Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1252
       
       
       
       
       
       
                                Ì696464EÎ696464                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2023           .                                
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       The Committee on Fiscal Policy (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) of section
    6  207.004, Florida Statutes, is amended to read:
    7         207.004 Registration of motor carriers; identifying
    8  devices; fees; renewals; temporary fuel-use permits and
    9  driveaway permits.—
   10         (1)(a) A No motor carrier may not shall operate or cause to
   11  be operated in this state any commercial motor vehicle, other
   12  than a Florida-based commercial motor vehicle that travels
   13  Florida intrastate mileage only, that uses diesel fuel or motor
   14  fuel until such carrier has registered with the department or
   15  has registered under a cooperative reciprocal agreement as
   16  described in s. 207.0281, after such time as this state enters
   17  into such agreement, and has been issued an identifying device
   18  or such carrier has been issued a permit as authorized under
   19  subsections (4) and (5) for each vehicle operated. The fee for
   20  each such identifying device issued is There shall be a fee of
   21  $4 per year or any fraction thereof for each such identifying
   22  device issued. The identifying device must shall be provided by
   23  the department and must be conspicuously displayed on the
   24  commercial motor vehicle as prescribed by the department while
   25  it is being operated on the public highways of this state. The
   26  transfer of an identifying device from one vehicle to another
   27  vehicle or from one motor carrier to another motor carrier is
   28  prohibited. The department or its authorized agent shall issue
   29  licenses and fuel tax decals.
   30         Section 2. Effective July 1, 2025, section 316.066, Florida
   31  Statutes, as amended by section 1 of chapter 2022-198, Laws of
   32  Florida, is amended to read:
   33         316.066 Written reports of crashes; electronic submission.—
   34         (1)(a) All entities required to submit crash reports must
   35  provide uniform crash reports by electronic means to the
   36  department using a nonproprietary, interchangeable electronic
   37  form and reporting method. For purposes of this paragraph, the
   38  term “nonproprietary means commonly used and commercially
   39  available report formats and reporting methods. Such crash
   40  reports must be consistent with state traffic crash manual rules
   41  and with procedures established by the department and must be
   42  appropriately numbered and inventoried. A Florida Traffic Crash
   43  Report, Long Form must be completed and electronically submitted
   44  to the department within 10 days after an investigation is
   45  completed by the law enforcement officer who in the regular
   46  course of duty investigates a motor vehicle crash that:
   47         1. Resulted in death of, personal injury to, or any
   48  indication of complaints of pain or discomfort by any of the
   49  parties or passengers involved in the crash;
   50         2. Involved a violation of s. 316.061(1) or s. 316.193;
   51         3. Rendered a vehicle inoperable to a degree that required
   52  a wrecker to remove it from the scene of the crash; or
   53         4. Involved a commercial motor vehicle.
   54         (b) The Florida Traffic Crash Report, Long Form must
   55  include:
   56         1. The date, time, and location of the crash.
   57         2. A description of the vehicles involved.
   58         3. The names and addresses of the parties involved,
   59  including all drivers and passengers, and the identification of
   60  the vehicle in which each was a driver or a passenger.
   61         4. The names and addresses of witnesses.
   62         5. The name, badge number, and law enforcement agency of
   63  the officer investigating the crash.
   64         6. The names of the insurance companies for the respective
   65  parties involved in the crash.
   66         (c) In any crash for which a Florida Traffic Crash Report,
   67  Long Form is not required by this section and which occurs on
   68  the public roadways of this state, the law enforcement officer
   69  shall complete a short-form crash report or provide a driver
   70  exchange-of-information form, to be completed by all drivers and
   71  passengers involved in the crash, which requires the
   72  identification of each vehicle that the drivers and passengers
   73  were in. The short-form report must include:
   74         1. The date, time, and location of the crash.
   75         2. A description of the vehicles involved.
   76         3. The names and addresses of the parties involved,
   77  including all drivers and passengers, and the identification of
   78  the vehicle in which each was a driver or a passenger.
   79         4. The names and addresses of witnesses.
   80         5. The name, badge number, and law enforcement agency of
   81  the officer investigating the crash.
   82         6. The names of the insurance companies for the respective
   83  parties involved in the crash.
   84         (d) Each party to the crash must provide the law
   85  enforcement officer with proof of insurance, which must be
   86  documented in the crash report. If a law enforcement officer
   87  submits a report on the crash, proof of insurance must be
   88  provided to the officer by each party involved in the crash. Any
   89  party who fails to provide the required information commits a
   90  noncriminal traffic infraction, punishable as a nonmoving
   91  violation as provided in chapter 318, unless the officer
   92  determines that due to injuries or other special circumstances
   93  such insurance information cannot be provided immediately. If
   94  the person provides the law enforcement agency, within 24 hours
   95  after the crash, proof of insurance that was valid at the time
   96  of the crash, the law enforcement agency may void the citation.
   97         (e) The driver of a vehicle that was in any manner involved
   98  in a crash resulting in damage to a vehicle or other property
   99  which does not require a law enforcement report shall, within 10
  100  days after the crash, submit a written report of the crash to
  101  the department. The report must shall be submitted on a form
  102  approved by the department.
  103         (f) Long-form and short-form crash reports prepared by law
  104  enforcement must be submitted to the department and may be
  105  maintained by the law enforcement officer’s agency.
  106         (2)(a) Crash reports that reveal the identity, home or
  107  employment telephone number or home or employment address of, or
  108  other personal information concerning the parties involved in
  109  the crash and that are held by an agency, as defined in s.
  110  119.011, are confidential and exempt from s. 119.07(1) and s.
  111  24(a), Art. I of the State Constitution for a period of 60 days
  112  after the date the report is filed.
  113         (b) Crash reports held by an agency under paragraph (a) may
  114  be made immediately available to the parties involved in the
  115  crash, their legal representatives, their licensed insurance
  116  agents, their insurers or insurers to which they have applied
  117  for coverage, persons under contract with such insurers to
  118  provide claims or underwriting information, law enforcement
  119  agencies and their contracted service providers, victim services
  120  programs, and any federal, state, or local governmental agency
  121  or any private person or entity acting on behalf of a federal,
  122  state, or local governmental agency in carrying out its
  123  functions, but not for redistribution to any person or entity
  124  not listed in this subsection. Crash reports held by an agency
  125  under paragraph (a) which do not contain the home or employment
  126  street addresses, driver license or identification card numbers,
  127  dates of birth, and home and employment telephone numbers of the
  128  parties involved in the crash shall be made immediately
  129  available to radio and television stations licensed by the
  130  Federal Communications Commission and newspapers qualified to
  131  publish legal notices under ss. 50.011 and 50.031. A crash
  132  report may also be made available to any third party acting on
  133  behalf of a person or entity authorized under this section to
  134  access the crash report, except that the third party may
  135  disclose the crash report only to the person or entity
  136  authorized to access the crash report under this section on
  137  whose behalf the third party has sought the report. This section
  138  shall not prevent an agency, pursuant to a memorandum of
  139  understanding, from providing data derived from crash reports to
  140  a third party solely for the purpose of identifying vehicles
  141  involved in crashes if such data does not reveal the identity,
  142  home or employment telephone number or home or employment
  143  address, or other personal information of the parties involved
  144  in the crash.
  145         (c) Any local, state, or federal agency that is authorized
  146  to have access to crash reports by any provision of law shall be
  147  granted such access in the furtherance of the agency’s statutory
  148  duties.
  149         (d) As a condition precedent to accessing a crash report, a
  150  person must present a valid driver license or other photographic
  151  identification, proof of status, or identification that
  152  demonstrates his or her qualifications to access that
  153  information and file a written sworn statement with the state or
  154  local agency in possession of the information stating that
  155  information from a crash report made confidential and exempt by
  156  this section will not be used for any commercial solicitation of
  157  accident victims or knowingly disclosed to any third party for
  158  the purpose of such solicitation. Such written sworn statement
  159  must be completed and sworn to by the requesting party for each
  160  individual crash report that is being requested. In lieu of
  161  requiring the written sworn statement, an agency may provide
  162  crash reports by electronic means pursuant to a memorandum of
  163  understanding to third-party vendors under contract with one or
  164  more insurers, but only when such contract states that
  165  information from a crash report made confidential and exempt by
  166  this section will not be used for any commercial solicitation of
  167  accident victims by the vendors, or knowingly disclosed by the
  168  vendors to any third party for the purpose of such solicitation,
  169  and only when a copy of such contract is furnished to the agency
  170  as proof of the vendor’s claimed status.
  171         (e) This subsection does not prevent the dissemination or
  172  publication of news to the general public by any legitimate
  173  media entitled to access confidential and exempt information
  174  pursuant to this section.
  175         (f) Crash reports held by an agency under paragraph (a) may
  176  be made available 60 days after the date the report is filed to
  177  any person or entity eligible to access crash reports under
  178  paragraph (b) or in accordance with any of the permissible uses
  179  listed in 18 U.S.C. s. 2721(b) and pursuant to the resale and
  180  redisclosure requirements in 18 U.S.C. s. 2721(c).
  181         (g) If crash reports are created by or submitted to an
  182  agency electronically as data elements within a computerized
  183  database or if personal information from a crash report is
  184  entered into a computerized database, such crash data held by an
  185  agency is confidential and exempt from s. 119.07(1) and s.
  186  24(a), Art. I of the State Constitution. Sixty days after the
  187  date the crash report is filed, an agency may provide crash data
  188  derived from the crash report which includes personal
  189  information to entities eligible to access the crash report
  190  under paragraph (b), or in accordance with any of the
  191  permissible uses listed in 18 U.S.C. s. 2721(b) and pursuant to
  192  the resale and redisclosure requirements in 18 U.S.C. s.
  193  2721(c). Such data shall be provided pursuant to a memorandum of
  194  understanding.
  195         (h) This subsection is subject to the Open Government
  196  Sunset Review Act in accordance with s. 119.15 and shall stand
  197  repealed on October 2, 2027, unless reviewed and saved from
  198  repeal through reenactment by the Legislature.
  199         (3)(a) Any driver failing to file the written report
  200  required under subsection (1) commits a noncriminal traffic
  201  infraction, punishable as a nonmoving violation as provided in
  202  chapter 318.
  203         (b) Any employee of a state or local agency in possession
  204  of information made confidential and exempt by this section who
  205  knowingly discloses such confidential and exempt information to
  206  a person not entitled to access such information under this
  207  section commits a felony of the third degree, punishable as
  208  provided in s. 775.082, s. 775.083, or s. 775.084.
  209         (c) Any person, knowing that he or she is not entitled to
  210  obtain information made confidential and exempt by this section,
  211  who obtains or attempts to obtain such information commits a
  212  felony of the third degree, punishable as provided in s.
  213  775.082, s. 775.083, or s. 775.084.
  214         (d) Any person who knowingly uses confidential and exempt
  215  information in violation of a filed written sworn statement,
  216  memorandum of understanding, or contractual agreement required
  217  by this section commits a felony of the third degree, punishable
  218  as provided in s. 775.082, s. 775.083, or s. 775.084.
  219         (e) In addition to penalties outlined in paragraphs (c) and
  220  (d), a person who obtains a crash report or crash data and who
  221  knowingly discloses or knowingly uses personal information
  222  revealed in the report for a purpose not permitted under 18
  223  U.S.C. s. 2721(b) is liable to the individual to whom the
  224  information pertains, who may bring a civil action in any court
  225  of competent jurisdiction. The court may award:
  226         1. Actual damages, but not less than liquidated damages in
  227  the amount of $2,500.
