Florida Senate - 2018                      CS for CS for SB 1104
       
       
        
       By the Committees on Appropriations; and Transportation; and
       Senator Brandes
       
       
       
       
       576-04129B-18                                         20181104c2
    1                        A bill to be entitled                      
    2         An act relating to transportation; amending s. 20.23,
    3         F.S.; requiring the Department of Transportation to
    4         consist of a central office that establishes policies
    5         and procedures and districts that carry out projects
    6         as authorized or required under the policies and
    7         procedures of the central office; deleting the
    8         requirement that the Secretary of Transportation be
    9         appointed from among three persons nominated by the
   10         Florida Transportation Commission; amending s.
   11         316.003, F.S.; adding, deleting, and revising
   12         definitions; amending s. 316.008, F.S.; authorizing a
   13         mobile carrier to be operated on sidewalks and
   14         crosswalks within a county or municipality when such
   15         use is permissible under federal law; providing
   16         construction; amending s. 316.0895, F.S.; providing
   17         construction; deleting a provision relating to
   18         prohibitions on certain vehicles following other
   19         vehicles within 300 feet; repealing s. 316.0896, F.S.,
   20         relating to the assistive truck platooning technology
   21         pilot project; creating s. 316.0897, F.S.; authorizing
   22         a platoon to be operated on a roadway in this state
   23         after an operator takes specified actions; requiring
   24         the Department of Transportation to adopt rules for
   25         the issuance of permits for the operation of platoons,
   26         subject to certain requirements; providing for the
   27         future repeal of this section; amending s. 316.2071,
   28         F.S.; authorizing a mobile carrier to operate on
   29         sidewalks and crosswalks; providing that a mobile
   30         carrier operating on a sidewalk or crosswalk has all
   31         the rights and duties applicable to a pedestrian under
   32         the same circumstances, except that the mobile carrier
   33         must not unreasonably interfere with pedestrians or
   34         traffic and must yield the right-of-way to pedestrians
   35         on the sidewalk or crosswalk; specifying requirements
   36         for a mobile carrier; prohibiting a mobile carrier
   37         from taking specified actions; amending s. 316.302,
   38         F.S.; revising regulations to which owners and drivers
   39         of commercial motor vehicles are subject; delaying the
   40         requirement for electronic logging devices and support
   41         documents for certain intrastate motor carriers;
   42         deleting a limitation on a civil penalty for
   43         falsification of certain time records; deleting a
   44         requirement that a motor carrier maintain certain
   45         documentation of driving times; providing an exemption
   46         from specified provisions for a person who operates a
   47         commercial motor vehicle having a certain gross
   48         vehicle weight, gross vehicle weight rating, and gross
   49         combined weight rating; deleting the exemption from
   50         such provisions for a person transporting petroleum
   51         products; amending s. 316.303, F.S.; conforming a
   52         provision to changes made by the act; amending s.
   53         316.85, F.S.; authorizing the Florida Turnpike
   54         Enterprise to fund, construct, and operate test
   55         facilities for the advancement of autonomous and
   56         connected innovative transportation technology
   57         solutions for specified purposes; amending s. 319.141,
   58         F.S.; redefining the term “rebuilt inspection
   59         services”; deleting obsolete language; requiring the
   60         Department of Highway Safety and Motor Vehicles to
   61         ensure that an applicant of the pilot rebuilt motor
   62         vehicle inspection program meets basic criteria
   63         designed to protect the public before the applicant is
   64         renewed; revising requirements for the applicant;
   65         requiring the operator of a facility to annually make
   66         certain attestations; prohibiting a program
   67         participant from conducting an inspection of a vehicle
   68         rebuilt before its purchase by the current applicant;
   69         requiring that such vehicles be inspected by the
   70         department; requiring any applicant that fails an
   71         initial rebuilt inspection to have that vehicle
   72         reinspected only by the department or the facility
   73         that conducted the original inspection; prohibiting
   74         any person or business authorized by the department to
   75         train, certify, or recertify operators and inspectors
   76         of private rebuilt motor vehicle inspection facilities
   77         from certifying or recertifying themselves or any of
   78         their employees; requiring the department to conduct
   79         an onsite facility inspection at least twice a year;
   80         requiring a current operator to give the department
   81         certain notice of a transfer before any transfer of a
   82         rebuilt inspection facility; requiring a transferee to
   83         meet certain eligibility requirements and execute a
   84         new memorandum of understanding with the department
   85         before operating the facility; extending the date for
   86         future repeal of this section; requiring the
   87         department to submit a certain written report to the
   88         Legislature on or before a specified date; amending s.
   89         319.32, F.S.; prohibiting the department and the tax
   90         collector from charging any fee or service charge,
   91         except for the expedited title fee, if applicable, for
   92         a certificate of title issued for a motor vehicle to
   93         transfer the title from a deceased owner to a
   94         surviving parent or any surviving child, if the parent
   95         or child is a resident of this state, the vehicle is
   96         titled in this state before the transfer, and the
   97         parent or child applies for the title transfer within
   98         a specified period after the death of the owner;
   99         amending s. 320.01, F.S.; revising definitions;
  100         amending s. 320.02, F.S.; requiring the application
  101         form for motor vehicle registration and renewal of
  102         registration to include language permitting a
  103         voluntary contribution of a specified amount per
  104         applicant to aid in Alzheimer’s and other related
  105         dementia research; requiring such contributions to be
  106         distributed to the Alzheimer’s Association, Inc., for
  107         the purpose of supporting research conducted in this
  108         state; providing that a mobile carrier is not required
  109         to satisfy specified registration and insurance
  110         requirements; amending s. 320.03, F.S.; preempting to
  111         the state jurisdiction over the electronic filing
  112         system for use by authorized electronic filing system
  113         agents to process title transactions, derelict motor
  114         vehicle certificates, and certain certificates of
  115         destruction for derelict and salvage motor vehicles;
  116         authorizing an entity that, in the normal course of
  117         its business, processes title transactions, derelict
  118         motor vehicle certificates, or certain certificates of
  119         destruction for derelict or salvage motor vehicles and
  120         meets all established requirements, to be an
  121         authorized electronic filing system agent; prohibiting
  122         such an entity from being precluded from participating
  123         in the electronic filing system in any county;
  124         deleting provisions requiring the department to adopt
  125         certain rules to replace specified program standards;
  126         authorizing the department to adopt certain rules;
  127         amending s. 320.06, F.S.; requiring a vehicle that has
  128         an apportioned registration to be issued, before a
  129         specified date, an annual license plate and a cab card
  130         denoting the declared gross vehicle weight; providing
  131         requirements, beginning on a specified date, for
  132         license plates, cab cards, and validation stickers for
  133         vehicles registered in accordance with the
  134         International Registration Plan; providing a specified
  135         fee for initial and renewed validation stickers;
  136         requiring the fee to be deposited into the Highway
  137         Safety Operating Trust Fund; authorizing a damaged or
  138         worn license plate to be replaced at no charge under
  139         certain circumstances; providing an exception to the
  140         design of dealer license plates for specialty license
  141         plates; amending s. 320.0605, F.S.; requiring that the
  142         department-authorized paper or electronic registration
  143         certificate or an official copy and a true copy or an
  144         electronic copy of rental or lease documentation
  145         issued for a motor vehicle or issued for a replacement
  146         vehicle in the same registration period be in the
  147         possession of the operator thereof or be carried in
  148         the vehicle for which issued and be exhibited upon
  149         demand of any authorized law enforcement officer or
  150         any agent of the department; specifying that the act
  151         of presenting to a law enforcement officer or agent of
  152         the department an electronic device displaying an
  153         electronic copy of rental or lease documentation does
  154         not constitute consent for the officer or agent to
  155         access any information on the device other than the
  156         displayed rental or lease documentation; requiring the
  157         person who presents the device to the officer or agent
  158         to assume the liability for any resulting damage to
  159         the device; providing that rental or lease
  160         documentation that includes the date and time of
  161         rental is sufficient to satisfy a specified
  162         requirement; amending s. 320.0607, F.S.; providing an
  163         exemption, beginning on a specified date, from a
  164         certain fee for vehicles registered under the
  165         International Registration Plan; amending s. 320.0657,
  166         F.S.; providing an exception to the design of fleet
  167         license plates for specialty license plates;
  168         authorizing fleet companies to purchase specialty
  169         license plates in lieu of the standard fleet license
  170         plates for additional specified fees; requiring fleet
  171         companies to be responsible for all costs associated
  172         with the specialty license plate; amending s. 320.08,
  173         F.S.; authorizing dealers to purchase specialty
  174         license plates in lieu of the standard graphic dealer
  175         license plates for additional specified fees;
  176         requiring dealers to be responsible for all costs
  177         associated with the specialty license plate; amending
  178         s. 320.08056, F.S.; allowing the department to
  179         authorize dealer and fleet specialty license plates;
  180         authorizing a dealer or fleet company to purchase
  181         specialty license plates to be used on dealer and
  182         fleet vehicles with the permission of the sponsoring
  183         specialty license plate organization; requiring a
  184         dealer or fleet specialty license plate to include
  185         specified letters on the right side of the license
  186         plate; requiring dealer and fleet specialty license
  187         plates to be ordered directly through the department;
  188         amending s. 320.131, F.S.; authorizing, beginning on a
  189         specified date, the department to partner with a
  190         county tax collector to conduct a Fleet Vehicle
  191         Temporary Tag pilot program, subject to certain
  192         requirements; providing for future repeal; amending s.
  193         320.95, F.S.; authorizing the department to authorize
  194         the format of an electronic certificate of
  195         registration in addition to printing a paper
  196         registration certificate; authorizing the operator to
  197         present for inspection an electronic device displaying
  198         a department-issued electronic certificate or
  199         registration issued under certain circumstances;
  200         providing that such presentation does not constitute
  201         consent for inspection of any information on the
  202         device other than the displayed certificate of
  203         registration; providing that the person who presents
  204         the device to the officer assumes the liability for
  205         any resulting damage to the device; amending s.
  206         322.01, F.S.; providing definitions; amending s.
  207         322.032, F.S.; directing the department to implement
  208         protocols for issuing an optional electronic
  209         credential and procure a related technology solution;
  210         providing requirements for qualified entities;
  211         requiring the department to maintain certain protocols
  212         and national standards; requiring the department to
  213         timely review and approve all electronic credential
  214         provider requests for authorized access to certain
  215         interfaces that meet the agency’s requirements;
  216         providing requirements for an electronic credential
  217         provider and the electronic credential and
  218         verification solution; requiring the department to
  219         procure electronic credential providers and a
  220         credential service provider; requiring the department
  221         to enter into specified agreements with electronic
  222         credential providers; requiring a report to the
  223         Legislature and the Governor; requiring that the
  224         department provide electronic credential providers
  225         access to a standardized digital transaction process
  226         that has specified capabilities; requiring that
  227         certain revenue be deposited into the Motor Vehicle
  228         License Clearing Trust Fund for distribution;
  229         authorizing the department to assess a competitive
  230         market rate fee structure; prohibiting certain fees;
  231         requiring that an electronic credential be in a format
  232         that allows certain entities to verify the
  233         authenticity of such electronic credential and to
  234         validate certain privileges; providing that presenting
  235         an electronic device displaying an electronic
  236         credential does not constitute consent for a law
  237         enforcement officer to access any other information on
  238         such device; providing for the assumption of
  239         liability; amending s. 322.059, F.S.; conforming a
  240         provision to changes made by the act; amending s.
