 319.32, F.S.; prohibiting the department
   81         and the tax collector from charging any fee or service
   82         charge, except for the expedited title fee, if
   83         applicable, for a certificate of title issued for a
   84         motor vehicle to transfer the title from a deceased
   85         owner to a surviving spouse or any surviving next of
   86         kin under certain circumstances; defining the term
   87         “next of kin”; amending s. 320.01, F.S.; revising
   88         definitions; amending s. 320.02, F.S.; providing that
   89         a mobile carrier is not required to satisfy specified
   90         registration and insurance requirements; amending s.
   91         320.03, F.S.; preempting to the state jurisdiction
   92         over the electronic filing system for use by
   93         authorized electronic filing system agents to process
   94         title transactions, derelict motor vehicle
   95         certificates, and certain certificates of destruction
   96         for derelict and salvage motor vehicles; authorizing
   97         an entity that, in the normal course of its business,
   98         processes title transactions, derelict motor vehicle
   99         certificates, or certain certificates of destruction
  100         for derelict or salvage motor vehicles and meets all
  101         established requirements to be an authorized
  102         electronic filing system agent; prohibiting such an
  103         entity from being precluded from participating in the
  104         electronic filing system in any county; deleting
  105         provisions requiring the department to adopt certain
  106         rules to replace specified program standards;
  107         requiring the department to adopt certain rules;
  108         amending s. 320.06, F.S.; requiring a vehicle that has
  109         an apportioned registration to be issued, before a
  110         specified date, an annual license plate and a cab card
  111         denoting the declared gross vehicle weight; providing
  112         requirements, beginning on a specified date, for
  113         license plates, cab cards, and validation stickers for
  114         vehicles registered in accordance with the
  115         International Registration Plan; providing a specified
  116         fee for initial and renewed validation stickers;
  117         requiring the fee to be deposited into the Highway
  118         Safety Operating Trust Fund; authorizing a damaged or
  119         worn license plate to be replaced at no charge under
  120         certain circumstances; providing an exception to the
  121         design of dealer license plates for specialty license
  122         plates; amending s. 320.0605, F.S.; authorizing an
  123         official copy of a registration certificate to be in
  124         an electronic format and authorizing an electronic
  125         copy of certain rental or lease documentation to be in
  126         the possession of the operator or to be carried in the
  127         vehicle for which issued and to be exhibited upon
  128         demand of any authorized law enforcement officer or
  129         any agent of the department; specifying that the act
  130         of presenting to a law enforcement officer or agent of
  131         the department an electronic device displaying an
  132         electronic copy of rental or lease documentation does
  133         not constitute consent for the officer or agent to
  134         access any information on the device other than the
  135         displayed rental or lease documentation; requiring the
  136         person who presents the device to the officer or agent
  137         to assume the liability for any resulting damage to
  138         the device; providing that rental or lease
  139         documentation that includes the date and time of
  140         rental is sufficient to satisfy a specified
  141         requirement; amending s. 320.0607, F.S.; providing an
  142         exemption, beginning on a specified date, from a
  143         certain fee for vehicles registered under the
  144         International Registration Plan; amending s. 320.0657,
  145         F.S.; providing an exception to the design of fleet
  146         license plates for specialty license plates;
  147         authorizing fleet companies to purchase specialty
  148         license plates in lieu of the standard fleet license
  149         plates for additional specified fees; requiring fleet
  150         companies to be responsible for all costs associated
  151         with the specialty license plate; amending s. 320.08,
  152         F.S.; authorizing dealers to purchase specialty
  153         license plates in lieu of the standard graphic dealer
  154         license plates for additional specified fees;
  155         requiring dealers to be responsible for all costs
  156         associated with the specialty license plate; amending
  157         s. 320.08056, F.S.; allowing the department to
  158         authorize dealer and fleet specialty license plates;
  159         authorizing a dealer or fleet company to purchase
  160         specialty license plates to be used on dealer and
  161         fleet vehicles with the permission of the sponsoring
  162         specialty license plate organization; requiring a
  163         dealer or fleet specialty license plate to include
  164         specified letters on the right side of the license
  165         plate; requiring dealer and fleet specialty license
  166         plates to be ordered directly through the department;
  167         amending s. 320.131, F.S.; authorizing, beginning on a
  168         specified date, the department to partner with a
  169         county tax collector to conduct a Fleet Vehicle
  170         Temporary Tag pilot program, subject to certain
  171         requirements; providing for future repeal; amending s.
  172         322.01, F.S.; providing definitions; amending s.
  173         322.032, F.S.; directing the department to implement
  174         protocols for issuing an optional electronic
  175         credential and to procure a certain related technology
  176         solution, subject to certain requirements; providing
  177         requirements for the electronic credential and
  178         verification solution; directing the department to
  179         procure one or more electronic credential providers
  180         through a competitive solicitation process to develop
  181         and implement a secure electronic credential system;
  182         requiring the department to maintain certain protocols
  183         and national standards; requiring the department to
  184         timely review and approve all electronic credential
  185         provider requests for authorized access to certain
  186         interfaces which meet the agency’s requirements;
  187         authorizing the department to assess a fee; requiring
  188         the department to provide access to a certain
  189         standardized digital transaction process for use by
  190         the approved electronic credential providers of
  191         compliant electronic credentials, subject to certain
  192         requirements; requiring any revenue generated from the
  193         electronic credential system to be collected by the
  194         department and distributed pursuant to a legislative
  195         appropriation and department agreements with the
  196         electronic credential providers of the electronic
  197         credential; providing that any revenues shared between
  198         the state and electronic credential providers is based
  199         solely on revenues derived from the purchase of the
  200         optional electronic credential and no other
  201         transaction; requiring the department to enter into
  202         certain agreements with electronic credential
  203         providers; requiring that an electronic credential be
  204         in a format that allows certain entities to verify its
  205         authenticity and the identity of the credential holder
  206         and to validate certain privileges; providing that
  207         presenting an electronic device displaying an
  208         electronic credential does not constitute consent for
  209         a law enforcement officer to access any other
  210         information on such device; providing that the person
  211         who presents the device to the officer assumes
  212         liability for any resulting damage to the device;
  213         conforming provisions to changes made by the act;
  214         amending s. 322.059, F.S.; conforming a provision to
  215         changes made by the act; amending s. 322.143, F.S.;
  216         revising a definition; amending s. 322.15, F.S.;
  217         conforming a provision to changes made by the act;
  218         amending s. 322.38, F.S.; prohibiting a person from
  219         renting a motor vehicle to another until he or she has
  220         verified that the driver license of the person to whom
  221         the vehicle is rented is unexpired; deleting the
  222         requirement that a person renting a motor vehicle to
  223         another keep a record of the date when the license of
  224         the person to whom the vehicle is rented was issued;
  225         specifying that a rental car company is deemed to have
  226         met specified requirements when the rental car company
  227         requires the renter to verify that he or she is duly
  228         licensed and that the license is unexpired if the
  229         rental car company rents a motor vehicle to a person
  230         through certain digital, electronic, or other means;
  231         specifying when such verification may occur; amending
  232         s. 322.61, F.S.; conforming a cross-reference;
  233         amending s. 324.021, F.S.; revising the definition of
  234         the term “motor vehicle”; amending s. 655.960, F.S.;
  235         conforming a cross-reference; amending s. 812.014,
  236         F.S.; providing a criminal penalty for an offender
  237         committing grand theft who uses a device to interfere
  238         with a global positioning or similar system; providing
  239         effective dates.
