Florida Senate - 2021                                    SB 1230
       By Senator Rodriguez
       39-00841-21                                           20211230__
    1                        A bill to be entitled                      
    2         An act relating to insurance; amending s. 316.003,
    3         F.S.; defining the term “automatic license plate
    4         reader system”; amending s. 316.008, F.S.; authorizing
    5         counties and municipalities to install automatic
    6         license plate reader systems for a specified purpose;
    7         creating s. 316.647, F.S.; requiring the Department of
    8         Highway Safety and Motor Vehicles to establish the
    9         Uninsured Vehicle Enforcement Program; providing the
   10         purpose of the program; requiring the department, in
   11         coordination with the Department of Transportation, to
   12         install and operate automatic license plate reader
   13         systems on infrastructure; requiring the Department of
   14         Highway Safety and Motor Vehicles to coordinate with
   15         municipalities and counties to install such systems;
   16         authorizing the department to use such systems to
   17         access and collect certain data; providing
   18         requirements for the program; authorizing the
   19         department to contract with an entity to provide
   20         necessary technology, equipment, and maintenance for
   21         the program; authorizing law enforcement officers to
   22         verify certain information by sworn affidavit;
   23         providing that such affidavit constitutes probable
   24         cause for prosecution; requiring data collected or
   25         retained under the program to be retained by a law
   26         enforcement agency under specified circumstances;
   27         prohibiting data collected or retained through the use
   28         of an automated license plate reader system from being
   29         used by an individual or agency for purposes other
   30         than traffic safety and traffic monitoring;
   31         prohibiting law enforcement agencies and certain other
   32         agencies from selling license plate data or sharing
   33         such data unless otherwise authorized; requiring the
   34         department to annually publish a report by a specified
   35         date; requiring the department to provide such report
   36         to the Legislature; providing requirements for such
   37         report; providing applicability; authorizing the
   38         department to adopt rules; amending ss. 212.05,
   39         316.306, and 655.960, F.S.; conforming cross
   40         references; providing an effective date.
   42         WHEREAS, the Insurance Information Institute reports that,
   43  in 2015, the estimated percentage of uninsured motorists in
   44  Florida ranked the highest of any state at 26.7 percent, and
   45         WHEREAS, while many Floridians are paying premiums for
   46  uninsured motor vehicle coverage, the state is missing tax
   47  revenue associated with premiums from those who do not carry
   48  this coverage, and
   49         WHEREAS, crashes caused by uninsured motorists result in a
   50  significant economic impact on Floridians and the state, and
   51         WHEREAS, an uninsured vehicle enforcement program is one
   52  tool for encouraging motorists to comply with motor vehicle
   53  coverage requirements, and
   54         WHEREAS, an uninsured vehicle enforcement program would
   55  give a vehicle owner the opportunity to choose vehicle insurance
   56  that meets his or her needs, and
   57         WHEREAS, reducing the number of cases involving the justice
   58  system will reduce the fiscal impact of uninsured motorists on
   59  the state, and
   60         WHEREAS, the collection of citation and diversion fees from
   61  those who have violated motor vehicle insurance laws under the
   62  uninsured vehicle enforcement program would reduce the tax
   63  burden on all Floridians, and
   64         WHEREAS, similar enforcement programs implemented elsewhere
   65  have demonstrated that they are effective at increasing safety
   66  and reducing burdens on the justice system, and
   67         WHEREAS, other state legislatures are considering enacting
   68  similar legislation in 2021, NOW, THEREFORE,
   70  Be It Enacted by the Legislature of the State of Florida:
   72         Section 1. Present subsections (4) through (105) of section
   73  316.003, Florida Statutes, are redesignated as subsections (5)
   74  through (106), respectively, a new subsection (4) is added to
   75  that section, and present subsection (62) of that section is
   76  amended, to read:
   77         316.003 Definitions.—The following words and phrases, when
   78  used in this chapter, shall have the meanings respectively
   79  ascribed to them in this section, except where the context
   80  otherwise requires:
   81         (4)AUTOMATIC LICENSE PLATE READER SYSTEM.—A system of one
   82  or more mobile or fixed cameras that capture images of
   83  registration plates to which computer algorithms are applied to
   84  convert those images into computer-readable data.