  241         322.09, F.S.; providing that a caregiver of a minor
  242         who is under a specified age and is in foster care
  243         does not assume any obligation or become liable for
  244         any damages caused by the negligence or willful
  245         misconduct of the minor by reason of having signed the
  246         minor’s application for a learner’s driver license;
  247         requiring a caseworker to notify the caregiver of his
  248         or her intent to sign and verify such application
  249         before signing the application; amending s. 322.143,
  250         F.S.; revising a definition; amending s. 322.15, F.S.;
  251         conforming a provision to changes made by the act;
  252         amending s. 322.38, F.S.; prohibiting a person from
  253         renting a motor vehicle to another until he or she has
  254         verified that the driver license of the person to whom
  255         the vehicle is rented is unexpired; deleting the
  256         requirement that a person renting a motor vehicle to
  257         another keep a record of the date when the license of
  258         the person to whom the vehicle is rented was issued;
  259         specifying that a rental car company is deemed to have
  260         met specified requirements when the rental car company
  261         requires the renter to verify that he or she is duly
  262         licensed and that the license is unexpired if the
  263         rental car company rents a motor vehicle to a person
  264         through certain digital, electronic, or other means;
  265         specifying when such verification may occur; amending
  266         s. 322.61, F.S.; conforming a cross-reference;
  267         amending s. 324.021, F.S.; revising the definition of
  268         the term “motor vehicle”; amending s. 324.031, F.S.;
  269         authorizing the owner or operator of a taxicab,
  270         limousine, jitney, or any other for-hire passenger
  271         transportation vehicle to prove financial
  272         responsibility by providing satisfactory evidence of
  273         holding a motor vehicle liability policy that is
  274         provided by an insurer that is authorized to do
  275         business in this state and a member of the Florida
  276         Insurance Guaranty Association or an eligible
  277         nonadmitted insurer that has a certain financial
  278         strength rating by a rating agency acceptable to the
  279         Office of Insurance Regulation of the Financial
  280         Services Commission; amending s. 324.032, F.S.;
  281         decreasing the minimum amount of taxicabs, limousines,
  282         jitneys, or any other for-hire passenger
  283         transportation vehicles that an owner or a lessee
  284         operates in order to be able to provide financial
  285         responsibility by complying with specified provisions,
  286         subject to certain requirements; amending s. 338.166,
  287         F.S.; revising provisions relating to express lane
  288         toll amounts charged according to average travel
  289         speed; providing that an express lane segment is the
  290         distance between the customer’s point of entry to the
  291         first available exit; providing that additional
  292         segments are defined by the distance between
  293         subsequent exits; amending s. 338.2216, F.S.; revising
  294         provisions relating to express lane toll amounts
  295         charged according to level of service; providing that
  296         an express lane segment is the distance between the
  297         customer’s point of entry to the first available exit;
  298         providing that additional segments are defined by the
  299         distance between subsequent exits; deleting a
  300         provision requiring a customer to be charged the
  301         general toll lane toll amount plus an amount set by
  302         department rule under certain circumstances; creating
  303         s. 334.352, F.S.; prohibiting a local governmental
  304         entity from preventing motor vehicle access to a
  305         transportation facility or transportation corridor
  306         under certain circumstances; amending s. 655.960,
  307         F.S.; conforming a cross-reference; amending s.
  308         812.014, F.S.; providing a criminal penalty for an
  309         offender committing grand theft who uses a device to
  310         interfere with a global positioning or similar system;
  311         providing effective dates.
  312          
  313  Be It Enacted by the Legislature of the State of Florida:
  314  
  315         Section 1. Subsection (1) of section 20.23, Florida
  316  Statutes, is amended to read:
  317         20.23 Department of Transportation.—There is created a
  318  Department of Transportation which shall be a decentralized
  319  agency.
  320         (1)(a) The Department of Transportation shall consist of:
  321         1. A central office, which establishes policies and
  322  procedures; and
  323         2. Districts, which carry out projects as authorized or
  324  required under the policies and procedures of the central office
  325  established pursuant to paragraph (3)(a).
  326         (b)(a) The head of the Department of Transportation is the
  327  Secretary of Transportation. The secretary shall be appointed by
  328  the Governor, from among three persons nominated by the Florida
  329  Transportation Commission and shall be subject to confirmation
  330  by the Senate. The secretary shall serve at the pleasure of the
  331  Governor.
  332         (c)(b) The secretary shall be a proven, effective
  333  administrator who, by a combination of education and experience,
  334  clearly possesses shall clearly possess a broad knowledge of the
  335  administrative, financial, and technical aspects of the
  336  development, operation, and regulation of transportation systems
  337  and facilities or comparable systems and facilities.
  338         (d)(c) The secretary shall provide to the Florida
  339  Transportation Commission or its staff, such assistance,
  340  information, and documents as are requested by the commission or
  341  its staff to enable the commission to fulfill its duties and
  342  responsibilities.
  343         (e)(d) The secretary may appoint up to three assistant
  344  secretaries who shall be directly responsible to the secretary
  345  and who shall perform such duties as are assigned by the
  346  secretary. The secretary shall designate to an assistant
  347  secretary the duties related to enhancing economic prosperity,
  348  including, but not limited to, the responsibility of liaison
  349  with the head of economic development in the Executive Office of
  350  the Governor. Such assistant secretary shall be directly
  351  responsible for providing the Executive Office of the Governor
  352  with investment opportunities and transportation projects that
  353  expand the state’s role as a global hub for trade and investment
  354  and enhance the supply chain system in the state to process,
  355  assemble, and ship goods to markets throughout the eastern
  356  United States, Canada, the Caribbean, and Latin America. The
  357  secretary may delegate to any assistant secretary the authority
  358  to act in the absence of the secretary.
  359         (f)(e) Any secretary appointed after July 5, 1989, and the
  360  assistant secretaries shall be exempt from the provisions of
  361  part III of chapter 110 and shall receive compensation
  362  commensurate with their qualifications and competitive with
  363  compensation for comparable responsibility in the private
  364  sector.
  365         Section 2. Subsection (20) of section 316.003, Florida
  366  Statutes, is amended, present subsections (21) through (37) of
  367  that section are redesignated as subsections (20) through (36),
  368  respectively, new subsections (37) and (52) are added to that
  369  section, present subsections (52) through (99) of that section
  370  are redesignated as subsections (53) through (100),
  371  respectively, and subsections (40) and (51) and present
  372  subsections (57) and (97) of that section are amended, to read:
  373         316.003 Definitions.—The following words and phrases, when
  374  used in this chapter, shall have the meanings respectively
  375  ascribed to them in this section, except where the context
  376  otherwise requires:
  377         (20) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle
  378  automation and safety technology that integrates sensor array,
  379  wireless vehicle-to-vehicle communications, active safety
  380  systems, and specialized software to link safety systems and
  381  synchronize acceleration and braking between two vehicles while
  382  leaving each vehicle’s steering control and systems command in
  383  the control of the vehicle’s driver in compliance with the
  384  National Highway Traffic Safety Administration rules regarding
  385  vehicle-to-vehicle communications.
  386         (37) MOBILE CARRIER.—An electrically powered device that:
  387         (a) Is operated on sidewalks and crosswalks and is intended
  388  primarily for transporting property;
  389         (b) Weighs less than 80 pounds, excluding cargo;
  390         (c) Has a maximum speed of 12.5 mph; and
  391         (d) Is equipped with a technology to transport personal
  392  property with the active monitoring of a property owner, and
  393  primarily designed to remain within 25 feet of the property
  394  owner.
  395  
  396  A mobile carrier is not considered a vehicle or personal
  397  delivery device unless expressly defined by law as a vehicle or
  398  personal delivery device.
  399         (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
  400  self-propelled vehicle not operated upon rails or guideway, but
  401  not including any bicycle, motorized scooter, electric personal
  402  assistive mobility device, mobile carrier, personal delivery
  403  device, swamp buggy, or moped. For purposes of s. 316.1001,
  404  “motor vehicle” has the same meaning as provided in s.
  405  320.01(1)(a).
  406         (51) PERSONAL DELIVERY DEVICE.—An electrically powered
  407  device that:
  408         (a) Is operated on sidewalks and crosswalks and intended
  409  primarily for transporting property;
  410         (b) Weighs less than 100 80 pounds, excluding cargo;
  411         (c) Has a maximum speed of 10 miles per hour; and
  412         (d) Is equipped with technology to allow for operation of
  413  the device with or without the active control or monitoring of a
  414  natural person.
  415  
  416  A personal delivery device is not considered a vehicle unless
  417  expressly defined by law as a vehicle. A mobile carrier is not
  418  considered a personal delivery device.
  419         (52) PLATOON.—A group of individual truck-tractor semi
  420  trailer combinations which do not require placards traveling in
  421  a unified manner via wireless communications at electronically
  422  coordinated speeds and following distances.
  423         (58)(57) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
  424  provided in paragraph (80)(b) (79)(b), any privately owned way
  425  or place used for vehicular travel by the owner and those having
  426  express or implied permission from the owner, but not by other
  427  persons.
  428         (98)(97) VEHICLE.—Every device in, upon, or by which any
  429  person or property is or may be transported or drawn upon a
  430  highway, except personal delivery devices, mobile carriers, and
  431  devices used exclusively upon stationary rails or tracks.
  432         Section 3. Paragraph (b) of subsection (7) of section
  433  316.008, Florida Statutes, is amended to read:
  434         316.008 Powers of local authorities.—
  435         (7)
  436         (b)1. Except as provided in subparagraph 2., a personal
  437  delivery device and a mobile carrier may be operated on
  438  sidewalks and crosswalks within a county or municipality when
  439  such use is permissible under federal law. This paragraph does
  440  not restrict a county or municipality from otherwise adopting
  441  regulations for the safe operation of personal delivery devices
  442  and mobile carriers.
  443         2. A personal delivery device may not be operated on the
  444  Florida Shared-Use Nonmotorized Trail Network created under s.
  445  339.81 or components of the Florida Greenways and Trails System
  446  created under chapter 260.
  447         Section 4. Section 316.0895, Florida Statutes, is amended
  448  to read:
  449         316.0895 Following too closely.—
  450         (1) The driver of a motor vehicle shall not follow another
  451  vehicle more closely than is reasonable and prudent, having due
  452  regard for the speed of such vehicles and the traffic upon, and
  453  the condition of, the highway. This subsection may not be
  454  construed to prevent overtaking and passing.
  455         (2)It is unlawful for the driver of any motor truck, motor
  456  truck drawing another vehicle, or vehicle towing another vehicle
  457  or trailer, when traveling upon a roadway outside of a business
  458  or residence district, to follow within 300 feet of another
  459  motor truck, motor truck drawing another vehicle, or vehicle
  460  towing another vehicle or trailer. The provisions of this
  461  subsection shall not be construed to prevent overtaking and
  462  passing nor shall the same apply upon any lane specially
  463  designated for use by motor trucks or other slow-moving
  464  vehicles.
  465         (2)(3) Motor vehicles being driven upon any roadway outside
  466  of a business or residence district in a caravan or motorcade,
  467  whether or not towing other vehicles, shall be so operated as to
  468  allow sufficient space between each such vehicle or combination
  469  of vehicles as to enable any other vehicle to enter and occupy
  470  such space without danger. This provision shall not apply to
  471  funeral processions.