  240          
  241  Be It Enacted by the Legislature of the State of Florida:
  242  
  243         Section 1. Subsection (20) of section 316.003, Florida
  244  Statutes, is amended, present subsections (21) through (37) of
  245  that section are redesignated as subsections (20) through (36),
  246  respectively, new subsections (37) and (52) are added to that
  247  section, present subsections (52) through (99) of that section
  248  are redesignated as subsections (53) through (100),
  249  respectively, and subsections (40) and (51) and present
  250  subsections (57) and (97) of that section are amended, to read:
  251         316.003 Definitions.—The following words and phrases, when
  252  used in this chapter, shall have the meanings respectively
  253  ascribed to them in this section, except where the context
  254  otherwise requires:
  255         (20) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
  256  automation and safety technology that integrates sensor array,
  257  wireless vehicle-to-vehicle communications, active safety
  258  systems, and specialized software to link safety systems and
  259  synchronize acceleration and braking between two vehicles while
  260  leaving each vehicle’s steering control and systems command in
  261  the control of the vehicle’s driver in compliance with the
  262  National Highway Traffic Safety Administration rules regarding
  263  vehicle-to-vehicle communications.
  264         (37) MOBILE CARRIER.—An electrically powered device that:
  265         (a) Is operated on sidewalks and crosswalks and is intended
  266  primarily for transporting property;
  267         (b) Weighs less than 80 pounds, excluding cargo;
  268         (c) Has a maximum speed of 12.5 mph; and
  269         (d) Is equipped with a technology to transport personal
  270  property with the active monitoring of a property owner, and
  271  primarily designed to remain within 25 feet of the property
  272  owner.
  273  
  274  A mobile carrier is not considered a vehicle or personal
  275  delivery device unless expressly defined by law as a vehicle or
  276  personal delivery device.
  277         (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
  278  self-propelled vehicle not operated upon rails or guideway, but
  279  not including any bicycle, motorized scooter, electric personal
  280  assistive mobility device, mobile carrier, personal delivery
  281  device, swamp buggy, or moped. For purposes of s. 316.1001,
  282  “motor vehicle” has the same meaning as provided in s.
  283  320.01(1)(a).
  284         (51) PERSONAL DELIVERY DEVICE.—An electrically powered
  285  device that:
  286         (a) Is operated on sidewalks and crosswalks and intended
  287  primarily for transporting property;
  288         (b) Weighs less than 100 80 pounds, excluding cargo;
  289         (c) Has a maximum speed of 10 miles per hour; and
  290         (d) Is equipped with technology to allow for operation of
  291  the device with or without the active control or monitoring of a
  292  natural person.
  293  
  294  A personal delivery device is not considered a vehicle unless
  295  expressly defined by law as a vehicle. A mobile carrier is not
  296  considered a personal delivery device.
  297         (52) PLATOON.—A group of individual motor vehicles
  298  traveling in a unified manner at electronically coordinated
  299  speeds and following distances.
  300         (58)(57) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
  301  provided in paragraph (80)(b) (79)(b), any privately owned way
  302  or place used for vehicular travel by the owner and those having
  303  express or implied permission from the owner, but not by other
  304  persons.
  305         (98)(97) VEHICLE.—Every device in, upon, or by which any
  306  person or property is or may be transported or drawn upon a
  307  highway, except personal delivery devices, mobile carriers, and
  308  devices used exclusively upon stationary rails or tracks.
  309         Section 2. Paragraph (b) of subsection (7) of section
  310  316.008, Florida Statutes, is amended to read:
  311         316.008 Powers of local authorities.—
  312         (7)
  313         (b)1. Except as provided in subparagraph 2., a personal
  314  delivery device and a mobile carrier may be operated on
  315  sidewalks and crosswalks within a county or municipality when
  316  such use is permissible under federal law. This paragraph does
  317  not restrict a county or municipality from otherwise adopting
  318  regulations for the safe operation of personal delivery devices
  319  and mobile carriers.
  320         2. A personal delivery device may not be operated on the
  321  Florida Shared-Use Nonmotorized Trail Network created under s.
  322  339.81 or components of the Florida Greenways and Trails System
  323  created under chapter 260.
  324         Section 3. Subsection (2) of section 316.0895, Florida
  325  Statutes, is repealed.
  326         Section 4. Section 316.0896, Florida Statutes, is repealed.
  327         Section 5. Section 316.0897, Florida Statutes, is created
  328  to read:
  329         316.0897 Platoons.—
  330         (1) Section 316.0895 does not apply to the operator of a
  331  nonlead vehicle in a platoon, as defined in s. 316.003.
  332         (2) A platoon may be operated on a roadway in this state
  333  after an operator provides notification to the Department of
  334  Transportation and the Department of Highway Safety and Motor
  335  Vehicles.
  336         Section 6. Section 316.2071, Florida Statutes, is amended
  337  to read:
  338         316.2071 Personal delivery devices and mobile carriers.—
  339         (1) Notwithstanding any provision of law to the contrary, a
  340  personal delivery device or mobile carrier may operate on
  341  sidewalks and crosswalks, subject to s. 316.008(7)(b). A
  342  personal delivery device or mobile carrier operating on a
  343  sidewalk or crosswalk has all the rights and duties applicable
  344  to a pedestrian under the same circumstances, except that the
  345  personal delivery device or mobile carrier must not unreasonably
  346  interfere with pedestrians or traffic and must yield the right
  347  of-way to pedestrians on the sidewalk or crosswalk.
  348         (2) A personal delivery device and a mobile carrier must:
  349         (a) Obey all official traffic and pedestrian control
  350  signals and devices.
  351         (b) For personal delivery devices, include a plate or
  352  marker that has a unique identifying device number and
  353  identifies the name and contact information of the personal
  354  delivery device operator.
  355         (c) Be equipped with a braking system that, when active or
  356  engaged, enables the personal delivery device or mobile carrier
  357  to come to a controlled stop.
  358         (3) A personal delivery device and a mobile carrier may
  359  not:
  360         (a) Operate on a public highway except to the extent
  361  necessary to cross a crosswalk.
  362         (b) Operate on a sidewalk or crosswalk unless the personal
  363  delivery device operator is actively controlling or monitoring
  364  the navigation and operation of the personal delivery device or
  365  a property owner remains within 25 feet of the mobile carrier.
  366         (c) Transport hazardous materials as defined in s. 316.003.