  228         2. Punitive damages upon proof of willful or reckless
  229  disregard of the law.
  230         3. Reasonable attorney fees and other litigation costs
  231  reasonably incurred.
  232         4. Such other preliminary and equitable relief as the court
  233  determines to be appropriate.
  234  
  235  This paragraph does not apply to radio and television stations
  236  licensed by the Federal Communications Commission and newspapers
  237  qualified to publish legal notices under ss. 50.011 and 50.031.
  238         (4) Except as specified in this subsection, each crash
  239  report made by a person involved in a crash and any statement
  240  made by such person to a law enforcement officer for the purpose
  241  of completing a crash report required by this section must shall
  242  be without prejudice to the individual so reporting. Such report
  243  or statement may not be used as evidence in any trial, civil or
  244  criminal. However, subject to the applicable rules of evidence,
  245  a law enforcement officer at a criminal trial may testify as to
  246  any statement made to the officer by the person involved in the
  247  crash if that person’s privilege against self-incrimination is
  248  not violated. The results of breath, urine, and blood tests
  249  administered as provided in s. 316.1932 or s. 316.1933 are not
  250  confidential and are admissible into evidence in accordance with
  251  the provisions of s. 316.1934(2).
  252         (5) A law enforcement officer, as defined in s. 943.10(1),
  253  may enforce this section.
  254         Section 3. The Legislature finds that a proper and
  255  legitimate purpose is served when crash reports required under
  256  s. 316.066, Florida Statutes, are filed electronically with the
  257  Department of Highway Safety and Motor Vehicles by all entities
  258  required to submit crash reports. Electronic filing will
  259  expedite the availability of crash reports to the persons
  260  authorized to receive them, simplify the process of making crash
  261  reports available, and expedite the availability of information
  262  derived from crash reports to improve highway safety. The
  263  requirement of this act that complete crash reports be submitted
  264  electronically to the Department of Highway Safety and Motor
  265  Vehicles applies to all law enforcement agencies that prepare
  266  crash reports submit the completed crash reports electronically
  267  to the Department of Highway Safety and Motor Vehicles applies
  268  to all similarly situated persons, including school district law
  269  enforcement agencies, state university law enforcement agencies,
  270  and state law enforcement agencies. Therefore, the Legislature
  271  determines and declares that the amendments made by this act to
  272  s. 316.066, Florida Statutes, fulfill an important state
  273  interest.
  274         Section 4. Paragraph (b) of subsection (1) of section
  275  316.2935, Florida Statutes, is amended to read:
  276         316.2935 Air pollution control equipment; tampering
  277  prohibited; penalty.—
  278         (1)
  279         (b) At the time of sale, lease, or transfer of title of a
  280  motor vehicle, the seller, lessor, or transferor shall certify
  281  in writing to the purchaser, lessee, or transferee that the air
  282  pollution control equipment of the motor vehicle has not been
  283  tampered with by the seller, lessor, or transferor or their
  284  agents, employees, or other representatives. A licensed motor
  285  vehicle dealer shall also visually observe those air pollution
  286  control devices listed by department rule pursuant to subsection
  287  (7), and certify that they are in place, and appear properly
  288  connected and undamaged. Such certification may shall not be
  289  deemed or construed as a warranty that the pollution control
  290  devices of the subject vehicle are in functional condition, nor
  291  does the execution or delivery of this certification create by
  292  itself grounds for a cause of action between the parties to this
  293  transaction. This paragraph does not apply if the purchaser of
  294  the motor vehicle is a lessee purchasing the leased motor
  295  vehicle or if the licensed motor vehicle dealer is not in
  296  possession of the motor vehicle at the time of sale.
  297         Section 5. Paragraphs (a), (b), and (e) of subsection (1),
  298  paragraph (d) of subsection (2), and subsection (9) of section
  299  316.302, Florida Statutes, are amended to read:
  300         316.302 Commercial motor vehicles; safety regulations;
  301  transporters and shippers of hazardous materials; enforcement.—
  302         (1)(a) All owners and drivers of commercial motor vehicles
  303  that are operated on the public highways of this state while
  304  engaged in interstate commerce are subject to the rules and
  305  regulations contained in 49 C.F.R. parts 382, 383, 384, 385,
  306  386, and 390-397.
  307         (b) Except as otherwise provided in this section, all
  308  owners and drivers of commercial motor vehicles that are engaged
  309  in intrastate commerce are subject to the rules and regulations
  310  contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390
  311  397, as such rules and regulations existed on December 31, 2022
  312  2020.
  313         (e) A person who operates a commercial motor vehicle solely
  314  in intrastate commerce which does not transport hazardous
  315  materials in amounts that require placarding pursuant to 49
  316  C.F.R. part 172 need not comply with the requirements of
  317  electronic logging devices and hours of service supporting
  318  documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
  319  until December 31, 2019.
  320         (2)
  321         (d) A person who operates a commercial motor vehicle solely
  322  in intrastate commerce not transporting any hazardous material
  323  in amounts that require placarding pursuant to 49 C.F.R. part
  324  172 within a 150 air-mile radius of the location where the
  325  vehicle is based need not comply with 49 C.F.R. ss. 395.8 and
  326  395.11 49 C.F.R. s. 395.8 if the requirements of 49 C.F.R. s.
  327  395.1(e)(1)(iii) and (iv) 49 C.F.R. s. 395.1(e)(1) (ii),
  328  (iii)(A) and (C), and (v) are met.
  329         (9) For the purpose of enforcing this section, any law
  330  enforcement officer of the Department of Highway Safety and
  331  Motor Vehicles or duly appointed agent who holds a current
  332  safety inspector certification from the Commercial Vehicle
  333  Safety Alliance may require the driver of any commercial vehicle
  334  operated on the highways of this state to stop and submit to an
  335  inspection of the vehicle or the driver’s records. If the
  336  vehicle or driver is found to be operating in an unsafe
  337  condition, or if any required part or equipment is not present
  338  or is not in proper repair or adjustment, and the continued
  339  operation would present an unduly hazardous operating condition,
  340  the officer or agent may require the vehicle or the driver to be
  341  removed from service pursuant to the North American Standard
  342  Out-of-Service Criteria, until corrected. However, if continuous
  343  operation would not present an unduly hazardous operating
  344  condition, the officer or agent may give written notice
  345  requiring correction of the condition within 15 days.
  346         (a) Any member of the Florida Highway Patrol or any law
  347  enforcement officer employed by a sheriff’s office or municipal
  348  police department authorized to enforce the traffic laws of this
  349  state pursuant to s. 316.640 who has reason to believe that a
  350  vehicle or driver is operating in an unsafe condition may, as
  351  provided in subsection (11), enforce the provisions of this
  352  section.
  353         (b) Any person who fails to comply with a an officer’s
  354  request to submit to an inspection under this subsection commits
  355  a violation of s. 843.02 if the person resists the officer
  356  without violence or a violation of s. 843.01 if the person
  357  resists the officer with violence.
  358         Section 6. Paragraphs (b) and (c) of subsection (1) of
  359  section 319.14, Florida Statutes, are amended to read:
  360         319.14 Sale of motor vehicles registered or used as
  361  taxicabs, police vehicles, lease vehicles, rebuilt vehicles,
  362  nonconforming vehicles, custom vehicles, or street rod vehicles;
  363  conversion of low-speed vehicles.—
  364         (1)
  365         (b) A person may not knowingly offer for sale, sell, or
  366  exchange a rebuilt vehicle until the department has stamped in a
  367  conspicuous place on the certificate of title for the vehicle
  368  words stating that the vehicle has been rebuilt or assembled
  369  from parts, or is a kit car, glider kit, replica, flood vehicle,
  370  custom vehicle, or street rod vehicle unless proper application
  371  for a certificate of title for a vehicle that is rebuilt or
  372  assembled from parts, or is a kit car, glider kit, replica,
  373  flood vehicle, custom vehicle, or street rod vehicle has been
  374  made to the department in accordance with this chapter and the
  375  department has conducted the physical examination of the vehicle
  376  to assure the identity of the vehicle and all major component
  377  parts, as defined in s. 319.30(1), which have been repaired or
  378  replaced. If a vehicle is identified as a flood vehicle, the
  379  words stamped on the certificate of title must identify the type
  380  of water that caused damage to the vehicle as “salt water,”
  381  “fresh water,” or “other or unknown water type,” as applicable.
  382  Thereafter, the department shall affix a decal to the vehicle,
  383  in the manner prescribed by the department, showing the vehicle
  384  to be rebuilt.
  385         (c) As used in this section, the term:
  386         9.1. “Police vehicle” means a motor vehicle owned or leased
  387  by the state or a county or municipality and used in law
  388  enforcement.
  389         13.2.a. “Short-term-lease vehicle” means a motor vehicle
  390  leased without a driver and under a written agreement to one or
  391  more persons from time to time for a period of less than 12
  392  months.
  393         7.b. “Long-term-lease vehicle” means a motor vehicle leased
  394  without a driver and under a written agreement to one person for
  395  a period of 12 months or longer.
  396         6.c. “Lease vehicle” includes both short-term-lease
  397  vehicles and long-term-lease vehicles.
  398         10.3. “Rebuilt vehicle” means a motor vehicle or mobile
  399  home built from salvage or junk, as defined in s. 319.30(1).
  400         1.4. “Assembled from parts” means a motor vehicle or mobile
  401  home assembled from parts or combined from parts of motor
  402  vehicles or mobile homes, new or used. The term “assembled from
  403  parts” does not include mean a motor vehicle defined as a
  404  “rebuilt vehicle” as defined in subparagraph 10. in subparagraph
  405  3., which has been declared a total loss pursuant to s. 319.30.
  406         5. “Kit car” means a motor vehicle assembled with a kit
  407  supplied by a manufacturer to rebuild a wrecked or outdated
  408  motor vehicle with a new body kit.
  409         4.6. “Glider kit” means a vehicle assembled with a kit
  410  supplied by a manufacturer to rebuild a wrecked or outdated
  411  truck or truck tractor.
  412         11.7. “Replica” means a complete new motor vehicle
  413  manufactured to look like an old vehicle.
  414         3.8. “Flood vehicle” means a motor vehicle or mobile home
  415  that has been declared to be a total loss pursuant to s.
  416  319.30(3)(a) resulting from damage caused by salt water, fresh
  417  water, or other or unknown type of water.
  418         8.9. “Nonconforming vehicle” means a motor vehicle that
  419  which has been purchased by a manufacturer pursuant to a
  420  settlement, determination, or decision under chapter 681.
  421         12.10. “Settlement” means an agreement entered into between
  422  a manufacturer and a consumer which that occurs after a dispute
  423  is submitted to a program, or to an informal dispute settlement
  424  procedure established by a manufacturer, or is approved for
  425  arbitration before the Florida New Motor Vehicle Arbitration
  426  Board as defined in s. 681.102.
  427         2.11. “Custom vehicle” means a motor vehicle that:
  428         a. Is 25 years of age or older and of a model year after
  429  1948 or was manufactured to resemble a vehicle that is 25 years
  430  of age or older and of a model year after 1948; and
  431         b. Has been altered from the manufacturer’s original design
  432  or has a body constructed from nonoriginal materials.
  433  
  434  The model year and year of manufacture that the body of a custom
  435  vehicle resembles is the model year and year of manufacture
  436  listed on the certificate of title, regardless of when the
  437  vehicle was actually manufactured.