  472         (3)(4) A violation of this section is a noncriminal traffic
  473  infraction, punishable as a moving violation as provided in
  474  chapter 318.
  475         Section 5. Section 316.0896, Florida Statutes, is repealed.
  476         Section 6. Section 316.0897, Florida Statutes, is created
  477  to read:
  478         316.0897 Platoons.—
  479         (1) A platoon may be operated on a roadway in this state
  480  after an operator does all of the following:
  481         (a) Provides notification to the Department of Highway
  482  Safety and Motor Vehicles.
  483         (b) Obtains a permit for such operation from the Department
  484  of Transportation.
  485         (2) The Department of Transportation shall adopt rules for
  486  the issuance of permits for the operation of platoons. Such
  487  rules shall be adopted in consultation with all interested
  488  parties and must address all of the following:
  489         (a) The safety of the traveling public.
  490         (b) The preservation of infrastructure.
  491         (c) Platooning technology.
  492         (3) This section is repealed effective October 1, 2023,
  493  unless reviewed and saved from repeal by the Legislature.
  494         Section 7. Section 316.2071, Florida Statutes, is amended
  495  to read:
  496         316.2071 Personal delivery devices and mobile carriers.—
  497         (1) Notwithstanding any provision of law to the contrary, a
  498  personal delivery device or mobile carrier may operate on
  499  sidewalks and crosswalks, subject to s. 316.008(7)(b). A
  500  personal delivery device or mobile carrier operating on a
  501  sidewalk or crosswalk has all the rights and duties applicable
  502  to a pedestrian under the same circumstances, except that the
  503  personal delivery device or mobile carrier must not unreasonably
  504  interfere with pedestrians or traffic and must yield the right
  505  of-way to pedestrians on the sidewalk or crosswalk.
  506         (2) A personal delivery device and a mobile carrier must:
  507         (a) Obey all official traffic and pedestrian control
  508  signals and devices.
  509         (b) For personal delivery devices, include a plate or
  510  marker that has a unique identifying device number and
  511  identifies the name and contact information of the personal
  512  delivery device operator.
  513         (c) Be equipped with a braking system that, when active or
  514  engaged, enables the personal delivery device or mobile carrier
  515  to come to a controlled stop.
  516         (3) A personal delivery device and a mobile carrier may
  517  not:
  518         (a) Operate on a public highway except to the extent
  519  necessary to cross a crosswalk.
  520         (b) Operate on a sidewalk or crosswalk unless the personal
  521  delivery device operator is actively controlling or monitoring
  522  the navigation and operation of the personal delivery device or
  523  a property owner remains within 25 feet of the mobile carrier.
  524         (c) Transport hazardous materials as defined in s. 316.003.
  525         (4) A person who owns and operates a personal delivery
  526  device in this state must maintain an insurance policy, on
  527  behalf of himself or herself and his or her agents, which
  528  provides general liability coverage of at least $100,000 for
  529  damages arising from the combined operations of personal
  530  delivery devices under the entity’s or agent’s control.
  531         Section 8. Subsection (1) and paragraphs (a), (c), (d), and
  532  (f) of subsection (2) of section 316.302, Florida Statutes, are
  533  amended to read:
  534         316.302 Commercial motor vehicles; safety regulations;
  535  transporters and shippers of hazardous materials; enforcement.—
  536         (1) Except as otherwise provided in subsection (3):
  537         (a) All owners and drivers of commercial motor vehicles
  538  that are operated on the public highways of this state while
  539  engaged in interstate commerce are subject to the rules and
  540  regulations contained in 49 C.F.R. parts 382, 385, and 390-397.
  541         (b) Except as otherwise provided in this section, all
  542  owners or drivers of commercial motor vehicles that are engaged
  543  in intrastate commerce are subject to the rules and regulations
  544  contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with
  545  the exception of 49 C.F.R. s. 390.5 as it relates to the
  546  definition of bus, as such rules and regulations existed on
  547  December 31, 2017 2012.
  548         (c) The emergency exceptions provided by 49 C.F.R. s.
  549  392.82 also apply to communications by utility drivers and
  550  utility contractor drivers during a Level 1 activation of the
  551  State Emergency Operations Center, as provided in the Florida
  552  Comprehensive Emergency Management plan, or during a state of
  553  emergency declared by executive order or proclamation of the
  554  Governor.
  555         (d) Except as provided in s. 316.215(5), and except as
  556  provided in s. 316.228 for rear overhang lighting and flagging
  557  requirements for intrastate operations, the requirements of this
  558  section supersede all other safety requirements of this chapter
  559  for commercial motor vehicles.
  560         (e) For motor carriers engaged in intrastate commerce who
  561  are not carrying hazardous materials in amounts that require
  562  placards, the requirement for electronic logging devices and
  563  hours of service support documents shall take effect December
  564  31, 2018.
  565         (2)(a) A person who operates a commercial motor vehicle
  566  solely in intrastate commerce not transporting any hazardous
  567  material in amounts that require placarding pursuant to 49
  568  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
  569  and 395.3 395.3(a) and (b).
  570         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  571  operates a commercial motor vehicle solely in intrastate
  572  commerce not transporting any hazardous material in amounts that
  573  require placarding pursuant to 49 C.F.R. part 172 may not drive
  574  after having been on duty more than 70 hours in any period of 7
  575  consecutive days or more than 80 hours in any period of 8
  576  consecutive days if the motor carrier operates every day of the
  577  week. Thirty-four consecutive hours off duty shall constitute
  578  the end of any such period of 7 or 8 consecutive days. This
  579  weekly limit does not apply to a person who operates a
  580  commercial motor vehicle solely within this state while
  581  transporting, during harvest periods, any unprocessed
  582  agricultural products or unprocessed food or fiber that is
  583  subject to seasonal harvesting from place of harvest to the
  584  first place of processing or storage or from place of harvest
  585  directly to market or while transporting livestock, livestock
  586  feed, or farm supplies directly related to growing or harvesting
  587  agricultural products. Upon request of the Department of Highway
  588  Safety and Motor Vehicles, motor carriers shall furnish time
  589  records or other written verification to that department so that
  590  the Department of Highway Safety and Motor Vehicles can
  591  determine compliance with this subsection. These time records
  592  must be furnished to the Department of Highway Safety and Motor
  593  Vehicles within 2 days after receipt of that department’s
  594  request. Falsification of such information is subject to a civil
  595  penalty not to exceed $100. The provisions of This paragraph
  596  does do not apply to operators of farm labor vehicles operated
  597  during a state of emergency declared by the Governor or operated
  598  pursuant to s. 570.07(21), and does do not apply to drivers of
  599  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  600         (d) A person who operates a commercial motor vehicle solely
  601  in intrastate commerce not transporting any hazardous material
  602  in amounts that require placarding pursuant to 49 C.F.R. part
  603  172 within a 150 air-mile radius of the location where the
  604  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
  605  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
  606  395.1(e)(1)(iii) and (v) are met. If a driver is not released
  607  from duty within 12 hours after the driver arrives for duty, the
  608  motor carrier must maintain documentation of the driver’s
  609  driving times throughout the duty period.
  610         (f) A person who operates a commercial motor vehicle having
  611  a declared gross vehicle weight, gross vehicle weight rating,
  612  and gross combined weight rating of less than 26,001 pounds
  613  solely in intrastate commerce and who is not transporting
  614  hazardous materials in amounts that require placarding pursuant
  615  to 49 C.F.R. part 172, or who is transporting petroleum products
  616  as defined in s. 376.301, is exempt from subsection (1).
  617  However, such person must comply with 49 C.F.R. parts 382, 392,
  618  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  619         Section 9. Subsection (3) of section 316.303, Florida
  620  Statutes, is amended to read:
  621         316.303 Television receivers.—
  622         (3) This section does not prohibit the use of an electronic
  623  display used in conjunction with a vehicle navigation system; an
  624  electronic display used by an operator of a vehicle equipped
  625  with autonomous technology, as defined in s. 316.003; or an
  626  electronic display used by an operator of a platoon vehicle
  627  equipped and operating with driver-assistive truck platooning
  628  technology, as defined in s. 316.003.
  629         Section 10. Subsection (3) is added to section 316.85,
  630  Florida Statutes, to read:
  631         316.85 Autonomous vehicles; operation.—
  632         (3) The Florida Turnpike Enterprise may fund, construct,
  633  and operate test facilities for the advancement of autonomous
  634  and connected innovative transportation technology solutions for
  635  the purposes of improving safety and decreasing congestion for
  636  the traveling public and to otherwise advance the enterprise’s
  637  objectives as set forth under the Florida Transportation Code.
  638         Section 11. Section 319.141, Florida Statutes, is amended
  639  to read:
  640         319.141 Pilot rebuilt motor vehicle inspection program.—
  641         (1) As used in this section, the term:
  642         (a) “Facility” means a rebuilt motor vehicle inspection
  643  facility authorized and operating under this section.
  644         (b) “Rebuilt inspection services” means an examination of a
  645  rebuilt vehicle and a properly endorsed certificate of title,
  646  salvage certificate of title, or manufacturer’s statement of
  647  origin and an application for a rebuilt certificate of title, a
  648  rebuilder’s affidavit, a photograph of the junk or salvage
  649  vehicle taken before repairs began, a photograph of the interior
  650  driver and passenger sides of the vehicle if airbags were
  651  previously deployed and replaced, receipts or invoices for all
  652  major component parts, as defined in s. 319.30, and repairs
  653  which were changed, and proof that notice of rebuilding of the
  654  vehicle has been reported to the National Motor Vehicle Title
  655  Information System.
  656         (2) By July 1, 2015, The department shall oversee a pilot
  657  program in Miami-Dade County to evaluate alternatives for
  658  rebuilt inspection services offered by existing private sector
  659  operators, including the continued use of private facilities,
  660  the cost impact to consumers, and the potential savings to the
  661  department.
  662         (3) The department shall establish a memorandum of
  663  understanding that allows private parties participating in the
  664  pilot program to conduct rebuilt motor vehicle inspections and
  665  specifies requirements for oversight, bonding and insurance,
  666  procedures, and forms and requires the electronic transmission
  667  of documents.
  668         (4) Before an applicant is approved or renewed, the
  669  department shall ensure that the applicant meets basic criteria
  670  designed to protect the public. At a minimum, the applicant
  671  shall meet all of the following requirements:
  672         (a) Have and maintain a surety bond or irrevocable letter
  673  of credit in the amount of $100,000 executed by the applicant.
  674         (b) Secure and maintain a facility at a permanent fixed
  675  structure which has at an address identified by a county-issued
  676  tax folio number and recognized by the United States Postal
  677  Service where the only services provided on such property are
  678  rebuilt inspection services. The operator of a facility shall
  679  annually attest that:
  680         1. He or she is not employed by or does not have an
  681  ownership interest in or other financial arrangement with the
  682  owner, operator, manager, or employee of a motor vehicle repair
  683  shop as defined in s. 559.903, a motor vehicle dealer as defined
  684  in s. 320.27(1)(c), a towing company, a vehicle storage company,
  685  a vehicle auction, an insurance company, a salvage yard, a metal
  686  retailer, or a metal rebuilder, from which he or she receives
  687  remuneration, directly or indirectly, for the referral of
  688  customers for rebuilt inspection services;
  689         2. There have been no changes to the ownership structure of
  690  the approved facility; and
  691         3. The only services being provided by the operator of the
  692  facility at the property are rebuilt vehicle inspection services
  693  approved by the department.