  367         (4) A person who owns and operates a personal delivery
  368  device in this state must maintain an insurance policy, on
  369  behalf of himself or herself and his or her agents, which
  370  provides general liability coverage of at least $100,000 for
  371  damages arising from the combined operations of personal
  372  delivery devices under the entity’s or agent’s control.
  373         Section 7. Subsection (1) and paragraphs (a), (c), (d), and
  374  (f) of subsection (2) of section 316.302, Florida Statutes, are
  375  amended to read:
  376         316.302 Commercial motor vehicles; safety regulations;
  377  transporters and shippers of hazardous materials; enforcement.—
  378         (1) Except as otherwise provided in subsection (3):
  379         (a) All owners and drivers of commercial motor vehicles
  380  that are operated on the public highways of this state while
  381  engaged in interstate commerce are subject to the rules and
  382  regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
  383         (b) Except as otherwise provided in this section, all
  384  owners or drivers of commercial motor vehicles that are engaged
  385  in intrastate commerce are subject to the rules and regulations
  386  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
  387  the exception of 49 C.F.R. s. 390.5 as it relates to the
  388  definition of bus, as such rules and regulations existed on
  389  December 31, 2017 2012.
  390         (c) The emergency exceptions provided by 49 C.F.R. s.
  391  392.82 also apply to communications by utility drivers and
  392  utility contractor drivers during a Level 1 activation of the
  393  State Emergency Operations Center, as provided in the Florida
  394  Comprehensive Emergency Management plan, or during a state of
  395  emergency declared by executive order or proclamation of the
  396  Governor.
  397         (d) Except as provided in s. 316.215(5), and except as
  398  provided in s. 316.228 for rear overhang lighting and flagging
  399  requirements for intrastate operations, the requirements of this
  400  section supersede all other safety requirements of this chapter
  401  for commercial motor vehicles.
  402         (e) For motor carriers engaged in intrastate commerce who
  403  are not carrying hazardous materials in amounts that require
  404  placards, the requirement for electronic logging devices and
  405  hours of service support documents shall take effect December
  406  31, 2018.
  407         (2)(a) A person who operates a commercial motor vehicle
  408  solely in intrastate commerce not transporting any hazardous
  409  material in amounts that require placarding pursuant to 49
  410  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
  411  and 395.3 395.3(a) and (b).
  412         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  413  operates a commercial motor vehicle solely in intrastate
  414  commerce not transporting any hazardous material in amounts that
  415  require placarding pursuant to 49 C.F.R. part 172 may not drive
  416  after having been on duty more than 70 hours in any period of 7
  417  consecutive days or more than 80 hours in any period of 8
  418  consecutive days if the motor carrier operates every day of the
  419  week. Thirty-four consecutive hours off duty shall constitute
  420  the end of any such period of 7 or 8 consecutive days. This
  421  weekly limit does not apply to a person who operates a
  422  commercial motor vehicle solely within this state while
  423  transporting, during harvest periods, any unprocessed
  424  agricultural products or unprocessed food or fiber that is
  425  subject to seasonal harvesting from place of harvest to the
  426  first place of processing or storage or from place of harvest
  427  directly to market or while transporting livestock, livestock
  428  feed, or farm supplies directly related to growing or harvesting
  429  agricultural products. Upon request of the Department of Highway
  430  Safety and Motor Vehicles, motor carriers shall furnish time
  431  records or other written verification to that department so that
  432  the Department of Highway Safety and Motor Vehicles can
  433  determine compliance with this subsection. These time records
  434  must be furnished to the Department of Highway Safety and Motor
  435  Vehicles within 2 days after receipt of that department’s
  436  request. Falsification of such information is subject to a civil
  437  penalty not to exceed $100. The provisions of This paragraph
  438  does do not apply to operators of farm labor vehicles operated
  439  during a state of emergency declared by the Governor or operated
  440  pursuant to s. 570.07(21), and does do not apply to drivers of
  441  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  442         (d) A person who operates a commercial motor vehicle solely
  443  in intrastate commerce not transporting any hazardous material
  444  in amounts that require placarding pursuant to 49 C.F.R. part
  445  172 within a 150 air-mile radius of the location where the
  446  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
  447  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
  448  395.1(e)(1)(iii) and (v) are met. If a driver is not released
  449  from duty within 12 hours after the driver arrives for duty, the
  450  motor carrier must maintain documentation of the driver’s
  451  driving times throughout the duty period.
  452         (f) A person who operates a commercial motor vehicle having
  453  a declared gross vehicle weight, gross vehicle weight rating,
  454  and gross combined weight rating of less than 26,001 pounds
  455  solely in intrastate commerce and who is not transporting
  456  hazardous materials in amounts that require placarding pursuant
  457  to 49 C.F.R. part 172, or who is transporting petroleum products
  458  as defined in s. 376.301, is exempt from subsection (1).
  459  However, such person must comply with 49 C.F.R. parts 382, 392,
  460  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  461         Section 8. Subsection (3) of section 316.303, Florida
  462  Statutes, is amended to read:
  463         316.303 Television receivers.—
  464         (3) This section does not prohibit the use of an electronic
  465  display used in conjunction with a vehicle navigation system; an
  466  electronic display used by an operator of a vehicle equipped
  467  with autonomous technology, as defined in s. 316.003; or an
  468  electronic display used by an operator of a platoon vehicle
  469  equipped and operating with driver-assistive truck platooning
  470  technology, as defined in s. 316.003.
  471         Section 9. Subsection (3) is added to section 316.85,
  472  Florida Statutes, to read:
  473         316.85 Autonomous vehicles; operation.—
  474         (3) The Florida Turnpike Enterprise may fund, construct,
  475  and operate test facilities for the advancement of autonomous
  476  and connected innovative transportation technology solutions for
  477  the purposes of improving safety and decreasing congestion for
  478  the traveling public and to otherwise advance the enterprise’s
  479  objectives as set forth under the Florida Transportation Code.
  480         Section 10. Section 319.141, Florida Statutes, is amended
  481  to read:
  482         319.141 Pilot rebuilt motor vehicle inspection program.—
  483         (1) As used in this section, the term:
  484         (a) “Facility” means a rebuilt motor vehicle inspection
  485  facility authorized and operating under this section.
  486         (b) “Rebuilt inspection services” means an examination of a
  487  rebuilt vehicle and a properly endorsed certificate of title,
  488  salvage certificate of title, or manufacturer’s statement of
  489  origin and an application for a rebuilt certificate of title, a
  490  rebuilder’s affidavit, a photograph of the junk or salvage
  491  vehicle taken before repairs began, a photograph of the interior
  492  driver and passenger sides of the vehicle if airbags were
  493  previously deployed and replaced, receipts or invoices for all
  494  major component parts, as defined in s. 319.30, and repairs
  495  which were changed, and proof that notice of rebuilding of the
  496  vehicle has been reported to the National Motor Vehicle Title
  497  Information System.
  498         (2) By July 1, 2015, The department shall oversee a pilot
  499  program in Miami-Dade County to evaluate alternatives for
  500  rebuilt inspection services offered by existing private sector
  501  operators, including the continued use of private facilities,
  502  the cost impact to consumers, and the potential savings to the
  503  department.