  438         14.12. “Street rod” means a motor vehicle that:
  439         a. Is of a model year of 1948 or older or was manufactured
  440  after 1948 to resemble a vehicle of a model year of 1948 or
  441  older; and
  442         b. Has been altered from the manufacturer’s original design
  443  or has a body constructed from nonoriginal materials.
  444  
  445  The model year and year of manufacture that the body of a street
  446  rod resembles is the model year and year of manufacture listed
  447  on the certificate of title, regardless of when the vehicle was
  448  actually manufactured.
  449         Section 7. Subsection (3) of section 319.23, Florida
  450  Statutes, is amended to read:
  451         319.23 Application for, and issuance of, certificate of
  452  title.—
  453         (3) If a certificate of title has not previously been
  454  issued for a motor vehicle or mobile home in this state, the
  455  application must, unless otherwise provided for in this chapter,
  456  shall be accompanied by a proper bill of sale or sworn statement
  457  of ownership, or a duly certified copy thereof, or by a
  458  certificate of title, bill of sale, or other evidence of
  459  ownership required by the law of the state or country county
  460  from which the motor vehicle or mobile home was brought into
  461  this state. The application must shall also be accompanied by:
  462         (a)1. A sworn affidavit from the seller and purchaser
  463  verifying that the vehicle identification number shown on the
  464  affidavit is identical to the vehicle identification number
  465  shown on the motor vehicle; or
  466         2. An appropriate departmental form evidencing that a
  467  physical examination has been made of the motor vehicle by the
  468  owner and by a duly constituted law enforcement officer in any
  469  state, a licensed motor vehicle dealer, a license inspector as
  470  provided by s. 320.58, or a notary public commissioned by this
  471  state and that the vehicle identification number shown on such
  472  form is identical to the vehicle identification number shown on
  473  the motor vehicle; and
  474         (b) If the vehicle is a used car original, a sworn
  475  affidavit from the owner verifying that the odometer reading
  476  shown on the affidavit is identical to the odometer reading
  477  shown on the motor vehicle in accordance with the requirements
  478  of 49 C.F.R. s. 580.5 at the time that application for title is
  479  made. For the purposes of this section, the term “used car
  480  original” means a used vehicle coming into and being titled in
  481  this state for the first time.
  482         (c) If the vehicle is an ancient or antique vehicle, as
  483  defined in s. 320.086, the application must shall be accompanied
  484  by a certificate of title; a bill of sale and a registration; or
  485  a bill of sale and an affidavit by the owner defending the title
  486  from all claims. The bill of sale must contain a complete
  487  vehicle description to include the vehicle identification or
  488  engine number, year make, color, selling price, and signatures
  489  of the seller and purchaser.
  490  
  491  Verification of the vehicle identification number is not
  492  required for any new motor vehicle; any mobile home; any trailer
  493  or semitrailer with a net weight of less than 2,000 pounds; or
  494  any travel trailer, camping trailer, truck camper, or fifth
  495  wheel recreation trailer.
  496         Section 8. Present paragraphs (c) and (d) of subsection (1)
  497  of section 319.28, Florida Statutes, are redesignated as
  498  paragraphs (d) and (e), respectively, and a new paragraph (c) is
  499  added to that subsection, to read:
  500         319.28 Transfer of ownership by operation of law.—
  501         (1)
  502         (c)If the previous owner died testate and the application
  503  for a certificate of title is made by, and accompanied by an
  504  affidavit attested by, a Florida-licensed attorney in good
  505  standing with The Florida Bar who represents the previous
  506  owner’s estate, such affidavit, for purposes of paragraph (a),
  507  constitutes satisfactory proof of ownership and right of
  508  possession to the motor vehicle or mobile home, so long as the
  509  affidavit sets forth the rightful heir or heirs and the attorney
  510  attests in the affidavit that such heir or heirs are lawfully
  511  entitled to the rights of ownership and possession of the motor
  512  vehicle or mobile home. The application for certificate of title
  513  filed under this paragraph is not required to be accompanied by
  514  a copy of the will or other testamentary instrument.
  515         Section 9. Subsection (3) of section 319.29, Florida
  516  Statutes, is amended to read:
  517         319.29 Lost or destroyed certificates.—
  518         (3) If, following the issuance of an original, duplicate,
  519  or corrected certificate of title by the department, the
  520  certificate is lost in transit and is not delivered to the
  521  addressee, the owner of the motor vehicle or mobile home, or the
  522  holder of a lien thereon, may, within 180 days after of the date
  523  of issuance of the title, apply to the department for reissuance
  524  of the certificate of title. An No additional fee may not shall
  525  be charged by the department or a tax collector, as agent for
  526  the department, for reissuance under this subsection.
  527         Section 10. Paragraphs (g) and (j) of subsection (1) and
  528  subsection (9) of section 319.30, Florida Statutes, are amended,
  529  and paragraph (y) is added to subsection (1) of that section, to
  530  read:
  531         319.30 Definitions; dismantling, destruction, change of
  532  identity of motor vehicle or mobile home; salvage.—
  533         (1) As used in this section, the term:
  534         (g) “Independent entity” means a business or entity that
  535  may temporarily store damaged or dismantled motor vehicles or
  536  vessels pursuant to an agreement with an insurance company and
  537  is engaged in the sale or resale of damaged or dismantled motor
  538  vehicles or vessels. The term does not include a wrecker
  539  operator, a towing company, or a repair facility.
  540         (j) “Major component parts” means:
  541         1. For motor vehicles other than motorcycles and electric,
  542  hybrid, or plug-in hybrid motor vehicles, any fender, hood,
  543  bumper, cowl assembly, rear quarter panel, trunk lid, door,
  544  decklid, floor pan, engine, frame, transmission, catalytic
  545  converter, or airbag.
  546         2. For trucks, other than electric, hybrid, or plug-in
  547  hybrid motor vehicles, in addition to those parts listed in
  548  subparagraph 1., any truck bed, including dump, wrecker, crane,
  549  mixer, cargo box, or any bed which mounts to a truck frame.
  550         3. For motorcycles, the body assembly, frame, fenders, gas
  551  tanks, engine, cylinder block, heads, engine case, crank case,
  552  transmission, drive train, front fork assembly, and wheels.
  553         4. For mobile homes, the frame.
  554         5.For electric, hybrid, or plug-in hybrid motor vehicles,
  555  any fender, hood, bumper, cowl assembly, rear quarter panel,
  556  trunk lid, door, decklid, floor pan, engine, electric traction
  557  motor, frame, transmission or electronic transmission, charge
  558  port, DC power converter, onboard charger, power electronics
  559  controller, thermal system, traction battery pack, catalytic
  560  converter, or airbag.
  561         (y)“Vessel” has the same meaning as provided in s.
  562  713.78(1)(b).
  563         (9)(a) An insurance company may notify an independent
  564  entity that obtains possession of a damaged or dismantled motor
  565  vehicle or vessel to release the vehicle or vessel to the owner.
  566  The insurance company shall provide the independent entity a
  567  release statement on a form prescribed by the department
  568  authorizing the independent entity to release the vehicle or
  569  vessel to the owner or lienholder. The form must, at a minimum,
  570  contain the following:
  571         1. The policy and claim number.
  572         2. The name and address of the insured.
  573         3. The vehicle identification number or vessel hull
  574  identification number.
  575         4. The signature of an authorized representative of the
  576  insurance company.
  577         (b) The independent entity in possession of a motor vehicle
  578  or vessel must send a notice to the owner that the vehicle or
  579  vessel is available for pickup when it receives a release
  580  statement from the insurance company. The notice must shall be
  581  sent by certified mail or by another commercially available
  582  delivery service that provides proof of delivery to the owner at
  583  the owner’s address contained in the department’s records. The
  584  notice must state that the owner has 30 days after delivery of
  585  the notice to the owner at the owner’s address to pick up the
  586  vehicle or vessel from the independent entity. If the motor
  587  vehicle or vessel is not claimed within 30 days after the
  588  delivery or attempted delivery of the notice, the independent
  589  entity may apply for a certificate of destruction, a salvage
  590  certificate of title, or a certificate of title. For a hull
  591  damaged vessel, the independent entity shall comply with s.
  592  328.045, as applicable.
  593         (c) If the department’s records do not contain the owner’s
  594  address, the independent entity must do all of the following:
  595         1. Send a notice that meets the requirements of paragraph
  596  (b) to the owner’s address that is provided by the insurance
  597  company in the release statement.
  598         2. For a vehicle, identify the latest titling jurisdiction
  599  of the vehicle through use of the National Motor Vehicle Title
  600  Information System or an equivalent commercially available
  601  system and attempt to obtain the owner’s address from that
  602  jurisdiction. If the jurisdiction returns an address that is
  603  different from the owner’s address provided by the insurance
  604  company, the independent entity must send a notice that meets
  605  the requirements of paragraph (b) to both addresses.
  606         (d) The independent entity shall maintain for at least a
  607  minimum of 3 years the records related to the 30-day notice sent
  608  to the owner. For vehicles, the independent entity shall also
  609  maintain for at least 3 years the results of searches of the
  610  National Motor Vehicle Title Information System or an equivalent
  611  commercially available system, and the notification to the
  612  National Motor Vehicle Title Information System made pursuant to
  613  paragraph (e).
  614         (e) The independent entity shall make the required
  615  notification to the National Motor Vehicle Title Information
  616  System before releasing any damaged or dismantled motor vehicle
  617  to the owner or before applying for a certificate of destruction
  618  or salvage certificate of title. The independent entity is not
  619  required to notify the National Motor Vehicle Title Information
  620  System before releasing any damaged or dismantled vessel to the
  621  owner or before applying for a certificate of title.
  622         (f) Upon applying for a certificate of destruction, or
  623  salvage certificate of title, or certificate of title, the
  624  independent entity shall provide a copy of the release statement
  625  from the insurance company to the independent entity, proof of
  626  providing the 30-day notice to the owner, proof of notification
  627  to the National Motor Vehicle Title Information System if
  628  required, proof of all lien satisfactions or proof of a release
  629  of all liens on the motor vehicle or vessel, and applicable
  630  fees. If the independent entity is unable to obtain a lien
  631  satisfaction or a release of all liens on the motor vehicle or
  632  vessel, the independent entity must provide an affidavit stating
  633  that notice was sent to all lienholders that the motor vehicle
  634  or vessel is available for pickup, 30 days have passed since the
  635  notice was delivered or attempted to be delivered pursuant to
  636  this section, attempts have been made to obtain a release from
  637  all lienholders, and all such attempts have been to no avail.
  638  The notice to lienholders and attempts to obtain a release from
  639  lienholders may be by written request delivered in person or by
  640  certified mail or another commercially available delivery
  641  service that provides proof of delivery to the lienholder at the
  642  lienholder’s address as provided on the certificate of title and
  643  to the address designated with the Department of State pursuant
  644  to s. 655.0201(2) if such address is different.
  645         (g) The independent entity may not charge an owner of the
  646  vehicle or vessel storage fees or apply for a title under s.
  647  713.585 or s. 713.78.