  694         (c) Have and maintain garage liability and other insurance
  695  required by the department.
  696         (d) Have completed criminal background checks of the
  697  owners, partners, and corporate officers and the inspectors
  698  employed by the facility.
  699         (e) Have a designated office and customer waiting area that
  700  is separate from and not within view of the vehicle inspection
  701  area. The vehicle inspection area must be capable of
  702  accommodating all vehicle types and must be equipped with
  703  cameras allowing the department to view and monitor every
  704  inspection.
  705         (f)(e) Meet any additional criteria the department
  706  determines necessary to conduct proper inspections.
  707         (5) A participant in the program shall access vehicle and
  708  title information and enter inspection results through an
  709  electronic filing system authorized by the department and shall
  710  maintain records of each rebuilt vehicle inspection processed at
  711  such facility for at least 5 years.
  712         (6) A participant in the program may not conduct an
  713  inspection of a vehicle rebuilt before its purchase by the
  714  current applicant. Such vehicles must be inspected by the
  715  department.
  716         (7) Any applicant for a rebuilt title that fails an initial
  717  rebuilt inspection may have that vehicle reinspected only by the
  718  department or the facility that conducted the original
  719  inspection.
  720         (8) Any person or business authorized by the department to
  721  train, certify, or recertify operators and inspectors of private
  722  rebuilt motor vehicle inspection facilities may not certify or
  723  recertify themselves or any of their employees.
  724         (9)(6) The department shall conduct an onsite facility
  725  inspection at least twice a year and shall immediately terminate
  726  any operator from the program who fails to meet the minimum
  727  eligibility requirements specified in subsection (4). Before any
  728  a change in ownership or transfer of a rebuilt inspection
  729  facility, the current operator must give the department 45 days’
  730  written notice of the intended sale or transfer. The prospective
  731  owner or transferee must meet the eligibility requirements of
  732  this section and execute a new memorandum of understanding with
  733  the department before operating the facility.
  734         (10)(7) This section is repealed on July 1, 2020 2018,
  735  unless saved from repeal through reenactment by the Legislature.
  736  On or before January 1, 2019, the department shall submit a
  737  written report to President of the Senate and Speaker of the
  738  House of Representatives evaluating the current program and the
  739  benefits to the consumer and the department.
  740         Section 12. Subsection (7) of section 319.32, Florida
  741  Statutes, is amended to read:
  742         319.32 Fees; service charges; disposition.—
  743         (7) Notwithstanding any other provision of this section,
  744  the department and tax collector may not charge any fee or
  745  service charge, except for the expedited title fee, if
  746  applicable, for a certificate of title issued for a motor
  747  vehicle solely to:
  748         (a) Remove a deceased coowner from a title registered in
  749  the names of two persons if the other coowner is the surviving
  750  spouse; or
  751         (b) Transfer the title from a deceased owner to a surviving
  752  parent or any surviving child, if the parent or child is a
  753  resident of this state, the vehicle is titled in this state
  754  before the transfer, and the parent or child applies for the
  755  title transfer within 30 days after the death of the owner.
  756         Section 13. Paragraph (a) of subsection (1) and subsection
  757  (24) of section 320.01, Florida Statutes, are amended to read:
  758         320.01 Definitions, general.—As used in the Florida
  759  Statutes, except as otherwise provided, the term:
  760         (1) “Motor vehicle” means:
  761         (a) An automobile, motorcycle, truck, trailer, semitrailer,
  762  truck tractor and semitrailer combination, or any other vehicle
  763  operated on the roads of this state, used to transport persons
  764  or property, and propelled by power other than muscular power,
  765  but the term does not include traction engines, road rollers,
  766  personal delivery devices and mobile carriers as defined in s.
  767  316.003, special mobile equipment as defined in s. 316.003,
  768  vehicles that run only upon a track, bicycles, swamp buggies, or
  769  mopeds.
  770         (24) “Apportionable vehicle” means any vehicle, except
  771  recreational vehicles, vehicles displaying restricted plates,
  772  city pickup and delivery vehicles, buses used in transportation
  773  of chartered parties, and government-owned vehicles, which is
  774  used or intended for use in two or more member jurisdictions
  775  that allocate or proportionally register vehicles and which is
  776  used for the transportation of persons for hire or is designed,
  777  used, or maintained primarily for the transportation of property
  778  and:
  779         (a) Is a power unit having a gross vehicle weight in excess
  780  of 26,000 pounds;
  781         (b) Is a power unit having three or more axles, regardless
  782  of weight; or
  783         (c) Is used in combination, when the weight of such
  784  combination exceeds 26,000 pounds gross vehicle weight.
  785  
  786  Vehicles, or combinations thereof, having a gross vehicle weight
  787  of 26,000 pounds or less and two-axle vehicles may be
  788  proportionally registered.
  789         Section 14. Paragraph (v) is added to subsection (15) of
  790  section 320.02, Florida Statutes, and subsection (19) of that
  791  section is amended, to read:
  792         320.02 Registration required; application for registration;
  793  forms.—
  794         (15)
  795         (v) Notwithstanding s. 320.023, the application form for
  796  motor vehicle registration and renewal of registration must
  797  include language permitting a voluntary contribution of $1 per
  798  applicant to aid in Alzheimer’s and other related dementia
  799  research. Contributions made pursuant to this paragraph shall be
  800  distributed to the Alzheimer’s Association, Inc., for the
  801  purpose of supporting research conducted in this state.
  802  
  803  For the purpose of applying the service charge provided in s.
  804  215.20, contributions received under this subsection are not
  805  income of a revenue nature.
  806         (19) A personal delivery device and a mobile carrier as
  807  defined in s. 316.003 are is not required to satisfy the
  808  registration and insurance requirements of this section.
  809         Section 15. Effective January 1, 2019, subsection (10) of
  810  section 320.03, Florida Statutes, is amended to read:
  811         320.03 Registration; duties of tax collectors;
  812  International Registration Plan.—
  813         (10) Jurisdiction over the electronic filing system for use
  814  by authorized electronic filing system agents to electronically
  815  title or register motor vehicles, vessels, mobile homes, or off
  816  highway vehicles; process title transactions, derelict motor
  817  vehicle certificates, and certificates of destruction for
  818  derelict and salvage motor vehicles pursuant to s. 319.30(2),
  819  (3), (7), and (8); issue or transfer registration license plates
  820  or decals; electronically transfer fees due for the title and
  821  registration process; and perform inquiries for title,
  822  registration, and lienholder verification and certification of
  823  service providers is expressly preempted to the state, and the
  824  department shall have regulatory authority over the system. The
  825  electronic filing system shall be available for use statewide
  826  and applied uniformly throughout the state. An entity that, in
  827  the normal course of its business, sells products that must be
  828  titled or registered;, provides title and registration services
  829  on behalf of its consumers; or processes title transactions,
  830  derelict motor vehicle certificates, or certificates of
  831  destruction for derelict or salvage motor vehicles pursuant to
  832  s. 319.30(2), (3), (7), or (8); and meets all established
  833  requirements may be an authorized electronic filing system agent
  834  and shall not be precluded from participating in the electronic
  835  filing system in any county. Upon request from a qualified
  836  entity, the tax collector shall appoint the entity as an
  837  authorized electronic filing system agent for that county. The
  838  department shall adopt rules in accordance with chapter 120 to
  839  replace the December 10, 2009, program standards and to
  840  administer the provisions of this section, including, but not
  841  limited to, establishing participation requirements,
  842  certification of service providers, electronic filing system
  843  requirements, and enforcement authority for noncompliance. The
  844  December 10, 2009, program standards, excluding any standards
  845  which conflict with this subsection, shall remain in effect
  846  until the rules are adopted. An authorized electronic filing
  847  system agent may charge a fee to the customer for use of the
  848  electronic filing system. The department may adopt rules to
  849  administer this subsection, including, but not limited to, rules
  850  establishing participation requirements, certification of
  851  service providers, electronic filing system requirements,
  852  disclosures, and enforcement authority for noncompliance.
  853         Section 16. Paragraph (b) of subsection (1) and paragraph
  854  (a) of subsection (3) of section 320.06, Florida Statutes, are
  855  amended to read:
  856         320.06 Registration certificates, license plates, and
  857  validation stickers generally.—
  858         (1)
  859         (b)1. Registration license plates bearing a graphic symbol
  860  and the alphanumeric system of identification shall be issued
  861  for a 10-year period. At the end of the 10-year period, upon
  862  renewal, the plate shall be replaced. The department shall
  863  extend the scheduled license plate replacement date from a 6
  864  year period to a 10-year period. The fee for such replacement is
  865  $28, $2.80 of which shall be paid each year before the plate is
  866  replaced, to be credited toward the next $28 replacement fee.
  867  The fees shall be deposited into the Highway Safety Operating
  868  Trust Fund. A credit or refund may not be given for any prior
  869  years’ payments of the prorated replacement fee if the plate is
  870  replaced or surrendered before the end of the 10-year period,
  871  except that a credit may be given if a registrant is required by
  872  the department to replace a license plate under s.
  873  320.08056(8)(a). With each license plate, a validation sticker
  874  shall be issued showing the owner’s birth month, license plate
  875  number, and the year of expiration or the appropriate renewal
  876  period if the owner is not a natural person. The validation
  877  sticker shall be placed on the upper right corner of the license
  878  plate. The license plate and validation sticker shall be issued
  879  based on the applicant’s appropriate renewal period. The
  880  registration period is 12 months, the extended registration
  881  period is 24 months, and all expirations occur based on the
  882  applicant’s appropriate registration period.
  883         2. Before October 1, 2019, a vehicle that has an
  884  apportioned registration shall be issued an annual license plate
  885  and a cab card denoting that denote the declared gross vehicle
  886  weight for each apportioned jurisdiction in which the vehicle is
  887  authorized to operate.
  888         3. Beginning October 1, 2019, a vehicle registered in
  889  accordance with the International Registration Plan shall be
  890  issued a license plate for a 5-year period, an annual cab card
  891  denoting the declared gross vehicle weight, and an annual
  892  validation sticker showing the month and year of expiration. The
  893  validation sticker shall be placed in the center of the license
  894  plate. The license plate and validation sticker shall be issued
  895  based on the applicant’s appropriate renewal period. The fee for
  896  the initial validation sticker and any renewed validation
  897  sticker is $28. This fee shall be deposited into the Highway
  898  Safety Operating Trust Fund. A damaged or worn license plate may
  899  be replaced at no charge by applying to the department and
  900  surrendering the current license plate.
  901         4.2. In order to retain the efficient administration of the
  902  taxes and fees imposed by this chapter, the 80-cent fee increase
  903  in the replacement fee imposed by chapter 2009-71, Laws of
  904  Florida, is negated as provided in s. 320.0804.
  905         (3)(a) Registration license plates must be made of metal
  906  specially treated with a retroreflection material, as specified
  907  by the department. The registration license plate is designed to
  908  increase nighttime visibility and legibility and must be at
  909  least 6 inches wide and not less than 12 inches in length,
  910  unless a plate with reduced dimensions is deemed necessary by
  911  the department to accommodate motorcycles, mopeds, or similar
  912  smaller vehicles. Validation stickers must also be treated with
  913  a retroreflection material, must be of such size as specified by
  914  the department, and must adhere to the license plate. The
  915  registration license plate must be imprinted with a combination
  916  of bold letters and numerals or numerals, not to exceed seven
  917  digits, to identify the registration license plate number. The
  918  license plate must be imprinted with the word “Florida” at the
  919  top and the name of the county in which it is sold, the state
  920  motto, or the words “Sunshine State” at the bottom. Apportioned
  921  license plates must have the word “Apportioned” at the bottom
  922  and license plates issued for vehicles taxed under s.