  504         (3) The department shall establish a memorandum of
  505  understanding that allows private parties participating in the
  506  pilot program to conduct rebuilt motor vehicle inspections and
  507  specifies requirements for oversight, bonding and insurance,
  508  procedures, and forms and requires the electronic transmission
  509  of documents.
  510         (4) Before an applicant is approved or renewed, the
  511  department shall ensure that the applicant meets basic criteria
  512  designed to protect the public. At a minimum, the applicant
  513  shall meet all of the following requirements:
  514         (a) Have and maintain a surety bond or irrevocable letter
  515  of credit in the amount of $100,000 executed by the applicant.
  516         (b) Secure and maintain a facility at a permanent fixed
  517  structure which has at an address identified by a county-issued
  518  tax folio number and recognized by the United States Postal
  519  Service where the only services provided on such property are
  520  rebuilt inspection services. The operator of a facility shall
  521  annually attest that:
  522         1. He or she is not employed by or does not have an
  523  ownership interest in or other financial arrangement with the
  524  owner, operator, manager, or employee of a motor vehicle repair
  525  shop as defined in s. 559.903, a motor vehicle dealer as defined
  526  in s. 320.27(1)(c), a towing company, a vehicle storage company,
  527  a vehicle auction, an insurance company, a salvage yard, a metal
  528  retailer, or a metal rebuilder, from which he or she receives
  529  remuneration, directly or indirectly, for the referral of
  530  customers for rebuilt inspection services;
  531         2. There have been no changes to the ownership structure of
  532  the approved facility; and
  533         3. The only services being provided by the operator of the
  534  facility at the property are rebuilt vehicle inspection services
  535  approved by the department.
  536         (c) Have and maintain garage liability and other insurance
  537  required by the department.
  538         (d) Have completed criminal background checks of the
  539  owners, partners, and corporate officers and the inspectors
  540  employed by the facility.
  541         (e) Have a designated office and customer waiting area that
  542  is separate from and not within view of the vehicle inspection
  543  area. The vehicle inspection area must be capable of
  544  accommodating all vehicle types and must be equipped with
  545  cameras allowing the department to view and monitor every
  546  inspection.
  547         (f)(e) Meet any additional criteria the department
  548  determines necessary to conduct proper inspections.
  549         (5) A participant in the program shall access vehicle and
  550  title information and enter inspection results through an
  551  electronic filing system authorized by the department and shall
  552  maintain records of each rebuilt vehicle inspection processed at
  553  such facility for at least 5 years.
  554         (6) A participant in the program may not conduct an
  555  inspection of a vehicle rebuilt before its purchase by the
  556  current applicant. Such vehicles must be inspected by the
  557  department.
  558         (7) Any applicant for a rebuilt title that fails an initial
  559  rebuilt inspection may have that vehicle reinspected only by the
  560  department or the facility that conducted the original
  561  inspection.
  562         (8) Any person or business authorized by the department to
  563  train, certify, or recertify operators and inspectors of private
  564  rebuilt motor vehicle inspection facilities may not certify or
  565  recertify themselves or any of their employees.
  566         (9)(6) The department shall conduct an onsite facility
  567  inspection at least twice a year and shall immediately terminate
  568  any operator from the program who fails to meet the minimum
  569  eligibility requirements specified in subsection (4). Before any
  570  a change in ownership or transfer of a rebuilt inspection
  571  facility, the current operator must give the department 45 days’
  572  written notice of the intended sale or transfer. The prospective
  573  owner or transferee must meet the eligibility requirements of
  574  this section and execute a new memorandum of understanding with
  575  the department before operating the facility.
  576         (10)(7) This section is repealed on July 1, 2020 2018,
  577  unless saved from repeal through reenactment by the Legislature.
  578  On or before January 1, 2019, the department shall submit a
  579  written report to the Governor and Cabinet evaluating the
  580  current program and the benefits to the consumer and the
  581  department.
  582         Section 11. Subsection (7) of section 319.32, Florida
  583  Statutes, is amended to read:
  584         319.32 Fees; service charges; disposition.—
  585         (7) Notwithstanding any other provision of this section,
  586  the department and tax collector may not charge any fee or
  587  service charge, except for the expedited title fee, if
  588  applicable, for a certificate of title issued for a motor
  589  vehicle solely to:
  590         (a) Remove a deceased coowner from a title registered in
  591  the names of two persons if the other coowner is the surviving
  592  spouse; or
  593         (b) Transfer the title from a deceased owner to a surviving
  594  spouse or any surviving next of kin, if the spouse or next of
  595  kin is a resident of this state and if the vehicle is titled in
  596  this state before the transfer. For purposes of this paragraph,
  597  the term “next of kin” means the deceased’s child, brother,
  598  sister, or parent.
  599         Section 12. Paragraph (a) of subsection (1) and subsection
  600  (24) of section 320.01, Florida Statutes, are amended to read:
  601         320.01 Definitions, general.—As used in the Florida
  602  Statutes, except as otherwise provided, the term:
  603         (1) “Motor vehicle” means:
  604         (a) An automobile, motorcycle, truck, trailer, semitrailer,
  605  truck tractor and semitrailer combination, or any other vehicle
  606  operated on the roads of this state, used to transport persons
  607  or property, and propelled by power other than muscular power,
  608  but the term does not include traction engines, road rollers,
  609  personal delivery devices and mobile carriers as defined in s.
  610  316.003, special mobile equipment as defined in s. 316.003,
  611  vehicles that run only upon a track, bicycles, swamp buggies, or
  612  mopeds.
  613         (24) “Apportionable vehicle” means any vehicle, except
  614  recreational vehicles, vehicles displaying restricted plates,
  615  city pickup and delivery vehicles, buses used in transportation
  616  of chartered parties, and government-owned vehicles, which is
  617  used or intended for use in two or more member jurisdictions
  618  that allocate or proportionally register vehicles and which is
  619  used for the transportation of persons for hire or is designed,
  620  used, or maintained primarily for the transportation of property
  621  and:
  622         (a) Is a power unit having a gross vehicle weight in excess
  623  of 26,000 pounds;
  624         (b) Is a power unit having three or more axles, regardless
  625  of weight; or
  626         (c) Is used in combination, when the weight of such
  627  combination exceeds 26,000 pounds gross vehicle weight.
  628  
  629  Vehicles, or combinations thereof, having a gross vehicle weight
  630  of 26,000 pounds or less and two-axle vehicles may be
  631  proportionally registered.
  632         Section 13. Subsection (19) of section 320.02, Florida
  633  Statutes, is amended to read:
  634         320.02 Registration required; application for registration;
  635  forms.—
  636         (19) A personal delivery device and a mobile carrier as
  637  defined in s. 316.003 are is not required to satisfy the
  638  registration and insurance requirements of this section.