  648         Section 11. Paragraph (b) of subsection (1) and paragraph
  649  (a) of subsection (3) of section 320.06, Florida Statutes, are
  650  amended to read:
  651         320.06 Registration certificates, license plates, and
  652  validation stickers generally.—
  653         (1)
  654         (b)1. Registration license plates bearing a graphic symbol
  655  and the alphanumeric system of identification shall be issued
  656  for a 10-year period. At the end of the 10-year period, upon
  657  renewal, the plate must shall be replaced. The department shall
  658  extend the scheduled license plate replacement date from a 6
  659  year period to a 10-year period. The fee for such replacement is
  660  $28, $2.80 of which must shall be paid each year before the
  661  plate is replaced, to be credited toward the next $28
  662  replacement fee. The fees must shall be deposited into the
  663  Highway Safety Operating Trust Fund. A credit or refund may not
  664  be given for any prior years’ payments of the prorated
  665  replacement fee if the plate is replaced or surrendered before
  666  the end of the 10-year period, except that a credit may be given
  667  if a registrant is required by the department to replace a
  668  license plate under s. 320.08056(8)(a). With each license plate,
  669  a validation sticker must shall be issued showing the owner’s
  670  birth month, license plate number, and the year of expiration or
  671  the appropriate renewal period if the owner is not a natural
  672  person. The validation sticker must shall be placed on the upper
  673  right corner of the license plate. The license plate and
  674  validation sticker must shall be issued based on the applicant’s
  675  appropriate renewal period. The registration period is 12
  676  months, the extended registration period is 24 months, and all
  677  expirations occur based on the applicant’s appropriate
  678  registration period. Rental vehicles taxed pursuant to s.
  679  320.08(6)(a) and rental trucks taxed pursuant to s.
  680  320.08(3)(a), (b), and (c) and (4)(a)-(d) may elect a permanent
  681  registration period, provided payment of the appropriate license
  682  taxes and fees occurs annually.
  683         2. A vehicle that has an apportioned registration must
  684  shall be issued an annual license plate and a cab card that
  685  denote the declared gross vehicle weight for each apportioned
  686  jurisdiction in which the vehicle is authorized to operate. This
  687  subparagraph expires June 30, 2024.
  688         3. Beginning July 1, 2024, a vehicle registered in
  689  accordance with the International Registration Plan must be
  690  issued a license plate for a 3-year period. At the end of the 3
  691  year period, upon renewal, the license plate must be replaced.
  692  Each license plate must include a validation sticker showing the
  693  month of expiration. A cab card denoting the declared gross
  694  vehicle weight for each apportioned jurisdiction must be issued
  695  annually. The fee for an original or a renewal cab card is $28,
  696  which must be deposited into the Highway Safety Operating Trust
  697  Fund. If the license plate is damaged or worn, it may be
  698  replaced at no charge by applying to the department and
  699  surrendering the current license plate.
  700         4. In order to retain the efficient administration of the
  701  taxes and fees imposed by this chapter, the 80-cent fee increase
  702  in the replacement fee imposed by chapter 2009-71, Laws of
  703  Florida, is negated as provided in s. 320.0804.
  704         (3)(a) Registration license plates must be made of metal
  705  specially treated with a retroreflection material, as specified
  706  by the department. The registration license plate is designed to
  707  increase nighttime visibility and legibility and must be at
  708  least 6 inches wide and not less than 12 inches in length,
  709  unless a plate with reduced dimensions is deemed necessary by
  710  the department to accommodate motorcycles, mopeds, or similar
  711  smaller vehicles, or trailers. Validation stickers must also be
  712  treated with a retroreflection material, must be of such size as
  713  specified by the department, and must adhere to the license
  714  plate. The registration license plate must be imprinted with a
  715  combination of bold letters and numerals or numerals, not to
  716  exceed seven digits, to identify the registration license plate
  717  number. The license plate must be imprinted with the word
  718  “Florida” at the top and the name of the county in which it is
  719  sold, the state motto, or the words “Sunshine State” at the
  720  bottom. Apportioned license plates must have the word
  721  “Apportioned” at the bottom, and license plates issued for
  722  vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
  723  (c), or (14) must have the word “Restricted” at the bottom.
  724  License plates issued for vehicles taxed under s. 320.08(12)
  725  must be imprinted with the word “Florida” at the top and the
  726  word “Dealer” at the bottom unless the license plate is a
  727  specialty license plate as authorized in s. 320.08056.
  728  Manufacturer license plates issued for vehicles taxed under s.
  729  320.08(12) must be imprinted with the word “Florida” at the top
  730  and the word “Manufacturer” at the bottom. License plates issued
  731  for vehicles taxed under s. 320.08(5)(d) or (e) must be
  732  imprinted with the word “Wrecker” at the bottom. Any county may,
  733  upon majority vote of the county commission, elect to have the
  734  county name removed from the license plates sold in that county.
  735  The state motto or the words “Sunshine State” must shall be
  736  printed in lieu thereof. A license plate issued for a vehicle
  737  taxed under s. 320.08(6) may not be assigned a registration
  738  license number, or be issued with any other distinctive
  739  character or designation, that distinguishes the motor vehicle
  740  as a for-hire motor vehicle.
  741         Section 12. Section 320.0605, Florida Statutes, is amended
  742  to read:
  743         320.0605 Certificate of registration and other documents;
  744  possession required; exception.—
  745         (1)(a) The registration certificate in a uniform paper or
  746  electronic format, as prescribed by the department, or an
  747  official copy thereof;, a true copy or an electronic copy of
  748  rental or lease documentation issued for a motor vehicle or
  749  issued for a replacement vehicle in the same registration
  750  period;, a temporary receipt printed upon self-initiated
  751  electronic renewal of a registration via the Internet;, or a cab
  752  card issued for a vehicle registered under the International
  753  Registration Plan must shall, at all times while the vehicle is
  754  being used or operated on the roads of this state, be in the
  755  possession of the operator thereof or be carried in the vehicle
  756  for which such documentation was issued at all times while the
  757  vehicle is being used or operated on the roads of this state and
  758  must shall be exhibited upon demand of any authorized law
  759  enforcement officer or any agent of the department, except for a
  760  vehicle registered under s. 320.0657. This paragraph section
  761  does not apply during the first 30 days after purchase of a
  762  replacement vehicle. A violation of this paragraph section is a
  763  noncriminal traffic infraction, punishable as a nonmoving
  764  violation as provided in chapter 318.
  765         (b)1. The act of presenting to a law enforcement officer or
  766  agent of the department an electronic device displaying an
  767  electronic registration certificate or a copy of rental or lease
  768  documentation does not constitute consent for the officer or
  769  agent to access any information on the device other than the
  770  displayed registration certificate or rental or lease
  771  documentation.
  772         2. The person who presents the device to the officer or
  773  agent assumes the liability for any resulting damage to the
  774  device.
  775         (2) Rental or lease documentation that is sufficient to
  776  satisfy the requirement in subsection (1) includes the
  777  following:
  778         (a) Date and time of rental;
  779         (b) Rental agreement number;
  780         (c) Rental vehicle identification number;
  781         (d) Rental vehicle license plate number and state of
  782  registration;
  783         (e) Vehicle’s make, model, and color;
  784         (f) Vehicle’s mileage; and
  785         (g) Authorized renter’s name.
  786         Section 13. Paragraphs (a) and (f) of subsection (8) of
  787  section 320.08056, Florida Statutes, as amended by section 7 of
  788  chapter 2020-181, Laws of Florida, are amended to read:
  789         320.08056 Specialty license plates.—
  790         (8)(a) The department must discontinue the issuance of an
  791  approved specialty license plate if the number of valid
  792  specialty plate registrations falls below 3,000, or in the case
  793  of an out-of-state college or university license plate, 4,000,
  794  for at least 12 consecutive months. The department shall mail a
  795  warning letter to the sponsoring organization following the
  796  first month in which the total number of valid specialty plate
  797  registrations is below 3,000, or in the case of an out-of-state
  798  college or university license plate, 4,000. This paragraph does
  799  not apply to in-state collegiate license plates established
  800  under s. 320.08058(3), license plates of institutions in and
  801  entities of the State University System, specialty license
  802  plates that have statutory eligibility limitations for purchase,
  803  specialty license plates for which annual use fees are
  804  distributed by a foundation for student and teacher leadership
  805  programs and teacher recruitment and retention, or Florida
  806  Professional Sports Team license plates established under s.
  807  320.08058(9).
  808         (f) Notwithstanding paragraph (a), on January 1 of each
  809  year, the department shall discontinue the specialty license
  810  plate with the fewest number of plates in circulation, including
  811  license plates exempt from a statutory sales requirement. The
  812  department shall mail a warning letter to the sponsoring
  813  organizations of the 10 percent of specialty license plates with
  814  the lowest number of valid, active registrations as of December
  815  1 of each year. This paragraph does not apply to collegiate
  816  license plates.
  817         Section 14. Subsections (3), (58), and (95), paragraph (c)
  818  of subsection (101), and subsection (107) of section 320.08058,
  819  Florida Statutes, are amended, and subsection (127) is added to
  820  that section, to read:
  821         320.08058 Specialty license plates.—
  822         (3) COLLEGIATE LICENSE PLATES.—
  823         (a) The department shall develop a collegiate license plate
  824  as provided in this section for state and independent
  825  universities domiciled in this state. However, any collegiate
  826  license plate created or established after October 1, 2002, must
  827  comply with the requirements of s. 320.08053, except the presale
  828  requirements in s. 320.08053(2)(b), and be specifically
  829  authorized by an act of the Legislature. Collegiate license
  830  plates must bear the colors and design approved by the
  831  department as appropriate for each state and independent
  832  university. The word “Florida” must be stamped across the bottom
  833  of the plate in small letters.
  834         (b) A collegiate plate annual use fee is to be distributed
  835  to the state or independent university foundation designated by
  836  the purchaser for deposit in an unrestricted account. The Board
  837  of Governors of the State University System shall require each
  838  state university to submit a plan for approval of the
  839  expenditure of all funds so designated. These funds may be used
  840  only for academic enhancement, including scholarships and
  841  private fundraising activities.
  842         (c) The department may reauthorize a collegiate license
  843  plate that has previously been discontinued pursuant to s.
  844  320.08056(8)(f) if the university resubmits the collegiate
  845  license plate for authorization.
  846         (58) PROTECT FLORIDA SPRINGS LICENSE PLATES.—
  847         (a) The department shall develop a Protect Florida Springs
  848  license plate as provided in this section. The word “Florida”
  849  must appear at the top of the plate, and the words “Protect
  850  Florida Springs” must appear at the bottom of the plate.
  851         (b) The annual use fees shall be distributed to the Fish &
  852  Wildlife Foundation of Florida, Inc., a citizen support
  853  organization created pursuant to s. 379.223, which shall
  854  administer the fees as follows:
  855         1. Wildlife Foundation of Florida, Inc., shall retain the
  856  first $60,000 of the annual use fees as direct reimbursement for
  857  administrative costs, startup costs, and costs incurred in the
  858  development and approval process.
  859         2.Thereafter, A maximum of 10 percent of the fees may be
  860  used for administrative costs directly associated with education
  861  programs, conservation, springs research, and grant
  862  administration of the foundation. A maximum of 15 percent of the
  863  fees may be used for continuing promotion and marketing of the
  864  license plate.
  865         2.3. At least 75 55 percent of the fees shall be available
  866  for the conservation of Florida’s freshwater springs, including
  867  scientific research, springs habitat restoration, springs
  868  protection, and public education on springs competitive grants
  869  for targeted community-based springs research not currently
  870  available for state funding. The remaining 20 percent shall be
  871  directed toward community outreach programs aimed at
  872  implementing such research findings. The majority of funds shall
  873  be awarded via competitive grants shall be administered and
  874  approved by the board of directors of the Fish & Wildlife
  875  Foundation of Florida, Inc., with input from a. The granting
  876  advisory committee shall be composed of nine members, including
  877  one representative from the Fish and Wildlife Conservation
  878  Commission, one representative from the Department of
  879  Environmental Protection, one representative from the Department
  880  of Health, one representative from the Department of Economic
  881  Opportunity, three citizen representatives, and two
  882  representatives from nonprofit stakeholder groups.