  923  320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have
  924  the word “Restricted” at the bottom. License plates issued for
  925  vehicles taxed under s. 320.08(12) must be imprinted with the
  926  word “Florida” at the top and the word “Dealer” at the bottom
  927  unless the license plate is a specialty license plate as
  928  authorized in s. 320.08056. Manufacturer license plates issued
  929  for vehicles taxed under s. 320.08(12) must be imprinted with
  930  the word “Florida” at the top and the word “Manufacturer” at the
  931  bottom. License plates issued for vehicles taxed under s.
  932  320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at
  933  the bottom. Any county may, upon majority vote of the county
  934  commission, elect to have the county name removed from the
  935  license plates sold in that county. The state motto or the words
  936  “Sunshine State” shall be printed in lieu thereof. A license
  937  plate issued for a vehicle taxed under s. 320.08(6) may not be
  938  assigned a registration license number, or be issued with any
  939  other distinctive character or designation, that distinguishes
  940  the motor vehicle as a for-hire motor vehicle.
  941         Section 17. Section 320.0605, Florida Statutes, is amended
  942  to read:
  943         320.0605 Certificate of registration; possession required;
  944  exception.—
  945         (1)(a) The department-authorized paper or electronic
  946  registration certificate or an official copy thereof, a true
  947  copy or an electronic copy of rental or lease documentation
  948  issued for a motor vehicle or issued for a replacement vehicle
  949  in the same registration period, a temporary receipt printed
  950  upon self-initiated electronic renewal of a registration via the
  951  Internet, or a cab card issued for a vehicle registered under
  952  the International Registration Plan shall, at all times while
  953  the vehicle is being used or operated on the roads of this
  954  state, be in the possession of the operator thereof or be
  955  carried in the vehicle for which issued and shall be exhibited
  956  upon demand of any authorized law enforcement officer or any
  957  agent of the department, except for a vehicle registered under
  958  s. 320.0657. The provisions of This section does do not apply
  959  during the first 30 days after purchase of a replacement
  960  vehicle. A violation of this section is a noncriminal traffic
  961  infraction, punishable as a nonmoving violation as provided in
  962  chapter 318.
  963         (b)1. The act of presenting to a law enforcement officer or
  964  agent of the department an electronic device displaying an
  965  electronic copy of the registration certificate or the rental or
  966  lease documentation does not constitute consent for the officer
  967  or agent to access any information on the device other than the
  968  displayed rental or lease documentation.
  969         2. The person who presents the device to the officer or
  970  agent assumes the liability for any resulting damage to the
  971  device.
  972         (2) Rental or lease documentation that is sufficient to
  973  satisfy the requirement in subsection (1) includes the
  974  following:
  975         (a) Date of rental and time of exit from rental facility;
  976         (b) Rental station identification;
  977         (c) Rental agreement number;
  978         (d) Rental vehicle identification number;
  979         (e) Rental vehicle license plate number and state of
  980  registration;
  981         (f) Vehicle’s make, model, and color;
  982         (g) Vehicle’s mileage; and
  983         (h) Authorized renter’s name.
  984         Section 18. Subsection (5) of section 320.0607, Florida
  985  Statutes, is amended to read:
  986         320.0607 Replacement license plates, validation decal, or
  987  mobile home sticker.—
  988         (5) Upon the issuance of an original license plate, the
  989  applicant shall pay a fee of $28 to be deposited in the Highway
  990  Safety Operating Trust Fund. Beginning October 1, 2019, this
  991  subsection does not apply to a vehicle registered under the
  992  International Registration Plan.
  993         Section 19. Paragraph (b) of subsection (2) of section
  994  320.0657, Florida Statutes, is amended to read:
  995         320.0657 Permanent registration; fleet license plates.—
  996         (2)
  997         (b) The plates, which shall be of a distinctive color,
  998  shall have the word “Fleet” appearing at the bottom and the word
  999  “Florida” appearing at the top unless the license plate is a
 1000  specialty license plate as authorized in s. 320.08056. The
 1001  plates shall conform in all respects to the provisions of this
 1002  chapter, except as specified herein. For additional fees as set
 1003  forth in s. 320.08056, fleet companies may purchase specialty
 1004  license plates in lieu of the standard fleet license plates.
 1005  Fleet companies shall be responsible for all costs associated
 1006  with the specialty license plate, including all annual use fees,
 1007  processing fees, fees associated with switching license plate
 1008  types, and any other applicable fees.
 1009         Section 20. Subsection (12) of section 320.08, Florida
 1010  Statutes, is amended to read:
 1011         320.08 License taxes.—Except as otherwise provided herein,
 1012  there are hereby levied and imposed annual license taxes for the
 1013  operation of motor vehicles, mopeds, motorized bicycles as
 1014  defined in s. 316.003(3), tri-vehicles as defined in s. 316.003,
 1015  and mobile homes as defined in s. 320.01, which shall be paid to
 1016  and collected by the department or its agent upon the
 1017  registration or renewal of registration of the following:
 1018         (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
 1019  motor vehicle dealer, independent motor vehicle dealer, marine
 1020  boat trailer dealer, or mobile home dealer and manufacturer
 1021  license plate: $17 flat, of which $4.50 shall be deposited into
 1022  the General Revenue Fund. For additional fees as set forth in s.
 1023  320.08056, dealers may purchase specialty license plates in lieu
 1024  of the standard graphic dealer license plates. Dealers shall be
 1025  responsible for all costs associated with the specialty license
 1026  plate, including all annual use fees, processing fees, fees
 1027  associated with switching license plate types, and any other
 1028  applicable fees.
 1029         Section 21. Subsection (2) of section 320.08056, Florida
 1030  Statutes, is amended to read:
 1031         320.08056 Specialty license plates.—
 1032         (2)(a) The department shall issue a specialty license plate
 1033  to the owner or lessee of any motor vehicle, except a vehicle
 1034  registered under the International Registration Plan, a
 1035  commercial truck required to display two license plates pursuant
 1036  to s. 320.0706, or a truck tractor, upon request and payment of
 1037  the appropriate license tax and fees.
 1038         (b)The department may authorize dealer and fleet specialty
 1039  license plates. With the permission of the sponsoring specialty
 1040  license plate organization, a dealer or fleet company may
 1041  purchase specialty license plates to be used on dealer and fleet
 1042  vehicles.
 1043         (c)Notwithstanding s. 320.08058, a dealer or fleet
 1044  specialty license plate must include the letters “DLR” or “FLT”
 1045  on the right side of the license plate. Dealer and fleet
 1046  specialty license plates must be ordered directly through the
 1047  department.
 1048         Section 22. Subsection (10) is added to section 320.131,
 1049  Florida Statutes, to read:
 1050         320.131 Temporary tags.—
 1051         (10) Beginning October 1, 2018, the department may partner
 1052  with a county tax collector to conduct a Fleet Vehicle Temporary
 1053  Tag pilot program to provide temporary tags to fleet companies
 1054  to allow them to operate fleet vehicles awaiting a permanent
 1055  registration and title.
 1056         (a) The department shall establish a memorandum of
 1057  understanding that allows a maximum of three companies to
 1058  participate in the pilot program and receive multiple temporary
 1059  tags for company fleet vehicles.
 1060         (b) To participate in the program, a fleet company must
 1061  have a minimum of 3,500 fleet vehicles registered in this state
 1062  which qualify to be registered as fleet vehicles pursuant to s.
 1063  320.0657.
 1064         (c) The department may issue up to 50 temporary tags at a
 1065  time to an eligible fleet company, if requested by such company.
 1066         (d) The temporary tags are for exclusive use on a vehicle
 1067  purchased for the company’s fleet, and may not be used on any
 1068  other vehicle.
 1069         (e) Each temporary plate may be used on only one vehicle
 1070  and each vehicle may only use one temporary plate.
 1071         (f) Upon issuance of the vehicle’s permanent license plate
 1072  and registration, the temporary tag becomes invalid and must be
 1073  removed from the vehicle and destroyed.
 1074         (g) Upon a finding by the department that a temporary tag
 1075  has been misused by a fleet company under this program, the
 1076  department may terminate the memorandum of understanding with
 1077  the company, invalidate all temporary tags issued to the company
 1078  under the program, and require such company to return any unused
 1079  temporary tags.
 1080         (h) This subsection is repealed on October 1, 2021, unless
 1081  saved from repeal through reenactment by the Legislature.
 1082         Section 23. Subsection (3) is added to section 320.95,
 1083  Florida Statutes, to read:
 1084         320.95 Transactions by electronic or telephonic means.—
 1085         (3) The department may authorize the format of an
 1086  electronic certificate of registration in addition to printing a
 1087  paper registration certificate. If the paper certificate of
 1088  registration is not available for inspection or is damaged or
 1089  otherwise illegible, the operator may present for inspection an
 1090  electronic device displaying a department-issued electronic
 1091  certificate or registration issued pursuant to this section.
 1092  Such presentation does not constitute consent for inspection of
 1093  any information on the device other than the displayed
 1094  certificate of registration. The person who presents the device
 1095  to the officer assumes the liability for any resulting damage to
 1096  the device.
 1097         Section 24. Section 322.01, Florida Statutes, is amended to
 1098  read:
 1099         322.01 Definitions.—As used in this chapter:
 1100         (1) “Actual weight” means the weight of a motor vehicle or
 1101  motor vehicle combination plus the weight of the load carried on
 1102  it, as determined at a fixed scale operated by the state or as
 1103  determined by use of a portable scale operated by a law
 1104  enforcement officer.
 1105         (2) “Alcohol” means any substance containing any form of
 1106  alcohol including, but not limited to, ethanol, methanol,
 1107  propanol, and isopropanol.
 1108         (3) “Alcohol concentration” means:
 1109         (a) The number of grams of alcohol per 100 milliliters of
 1110  blood;
 1111         (b) The number of grams of alcohol per 210 liters of
 1112  breath; or
 1113         (c) The number of grams of alcohol per 67 milliliters of
 1114  urine.
 1115         (4) “Authorized emergency vehicle” means a vehicle that is
 1116  equipped with extraordinary audible and visual warning devices,
 1117  that is authorized by s. 316.2397 to display red or blue lights,
 1118  and that is on call to respond to emergencies. The term
 1119  includes, but is not limited to, ambulances, law enforcement
 1120  vehicles, fire trucks, and other rescue vehicles. The term does
 1121  not include wreckers, utility trucks, or other vehicles that are
 1122  used only incidentally for emergency purposes.
 1123         (5) “Cancellation” means the act of declaring a driver
 1124  license void and terminated.
 1125         (6) “Color photographic driver license” means a color
 1126  photograph of a completed driver license form meeting the
 1127  requirements prescribed in s. 322.14.
 1128         (7) “Commercial driver license” means a Class A, Class B,
 1129  or Class C driver license issued in accordance with the
 1130  requirements of this chapter.
