Florida Senate - 2023                                    SB 1252
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-01960B-23                                          20231252__
    1                        A bill to be entitled                      
    2         An act relating to motor vehicles; amending s.
    3         207.004, F.S.; requiring that certain licenses and
    4         fuel tax decals be issued by the Department of Highway
    5         Safety and Motor Vehicles or its authorized agent;
    6         making technical changes; providing legislative
    7         findings and intent; amending s. 316.066, F.S.;
    8         requiring all traffic law enforcement agencies to
    9         provide uniform crash reports by electronic means to
   10         the department; requiring that crash reports be
   11         consistent with certain rules and procedures and be
   12         appropriately numbered and inventoried; amending s.
   13         316.2935, F.S.; providing an exception regarding
   14         certifications of the air pollution control devices on
   15         motor vehicles; amending s. 316.302, F.S.; revising
   16         the list of applicable federal rules and regulations
   17         governing owners and drivers of commercial motor
   18         vehicles; conforming cross-references; making
   19         technical changes; amending s. 319.14, F.S.; requiring
   20         that flood vehicles have the water type specified on
   21         the certificate of title under certain conditions;
   22         revising the definition of the term “flood vehicle”;
   23         reordering definitions; amending s. 319.23, F.S.;
   24         making a technical change; amending s. 319.30, F.S.;
   25         revising the definition of the term “major component
   26         parts”; clarifying and revising provisions relating to
   27         obtaining a salvage certificate or certificate of
   28         destruction; declaring that the department is not
   29         liable to certain persons as a result of an issuance
   30         of a salvage title or certificate of destruction;
   31         amending s. 320.06, F.S.; authorizing certain rental
   32         trucks to elect a permanent registration period;
   33         amending s. 322.01, F.S.; revising definitions;
   34         defining the term “downgrade”; amending s. 322.02,
   35         F.S.; revising legislative intent regarding the
   36         department’s charge; amending s. 322.05, F.S.;
   37         prohibiting the department from issuing a commercial
   38         vehicle operator license to certain persons; amending
   39         s. 322.07, F.S.; revising requirements for issuance of
   40         temporary commercial instruction permits; amending s.
   41         322.142, F.S.; authorizing the department to issue its
   42         record of digital images and signatures to certain
   43         criminal justice agencies and driver licensing
   44         agencies of any other state under certain
   45         circumstances; amending s. 322.21, F.S.; authorizing
   46         reinstatement of a commercial driver license after a
   47         downgrade of the person’s privilege to operate a
   48         commercial motor vehicle, under certain circumstances;
   49         conforming provisions to changes made by the act;
   50         creating s. 322.591, F.S.; requiring the department to
   51         obtain a driver’s record from the Commercial Driver’s
   52         License Drug and Alcohol Clearinghouse under certain
   53         circumstances; prohibiting the department from
   54         issuing, renewing, transferring, or revising the type
   55         of authorized vehicles or the endorsements of certain
   56         commercial driver licenses or commercial instruction
   57         permits if the department receives a certain
   58         notification; requiring the department to downgrade a
   59         commercial driver license or commercial instruction
   60         permit if the department receives a certain
   61         notification; providing a timeframe for such downgrade
   62         to be completed and recorded; requiring the department
   63         to notify certain drivers of their prohibition from
   64         operating a commercial motor vehicle and, upon
   65         request, afford them an opportunity for an informal
   66         hearing; specifying requirements for the notice and
   67         the hearing; specifying that a request for a hearing
   68         tolls certain deadlines; specifying that certain
   69         notifications received by the department are in the
   70         record and self-authenticating; specifying that the
   71         basis for the notification and the information in the
   72         Commercial Driver’s License Drug and Alcohol
   73         Clearinghouse is not subject to challenge in certain
   74         hearings or proceedings; requiring the department to
   75         dismiss the downgrade of a commercial driver license
   76         or instruction permit under certain circumstances;
   77         requiring the department to record in the driver’s
   78         record that he or she is disqualified from operating a
   79         commercial motor vehicle under certain circumstances;
   80         specifying certain actions that are not stayed during
   81         the pendency of certain proceedings; requiring the
   82         department to reinstate a commercial driver license or
   83         commercial instruction permit under certain
   84         circumstances; providing that the department is not
   85         liable for certain commercial driver license or
   86         commercial instruction permit downgrades; designating
   87         the exclusive procedures for downgrade of commercial
   88         driver licenses or commercial instruction permits;
   89         providing construction and applicability; authorizing
   90         the department to issue at no cost a specified driver
   91         license to certain persons prohibited from operating a
   92         commercial motor vehicle; amending ss. 322.34 and
   93         322.61, F.S.; conforming cross-references; providing
   94         effective dates.
   95          
   96  Be It Enacted by the Legislature of the State of Florida:
   97  
   98         Section 1. Paragraph (a) of subsection (1) of section
   99  207.004, Florida Statutes, is amended to read:
  100         207.004 Registration of motor carriers; identifying
  101  devices; fees; renewals; temporary fuel-use permits and
  102  driveaway permits.—
  103         (1)(a) A No motor carrier may not shall operate or cause to
  104  be operated in this state any commercial motor vehicle, other
  105  than a Florida-based commercial motor vehicle that travels
  106  Florida intrastate mileage only, that uses diesel fuel or motor
  107  fuel until such carrier has registered with the department or
  108  has registered under a cooperative reciprocal agreement as
  109  described in s. 207.0281, after such time as this state enters
  110  into such agreement, and has been issued an identifying device
  111  or such carrier has been issued a permit as authorized under
  112  subsections (4) and (5) for each vehicle operated. The fee for
  113  each such identifying device issued is There shall be a fee of
  114  $4 per year or any fraction thereof for each such identifying
  115  device issued. The identifying device must shall be provided by
  116  the department and must be conspicuously displayed on the
  117  commercial motor vehicle as prescribed by the department while
  118  it is being operated on the public highways of this state. The
  119  transfer of an identifying device from one vehicle to another
  120  vehicle or from one motor carrier to another motor carrier is
  121  prohibited. The department or its authorized agent shall issue
  122  licenses and fuel tax decals.