  639         Section 14. Effective January 1, 2019, subsection (10) of
  640  section 320.03, Florida Statutes, is amended to read:
  641         320.03 Registration; duties of tax collectors;
  642  International Registration Plan.—
  643         (10) Jurisdiction over the electronic filing system for use
  644  by authorized electronic filing system agents to electronically
  645  title or register motor vehicles, vessels, mobile homes, or off
  646  highway vehicles; process title transactions, derelict motor
  647  vehicle certificates, and certificates of destruction for
  648  derelict and salvage motor vehicles pursuant to s. 319.30(2),
  649  (3), (7), and (8); issue or transfer registration license plates
  650  or decals; electronically transfer fees due for the title and
  651  registration process; and perform inquiries for title,
  652  registration, and lienholder verification and certification of
  653  service providers is expressly preempted to the state, and the
  654  department shall have regulatory authority over the system. The
  655  electronic filing system shall be available for use statewide
  656  and applied uniformly throughout the state. An entity that, in
  657  the normal course of its business, sells products that must be
  658  titled or registered;, provides title and registration services
  659  on behalf of its consumers; or processes title transactions,
  660  derelict motor vehicle certificates, or certificates of
  661  destruction for derelict or salvage motor vehicles pursuant to
  662  s. 319.30(2), (3), (7), or (8); and meets all established
  663  requirements may be an authorized electronic filing system agent
  664  and shall not be precluded from participating in the electronic
  665  filing system in any county. Upon request from a qualified
  666  entity, the tax collector shall appoint the entity as an
  667  authorized electronic filing system agent for that county. The
  668  department shall adopt rules in accordance with chapter 120 to
  669  replace the December 10, 2009, program standards and to
  670  administer the provisions of this section, including, but not
  671  limited to, establishing participation requirements,
  672  certification of service providers, electronic filing system
  673  requirements, and enforcement authority for noncompliance. The
  674  December 10, 2009, program standards, excluding any standards
  675  which conflict with this subsection, shall remain in effect
  676  until the rules are adopted. An authorized electronic filing
  677  system agent may charge a fee to the customer for use of the
  678  electronic filing system. The department shall adopt rules to
  679  administer this subsection, including, but not limited to, rules
  680  establishing participation requirements, certification of
  681  service providers, electronic filing system requirements,
  682  disclosures, and enforcement authority for noncompliance.
  683         Section 15. Paragraph (b) of subsection (1) and paragraph
  684  (a) of subsection (3) of section 320.06, Florida Statutes, are
  685  amended to read:
  686         320.06 Registration certificates, license plates, and
  687  validation stickers generally.—
  688         (1)
  689         (b)1. Registration license plates bearing a graphic symbol
  690  and the alphanumeric system of identification shall be issued
  691  for a 10-year period. At the end of the 10-year period, upon
  692  renewal, the plate shall be replaced. The department shall
  693  extend the scheduled license plate replacement date from a 6
  694  year period to a 10-year period. The fee for such replacement is
  695  $28, $2.80 of which shall be paid each year before the plate is
  696  replaced, to be credited toward the next $28 replacement fee.
  697  The fees shall be deposited into the Highway Safety Operating
  698  Trust Fund. A credit or refund may not be given for any prior
  699  years’ payments of the prorated replacement fee if the plate is
  700  replaced or surrendered before the end of the 10-year period,
  701  except that a credit may be given if a registrant is required by
  702  the department to replace a license plate under s.
  703  320.08056(8)(a). With each license plate, a validation sticker
  704  shall be issued showing the owner’s birth month, license plate
  705  number, and the year of expiration or the appropriate renewal
  706  period if the owner is not a natural person. The validation
  707  sticker shall be placed on the upper right corner of the license
  708  plate. The license plate and validation sticker shall be issued
  709  based on the applicant’s appropriate renewal period. The
  710  registration period is 12 months, the extended registration
  711  period is 24 months, and all expirations occur based on the
  712  applicant’s appropriate registration period.
  713         2. Before October 1, 2019, a vehicle that has an
  714  apportioned registration shall be issued an annual license plate
  715  and a cab card denoting that denote the declared gross vehicle
  716  weight for each apportioned jurisdiction in which the vehicle is
  717  authorized to operate.
  718         3. Beginning October 1, 2019, a vehicle registered in
  719  accordance with the International Registration Plan shall be
  720  issued a license plate for a 5-year period, an annual cab card
  721  denoting the declared gross vehicle weight, and an annual
  722  validation sticker showing the month and year of expiration. The
  723  validation sticker shall be placed in the center of the license
  724  plate. The license plate and validation sticker shall be issued
  725  based on the applicant’s appropriate renewal period. The fee for
  726  the initial validation sticker and any renewed validation
  727  sticker is $28. This fee shall be deposited into the Highway
  728  Safety Operating Trust Fund. A damaged or worn license plate may
  729  be replaced at no charge by applying to the department and
  730  surrendering the current license plate.
  731         4.2. In order to retain the efficient administration of the
  732  taxes and fees imposed by this chapter, the 80-cent fee increase
  733  in the replacement fee imposed by chapter 2009-71, Laws of
  734  Florida, is negated as provided in s. 320.0804.
  735         (3)(a) Registration license plates must be made of metal
  736  specially treated with a retroreflection material, as specified
  737  by the department. The registration license plate is designed to
  738  increase nighttime visibility and legibility and must be at
  739  least 6 inches wide and not less than 12 inches in length,
  740  unless a plate with reduced dimensions is deemed necessary by
  741  the department to accommodate motorcycles, mopeds, or similar
  742  smaller vehicles. Validation stickers must also be treated with
  743  a retroreflection material, must be of such size as specified by
  744  the department, and must adhere to the license plate. The
  745  registration license plate must be imprinted with a combination
  746  of bold letters and numerals or numerals, not to exceed seven
  747  digits, to identify the registration license plate number. The
  748  license plate must be imprinted with the word “Florida” at the
  749  top and the name of the county in which it is sold, the state
  750  motto, or the words “Sunshine State” at the bottom. Apportioned
  751  license plates must have the word “Apportioned” at the bottom
  752  and license plates issued for vehicles taxed under s.
  753  320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
  754  the word “Restricted” at the bottom. License plates issued for
  755  vehicles taxed under s. 320.08(12) must be imprinted with the
  756  word “Florida” at the top and the word “Dealer” at the bottom
  757  unless the license plate is a specialty license plate as
  758  authorized in s. 320.08056. Manufacturer license plates issued
  759  for vehicles taxed under s. 320.08(12) must be imprinted with
  760  the word “Florida” at the top and the word “Manufacturer” at the
  761  bottom. License plates issued for vehicles taxed under s.