  883         4. The remaining funds shall be distributed with the
  884  approval of and accountability to the board of directors of the
  885  Wildlife Foundation of Florida, and shall be used to support
  886  activities contributing to education, outreach, and springs
  887  conservation.
  888         (95) AMERICAN EAGLE LICENSE PLATES.—
  889         (a) The department shall develop an American Eagle license
  890  plate as provided in this section and s. 320.08053. The plate
  891  must bear the colors and design approved by the department. The
  892  word “Florida” must appear at the top of the plate, and the
  893  words “Protect the Eagle” “In God We Trust” must appear at the
  894  bottom of the plate.
  895         (b) The annual use fees from the sale of the plate shall be
  896  distributed to the American Eagle Foundation for deposit in the
  897  foundation’s national endowment fund. Up to 10 percent of the
  898  funds received may be used for administrative costs and
  899  marketing of the plate. The American Eagle Foundation shall use
  900  the remainder of the proceeds to fund public education programs,
  901  rescue and care programs, and other conservation efforts in
  902  Florida that benefit bald eagles.
  903         (101) DIVINE NINE LICENSE PLATES.—
  904         (c)1. As used in this paragraph, the term “immediate
  905  relative” means a spouse, domestic partner, or child.
  906         2. To be eligible for issuance of a Divine Nine license
  907  plate representing an organization listed in sub-subparagraphs
  908  (b)3.a.-i., a person must be a resident of this state who is the
  909  registered owner or lessee of a motor vehicle and who either is
  910  a member or an immediate relative of a member of the applicable
  911  organization. The person must also present the following:
  912         a. Proof of membership in the organization, which may be
  913  established by:
  914         (I)a. A card distributed by the organization indicating the
  915  person’s membership in the organization; or
  916         (II)b. A written letter on the organization’s letterhead
  917  which is signed by the organization’s national president or his
  918  or her designated official and which states that the person was
  919  inducted into the organization.
  920         b.If the person is a lessee of a motor vehicle, a lease
  921  agreement and the vehicle identification number for the motor
  922  vehicle that is being leased.
  923         c.If the person is an immediate relative of a member of
  924  the organization, a marriage license, domestic partnership
  925  agreement, birth certificate, or record of adoption, and proof
  926  of membership as described in sub-subparagraph a. of the
  927  person’s immediate relative.
  928         3.2. Proof of membership in an organization listed in sub
  929  subparagraphs (b)3.a.-i. is required only for initial issuance
  930  of a Divine Nine license plate. A person need not present such
  931  proof for renewal of the license plate.
  932  
  933  License plates created pursuant to this subsection shall have
  934  their plate sales combined for the purpose of meeting the
  935  minimum license plate sales threshold in s. 320.08056(8)(a) and
  936  for determining the license plate limit in s. 320.08053(3)(b).
  937  License plates created pursuant to this subsection must be
  938  ordered directly from the department.
  939         (107) UNIVERSAL ORLANDO RESORT GIVE KIDS THE WORLD LICENSE
  940  PLATES.—
  941         (a) The department shall develop a Universal Orlando Resort
  942  Give Kids The World license plate as provided in this section
  943  and s. 320.08053. The plate must bear the colors and design
  944  approved by the department. The word “Florida” must appear at
  945  the top of the plate, and the words “Universal Orlando Resort”
  946  “Give Kids The World” must appear at the bottom of the plate.
  947         (b) The annual use fees from the sale of the plate must
  948  shall be distributed to Give Kids The World, Inc., a nonprofit
  949  organization under s. 501(c)(3) of the Internal Revenue Code. Up
  950  to 10 percent of the proceeds may be used for the promotion and
  951  marketing of the plate. The remainder of the proceeds must shall
  952  be used by Give Kids The World, Inc., to support the
  953  organization's mission their mission of providing week-long,
  954  cost-free vacations to children with critical illnesses and
  955  their families.
  956         (127)FLORIDA ASSOCIATION OF REALTORS LICENSE PLATES.—
  957         (a)The department shall develop a Florida Association of
  958  Realtors license plate as provided in this section and s.
  959  320.08053. The plate must bear the colors and design approved by
  960  the department. The word “Florida” must appear at the top of the
  961  plate, and the words “Support Homeownership” must appear at the
  962  bottom of the plate.
  963         (b)The annual use fees from the sale of the plate shall be
  964  distributed to Homeownership For All, Inc., which may use up to
  965  10 percent of the proceeds to promote and market the plate. The
  966  remainder of the proceeds shall be used by Homeownership For
  967  All, Inc., to fund programs that provide, promote, or otherwise
  968  support affordable housing in this state.
  969         Section 15. Subsection (1) of section 320.084, Florida
  970  Statutes, is amended, and subsection (6) is added to that
  971  section, to read:
  972         320.084 Free motor vehicle license plate to certain
  973  disabled veterans.—
  974         (1) One free “DV” motor vehicle license number plate must
  975  shall be issued by the department for use on any motor vehicle
  976  owned or leased by any disabled veteran who has been a resident
  977  of this state continuously for the preceding 5 years or has
  978  established a domicile in this state as provided by s.
  979  222.17(1), (2), or (3), and who has been honorably discharged
  980  from the United States Armed Forces, upon application,
  981  accompanied by proof that:
  982         (a) A vehicle was initially acquired through financial
  983  assistance by the United States Department of Veterans Affairs
  984  or its predecessor specifically for the purchase of an
  985  automobile;
  986         (b) The applicant has been determined by the United States
  987  Department of Veterans Affairs or its predecessor to have a
  988  service-connected 100-percent disability rating for
  989  compensation; or
  990         (c) The applicant has been determined to have a service
  991  connected disability rating of 100 percent and is in receipt of
  992  disability retirement pay from any branch of the United States
  993  Armed Services.
  994         (6)(a)A disabled veteran who qualifies for issuance of a
  995  “DV” license plate under subsection (1) may be issued, in lieu
  996  of the “DV” license plate, a military license plate for which he
  997  or she is eligible, or a specialty license plate. A disabled
  998  veteran electing a military license plate or specialty license
  999  plate under this subsection must pay all applicable fees related
 1000  to such license plate, except for fees otherwise waived under
 1001  subsections (1) and (4).
 1002         (b)A military license plate or specialty license plate
 1003  elected under this subsection:
 1004         1.Does not provide the protections or rights afforded by
 1005  s. 316.1955, s. 316.1964, s. 320.0848, s. 526.141, or s.
 1006  553.5041.
 1007         2.Is not eligible for the international symbol of
 1008  accessibility as described in s. 320.0842.
 1009         Section 16. Present subsections (16) through (48) of
 1010  section 322.01, Florida Statutes, are redesignated as
 1011  subsections (17) through (49), respectively, a new subsection
 1012  (16) is added to that section, and subsection (5) and present
 1013  subsections (37) and (41) of that section are amended, to read:
 1014         322.01 Definitions.—As used in this chapter:
 1015         (5) “Cancellation” means the act of declaring a driver
 1016  license void and terminated, but does not include a downgrade.
 1017         (16) “Downgrade” has the same meaning as the definition of
 1018  the term “CDL downgrade” in 49 C.F.R. s. 383.5(4).
 1019         (38)(37) “Revocation” means the termination of a licensee’s
 1020  privilege to drive, but does not include a downgrade.
 1021         (42)(41) “Suspension” means the temporary withdrawal of a
 1022  licensee’s privilege to drive a motor vehicle, but does not
 1023  include a downgrade.
 1024         Section 17. Subsection (2) of section 322.02, Florida
 1025  Statutes, is amended to read:
 1026         322.02 Legislative intent; administration.—
 1027         (2) The Department of Highway Safety and Motor Vehicles is
 1028  charged with the administration and function of enforcement of
 1029  the provisions of this chapter and the enforcement and
 1030  administration of 49 C.F.R. parts 382-386 and 390-397.
 1031         Section 18. Present subsections (4) through (12) of section
 1032  322.05, Florida Statutes, are redesignated as subsections (5)
 1033  through (13), respectively, and a new subsection (4) is added to
 1034  that section, to read:
 1035         322.05 Persons not to be licensed.—The department may not
 1036  issue a license:
 1037         (4) To any person as a commercial motor vehicle operator
 1038  who is ineligible to operate a commercial motor vehicle pursuant
 1039  to 49 C.F.R. part 383.
 1040         Section 19. Subsection (3) of section 322.07, Florida
 1041  Statutes, is amended to read:
 1042         322.07 Instruction permits and temporary licenses.—
 1043         (3) Any person who, except for his or her lack of
 1044  instruction in operating a commercial motor vehicle, would
 1045  otherwise be qualified to obtain a commercial driver license
 1046  under this chapter, may apply for a temporary commercial
 1047  instruction permit. The department shall issue such a permit
 1048  entitling the applicant, while having the permit in his or her
 1049  immediate possession, to drive a commercial motor vehicle on the
 1050  highways, if:
 1051         (a) The applicant possesses a valid Florida driver license;
 1052  and
 1053         (b) The applicant, while operating a commercial motor
 1054  vehicle, is accompanied by a licensed driver who is 21 years of
 1055  age or older, who is licensed to operate the class of vehicle
 1056  being operated, and who is occupying the closest seat to the
 1057  right of the driver; and
 1058         (c) The department has not been notified that, under 49
 1059  C.F.R. s. 382.501(a), the applicant is prohibited from operating
 1060  a commercial motor vehicle.
 1061         Section 20. Effective January 1, 2024, subsection (3) of
 1062  section 322.141, Florida Statutes, is amended to read:
 1063         322.141 Color or markings of certain licenses or
 1064  identification cards.—
 1065         (3) All licenses for the operation of motor vehicles or
 1066  identification cards originally issued or reissued by the
 1067  department to persons who are designated as sexual predators
 1068  under s. 775.21 or subject to registration as sexual offenders
 1069  under s. 943.0435 or s. 944.607, or who have a similar
 1070  designation or are subject to a similar registration under the
 1071  laws of another jurisdiction, must shall have on the front of
 1072  the license or identification card, in a distinctive format and
 1073  printed in the color red, all of the following information:
 1074         (a) For a person designated as a sexual predator under s.
 1075  775.21 or who has a similar designation under the laws of
 1076  another jurisdiction, the marking “SEXUAL PREDATOR.”
 1077         (b) For a person subject to registration as a sexual
 1078  offender under s. 943.0435 or s. 944.607, or subject to a
 1079  similar registration under the laws of another jurisdiction, the
 1080  marking “943.0435, F.S.”
 1081         Section 21. Subsection (4) of section 322.142, Florida
 1082  Statutes, is amended to read:
 1083         322.142 Color photographic or digital imaged licenses.—
 1084         (4) The department may maintain a film negative or print
 1085  file. The department shall maintain a record of the digital
 1086  image and signature of the licensees, together with other data
 1087  required by the department for identification and retrieval.