 1131         (8) “Commercial motor vehicle” means any motor vehicle or
 1132  motor vehicle combination used on the streets or highways,
 1133  which:
 1134         (a) Has a gross vehicle weight rating of 26,001 pounds or
 1135  more;
 1136         (b) Is designed to transport more than 15 persons,
 1137  including the driver; or
 1138         (c) Is transporting hazardous materials and is required to
 1139  be placarded in accordance with 49 C.F.R. part 172, subpart F.
 1140  
 1141  A vehicle that occasionally transports personal property to and
 1142  from a closed-course motorsport facility, as defined in s.
 1143  549.09(1)(a), is not a commercial motor vehicle if the use is
 1144  not for profit and corporate sponsorship is not involved. As
 1145  used in this subsection, the term “corporate sponsorship” means
 1146  a payment, donation, gratuity, in-kind service, or other benefit
 1147  provided to or derived by a person in relation to the underlying
 1148  activity, other than the display of product or corporate names,
 1149  logos, or other graphic information on the property being
 1150  transported.
 1151         (9) “Controlled substance” means any substance classified
 1152  as such under 21 U.S.C. s. 802(6), Schedules I-V of 21 C.F.R.
 1153  part 1308, or chapter 893.
 1154         (10) “Convenience service” means any means whereby an
 1155  individual conducts a transaction with the department other than
 1156  in person.
 1157         (11)(a) “Conviction” means a conviction of an offense
 1158  relating to the operation of motor vehicles on highways which is
 1159  a violation of this chapter or any other such law of this state
 1160  or any other state, including an admission or determination of a
 1161  noncriminal traffic infraction pursuant to s. 318.14, or a
 1162  judicial disposition of an offense committed under any federal
 1163  law substantially conforming to the aforesaid state statutory
 1164  provisions.
 1165         (b) Notwithstanding any other provisions of this chapter,
 1166  the definition of “conviction” provided in 49 C.F.R. s. 383.5
 1167  applies to offenses committed in a commercial motor vehicle or
 1168  by a person holding a commercial driver license.
 1169         (12) “Court” means any tribunal in this state or any other
 1170  state, or any federal tribunal, which has jurisdiction over any
 1171  civil, criminal, traffic, or administrative action.
 1172         (13) “Credential service provider” means an electronic
 1173  credential provider competitively procured by the department to
 1174  supply secure credential services based on open standards for
 1175  identity management and verification to qualified entities.
 1176         (14) “Declared weight” means the maximum loaded weight
 1177  declared for purposes of registration, pursuant to chapter 320.
 1178         (15)(14) “Department” means the Department of Highway
 1179  Safety and Motor Vehicles acting directly or through its duly
 1180  authorized representatives.
 1181         (16)“Digital identity verifier” means a public or private
 1182  entity that consumes the identity management services provided
 1183  by the credential service provider.
 1184         (17)(15) “Disqualification” means a prohibition, other than
 1185  an out-of-service order, that precludes a person from driving a
 1186  commercial motor vehicle.
 1187         (18)(16) “Drive” means to operate or be in actual physical
 1188  control of a motor vehicle in any place open to the general
 1189  public for purposes of vehicular traffic.
 1190         (19)(17) “Driver license” means a certificate that, subject
 1191  to all other requirements of law, authorizes an individual to
 1192  drive a motor vehicle and denotes an operator’s license as
 1193  defined in 49 U.S.C. s. 30301.
 1194         (20)“Electronic” means relating to technology having
 1195  electrical, digital, magnetic, wireless, optical,
 1196  electromagnetic, or similar capabilities.
 1197         (21)“Electronic credential” means an electronic
 1198  representation of a physical driver license or identification
 1199  card which is viewable on an electronic credential system and
 1200  capable of being verified and authenticated.
 1201         (22)“Electronic credential holder” means a person to whom
 1202  an electronic credential has been issued.
 1203         (23)“Electronic credential provider” means a qualified
 1204  entity contracted with the department to provide electronic
 1205  credentials to electronic credential holders.
 1206         (24)“Electronic credential system” means a computer system
 1207  used to display or transmit electronic credentials to a person
 1208  or verification system and that may be accessed using an
 1209  electronic device.
 1210         (25)“Electronic device” means a device or a portion of a
 1211  device that is designed for and capable of communicating across
 1212  a computer network with other computers or devices for the
 1213  purpose of transmitting, receiving, or storing data, including,
 1214  but not limited to, a cellular telephone, tablet, or other
 1215  portable device designed for and capable of communicating with
 1216  or across a computer network, and is used to render an
 1217  electronic credential.
 1218         (26)“Electronic ID” means a technology solution by which a
 1219  qualified entity authenticates the identity of an individual
 1220  receiving goods or services.
 1221         (27)(18) “Endorsement” means a special authorization which
 1222  permits a driver to drive certain types of vehicles or to
 1223  transport certain types of property or a certain number of
 1224  passengers.
 1225         (28)(19) “Farmer” means a person who grows agricultural
 1226  products, including aquacultural, horticultural, and forestry
 1227  products, and, except as provided herein, employees of such
 1228  persons. The term does not include employees whose primary
 1229  purpose of employment is the operation of motor vehicles.
 1230         (29)(20) “Farm tractor” means a motor vehicle that is:
 1231         (a) Operated principally on a farm, grove, or orchard in
 1232  agricultural or horticultural pursuits and that is operated on
 1233  the roads of this state only incidentally for transportation
 1234  between the owner’s or operator’s headquarters and the farm,
 1235  grove, or orchard or between one farm, grove, or orchard and
 1236  another; or
 1237         (b) Designed and used primarily as a farm implement for
 1238  drawing plows, mowing machines, and other implements of
 1239  husbandry.
 1240         (30)(21) “Felony” means any offense under state or federal
 1241  law that is punishable by death or by a term of imprisonment
 1242  exceeding 1 year.
 1243         (31)(22) “Foreign jurisdiction” means any jurisdiction
 1244  other than a state of the United States.
 1245         (32)(23) “Gross vehicle weight rating” means the value
 1246  specified by the manufacturer as the maximum loaded weight of a
 1247  single, combination, or articulated vehicle.
 1248         (33)(24) “Hazardous materials” means any material that has
 1249  been designated as hazardous under 49 U.S.C. s. 5103 and is
 1250  required to be placarded under subpart F of 49 C.F.R. part 172
 1251  or any quantity of a material listed as a select agent or toxin
 1252  in 42 C.F.R. part 73.
 1253         (34)(25) “Medical examiner’s certificate” means a document
 1254  substantially in accordance with the requirements of 49 C.F.R.
 1255  s. 391.43.
 1256         (35)(26) “Motorcycle” means a motor vehicle powered by a
 1257  motor with a displacement of more than 50 cubic centimeters,
 1258  having a seat or saddle for the use of the rider, and designed
 1259  to travel on not more than three wheels in contact with the
 1260  ground, but excluding a tractor, tri-vehicle, or moped.
 1261         (36)(27) “Motor vehicle” means any self-propelled vehicle,
 1262  including a motor vehicle combination, not operated upon rails
 1263  or guideway, excluding vehicles moved solely by human power,
 1264  motorized wheelchairs, and motorized bicycles as defined in s.
 1265  316.003.
 1266         (37)(28) “Motor vehicle combination” means a motor vehicle
 1267  operated in conjunction with one or more other vehicles.
 1268         (38)(29) “Narcotic drugs” means coca leaves, opium,
 1269  isonipecaine, cannabis, and every substance neither chemically
 1270  nor physically distinguishable from them, and any and all
 1271  derivatives of same, and any other drug to which the narcotics
 1272  laws of the United States apply, and includes all drugs and
 1273  derivatives thereof known as barbiturates.
 1274         (39)(30) “Out-of-service order” means a prohibition issued
 1275  by an authorized local, state, or Federal Government official
 1276  which precludes a person from driving a commercial motor
 1277  vehicle.
 1278         (40)(31) “Owner” means the person who holds the legal title
 1279  to a vehicle. However, if a vehicle is the subject of an
 1280  agreement for the conditional sale or lease thereof with the
 1281  right of purchase upon performance of the conditions stated in
 1282  the agreement and with an immediate right of possession vested
 1283  in the conditional vendee or lessee, or if a mortgagor of a
 1284  vehicle is entitled to possession, such conditional vendee,
 1285  lessee, or mortgagor is the owner for the purpose of this
 1286  chapter.
 1287         (41)(32) “Passenger vehicle” means a motor vehicle designed
 1288  to transport more than 15 persons, including the driver, or a
 1289  school bus designed to transport more than 15 persons, including
 1290  the driver.
 1291         (42)(33) “Permit” means a document authorizing the
 1292  temporary operation of a motor vehicle within this state subject
 1293  to conditions established in this chapter.
 1294         (43)“Qualified entity” means a public or private entity
 1295  which enters into a contract with the department, meets usage
 1296  criteria, agrees to terms and conditions, and is authorized by
 1297  the department to use the credential service provider for
 1298  authentication and identification verification services.
 1299         (44)(34) “Resident” means a person who has his or her
 1300  principal place of domicile in this state for a period of more
 1301  than 6 consecutive months, has registered to vote, has made a
 1302  statement of domicile pursuant to s. 222.17, or has filed for
 1303  homestead tax exemption on property in this state.
 1304         (45)(35) “Restriction” means a prohibition against
 1305  operating certain types of motor vehicles or a requirement that
 1306  a driver comply with certain conditions when driving a motor
 1307  vehicle.
 1308         (46)(36) “Revocation” means the termination of a licensee’s
 1309  privilege to drive.
 1310         (47)(37) “School bus” means a motor vehicle that is
 1311  designed to transport more than 15 persons, including the
 1312  driver, and that is used to transport students to and from a
 1313  public or private school or in connection with school
 1314  activities, but does not include a bus operated by a common
 1315  carrier in the urban transportation of school children. The term
 1316  “school” includes all preelementary, elementary, secondary, and
 1317  postsecondary schools.
 1318         (48)(38) “State” means a state or possession of the United
 1319  States, and, for the purposes of this chapter, includes the
 1320  District of Columbia.
 1321         (49)(39) “Street or highway” means the entire width between
 1322  the boundary lines of a way or place if any part of that way or
 1323  place is open to public use for purposes of vehicular traffic.
 1324         (50)(40) “Suspension” means the temporary withdrawal of a
 1325  licensee’s privilege to drive a motor vehicle.
 1326         (51)(41) “Tank vehicle” means a vehicle that is designed to
 1327  transport any liquid or gaseous material within a tank either
 1328  permanently or temporarily attached to the vehicle, if such tank
 1329  has a designed capacity of 1,000 gallons or more.
 1330         (52)(42) “United States” means the 50 states and the
 1331  District of Columbia.
 1332         (53)(43) “Vehicle” means every device in, upon, or by which
 1333  any person or property is or may be transported or drawn upon a
 1334  public highway or operated upon rails or guideway, except a
 1335  bicycle, motorized wheelchair, or motorized bicycle.
 1336         (54)(44) “Identification card” means a personal
 1337  identification card issued by the department which conforms to
 1338  the definition in 18 U.S.C. s. 1028(d).
 1339         (55)(45) “Temporary driver license” or “temporary
 1340  identification card” means a certificate issued by the
 1341  department which, subject to all other requirements of law,
 1342  authorizes an individual to drive a motor vehicle and denotes an
 1343  operator’s license, as defined in 49 U.S.C. s. 30301, or a
 1344  personal identification card issued by the department which
 1345  conforms to the definition in 18 U.S.C. s. 1028(d) and denotes
 1346  that the holder is permitted to stay for a short duration of
 1347  time, as specified on the temporary identification card, and is
 1348  not a permanent resident of the United States.