  762  320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at
  763  the bottom. Any county may, upon majority vote of the county
  764  commission, elect to have the county name removed from the
  765  license plates sold in that county. The state motto or the words
  766  “Sunshine State” shall be printed in lieu thereof. A license
  767  plate issued for a vehicle taxed under s. 320.08(6) may not be
  768  assigned a registration license number, or be issued with any
  769  other distinctive character or designation, that distinguishes
  770  the motor vehicle as a for-hire motor vehicle.
  771         Section 16. Section 320.0605, Florida Statutes, is amended
  772  to read:
  773         320.0605 Certificate of registration; possession required;
  774  exception.—
  775         (1)(a) The registration certificate or an official copy
  776  thereof including in an electronic format, a true copy or an
  777  electronic copy of rental or lease documentation issued for a
  778  motor vehicle or issued for a replacement vehicle in the same
  779  registration period, a temporary receipt printed upon self
  780  initiated electronic renewal of a registration via the Internet,
  781  or a cab card issued for a vehicle registered under the
  782  International Registration Plan shall, at all times while the
  783  vehicle is being used or operated on the roads of this state, be
  784  in the possession of the operator thereof or be carried in the
  785  vehicle for which issued and shall be exhibited upon demand of
  786  any authorized law enforcement officer or any agent of the
  787  department, except for a vehicle registered under s. 320.0657.
  788  The provisions of This section does do not apply during the
  789  first 30 days after purchase of a replacement vehicle. A
  790  violation of this section is a noncriminal traffic infraction,
  791  punishable as a nonmoving violation as provided in chapter 318.
  792         (b)1. The act of presenting to a law enforcement officer or
  793  agent of the department an electronic device displaying an
  794  electronic copy of the registration certificate or the rental or
  795  lease documentation does not constitute consent for the officer
  796  or agent to access any information on the device other than the
  797  displayed rental or lease documentation.
  798         2. The person who presents the device to the officer or
  799  agent assumes the liability for any resulting damage to the
  800  device.
  801         (2) Rental or lease documentation that is sufficient to
  802  satisfy the requirement in subsection (1) includes the
  803  following:
  804         (a) Date of rental and time of exit from rental facility;
  805         (b) Rental station identification;
  806         (c) Rental agreement number;
  807         (d) Rental vehicle identification number;
  808         (e) Rental vehicle license plate number and state of
  809  registration;
  810         (f) Vehicle’s make, model, and color;
  811         (g) Vehicle’s mileage; and
  812         (h) Authorized renter’s name.
  813         Section 17. Subsection (5) of section 320.0607, Florida
  814  Statutes, is amended to read:
  815         320.0607 Replacement license plates, validation decal, or
  816  mobile home sticker.—
  817         (5) Upon the issuance of an original license plate, the
  818  applicant shall pay a fee of $28 to be deposited in the Highway
  819  Safety Operating Trust Fund. Beginning October 1, 2019, this
  820  subsection does not apply to a vehicle registered under the
  821  International Registration Plan.
  822         Section 18. Paragraph (b) of subsection (2) of section
  823  320.0657, Florida Statutes, is amended to read:
  824         320.0657 Permanent registration; fleet license plates.—
  825         (2)
  826         (b) The plates, which shall be of a distinctive color,
  827  shall have the word “Fleet” appearing at the bottom and the word
  828  “Florida” appearing at the top unless the license plate is a
  829  specialty license plate as authorized in s. 320.08056. The
  830  plates shall conform in all respects to the provisions of this
  831  chapter, except as specified herein. For additional fees as set
  832  forth in s. 320.08056, fleet companies may purchase specialty
  833  license plates in lieu of the standard fleet license plates.
  834  Fleet companies shall be responsible for all costs associated
  835  with the specialty license plate, including all annual use fees,
  836  processing fees, fees associated with switching license plate
  837  types, and any other applicable fees.
  838         Section 19. Subsection (12) of section 320.08, Florida
  839  Statutes, is amended to read:
  840         320.08 License taxes.—Except as otherwise provided herein,
  841  there are hereby levied and imposed annual license taxes for the
  842  operation of motor vehicles, mopeds, motorized bicycles as
  843  defined in s. 316.003(3), tri-vehicles as defined in s. 316.003,
  844  and mobile homes as defined in s. 320.01, which shall be paid to
  845  and collected by the department or its agent upon the
  846  registration or renewal of registration of the following:
  847         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
  848  motor vehicle dealer, independent motor vehicle dealer, marine
  849  boat trailer dealer, or mobile home dealer and manufacturer
  850  license plate: $17 flat, of which $4.50 shall be deposited into
  851  the General Revenue Fund. For additional fees as set forth in s.
  852  320.08056, dealers may purchase specialty license plates in lieu
  853  of the standard graphic dealer license plates. Dealers shall be
  854  responsible for all costs associated with the specialty license
  855  plate, including all annual use fees, processing fees, fees
  856  associated with switching license plate types, and any other
  857  applicable fees.
  858         Section 20. Subsection (2) of section 320.08056, Florida
  859  Statutes, is amended to read:
  860         320.08056 Specialty license plates.—
  861         (2)(a) The department shall issue a specialty license plate
  862  to the owner or lessee of any motor vehicle, except a vehicle
  863  registered under the International Registration Plan, a
  864  commercial truck required to display two license plates pursuant
  865  to s. 320.0706, or a truck tractor, upon request and payment of
  866  the appropriate license tax and fees.
  867         (b)The department may authorize dealer and fleet specialty
  868  license plates. With the permission of the sponsoring specialty
  869  license plate organization, a dealer or fleet company may
  870  purchase specialty license plates to be used on dealer and fleet
  871  vehicles.
  872         (c)Notwithstanding s. 320.08058, a dealer or fleet
  873  specialty license plate must include the letters “DLR” or “FLT”
  874  on the right side of the license plate. Dealer and fleet
  875  specialty license plates must be ordered directly through the
  876  department.
  877         Section 21. Subsection (10) is added to section 320.131,
  878  Florida Statutes, to read:
  879         320.131 Temporary tags.—
  880         (10) Beginning October 1, 2018, the department may partner
  881  with a county tax collector to conduct a Fleet Vehicle Temporary
  882  Tag pilot program to provide temporary tags to fleet companies
  883  to allow them to operate fleet vehicles awaiting a permanent
  884  registration and title.
  885         (a) The department shall establish a memorandum of
  886  understanding that allows a maximum of three companies to
  887  participate in the pilot program and receive multiple temporary
  888  tags for company fleet vehicles.
  889         (b) To participate in the program, a fleet company must
  890  have a minimum of 3,500 fleet vehicles registered in this state
  891  which qualify to be registered as fleet vehicles pursuant to s.
  892  320.0657.
  893         (c) The department may issue up to 50 temporary tags at a
  894  time to an eligible fleet company, if requested by such company.
  895         (d) The temporary tags are for exclusive use on a vehicle
  896  purchased for the company’s fleet, and may not be used on any
  897  other vehicle.
  898         (e) Each temporary plate may be used on only one vehicle
  899  and each vehicle may only use one temporary plate.