 1088  Reproductions from the file or digital record are exempt from
 1089  the provisions of s. 119.07(1) and may be made and issued only
 1090  in the following circumstances:
 1091         (a) For departmental administrative purposes.;
 1092         (b) For the issuance of duplicate licenses.;
 1093         (c) In response to law enforcement agency requests.;
 1094         (d) To the Department of Business and Professional
 1095  Regulation and the Department of Health pursuant to an
 1096  interagency agreement for the purpose of accessing digital
 1097  images for reproduction of licenses issued by the Department of
 1098  Business and Professional Regulation or the Department of
 1099  Health.;
 1100         (e) To the Department of State pursuant to an interagency
 1101  agreement to facilitate determinations of eligibility of voter
 1102  registration applicants and registered voters in accordance with
 1103  ss. 98.045 and 98.075.;
 1104         (f) To the Department of Revenue pursuant to an interagency
 1105  agreement for use in establishing paternity and establishing,
 1106  modifying, or enforcing support obligations in Title IV-D
 1107  cases.;
 1108         (g) To the Department of Children and Families pursuant to
 1109  an interagency agreement to conduct protective investigations
 1110  under part III of chapter 39 and chapter 415.;
 1111         (h) To the Department of Children and Families pursuant to
 1112  an interagency agreement specifying the number of employees in
 1113  each of that department’s regions to be granted access to the
 1114  records for use as verification of identity to expedite the
 1115  determination of eligibility for public assistance and for use
 1116  in public assistance fraud investigations.;
 1117         (i) To the Agency for Health Care Administration pursuant
 1118  to an interagency agreement for the purpose of authorized
 1119  agencies verifying photographs in the Care Provider Background
 1120  Screening Clearinghouse authorized under s. 435.12.;
 1121         (j) To the Department of Financial Services pursuant to an
 1122  interagency agreement to facilitate the location of owners of
 1123  unclaimed property, the validation of unclaimed property claims,
 1124  the identification of fraudulent or false claims, and the
 1125  investigation of allegations of violations of the insurance code
 1126  by licensees and unlicensed persons.;
 1127         (k) To the Department of Economic Opportunity pursuant to
 1128  an interagency agreement to facilitate the validation of
 1129  reemployment assistance claims and the identification of
 1130  fraudulent or false reemployment assistance claims.;
 1131         (l) To district medical examiners pursuant to an
 1132  interagency agreement for the purpose of identifying a deceased
 1133  individual, determining cause of death, and notifying next of
 1134  kin of any investigations, including autopsies and other
 1135  laboratory examinations, authorized in s. 406.11.;
 1136         (m) To the following persons for the purpose of identifying
 1137  a person as part of the official work of a court:
 1138         1. A justice or judge of this state;
 1139         2. An employee of the state courts system who works in a
 1140  position that is designated in writing for access by the Chief
 1141  Justice of the Supreme Court or a chief judge of a district or
 1142  circuit court, or by his or her designee; or
 1143         3. A government employee who performs functions on behalf
 1144  of the state courts system in a position that is designated in
 1145  writing for access by the Chief Justice or a chief judge, or by
 1146  his or her designee.; or
 1147         (n) To the Agency for Health Care Administration pursuant
 1148  to an interagency agreement to prevent health care fraud. If the
 1149  Agency for Health Care Administration enters into an agreement
 1150  with a private entity to carry out duties relating to health
 1151  care fraud prevention, such contracts must shall include, but
 1152  need not be limited to:
 1153         1. Provisions requiring internal controls and audit
 1154  processes to identify access, use, and unauthorized access of
 1155  information.
 1156         2. A requirement to report unauthorized access or use to
 1157  the Agency for Health Care Administration within 1 business day
 1158  after the discovery of the unauthorized access or use.
 1159         3. Provisions for liquidated damages for unauthorized
 1160  access or use of no less than $5,000 per occurrence.
 1161         (o) To any criminal justice agency, as defined in s.
 1162  943.045, pursuant to an interagency agreement for use in
 1163  carrying out the criminal justice agency’s functions.
 1164         (p) To the driver licensing agency of any other state for
 1165  purposes of validating the identity of an applicant for a driver
 1166  license or identification card.
 1167         Section 22. Subsection (8) and paragraph (a) of subsection
 1168  (9) of section 322.21, Florida Statutes, are amended to read:
 1169         322.21 License fees; procedure for handling and collecting
 1170  fees.—
 1171         (8) A person who applies for reinstatement following the
 1172  suspension or revocation of the person’s driver license must pay
 1173  a service fee of $45 following a suspension, and $75 following a
 1174  revocation, which is in addition to the fee for a license. A
 1175  person who applies for reinstatement of a commercial driver
 1176  license following the disqualification or downgrade of the
 1177  person’s privilege to operate a commercial motor vehicle must
 1178  shall pay a service fee of $75, which is in addition to the fee
 1179  for a license. The department shall collect all of these fees at
 1180  the time of reinstatement. The department shall issue proper
 1181  receipts for such fees and shall promptly transmit all funds
 1182  received by it as follows:
 1183         (a) Of the $45 fee received from a licensee for
 1184  reinstatement following a suspension:
 1185         1. If the reinstatement is processed by the department, the
 1186  department must shall deposit $15 in the General Revenue Fund
 1187  and $30 in the Highway Safety Operating Trust Fund.
 1188         2. If the reinstatement is processed by the tax collector,
 1189  $15, less the general revenue service charge set forth in s.
 1190  215.20(1), must shall be retained by the tax collector, $15 must
 1191  shall be deposited into the Highway Safety Operating Trust Fund,
 1192  and $15 must shall be deposited into the General Revenue Fund.
 1193         (b) Of the $75 fee received from a licensee for
 1194  reinstatement following a revocation, or disqualification, or
 1195  downgrade:
 1196         1. If the reinstatement is processed by the department, the
 1197  department must shall deposit $35 in the General Revenue Fund
 1198  and $40 in the Highway Safety Operating Trust Fund.
 1199         2. If the reinstatement is processed by the tax collector,
 1200  $20, less the general revenue service charge set forth in s.
 1201  215.20(1), must shall be retained by the tax collector, $20 must
 1202  shall be deposited into the Highway Safety Operating Trust Fund,
 1203  and $35 must shall be deposited into the General Revenue Fund.
 1204  
 1205  If the revocation or suspension of the driver license was for a
 1206  violation of s. 316.193, or for refusal to submit to a lawful
 1207  breath, blood, or urine test, an additional fee of $130 must be
 1208  charged. However, only one $130 fee may be collected from one
 1209  person convicted of violations arising out of the same incident.
 1210  The department shall collect the $130 fee and deposit the fee
 1211  into the Highway Safety Operating Trust Fund at the time of
 1212  reinstatement of the person’s driver license, but the fee may
 1213  not be collected if the suspension or revocation is overturned.
 1214  If the revocation or suspension of the driver license was for a
 1215  conviction for a violation of s. 817.234(8) or (9) or s.
 1216  817.505, an additional fee of $180 is imposed for each offense.
 1217  The department shall collect and deposit the additional fee into
 1218  the Highway Safety Operating Trust Fund at the time of
 1219  reinstatement of the person’s driver license.
 1220         (9) An applicant:
 1221         (a) Requesting a review authorized in s. 322.222, s.
 1222  322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must
 1223  pay a filing fee of $25 to be deposited into the Highway Safety
 1224  Operating Trust Fund.
 1225         Section 23. Section 322.591, Florida Statutes, is created
 1226  to read:
 1227         322.591 Commercial driver license and commercial
 1228  instruction permit; Commercial Driver’s License Drug and Alcohol
 1229  Clearinghouse; prohibition on issuance of commercial driver
 1230  licenses; downgrades.—
 1231         (1) Beginning November 18, 2024, when a person applies for
 1232  or seeks to renew, transfer, or make any other change to a
 1233  commercial driver license or commercial instruction permit, the
 1234  department must obtain the driver’s record from the Commercial
 1235  Driver’s License Drug and Alcohol Clearinghouse established
 1236  pursuant to 49 C.F.R. part 382. The department may not issue,
 1237  renew, transfer, or revise the types of authorized vehicles that
 1238  may be operated or the endorsements applicable to a commercial
 1239  driver license or commercial instruction permit for any person
 1240  for whom the department receives notification pursuant to 49
 1241  C.F.R. s. 382.501(a) that the person is prohibited from
 1242  operating a commercial vehicle.
 1243         (2) Beginning November 18, 2024, the department shall
 1244  downgrade the commercial driver license or commercial
 1245  instruction permit of any driver if the department receives
 1246  notification that, pursuant to 49 C.F.R. s. 382.501(a), the
 1247  driver is prohibited from operating a commercial motor vehicle.
 1248  Any such downgrade must be completed and recorded by the
 1249  department in the Commercial Driver’s License Information System
 1250  within 60 days after the department’s receipt of such
 1251  notification.
 1252         (3)(a) Beginning November 18, 2024, upon receipt of
 1253  notification pursuant to 49 C.F.R. s. 382.501(a) that a driver
 1254  is prohibited from operating a commercial motor vehicle, the
 1255  department shall immediately notify the driver who is the
 1256  subject of such notification that he or she is prohibited from
 1257  operating a commercial motor vehicle and, upon his or her
 1258  request, must afford him or her an opportunity for an informal
 1259  hearing pursuant to this section. The department’s notice must
 1260  be provided to the driver in the same manner as, and providing
 1261  such notice has the same effect as, notices provided pursuant to
 1262  s. 322.251(1) and (2).
 1263         (b) Such informal hearing must be requested not later than
 1264  20 days after the driver receives the notice of the downgrade.
 1265  If a request for a hearing, together with the filing fee
 1266  required pursuant to s. 322.21, is not received within 20 days
 1267  after receipt of such notice, the department must enter a final
 1268  order directing the downgrade of the driver’s commercial driver
 1269  license or commercial instruction permit, unless the department
 1270  receives notification pursuant to 49 C.F.R. s. 382.503(a) that
 1271  the driver is no longer prohibited from operating a commercial
 1272  motor vehicle.
 1273         (c) A hearing requested pursuant to paragraph (b) must be
 1274  scheduled and held not later than 30 days after receipt by the
 1275  department of a request for the hearing, together with the
 1276  filing fee required pursuant to s. 322.21. The submission of a
 1277  request for hearing pursuant to paragraph (b) tolls the deadline
 1278  to file a petition for writ of certiorari pursuant to s. 322.31
 1279  until after the department enters a final order after a hearing
 1280  pursuant to paragraph (b).
 1281         (d) The informal hearing authorized pursuant to this
 1282  subsection is exempt from chapter 120. Such hearing must be
 1283  conducted before a hearing officer designated by the department.
 1284  The hearing officer may conduct such hearing from any location
 1285  in this state by means of communications technology.
 1286         (e) The notification received by the department pursuant to
 1287  49 C.F.R. s. 382.501(a) must be in the record for consideration
 1288  by the hearing officer and in any proceeding pursuant to s.
 1289  322.31 and is considered self-authenticating. The basis for the
 1290  notification received by the department pursuant to 49 C.F.R. s.
 1291  382.501(a) and the information in the Commercial Driver’s
 1292  License Drug and Alcohol Clearinghouse which resulted in such
 1293  notification are not subject to challenge in the hearing or in
 1294  any proceeding brought under s. 322.31.
 1295         (f) If, before the entry of a final order arising from a
 1296  notification received by the department pursuant to 49 C.F.R. s.
 1297  382.501(a), the department receives notification pursuant to 49
 1298  C.F.R. s. 382.503(a) that the driver is no longer prohibited
 1299  from operating a commercial motor vehicle, the department must
 1300  dismiss the action to downgrade the driver’s commercial driver
 1301  license or commercial instruction permit.