 1349         (56)(46) “Tri-vehicle” means an enclosed three-wheeled
 1350  passenger vehicle that:
 1351         (a) Is designed to operate with three wheels in contact
 1352  with the ground;
 1353         (b) Has a minimum unladen weight of 900 pounds;
 1354         (c) Has a single, completely enclosed, occupant
 1355  compartment;
 1356         (d) Is produced in a minimum quantity of 300 in any
 1357  calendar year;
 1358         (e) Is capable of a speed greater than 60 miles per hour on
 1359  level ground; and
 1360         (f) Is equipped with:
 1361         1. Seats that are certified by the vehicle manufacturer to
 1362  meet the requirements of Federal Motor Vehicle Safety Standard
 1363  No. 207, “Seating systems” (49 C.F.R. s. 571.207);
 1364         2. A steering wheel used to maneuver the vehicle;
 1365         3. A propulsion unit located forward or aft of the enclosed
 1366  occupant compartment;
 1367         4. A seat belt for each vehicle occupant certified to meet
 1368  the requirements of Federal Motor Vehicle Safety Standard No.
 1369  209, “Seat belt assemblies” (49 C.F.R. s. 571.209);
 1370         5. A windshield and an appropriate windshield wiper and
 1371  washer system that are certified by the vehicle manufacturer to
 1372  meet the requirements of Federal Motor Vehicle Safety Standard
 1373  No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal
 1374  Motor Vehicle Safety Standard No. 104, “Windshield Wiping and
 1375  Washing Systems” (49 C.F.R. s. 571.104); and
 1376         6. A vehicle structure certified by the vehicle
 1377  manufacturer to meet the requirements of Federal Motor Vehicle
 1378  Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R.
 1379  s. 571.216).
 1380         Section 25. Section 322.032, Florida Statutes, is amended
 1381  to read:
 1382         322.032 Electronic credential Digital proof of driver
 1383  license.—
 1384         (1)(a) The department shall develop and implement begin to
 1385  review and prepare for the development of a secure and uniform
 1386  protocols which comply with national standards system for
 1387  issuing an optional electronic credential. The department shall
 1388  procure the related technology solution from the credential
 1389  service provider that uses a revenue sharing model through a
 1390  competitive solicitation process pursuant to s. 287.057 digital
 1391  proof of driver license. The department may issue electronic
 1392  credentials to persons who hold a Florida driver license or
 1393  identification card.
 1394         (b)Qualified entities must have the technological
 1395  capabilities necessary to integrate with the credential service
 1396  provider. The department shall maintain the protocols and
 1397  national standards necessary for a digital verifier or an
 1398  electronic credential provider to request authorized access to
 1399  an application programming interface, or appropriate
 1400  technological tool of at least the same capabilities, necessary
 1401  for such qualified entity to consume an electronic ID. The
 1402  department shall timely review requests for authorized access
 1403  and approve all requests by digital identity verifiers that meet
 1404  the department’s requirements.
 1405         (c)The electronic credential provider must have the
 1406  necessary technological capabilities to execute the
 1407  authentication of an electronic credential across all states,
 1408  jurisdictions, federal and state agencies, and municipalities.
 1409  The electronic credential and verification solution must provide
 1410  the standardized system integration necessary:
 1411         1.For qualified entities to securely consume an electronic
 1412  credential.
 1413         2.For the production of a fully compliant electronic
 1414  credential by electronic credential providers.
 1415         3.To successfully ensure secure authentication and
 1416  validation of data from disparate sources.
 1417         (d)The department shall competitively procure at least two
 1418  but no more than five contract with one or more electronic
 1419  credential providers private entities to develop and implement
 1420  an initial phase to provide a secure electronic credential a
 1421  digital proof of driver license system. The department shall
 1422  enter into agreements with electronic credential providers that
 1423  provide the permitted uses, terms and conditions, privacy
 1424  policy, and uniform remittance terms relating to the consumption
 1425  of an electronic credential. The department must competitively
 1426  procure the credential service provider before the initial phase
 1427  may begin. Upon completion of the initial phase, the department
 1428  shall submit a report to the Governor, the President of the
 1429  Senate, and the Speaker of the House of Representatives
 1430  regarding the continued implementation and tools necessary to
 1431  scale future phases.
 1432         (2)(a)The department shall provide electronic credential
 1433  providers access to a standardized digital transaction process
 1434  that provides the proceeds of a completed financial transaction
 1435  to the department at the point of sale. The standardized digital
 1436  transaction process must enable electronic credential providers
 1437  to direct through their electronic commerce workflow to a
 1438  standardized checkout process and enable documentation of the
 1439  electronic credential providers participating in a transaction.
 1440  Revenue generated from use of the electronic credential system
 1441  shall be deposited into the Motor Vehicle License Clearing Trust
 1442  Fund for distribution pursuant to a legislative appropriation
 1443  and department agreements with electronic credential providers.
 1444  Electronic credential revenue shall be shared between the state
 1445  and electronic credential providers.
 1446         (b)The department may assess a competitive market rate fee
 1447  structure for use of the credential service provider for any
 1448  qualified entity to obtain an electronic ID. Revenue generated
 1449  from use of the credential service provider by digital identity
 1450  verifiers shall be shared between the state and the credential
 1451  service provider. Revenues shall be deposited into the Motor
 1452  Vehicle License Clearing Trust Fund for distribution pursuant to
 1453  department agreements with digital identity verifiers. Fees may
 1454  not be charged to any state court, state governmental entity, or
 1455  law enforcement agency.
 1456         (3)(a)(2) The electronic credential digital proof of driver
 1457  license developed by the department or by an electronic
 1458  credential provider an entity contracted by the department must
 1459  be in such a format as to allow law enforcement or an authorized
 1460  consumer to verify the authenticity of the electronic credential
 1461  and the identity of the credential holder and to validate the
 1462  status of any driving privileges associated with the electronic
 1463  credential digital proof of driver license. The department shall
 1464  adhere to protocols and national standards may adopt rules to
 1465  ensure valid authentication of electronic credentials digital
 1466  driver licenses by law enforcement.
 1467         (b)The act of presenting to a law enforcement officer an
 1468  electronic device displaying an electronic credential does not
 1469  constitute consent for the officer to access any information on
 1470  the device other than the electronic credential.
 1471         (c)The person who presents the device to the officer
 1472  assumes liability for any resulting damage to the device.
 1473         (4)(3) A person may not be issued an electronic credential
 1474  a digital proof of driver license until he or she has satisfied
 1475  all of the requirements of this chapter for issuance of a
 1476  physical driver license or identification card as provided in
 1477  this chapter.
 1478         (5)(4) A person who:
 1479         (a) Manufactures a false electronic credential digital
 1480  proof of driver license commits a felony of the third degree,
 1481  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1482         (b) Possesses a false electronic credential digital proof
 1483  of driver license commits a misdemeanor of the second degree,
 1484  punishable as provided in s. 775.082.
 1485         Section 26. Section 322.059, Florida Statutes, is amended
 1486  to read:
 1487         322.059 Mandatory surrender of suspended driver license and
 1488  registration.—A person whose driver license or registration has
 1489  been suspended as provided in s. 322.058 must immediately return
 1490  his or her driver license and registration to the Department of
 1491  Highway Safety and Motor Vehicles. The department shall
 1492  invalidate the electronic credential digital proof of driver
 1493  license issued pursuant to s. 322.032 for such person. If such
 1494  person fails to return his or her driver license or
 1495  registration, a law enforcement agent may seize the license or
 1496  registration while the driver license or registration is
 1497  suspended.
 1498         Section 27. Subsection (4) of section 322.09, Florida
 1499  Statutes, is amended to read:
 1500         322.09 Application of minors; responsibility for negligence
 1501  or misconduct of minor.—
 1502         (4) Notwithstanding subsections (1) and (2), if a foster
 1503  parent or caregiver of a minor who is under the age of 18 years
 1504  and is in foster care as defined in s. 39.01, an authorized
 1505  representative of a residential group home at which such a minor
 1506  resides, the caseworker at the agency at which the state has
 1507  placed the minor, or a guardian ad litem specifically authorized
 1508  by the minor’s caregiver to sign for a learner’s driver license
 1509  signs the minor’s application for a learner’s driver license,
 1510  that foster parent, caregiver, group home representative,
 1511  caseworker, or guardian ad litem does not assume any obligation
 1512  or become liable for any damages caused by the negligence or
 1513  willful misconduct of the minor by reason of having signed the
 1514  application. Before signing the application, the caseworker
 1515  shall notify the foster parent, caregiver, or other responsible
 1516  party of his or her intent to sign and verify the application.
 1517         Section 28. Paragraph (c) of subsection (1) of section
 1518  322.143, Florida Statutes, is amended to read:
 1519         322.143 Use of a driver license or identification card.—
 1520         (1) As used in this section, the term:
 1521         (c) “Swipe” means the act of passing a driver license or
 1522  identification card through a device that is capable of
 1523  deciphering, in an electronically readable format, the
 1524  information electronically encoded in a magnetic strip or bar
 1525  code on the driver license or identification card or consuming
 1526  an electronic credential.
 1527         Section 29. Subsection (1) of section 322.15, Florida
 1528  Statutes, is amended to read:
 1529         322.15 License to be carried and exhibited on demand;
 1530  fingerprint to be imprinted upon a citation.—
 1531         (1) Every licensee shall have his or her driver license,
 1532  which must be fully legible with no portion of such license
 1533  faded, altered, mutilated, or defaced, in his or her immediate
 1534  possession at all times when operating a motor vehicle and shall
 1535  present or submit the same upon the demand of a law enforcement
 1536  officer or an authorized representative of the department. A
 1537  licensee may present or submit an electronic credential a
 1538  digital proof of driver license as provided in s. 322.032 in
 1539  lieu of a physical driver license.
 1540         Section 30. Section 322.38, Florida Statutes, is amended to
 1541  read:
 1542         322.38 Renting motor vehicle to another.—
 1543         (1) A No person may not shall rent a motor vehicle to any
 1544  other person unless the other latter person is then duly
 1545  licensed, or, if a nonresident, he or she shall be licensed
 1546  under the laws of the state or country of his or her residence,
 1547  except a nonresident whose home state or country does not
 1548  require that an operator be licensed.
 1549         (2) A No person may not shall rent a motor vehicle to
 1550  another until he or she has inspected the driver license of the
 1551  person to whom the vehicle is to be rented, and has compared and
 1552  verified that the driver license is unexpired signature thereon
 1553  with the signature of such person written in his or her
 1554  presence.
 1555         (3) Every person renting a motor vehicle to another shall
 1556  keep a record of the registration number of the motor vehicle so
 1557  rented, the name, and address, and license number of the person
 1558  to whom the vehicle is rented, the number of the license of said
 1559  latter person, and the date and place when and where the said
 1560  license was issued. Such record shall be open to inspection by
 1561  any police officer, or officer or employee of the department.