  900         (f) Upon issuance of the vehicle’s permanent license plate
  901  and registration, the temporary tag becomes invalid and must be
  902  removed from the vehicle and destroyed.
  903         (g) Upon a finding by the department that a temporary tag
  904  has been misused by a fleet company under this program, the
  905  department may terminate the memorandum of understanding with
  906  the company, invalidate all temporary tags issued to the company
  907  under the program, and require such company to return any unused
  908  temporary tags.
  909         (h) This subsection is repealed on October 1, 2021, unless
  910  saved from repeal through reenactment by the Legislature.
  911         Section 22. Subsections (18) through (46) of section
  912  322.01, Florida Statutes, are renumbered as subsections (25)
  913  through (53), respectively, and new subsections (18) through
  914  (24) are added to that section, to read:
  915         322.01 Definitions.—As used in this chapter:
  916         (18)“Electronic” means relating to technology having
  917  electrical, digital, magnetic, wireless, optical,
  918  electromagnetic, or similar capabilities.
  919         (19)“Electronic credential” means an electronic
  920  representation of a physical driver license or identification
  921  card which is viewable on an electronic credential system
  922  capable of being verified and authenticated.
  923         (20)“Electronic credential holder” means a person to whom
  924  an electronic credential has been issued.
  925         (21)“Electronic credential provider” means an entity
  926  contracted with the department to provide the electronic
  927  credential to the electronic credential holder.
  928         (22)“Electronic credential system” means a computer system
  929  used to display or transmit electronic credentials to a person
  930  or verification system which can be accessed using an electronic
  931  device.
  932         (23)“Electronic device” means a device or a portion of a
  933  device that is designed for and capable of communicating across
  934  a computer network with other computers or devices for the
  935  purpose of transmitting, receiving, or storing data, including,
  936  but not limited to, a cellular telephone, tablet, or other
  937  portable device designed for and capable of communicating with
  938  or across a computer network, and is used to render an
  939  electronic credential.
  940         (24)“Electronic record” means a record created, generated,
  941  sent, communicated, received, or stored by electronic means.
  942         Section 23. Section 322.032, Florida Statutes, is amended
  943  to read:
  944         322.032 Electronic credential Digital proof of driver
  945  license.—
  946         (1)(a) The department shall develop and implement begin to
  947  review and prepare for the development of a secure and uniform
  948  protocols that comply with national standards system for issuing
  949  an optional electronic credential. The department shall procure
  950  the related technology solution that uses a revenue-sharing
  951  model through a competitive solicitation process pursuant to s.
  952  287.057 digital proof of driver license. The department may
  953  issue electronic credentials to persons who hold a Florida
  954  driver license or identification card. The electronic credential
  955  and verification solution must have the necessary technological
  956  capabilities to execute the authentication of an electronic
  957  credential across all states, jurisdictions, federal and state
  958  agencies, and municipalities. The electronic credential and
  959  verification solution must provide the system integration
  960  necessary:
  961         1.For qualified and authorized entities to securely
  962  consume an electronic credential.
  963         2.For the production of a fully compliant electronic
  964  credential by qualified and authorized electronic credential
  965  providers.
  966         3.To successfully ensure secure authentication and
  967  validation of data from disparate sources.
  968         (b)The department shall procure contract with one or more
  969  electronic credential providers through the competitive
  970  solicitation process private entities to develop and implement a
  971  secure electronic credential a digital proof of driver license
  972  system.
  973         (c)The department shall maintain the protocols and
  974  national standards necessary for an electronic credential
  975  provider to request authorized access to an application
  976  programming interface, or an appropriate technological tool of
  977  at least the same capabilities, necessary for such private
  978  entity to consume an electronic credential. The department shall
  979  timely review requests for authorized access and must approve
  980  all requests by electronic credential providers which meet the
  981  department’s requirements. The department may assess a fee for
  982  use of the electronic credential and verification solution.
  983         (d) The department shall provide access to a standardized
  984  digital transaction process for use by the approved electronic
  985  credential providers of compliant electronic credentials to
  986  enable the financial transaction to be completed in such a
  987  manner that the proceeds are accepted by the department at the
  988  point of sale. The standardized digital transaction process must
  989  enable the providers of an electronic credential to direct
  990  through their electronic commerce workflow to a standardized
  991  checkout process and be able to document the providers involved.
  992  Any revenue generated from the electronic credential system must
  993  be collected by the department and distributed pursuant to a
  994  legislative appropriation and department agreements with the
  995  electronic credential providers of the electronic credential.
  996  Any revenues shared between the state and electronic credential
  997  providers are based solely on revenues derived from the purchase
  998  of the optional, electronic credential and no other transaction.
  999  The department shall enter into an agreement with the electronic
 1000  credential providers which describes the permitted uses, terms
 1001  and conditions, privacy policy, and uniform remittance terms
 1002  relating to the consumption of an electronic credential.
 1003         (2)(a) The electronic credential digital proof of driver
 1004  license developed by the department or by an electronic
 1005  credential provider an entity contracted by the department must
 1006  be in such a format as to allow law enforcement or an authorized
 1007  consumer to verify the authenticity of the electronic credential
 1008  and the identity of the credential holder and to validate the
 1009  status of any driving privileges associated with the electronic
 1010  credential digital proof of driver license. The department shall
 1011  adhere to protocols and national standards may adopt rules to
 1012  ensure valid authentication of electronic credentials digital
 1013  driver licenses by law enforcement.
 1014         (b)The act of presenting to a law enforcement officer an
 1015  electronic device displaying an electronic credential does not
 1016  constitute consent for the officer to access any information on
 1017  the device other than the electronic credential.
 1018         (c)The person who presents the device to the officer
 1019  assumes liability for any resulting damage to the device.
 1020         (3) A person may not be issued an electronic credential a
 1021  digital proof of driver license until he or she has satisfied
 1022  all of the requirements of this chapter for issuance of a
 1023  physical driver license or identification card as provided in
 1024  this chapter.
 1025         (4) A person who:
 1026         (a) Manufactures a false electronic credential digital
 1027  proof of driver license commits a felony of the third degree,
 1028  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1029         (b) Possesses a false electronic credential digital proof
 1030  of driver license commits a misdemeanor of the second degree,
 1031  punishable as provided in s. 775.082.
 1032         Section 24. Section 322.059, Florida Statutes, is amended
 1033  to read:
 1034         322.059 Mandatory surrender of suspended driver license and
 1035  registration.—A person whose driver license or registration has
 1036  been suspended as provided in s. 322.058 must immediately return
 1037  his or her driver license and registration to the Department of
 1038  Highway Safety and Motor Vehicles. The department shall
 1039  invalidate the electronic credential digital proof of driver
 1040  license issued pursuant to s. 322.032 for such person. If such
 1041  person fails to return his or her driver license or
 1042  registration, a law enforcement agent may seize the license or
 1043  registration while the driver license or registration is
 1044  suspended.