 1302         (g) Upon the entry of a final order that results in the
 1303  downgrade of a driver’s commercial driver license or commercial
 1304  instruction permit, the department shall record immediately in
 1305  the driver’s record that the driver is disqualified from
 1306  operating or driving a commercial motor vehicle. The downgrade
 1307  of a commercial driver license or commercial instruction permit
 1308  pursuant to a final order entered pursuant to this section, and,
 1309  upon the entry of a final order, the recording in the driver’s
 1310  record that the driver subject to such a final order is
 1311  disqualified from operating or driving a commercial motor
 1312  vehicle, are not stayed during the pendency of any proceeding
 1313  pursuant to s. 322.31.
 1314         (h) If, after the entry of a final order that results in
 1315  the downgrade of a driver’s commercial driver license or
 1316  commercial instruction permit and the department recording in
 1317  the driver’s record that the driver is disqualified from
 1318  operating or driving a commercial motor vehicle, the department
 1319  receives notification pursuant to 49 C.F.R. s. 382.503(a) that
 1320  the driver is no longer prohibited from operating a commercial
 1321  motor vehicle, the department must reinstate the driver’s
 1322  commercial driver license or commercial instruction permit upon
 1323  application by such driver.
 1324         (i) The department is not liable for any commercial driver
 1325  license or commercial instruction permit downgrade resulting
 1326  from the discharge of its duties.
 1327         (j) This section is the exclusive procedure for the
 1328  downgrade of a commercial driver license or commercial
 1329  instruction permit following notification received by the
 1330  department that, pursuant to 49 C.F.R. s. 382.501(a), a driver
 1331  is prohibited from operating a commercial motor vehicle.
 1332         (k) The downgrade of a commercial driver license or
 1333  commercial instruction permit of a person pursuant to this
 1334  section does not preclude the suspension of the driving
 1335  privilege for that person pursuant to s. 322.2615 or the
 1336  disqualification of that person from operating a commercial
 1337  motor vehicle pursuant to s. 322.64. The driving privilege of a
 1338  person whose commercial driver license or commercial instruction
 1339  permit has been downgraded pursuant to this section also may be
 1340  suspended for a violation of s. 316.193.
 1341         (4) Beginning November 18, 2024, a driver for whom the
 1342  department receives notification that, pursuant to 49 C.F.R. s.
 1343  382.501(a), such person is prohibited from operating a
 1344  commercial motor vehicle may, if otherwise qualified, be issued
 1345  a Class E driver license pursuant to s. 322.251(4), valid for
 1346  the length of his or her unexpired license period, at no cost.
 1347         Section 24. Subsection (2) of section 322.34, Florida
 1348  Statutes, is amended to read:
 1349         322.34 Driving while license suspended, revoked, canceled,
 1350  or disqualified.—
 1351         (2) Any person whose driver license or driving privilege
 1352  has been canceled, suspended, or revoked as provided by law, or
 1353  who does not have a driver license or driving privilege but is
 1354  under suspension or revocation equivalent status as defined in
 1355  s. 322.01 s. 322.01(42), except persons defined in s. 322.264,
 1356  who, knowing of such cancellation, suspension, revocation, or
 1357  suspension or revocation equivalent status, drives any motor
 1358  vehicle upon the highways of this state while such license or
 1359  privilege is canceled, suspended, or revoked, or while under
 1360  suspension or revocation equivalent status, commits:
 1361         (a) A misdemeanor of the second degree, punishable as
 1362  provided in s. 775.082 or s. 775.083.
 1363         (b)1. A misdemeanor of the first degree, punishable as
 1364  provided in s. 775.082 or s. 775.083, upon a second or
 1365  subsequent conviction, except as provided in paragraph (c).
 1366         2. A person convicted of a third or subsequent conviction,
 1367  except as provided in paragraph (c), must serve a minimum of 10
 1368  days in jail.
 1369         (c) A felony of the third degree, punishable as provided in
 1370  s. 775.082, s. 775.083, or s. 775.084, upon a third or
 1371  subsequent conviction if the current violation of this section
 1372  or the most recent prior violation of the section is related to
 1373  driving while license canceled, suspended, revoked, or
 1374  suspension or revocation equivalent status resulting from a
 1375  violation of:
 1376         1. Driving under the influence;
 1377         2. Refusal to submit to a urine, breath-alcohol, or blood
 1378  alcohol test;
 1379         3. A traffic offense causing death or serious bodily
 1380  injury; or
 1381         4. Fleeing or eluding.
 1382  
 1383  The element of knowledge is satisfied if the person has been
 1384  previously cited as provided in subsection (1); or the person
 1385  admits to knowledge of the cancellation, suspension, or
 1386  revocation, or suspension or revocation equivalent status; or
 1387  the person received notice as provided in subsection (4). There
 1388  is shall be a rebuttable presumption that the knowledge
 1389  requirement is satisfied if a judgment or order as provided in
 1390  subsection (4) appears in the department’s records for any case
 1391  except for one involving a suspension by the department for
 1392  failure to pay a traffic fine or for a financial responsibility
 1393  violation.
 1394         Section 25. Subsection (4) of section 322.61, Florida
 1395  Statutes, is amended to read:
 1396         322.61 Disqualification from operating a commercial motor
 1397  vehicle.—
 1398         (4) Any person who is transporting hazardous materials as
 1399  defined in s. 322.01 s. 322.01(24) shall, upon conviction of an
 1400  offense specified in subsection (3), is be disqualified from
 1401  operating a commercial motor vehicle for a period of 3 years.
 1402  The penalty provided in this subsection is shall be in addition
 1403  to any other applicable penalty.
 1404         Section 26. Subsection (3) of section 324.0221, Florida
 1405  Statutes, is amended to read:
 1406         324.0221 Reports by insurers to the department; suspension
 1407  of driver license and vehicle registrations; reinstatement.—
 1408         (3) An operator or owner whose driver license or
 1409  registration has been suspended under this section or s. 316.646
 1410  may effect its reinstatement upon compliance with the
 1411  requirements of this section and upon payment to the department
 1412  of a nonrefundable reinstatement fee of $150 for the first
 1413  reinstatement. The reinstatement fee is $250 for the second
 1414  reinstatement and $500 for each subsequent reinstatement during
 1415  the 3 years following the first reinstatement. A person
 1416  reinstating her or his insurance under this subsection must also
 1417  secure noncancelable coverage as described in ss. 324.021(8),
 1418  324.023, and 627.7275(2) and present to the appropriate person
 1419  proof that the coverage is in force on a form adopted by the
 1420  department, and such proof must shall be maintained for 2 years.
 1421  If the person does not have a second reinstatement within 3
 1422  years after her or his initial reinstatement, the reinstatement
 1423  fee is $150 for the first reinstatement after that 3-year
 1424  period. If a person’s license and registration are suspended
 1425  under this section or s. 316.646, only one reinstatement fee
 1426  must be paid to reinstate the license and the registration. All
 1427  fees must shall be collected by the department at the time of
 1428  reinstatement. The department shall issue proper receipts for
 1429  such fees and shall promptly deposit those fees in the Highway
 1430  Safety Operating Trust Fund. One-third of the fees collected
 1431  under this subsection must shall be distributed from the Highway
 1432  Safety Operating Trust Fund to the local governmental entity or
 1433  state agency that employed the law enforcement officer seizing
 1434  the license plate pursuant to s. 324.201. The funds may be used
 1435  by the local governmental entity or state agency for any
 1436  authorized purpose.
 1437         Section 27. Section 324.131, Florida Statutes, is amended
 1438  to read:
 1439         324.131 Period of suspension.—Such license, registration
 1440  and nonresident’s operating privilege must shall remain so
 1441  suspended and may shall not be renewed, nor may shall any such
 1442  license or registration be thereafter issued in the name of such
 1443  person, including any such person not previously licensed,
 1444  unless and until every such judgment is stayed, satisfied in
 1445  full or to the extent of the limits stated in s. 324.021(7) and
 1446  until the said person gives proof of financial responsibility as
 1447  provided in s. 324.031, such proof to be maintained for 3 years.
 1448  In addition, if the person’s license or registration has been
 1449  suspended or revoked due to a violation of s. 316.193 or
 1450  pursuant to s. 322.26(2), that person must shall maintain
 1451  noncancelable liability coverage for each motor vehicle
 1452  registered in his or her name, as described in s. 627.7275(2),
 1453  and must present proof that coverage is in force on a form
 1454  adopted by the Department of Highway Safety and Motor Vehicles,
 1455  such proof to be maintained for 3 years.
 1456         Section 28. Paragraph (g) of subsection (3) of section
 1457  627.311, Florida Statutes, is amended to read:
 1458         627.311 Joint underwriters and joint reinsurers; public
 1459  records and public meetings exemptions.—
 1460         (3) The office may, after consultation with insurers
 1461  licensed to write automobile insurance in this state, approve a
 1462  joint underwriting plan for purposes of equitable apportionment
 1463  or sharing among insurers of automobile liability insurance and
 1464  other motor vehicle insurance, as an alternate to the plan
 1465  required in s. 627.351(1). All insurers authorized to write
 1466  automobile insurance in this state shall subscribe to the plan
 1467  and participate therein. The plan is shall be subject to
 1468  continuous review by the office which may at any time disapprove
 1469  the entire plan or any part thereof if it determines that
 1470  conditions have changed since prior approval and that in view of
 1471  the purposes of the plan changes are warranted. Any disapproval
 1472  by the office is shall be subject to the provisions of chapter
 1473  120. The Florida Automobile Joint Underwriting Association is
 1474  created under the plan. The plan and the association:
 1475         (g) Must make available noncancelable coverage as provided
 1476  in s. 627.7275(2).
 1477         Section 29. Subsection (1) of section 627.351, Florida
 1478  Statutes, is amended to read:
 1479         627.351 Insurance risk apportionment plans.—
 1480         (1) MOTOR VEHICLE INSURANCE RISK APPORTIONMENT.—Agreements
 1481  may be made among casualty and surety insurers with respect to
 1482  the equitable apportionment among them of insurance that which
 1483  may be afforded applicants who are in good faith entitled to,
 1484  but are unable to, procure such insurance through ordinary
 1485  methods, and such insurers may agree among themselves on the use
 1486  of reasonable rate modifications for such insurance. Such
 1487  agreements and rate modifications are shall be subject to the
 1488  approval of the office. The office shall, after consultation
 1489  with the insurers licensed to write automobile liability
 1490  insurance in this state, adopt a reasonable plan or plans for
 1491  the equitable apportionment among such insurers of applicants
 1492  for such insurance who are in good faith entitled to, but are
 1493  unable to, procure such insurance through ordinary methods, and,
 1494  when such plan has been adopted, all such insurers shall
 1495  subscribe to and participate in the plan thereto and shall
 1496  participate therein. Such plan or plans shall include rules for
 1497  classification of risks and rates therefor. The plan or plans
 1498  shall make available noncancelable coverage as provided in s.
 1499  627.7275(2). Any insured placed with the plan must shall be
 1500  notified of the fact that insurance coverage is being afforded
 1501  through the plan and not through the private market, and such
 1502  notification must shall be given in writing within 10 days of
 1503  such placement. To assure that plan rates are made adequate to
 1504  pay claims and expenses, insurers shall develop a means of
 1505  obtaining loss and expense experience at least annually, and the
 1506  plan shall file such experience, when available, with the office
 1507  in sufficient detail to make a determination of rate adequacy.