   85         (63)(62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   86  provided in paragraph (85)(b) (84)(b), any privately owned way
   87  or place used for vehicular travel by the owner and those having
   88  express or implied permission from the owner, but not by other
   89  persons.
   90         Section 2. Subsection (9) is added to section 316.008,
   91  Florida Statutes, to read:
   92         316.008 Powers of local authorities.—
   93         (9)In coordination with the Department of Highway Safety
   94  and Motor Vehicles and the Department of Transportation, a
   95  county, in any unincorporated area of that county, or a
   96  municipality, within the incorporated area of that municipality,
   97  may install, or may authorize by contract or interlocal
   98  agreement installation of, an automatic license plate reader
   99  system on streets and highways under its jurisdiction to enforce
  100  the Uninsured Vehicle Enforcement Program established under s.
  101  316.647.
  102         Section 3. Section 316.647, Florida Statutes, is created to
  103  read:
  104         316.647 Uninsured Vehicle Enforcement Program.—
  105         (1)The department shall establish the Uninsured Vehicle
  106  Enforcement Program. The purpose of the program is to enhance
  107  public safety through increased compliance with chapter 324.
  108         (2)(a)The department, in coordination with the Department
  109  of Transportation, shall install and operate automatic license
  110  plate reader systems on infrastructure, including, but not
  111  limited to, traffic signal poles and supports, highway sign
  112  support structures, bridges, and overpasses. The installation of
  113  the systems must make use of electrical power available on such
  114  infrastructure.
  115         (b)The department shall coordinate with municipalities and
  116  counties in such installation as provided in s. 316.008(9).
  117         (c)The department may use automatic license plate reader
  118  systems to access and collect data for the investigation,
  119  detection, analysis, or enforcement of compliance with chapter
  120  324.
  121         (3)The program must include all of the following:
  122         (a)A system for matching a vehicle identified by an
  123  automatic license plate reader system with insurance data held
  124  by the department for registered vehicles.
  125         (b)Appropriate safeguards and controls to prevent misuse
  126  or unauthorized access.
  127         (c)A disaster recovery plan to ensure service continuity
  128  in the event of a disaster.
  129         (d)A process for notifying the owner of record of a
  130  vehicle who has been identified as not being in compliance with
  131  chapter 324.
  132         (4)The department may contract with an entity to provide
  133  necessary technology, equipment, and maintenance for the program
  134  and arrange for required updates and maintenance of system
  135  software and for the analysis of the system’s data and the
  136  system’s operational performance and effectiveness.
  137         (5)A law enforcement officer may verify by sworn
  138  affidavit, which affidavit constitutes probable cause for
  139  prosecution under applicable state law, that:
  140         (a) A photograph generated by an automatic license plate
  141  reader system unit identifies a particular vehicle operating on
  142  or having been operated on a public road, highway, street, or
  143  turnpike or any other public place or upon any private road or
  144  driveway that provides access to a single-family or multifamily
  145  dwelling; and
  146         (b) The data held by the department shows that the vehicle
  147  was uninsured at the time such vehicle was being operated.
  148         (6)(a)Data collected or retained through the use of an
  149  automated license plate reader system under the program must be
  150  retained by a law enforcement agency when the data is being used
  151  as evidence of a violation of chapter 324; however, when the
  152  data is no longer needed as evidence of a violation, the data
  153  must be deleted or destroyed.
  154         (b)Data collected or retained through the use of an
  155  automated license plate reader system may not be used by any
  156  individual or agency for purposes other than for traffic safety
  157  or traffic monitoring. A law enforcement agency or any other
  158  entity authorized to operate under this program may not sell
  159  captured license plate data for any purpose or share such data
  160  for any purpose not expressly authorized by this section.
  161         (7)By September 15 of each year following the
  162  implementation of the program, the department shall publish a
  163  report on the operation of the program during the previous
  164  fiscal year. An electronic copy of the report must be
  165  distributed to the President of the Senate and the Speaker of
  166  the House of Representatives. The report must include an
  167  evaluation of program operations and may include any information
  168  and recommendations for improvement of the program deemed
  169  appropriate by the department.
  170         (8)This section does not apply to, and may not be
  171  construed or interpreted to prohibit the use of, any other
  172  automated license plate reader system by an individual or a
  173  private legal entity for purposes not otherwise prohibited by
  174  law.
  175         (9)The department may adopt rules to administer this
  176  section.