 1045         Section 25. Paragraph (c) of subsection (1) of section
 1046  322.143, Florida Statutes, is amended to read:
 1047         322.143 Use of a driver license or identification card.—
 1048         (1) As used in this section, the term:
 1049         (c) “Swipe” means the act of passing a driver license or
 1050  identification card through a device that is capable of
 1051  deciphering, in an electronically readable format, the
 1052  information electronically encoded in a magnetic strip or bar
 1053  code on the driver license or identification card or consuming
 1054  an electronic credential.
 1055         Section 26. Subsection (1) of section 322.15, Florida
 1056  Statutes, is amended to read:
 1057         322.15 License to be carried and exhibited on demand;
 1058  fingerprint to be imprinted upon a citation.—
 1059         (1) Every licensee shall have his or her driver license,
 1060  which must be fully legible with no portion of such license
 1061  faded, altered, mutilated, or defaced, in his or her immediate
 1062  possession at all times when operating a motor vehicle and shall
 1063  present or submit the same upon the demand of a law enforcement
 1064  officer or an authorized representative of the department. A
 1065  licensee may present or submit an electronic credential a
 1066  digital proof of driver license as provided in s. 322.032 in
 1067  lieu of a physical driver license.
 1068         Section 27. Section 322.38, Florida Statutes, is amended to
 1069  read:
 1070         322.38 Renting motor vehicle to another.—
 1071         (1) A No person may not shall rent a motor vehicle to any
 1072  other person unless the other latter person is then duly
 1073  licensed, or, if a nonresident, he or she shall be licensed
 1074  under the laws of the state or country of his or her residence,
 1075  except a nonresident whose home state or country does not
 1076  require that an operator be licensed.
 1077         (2) A No person may not shall rent a motor vehicle to
 1078  another until he or she has inspected the driver license of the
 1079  person to whom the vehicle is to be rented, and has compared and
 1080  verified that the driver license is unexpired signature thereon
 1081  with the signature of such person written in his or her
 1082  presence.
 1083         (3) Every person renting a motor vehicle to another shall
 1084  keep a record of the registration number of the motor vehicle so
 1085  rented, the name, and address, and license number of the person
 1086  to whom the vehicle is rented, the number of the license of said
 1087  latter person, and the date and place when and where the said
 1088  license was issued. Such record shall be open to inspection by
 1089  any police officer, or officer or employee of the department.
 1090         (4)If a rental car company rents a motor vehicle to a
 1091  person through digital, electronic, or other means that allows
 1092  the renter to obtain possession of the motor vehicle without
 1093  direct contact with an agent or employee of the rental car
 1094  company, or if through use of such means the renter does not
 1095  execute a rental contract at the time he or she takes possession
 1096  of the vehicle, the rental car company is deemed to have met the
 1097  requirements of subsections (1) and (2) when the rental car
 1098  company requires the renter to verify that he or she is duly
 1099  licensed and that the license is unexpired. Such verification
 1100  may occur at the time the renter enrolls in a membership
 1101  program, master agreement, or other means of establishing use of
 1102  the rental car company’s services or at any time thereafter.
 1103         Section 28. Subsection (4) of section 322.61, Florida
 1104  Statutes, is amended to read:
 1105         322.61 Disqualification from operating a commercial motor
 1106  vehicle.—
 1107         (4) Any person who is transporting hazardous materials as
 1108  defined in s. 322.01(31) s. 322.01(24) shall, upon conviction of
 1109  an offense specified in subsection (3), be disqualified from
 1110  operating a commercial motor vehicle for a period of 3 years.
 1111  The penalty provided in this subsection shall be in addition to
 1112  any other applicable penalty.
 1113         Section 29. Subsection (1) of section 324.021, Florida
 1114  Statutes, is amended to read:
 1115         324.021 Definitions; minimum insurance required.—The
 1116  following words and phrases when used in this chapter shall, for
 1117  the purpose of this chapter, have the meanings respectively
 1118  ascribed to them in this section, except in those instances
 1119  where the context clearly indicates a different meaning:
 1120         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
 1121  designed and required to be licensed for use upon a highway,
 1122  including trailers and semitrailers designed for use with such
 1123  vehicles, except traction engines, road rollers, farm tractors,
 1124  power shovels, and well drillers, and every vehicle that is
 1125  propelled by electric power obtained from overhead wires but not
 1126  operated upon rails, but not including any personal delivery
 1127  device or mobile carrier as defined in s. 316.003, bicycle, or
 1128  moped. However, the term “motor vehicle” does not include a
 1129  motor vehicle as defined in s. 627.732(3) when the owner of such
 1130  vehicle has complied with the requirements of ss. 627.730
 1131  627.7405, inclusive, unless the provisions of s. 324.051 apply;
 1132  and, in such case, the applicable proof of insurance provisions
 1133  of s. 320.02 apply.
 1134         Section 30. Subsection (1) of section 655.960, Florida
 1135  Statutes, is amended to read:
 1136         655.960 Definitions; ss. 655.960-655.965.—As used in this
 1137  section and ss. 655.961-655.965, unless the context otherwise
 1138  requires:
 1139         (1) “Access area” means any paved walkway or sidewalk which
 1140  is within 50 feet of any automated teller machine. The term does
 1141  not include any street or highway open to the use of the public,
 1142  as defined in s. 316.003(80)(a) or (b) s. 316.003(79)(a) or (b),
 1143  including any adjacent sidewalk, as defined in s. 316.003.
 1144         Section 31. Paragraph (a) of subsection (2) of section
 1145  812.014, Florida Statutes, is amended to read:
 1146         812.014 Theft.—
 1147         (2)(a)1. If the property stolen is valued at $100,000 or
 1148  more or is a semitrailer that was deployed by a law enforcement
 1149  officer; or
 1150         2. If the property stolen is cargo valued at $50,000 or
 1151  more that has entered the stream of interstate or intrastate
 1152  commerce from the shipper’s loading platform to the consignee’s
 1153  receiving dock; or
 1154         3. If the offender commits any grand theft and:
 1155         a. In the course of committing the offense the offender
 1156  uses a motor vehicle as an instrumentality, other than merely as
 1157  a getaway vehicle, to assist in committing the offense and
 1158  thereby damages the real property of another; or
 1159         b. In the course of committing the offense the offender
 1160  causes damage to the real or personal property of another in
 1161  excess of $1,000; or
 1162         4. If the property stolen is cargo and in the course of
 1163  committing the offense the offender uses any type of device to
 1164  defeat, block, disable, jam, or interfere with a global
 1165  positioning system or similar system designed to identify the
 1166  location of the cargo or the vehicle or trailer carrying the
 1167  cargo,
 1168  
 1169  the offender commits grand theft in the first degree, punishable
 1170  as a felony of the first degree, as provided in s. 775.082, s.
 1171  775.083, or s. 775.084.
 1172         Section 32. Except as otherwise expressly provided in this
 1173  act, this act shall take effect October 1, 2018.