 1562         (4)If a rental car company rents a motor vehicle to a
 1563  person through digital, electronic, or other means that allows
 1564  the renter to obtain possession of the motor vehicle without
 1565  direct contact with an agent or employee of the rental car
 1566  company, or if through use of such means the renter does not
 1567  execute a rental contract at the time he or she takes possession
 1568  of the vehicle, the rental car company is deemed to have met the
 1569  requirements of subsections (1) and (2) when the rental car
 1570  company requires the renter to verify that he or she is duly
 1571  licensed and that the license is unexpired. Such verification
 1572  may occur at the time the renter enrolls in a membership
 1573  program, master agreement, or other means of establishing use of
 1574  the rental car company’s services or at any time thereafter.
 1575         Section 31. Subsection (4) of section 322.61, Florida
 1576  Statutes, is amended to read:
 1577         322.61 Disqualification from operating a commercial motor
 1578  vehicle.—
 1579         (4) Any person who is transporting hazardous materials as
 1580  defined in s. 322.01(33) s. 322.01(24) shall, upon conviction of
 1581  an offense specified in subsection (3), be disqualified from
 1582  operating a commercial motor vehicle for a period of 3 years.
 1583  The penalty provided in this subsection shall be in addition to
 1584  any other applicable penalty.
 1585         Section 32. Subsection (1) of section 324.021, Florida
 1586  Statutes, is amended to read:
 1587         324.021 Definitions; minimum insurance required.—The
 1588  following words and phrases when used in this chapter shall, for
 1589  the purpose of this chapter, have the meanings respectively
 1590  ascribed to them in this section, except in those instances
 1591  where the context clearly indicates a different meaning:
 1592         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
 1593  designed and required to be licensed for use upon a highway,
 1594  including trailers and semitrailers designed for use with such
 1595  vehicles, except traction engines, road rollers, farm tractors,
 1596  power shovels, and well drillers, and every vehicle that is
 1597  propelled by electric power obtained from overhead wires but not
 1598  operated upon rails, but not including any personal delivery
 1599  device or mobile carrier as defined in s. 316.003, bicycle, or
 1600  moped. However, the term “motor vehicle” does not include a
 1601  motor vehicle as defined in s. 627.732(3) when the owner of such
 1602  vehicle has complied with the requirements of ss. 627.730
 1603  627.7405, inclusive, unless the provisions of s. 324.051 apply;
 1604  and, in such case, the applicable proof of insurance provisions
 1605  of s. 320.02 apply.
 1606         Section 33. Section 324.031, Florida Statutes, is amended
 1607  to read:
 1608         324.031 Manner of proving financial responsibility.—The
 1609  owner or operator of a taxicab, limousine, jitney, or any other
 1610  for-hire passenger transportation vehicle may prove financial
 1611  responsibility by providing satisfactory evidence of holding a
 1612  motor vehicle liability policy as defined in s. 324.021(8) or s.
 1613  324.151, which policy is provided by an insurer authorized to do
 1614  business in this state issued by an insurance carrier which is a
 1615  member of the Florida Insurance Guaranty Association or an
 1616  eligible nonadmitted insurer that has a superior, excellent,
 1617  exceptional, or equivalent financial strength rating by a rating
 1618  agency acceptable to the Office of Insurance Regulation of the
 1619  Financial Services Commission. The operator or owner of any
 1620  other vehicle may prove his or her financial responsibility by:
 1621         (1) Furnishing satisfactory evidence of holding a motor
 1622  vehicle liability policy as defined in ss. 324.021(8) and
 1623  324.151;
 1624         (2) Furnishing a certificate of self-insurance showing a
 1625  deposit of cash in accordance with s. 324.161; or
 1626         (3) Furnishing a certificate of self-insurance issued by
 1627  the department in accordance with s. 324.171.
 1628  
 1629  Any person, including any firm, partnership, association,
 1630  corporation, or other person, other than a natural person,
 1631  electing to use the method of proof specified in subsection (2)
 1632  shall furnish a certificate of deposit equal to the number of
 1633  vehicles owned times $30,000, to a maximum of $120,000; in
 1634  addition, any such person, other than a natural person, shall
 1635  maintain insurance providing coverage in excess of limits of
 1636  $10,000/20,000/10,000 or $30,000 combined single limits, and
 1637  such excess insurance shall provide minimum limits of
 1638  $125,000/250,000/50,000 or $300,000 combined single limits.
 1639  These increased limits shall not affect the requirements for
 1640  proving financial responsibility under s. 324.032(1).
 1641         Section 34. Subsection (2) of section 324.032, Florida
 1642  Statutes, is amended to read:
 1643         324.032 Manner of proving financial responsibility; for
 1644  hire passenger transportation vehicles.—Notwithstanding the
 1645  provisions of s. 324.031:
 1646         (2) An owner or a lessee who is required to maintain
 1647  insurance under s. 324.021(9)(b) and who operates at least 150
 1648  300 taxicabs, limousines, jitneys, or any other for-hire
 1649  passenger transportation vehicles may provide financial
 1650  responsibility by complying with the provisions of s. 324.171,
 1651  such compliance to be demonstrated by maintaining at its
 1652  principal place of business an audited financial statement,
 1653  prepared in accordance with generally accepted accounting
 1654  principles, and providing to the department a certification
 1655  issued by a certified public accountant that the applicant’s net
 1656  worth is at least equal to the requirements of s. 324.171 as
 1657  determined by the Office of Insurance Regulation of the
 1658  Financial Services Commission, including claims liabilities in
 1659  an amount certified as adequate by a Fellow of the Casualty
 1660  Actuarial Society.
 1661  
 1662  Upon request by the department, the applicant must provide the
 1663  department at the applicant’s principal place of business in
 1664  this state access to the applicant’s underlying financial
 1665  information and financial statements that provide the basis of
 1666  the certified public accountant’s certification. The applicant
 1667  shall reimburse the requesting department for all reasonable
 1668  costs incurred by it in reviewing the supporting information.
 1669  The maximum amount of self-insurance permissible under this
 1670  subsection is $300,000 and must be stated on a per-occurrence
 1671  basis, and the applicant shall maintain adequate excess
 1672  insurance issued by an authorized or eligible insurer licensed
 1673  or approved by the Office of Insurance Regulation. All risks
 1674  self-insured shall remain with the owner or lessee providing it,
 1675  and the risks are not transferable to any other person, unless a
 1676  policy complying with subsection (1) is obtained.
 1677         Section 35. Subsection (5) of section 338.166, Florida
 1678  Statutes, is amended to read:
 1679         338.166 High-occupancy toll lanes or express lanes.—
 1680         (5) Effective July 1, 2018, If the a customer’s average
 1681  travel speed for a segment of trip in an express lane falls
 1682  below 40 miles per hour, the toll customer must be charged shall
 1683  be the segment’s minimum express lane toll amount. An express
 1684  lane segment is the distance between the customer’s point of
 1685  entry to the first available exit. Additional segments are
 1686  defined by the distance between subsequent exits. A customer’s
 1687  express lane average travel speed is his or her average travel
 1688  speed from the customer’s entry point to the customer’s exit
 1689  point.
 1690         Section 36. Paragraphs (d) and (e) of subsection (1) of
 1691  section 338.2216, Florida Statutes, are amended to read:
 1692         338.2216 Florida Turnpike Enterprise; powers and
 1693  authority.—
 1694         (1)
 1695         (d) The Florida Turnpike Enterprise shall pursue and
 1696  implement new technologies and processes in its operations and
 1697  collection of tolls and the collection of other amounts
 1698  associated with road and infrastructure usage. Such technologies
 1699  and processes must include, without limitation, video billing
 1700  and variable pricing. The Florida Turnpike Enterprise may
 1701  require the use of an electronic transponder interoperable with
 1702  the department’s electronic toll collection system for the use
 1703  of express lanes on the turnpike system. Variable pricing may
 1704  not be implemented in express lanes when the level of service in
 1705  the express lane, determined in accordance with the criteria
 1706  established by the Transportation Research Board Highway
 1707  Capacity Manual (5th Edition, HCM 2010), as amended from time to
 1708  time, is equal to level of service A. Variable pricing in
 1709  express lanes when the level of service in the express lane is
 1710  level of service B may only be implemented by charging the
 1711  segment’s general toll lane toll amount plus the segment’s
 1712  minimum toll an amount set by department rule. An express lane
 1713  segment is the distance between the customer’s point of entry to
 1714  the first available exit. Additional segments are defined by the
 1715  distance between subsequent exits. Except as otherwise provided
 1716  in this subsection, pricing in express lanes when the level of
 1717  service is other than level of service A or level of service B
 1718  may vary in the manner established by the Florida Turnpike
 1719  Enterprise to manage congestion in the express lanes.
 1720         (e)Effective July 1, 2018, if a customer’s average travel
 1721  speed for a trip in an express lane falls below 40 miles per
 1722  hour, the customer must be charged the general toll lane toll
 1723  amount plus an amount set by department rule. A customer’s
 1724  express lane average travel speed is his or her average travel
 1725  speed from the customer’s entry point to the customer’s exit
 1726  point.
 1727         Section 37. Section 334.352, Florida Statutes, is created
 1728  to read:
 1729         334.352 State university ingress and egress.—A local
 1730  governmental entity may not prevent public motor vehicle use on
 1731  or access to an existing transportation facility or
 1732  transportation corridor as defined in s. 334.03 if that
 1733  transportation facility or transportation corridor is the only
 1734  point, or one of only two points, of ingress to and egress from
 1735  a state university as defined in s. 1000.21 and regulated by the
 1736  Board of Governors of the State University System as provided in
 1737  s. 20.155.
 1738         Section 38. Subsection (1) of section 655.960, Florida
 1739  Statutes, is amended to read:
 1740         655.960 Definitions; ss. 655.960-655.965.—As used in this
 1741  section and ss. 655.961-655.965, unless the context otherwise
 1742  requires:
 1743         (1) “Access area” means any paved walkway or sidewalk which
 1744  is within 50 feet of any automated teller machine. The term does
 1745  not include any street or highway open to the use of the public,
 1746  as defined in s. 316.003(80)(a) or (b) s. 316.003(79)(a) or (b),
 1747  including any adjacent sidewalk, as defined in s. 316.003.
 1748         Section 39. Paragraph (a) of subsection (2) of section
 1749  812.014, Florida Statutes, is amended to read:
 1750         812.014 Theft.—
 1751         (2)(a)1. If the property stolen is valued at $100,000 or
 1752  more or is a semitrailer that was deployed by a law enforcement
 1753  officer; or
 1754         2. If the property stolen is cargo valued at $50,000 or
 1755  more that has entered the stream of interstate or intrastate
 1756  commerce from the shipper’s loading platform to the consignee’s
 1757  receiving dock; or
 1758         3. If the offender commits any grand theft and:
 1759         a. In the course of committing the offense the offender
 1760  uses a motor vehicle as an instrumentality, other than merely as
 1761  a getaway vehicle, to assist in committing the offense and
 1762  thereby damages the real property of another; or
 1763         b. In the course of committing the offense the offender
 1764  causes damage to the real or personal property of another in
 1765  excess of $1,000; or
 1766         4. If the property stolen is cargo and in the course of
 1767  committing the offense the offender uses any type of device to
 1768  defeat, block, disable, jam, or interfere with a global
 1769  positioning system or similar system designed to identify the
 1770  location of the cargo or the vehicle or trailer carrying the
 1771  cargo,
 1772  
 1773  the offender commits grand theft in the first degree, punishable
 1774  as a felony of the first degree, as provided in s. 775.082, s.
 1775  775.083, or s. 775.084.
 1776         Section 40. Except as otherwise expressly provided in this
 1777  act, this act shall take effect October 1, 2018.