  177         Section 4. Paragraph (c) of subsection (1) of section
  178  212.05, Florida Statutes, is amended to read:
  179         212.05 Sales, storage, use tax.—It is hereby declared to be
  180  the legislative intent that every person is exercising a taxable
  181  privilege who engages in the business of selling tangible
  182  personal property at retail in this state, including the
  183  business of making mail order sales, or who rents or furnishes
  184  any of the things or services taxable under this chapter, or who
  185  stores for use or consumption in this state any item or article
  186  of tangible personal property as defined herein and who leases
  187  or rents such property within the state.
  188         (1) For the exercise of such privilege, a tax is levied on
  189  each taxable transaction or incident, which tax is due and
  190  payable as follows:
  191         (c) At the rate of 6 percent of the gross proceeds derived
  192  from the lease or rental of tangible personal property, as
  193  defined herein; however, the following special provisions apply
  194  to the lease or rental of motor vehicles:
  195         1. When a motor vehicle is leased or rented for a period of
  196  less than 12 months:
  197         a. If the motor vehicle is rented in Florida, the entire
  198  amount of such rental is taxable, even if the vehicle is dropped
  199  off in another state.
  200         b. If the motor vehicle is rented in another state and
  201  dropped off in Florida, the rental is exempt from Florida tax.
  202         2. Except as provided in subparagraph 3., for the lease or
  203  rental of a motor vehicle for a period of not less than 12
  204  months, sales tax is due on the lease or rental payments if the
  205  vehicle is registered in this state; provided, however, that no
  206  tax shall be due if the taxpayer documents use of the motor
  207  vehicle outside this state and tax is being paid on the lease or
  208  rental payments in another state.
  209         3. The tax imposed by this chapter does not apply to the
  210  lease or rental of a commercial motor vehicle as defined in s.
  211  316.003(14)(a) s. 316.003(13)(a) to one lessee or rentee for a
  212  period of not less than 12 months when tax was paid on the
  213  purchase price of such vehicle by the lessor. To the extent tax
  214  was paid with respect to the purchase of such vehicle in another
  215  state, territory of the United States, or the District of
  216  Columbia, the Florida tax payable shall be reduced in accordance
  217  with the provisions of s. 212.06(7). This subparagraph shall
  218  only be available when the lease or rental of such property is
  219  an established business or part of an established business or
  220  the same is incidental or germane to such business.
  221         Section 5. Paragraph (a) of subsection (3) of section
  222  316.306, Florida Statutes, is amended to read:
  223         316.306 School and work zones; prohibition on the use of a
  224  wireless communications device in a handheld manner.—
  225         (3)(a)1. A person may not operate a motor vehicle while
  226  using a wireless communications device in a handheld manner in a
  227  designated school crossing, school zone, or work zone area as
  228  defined in s. 316.003(106) s. 316.003(105). This subparagraph
  229  shall only be applicable to work zone areas if construction
  230  personnel are present or are operating equipment on the road or
  231  immediately adjacent to the work zone area. For the purposes of
  232  this paragraph, a motor vehicle that is stationary is not being
  233  operated and is not subject to the prohibition in this
  234  paragraph.
  235         2.a. During the period from October 1, 2019, through
  236  December 31, 2019, a law enforcement officer may stop motor
  237  vehicles to issue verbal or written warnings to persons who are
  238  in violation of subparagraph 1. for the purposes of informing
  239  and educating such persons of this section. This sub
  240  subparagraph shall stand repealed on October 1, 2020.
  241         b. Effective January 1, 2020, a law enforcement officer may
  242  stop motor vehicles and issue citations to persons who are
  243  driving while using a wireless communications device in a
  244  handheld manner in violation of subparagraph 1.
  245         Section 6. Subsection (1) of section 655.960, Florida
  246  Statutes, is amended to read:
  247         655.960 Definitions; ss. 655.960-655.965.—As used in this
  248  section and ss. 655.961-655.965, unless the context otherwise
  249  requires:
  250         (1) “Access area” means any paved walkway or sidewalk which
  251  is within 50 feet of any automated teller machine. The term does
  252  not include any street or highway open to the use of the public,
  253  as defined in s. 316.003(85)(a) or (b) s. 316.003(84)(a) or (b),
  254  including any adjacent sidewalk, as defined in s. 316.003.
  255         Section 7. This act shall take effect July 1, 2021.