 1508  Prior to the filing of such experience with the office, the plan
 1509  shall poll each member insurer as to the need for an actuary who
 1510  is a member of the Casualty Actuarial Society and who is not
 1511  affiliated with the plan’s statistical agent to certify the
 1512  plan’s rate adequacy. If a majority of those insurers responding
 1513  indicate a need for such certification, the plan must shall
 1514  include the certification as part of its experience filing. Such
 1515  experience shall be filed with the office not more than 9 months
 1516  following the end of the annual statistical period under review,
 1517  together with a rate filing based on such said experience. The
 1518  office shall initiate proceedings to disapprove the rate and so
 1519  notify the plan or shall finalize its review within 60 days
 1520  after of receipt of the filing. Notification to the plan by the
 1521  office of its preliminary findings, which include a point of
 1522  entry to the plan pursuant to chapter 120, tolls shall toll the
 1523  60-day period during any such proceedings and subsequent
 1524  judicial review. The rate is shall be deemed approved if the
 1525  office does not issue notice to the plan of its preliminary
 1526  findings within 60 days after of the filing. In addition to
 1527  provisions for claims and expenses, the ratemaking formula must
 1528  shall include a factor for projected claims trending and 5
 1529  percent for contingencies. In no instance shall The formula may
 1530  not include a renewal discount for plan insureds. However, the
 1531  plan shall reunderwrite each insured on an annual basis, based
 1532  upon all applicable rating factors approved by the office. Trend
 1533  factors may shall not be found to be inappropriate if they are
 1534  not in excess of trend factors normally used in the development
 1535  of residual market rates by the appropriate licensed rating
 1536  organization. Each application for coverage in the plan must
 1537  shall include, in boldfaced 12-point type immediately preceding
 1538  the applicant’s signature, the following statement:
 1539  
 1540         THIS INSURANCE IS BEING AFFORDED THROUGH THE FLORIDA
 1541         JOINT UNDERWRITING ASSOCIATION AND NOT THROUGH THE
 1542         PRIVATE MARKET. PLEASE BE ADVISED THAT COVERAGE WITH A
 1543         PRIVATE INSURER MAY BE AVAILABLE FROM ANOTHER AGENT AT
 1544         A LOWER COST. AGENT AND COMPANY LISTINGS ARE AVAILABLE
 1545         IN THE LOCAL YELLOW PAGES.
 1546  
 1547  The plan shall annually report to the office the number and
 1548  percentage of plan insureds who are not surcharged due to their
 1549  driving record.
 1550         Section 30. Paragraph (b) of subsection (2) of section
 1551  627.7275, Florida Statutes, is amended to read:
 1552         627.7275 Motor vehicle liability.—
 1553         (2)
 1554         (b) The policies described in paragraph (a) must shall be
 1555  issued for at least 6 months and, as to the minimum coverages
 1556  required under this section, may not be canceled by the insured
 1557  for any reason or by the insurer after 60 days, during which
 1558  period the insurer is completing the underwriting of the policy.
 1559  After the insurer has issued completed underwriting the policy,
 1560  the insurer shall notify the Department of Highway Safety and
 1561  Motor Vehicles that the policy is in full force and effect and
 1562  is not cancelable for the remainder of the policy period. A
 1563  premium shall be collected and the coverage is in effect for the
 1564  60-day period during which the insurer is completing the
 1565  underwriting of the policy whether or not the person’s driver
 1566  license, motor vehicle tag, and motor vehicle registration are
 1567  in effect. Once the noncancelable provisions of the policy
 1568  becomes become effective, the coverages for bodily injury,
 1569  property damage, and personal injury protection may not be
 1570  reduced during the policy period below the minimum limits
 1571  required under s. 324.021 or s. 324.023 during the policy
 1572  period.
 1573         Section 31. Except as otherwise expressly provided in this
 1574  act, this act shall take effect July 1, 2023.
 1575  
 1576  ================= T I T L E  A M E N D M E N T ================
 1577  And the title is amended as follows:
 1578         Delete everything before the enacting clause
 1579  and insert:
 1580                        A bill to be entitled                      
 1581         An act relating to the Department of Highway Safety
 1582         and Motor Vehicles; amending s. 207.004, F.S.;
 1583         requiring the department or its authorized agent to
 1584         issue certain licenses and fuel tax decals; amending
 1585         s. 316.066, F.S.; requiring all entities required to
 1586         submit crash reports to provide uniform crash reports
 1587         to the department using a certain electronic form and
 1588         reporting method; defining the term “nonproprietary”;
 1589         requiring that such crash reports be consistent with
 1590         certain rules and procedures and be numbered and
 1591         inventoried; revising the parties to which crash
 1592         reports must be made immediately available; providing
 1593         a declaration of important state interest; amending s.
 1594         316.2935, F.S.; providing an exception to requirements
 1595         for certification of air pollution control equipment
 1596         by a motor vehicle seller, lessor, or transferor;
 1597         amending s. 316.302, F.S.; revising the list of
 1598         federal rules and regulations to which owners and
 1599         drivers of certain commercial motor vehicles are
 1600         subject; amending s. 319.14, F.S.; requiring that a
 1601         certificate of title for a flood vehicle specify the
 1602         type of water that caused damage to the vehicle, as
 1603         applicable; revising the definition of the term “flood
 1604         vehicle”; making technical changes; amending s.
 1605         319.23, F.S.; making technical changes; amending s.
 1606         319.28, F.S.; providing that a certain affidavit
 1607         constitutes proof of ownership and right of possession
 1608         to a motor vehicle or mobile home the previous owner
 1609         of which died testate; amending s. 319.29, F.S.;
 1610         prohibiting the department or a tax collector from
 1611         charging a fee for reissuance of certain certificates
 1612         of title; amending s. 319.30, F.S.; revising the
 1613         definition of the terms “independent entity” and
 1614         “major component parts”; defining the term “vessel”;
 1615         extending current requirements for an independent
 1616         entity’s release of a damaged or dismantled vehicle to
 1617         include vessels; authorizing the independent entity to
 1618         apply for certain certificates for an unclaimed
 1619         vessel; providing requirements for such application;
 1620         specifying provisions to which the independent entity
 1621         is subject; prohibiting the independent entity from
 1622         charging vessel storage fees; amending s. 320.06,
 1623         F.S.; authorizing permanent registration of certain
 1624         rental trucks; authorizing the department to deem a
 1625         license plate with reduced dimensions to be necessary
 1626         to accommodate trailers; making technical changes;
 1627         amending s. 320.0605, F.S.; authorizing a uniform
 1628         paper or electronic format of the registration
 1629         certificate for a motor vehicle; specifying that
 1630         presenting an electronic registration certificate to a
 1631         law enforcement officer or agent does not constitute
 1632         consent for the officer or agent to access certain
 1633         information; making technical changes; amending s.
 1634         320.08056, F.S.; deleting plate registration
 1635         requirements for out-of-state college or university
 1636         license plates; providing applicability; amending s.
 1637         320.08058, F.S.; revising requirements regarding
 1638         collegiate license plates; authorizing the department
 1639         to reauthorize discontinued collegiate license plates
 1640         under certain circumstances; revising the distribution
 1641         of annual use fees for the “Protect Florida Springs”
 1642         license plate; revising the design requirements of the
 1643         “American Eagle” license plate; defining the term
 1644         “immediate relative”; revising eligibility
 1645         requirements for the “Divine Nine” license plate;
 1646         renaming the “Give the Kids the World” specialty
 1647         license plate as the “Universal Orlando Resort”
 1648         specialty license plate; directing the department to
 1649         develop a “Florida Association of Realtors” license
 1650         plate; providing for distribution and use of fees
 1651         collected from the sale of the plate; amending s.
 1652         320.084, F.S.; providing that certain disabled
 1653         veterans may, upon request, be issued a military
 1654         license plate or specialty license plate in lieu of a
 1655         “DV” license plate; specifying applicable fees;
 1656         specifying nonapplicability of certain provisions;
 1657         amending s. 322.01, F.S.; revising definitions;
 1658         defining the term “downgrade”; amending s. 322.02,
 1659         F.S.; charging the department with enforcement and
 1660         administration of certain federal provisions; amending
 1661         s. 322.05, F.S.; prohibiting the department from
 1662         issuing a commercial motor vehicle operator license to
 1663         certain persons; amending s. 322.07, F.S.; revising
 1664         requirements for issuance of a temporary commercial
 1665         instruction permit; amending s. 322.141, F.S.;
 1666         requiring that certain information on the driver
 1667         license or identification card of a sexual offender or
 1668         sexual predator be printed in red; amending s.
 1669         322.142, F.S.; authorizing the department to issue
 1670         reproductions of certain files and records to certain
 1671         criminal justice or driver licensing agencies for
 1672         certain purposes; amending s. 322.21, F.S.;
 1673         authorizing reinstatement of a commercial driver
 1674         license after a downgrade of the person’s privilege to
 1675         operate a commercial motor vehicle under certain
 1676         circumstances; making technical changes; creating s.
 1677         322.591, F.S.; requiring the department to obtain a
 1678         driver’s record from the Commercial Driver’s License
 1679         Drug and Alcohol Clearinghouse under certain
 1680         circumstances; prohibiting the department from
 1681         issuing, renewing, transferring, or revising the types
 1682         of authorized vehicles or the endorsements of certain
 1683         commercial driver licenses or commercial instruction
 1684         permits if the department receives a certain
 1685         notification; requiring the department to downgrade a
 1686         commercial driver license or commercial instruction
 1687         permit within a specified timeframe if the department
 1688         receives a certain notification; requiring the
 1689         department to notify certain drivers of their
 1690         prohibition from operating a commercial motor vehicle
 1691         and, upon request, afford them an opportunity for an
 1692         informal hearing; providing requirements for such
 1693         notice and hearing; requiring the department to enter
 1694         a final order to downgrade a commercial driver license
 1695         or commercial instruction permit under certain
 1696         circumstances; specifying that a request for a hearing
 1697         tolls certain deadlines; specifying that certain
 1698         notifications received by the department must be in
 1699         the record for consideration and are self
 1700         authenticating; specifying that the basis for the
 1701         notification and the information in the Commercial
 1702         Driver’s License Drug and Alcohol Clearinghouse is not
 1703         subject to challenge; requiring the department to
 1704         dismiss the downgrade of a commercial driver license
 1705         or commercial instruction permit under certain
 1706         circumstances; requiring the department to record in
 1707         the driver’s record that he or she is disqualified
 1708         from operating a commercial motor vehicle under
 1709         certain circumstances; specifying that certain actions
 1710         are not stayed during the pendency of certain
 1711         proceedings; requiring the department to reinstate a
 1712         commercial driver license or commercial instruction
 1713         permit under certain circumstances; exempting the
 1714         department from liability for certain commercial
 1715         driver license or commercial instruction permit
 1716         downgrades; designating the exclusive procedure for
 1717         the downgrade of certain commercial driver licenses or
 1718         commercial instruction permits; providing construction
 1719         and applicability; authorizing the department to issue
 1720         at no cost a specified driver license to certain
 1721         persons prohibited from operating a commercial motor
 1722         vehicle; amending ss. 322.34 and 322.61, F.S.;
 1723         conforming cross-references; making technical changes;
 1724         amending ss. 324.0221, 324.131, 627.311, and 627.351,
 1725         F.S.; conforming provisions to changes made by the
 1726         act; making technical changes; amending s. 627.7275,
 1727         F.S.; deleting provisions relating to noncancelable
 1728         motor vehicle insurance; making technical changes;
 1729         providing effective dates.