  123         Section 2. The Legislature finds that a proper and
  124  legitimate purpose is served when crash reports required under
  125  s. 316.066, Florida Statutes, are filed electronically with the
  126  Department of Highway Safety and Motor Vehicles by all entities
  127  required to submit crash reports. Electronic filing will
  128  expedite the availability of crash reports to the persons
  129  authorized to receive them, simplify the process of making crash
  130  reports available, and expedite the availability of information
  131  derived from crash reports to improve highway safety. The
  132  requirement of this act that all law enforcement agencies that
  133  prepare crash reports submit the completed crash reports
  134  electronically to the Department of Highway Safety and Motor
  135  Vehicles applies to all similarly situated persons, including
  136  school district law enforcement agencies, state university law
  137  enforcement agencies, and state law enforcement agencies.
  138  Therefore, the Legislature determines and declares that the
  139  amendments made by this act to s. 316.066, Florida Statutes,
  140  fulfill an important state interest.
  141         Section 3. Effective July 1, 2025, paragraph (a) of
  142  subsection (1) of section 316.066, Florida Statutes, is amended
  143  to read:
  144         316.066 Written reports of crashes.—
  145         (1)(a) All traffic law enforcement agencies must provide
  146  uniform crash reports by electronic means to the department.
  147  Such crash reports must be consistent with the state traffic
  148  crash manual rules and the procedures established by the
  149  department and must be appropriately numbered and inventoried. A
  150  Florida Traffic Crash Report, Long Form must be completed and
  151  electronically submitted to the department within 10 days after
  152  an investigation is completed by the law enforcement officer who
  153  in the regular course of duty investigates a motor vehicle crash
  154  that:
  155         1. Resulted in death of, personal injury to, or any
  156  indication of complaints of pain or discomfort by any of the
  157  parties or passengers involved in the crash;
  158         2. Involved a violation of s. 316.061(1) or s. 316.193;
  159         3. Rendered a vehicle inoperable to a degree that required
  160  a wrecker to remove it from the scene of the crash; or
  161         4. Involved a commercial motor vehicle.
  162         Section 4. Paragraph (b) of subsection (1) of section
  163  316.2935, Florida Statutes, is amended to read:
  164         316.2935 Air pollution control equipment; tampering
  165  prohibited; penalty.—
  166         (1)
  167         (b) At the time of sale, lease, or transfer of title of a
  168  motor vehicle, the seller, lessor, or transferor shall certify
  169  in writing to the purchaser, lessee, or transferee that the air
  170  pollution control equipment of the motor vehicle has not been
  171  tampered with by the seller, lessor, or transferor or their
  172  agents, employees, or other representatives. A licensed motor
  173  vehicle dealer shall also visually observe those air pollution
  174  control devices listed by department rule pursuant to subsection
  175  (7), and certify that they are in place, and appear properly
  176  connected and undamaged. Such certification shall not be deemed
  177  or construed as a warranty that the pollution control devices of
  178  the subject vehicle are in functional condition, nor does the
  179  execution or delivery of this certification create by itself
  180  grounds for a cause of action between the parties to this
  181  transaction. This paragraph does not apply when the purchaser of
  182  the motor vehicle is a lessee purchasing the leased motor
  183  vehicle and the licensed motor vehicle dealer is not in
  184  possession of the motor vehicle at the time of sale.
  185         Section 5. Paragraphs (a), (b), and (e) of subsection (1),
  186  paragraph (d) of subsection (2), and subsection (9) of section
  187  316.302, Florida Statutes, are amended to read:
  188         316.302 Commercial motor vehicles; safety regulations;
  189  transporters and shippers of hazardous materials; enforcement.—
  190         (1)(a) All owners and drivers of commercial motor vehicles
  191  that are operated on the public highways of this state while
  192  engaged in interstate commerce are subject to the rules and
  193  regulations contained in 49 C.F.R. parts 382, 383, 384, 385,
  194  386, and 390-397.
  195         (b) Except as otherwise provided in this section, all
  196  owners and drivers of commercial motor vehicles that are engaged
  197  in intrastate commerce are subject to the rules and regulations
  198  contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390
  199  397, as such rules and regulations existed on December 31, 2022
  200  2020.
  201         (e) A person who operates a commercial motor vehicle solely
  202  in intrastate commerce which does not transport hazardous
  203  materials in amounts that require placarding pursuant to 49
  204  C.F.R. part 172 need not comply with the requirements of
  205  electronic logging devices and hours of service supporting
  206  documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
  207  until December 31, 2019.
  208         (2)
  209         (d) A person who operates a commercial motor vehicle solely
  210  in intrastate commerce not transporting any hazardous material
  211  in amounts that require placarding pursuant to 49 C.F.R. part
  212  172 within a 150 air-mile radius of the location where the
  213  vehicle is based need not comply with 49 C.F.R. ss. 395.8 and
  214  395.11 s. 395.8 if the requirements of 49 C.F.R. s. 395.1(e)(1)
  215  (iii) and (iv) 49 C.F.R. s. 395.1(e)(1) (ii), (iii)(A) and (C),
  216  and (v) are met.
  217         (9) For the purpose of enforcing this section, any law
  218  enforcement officer of the Department of Highway Safety and
  219  Motor Vehicles or duly appointed agent who holds a current
  220  safety inspector certification from the Commercial Vehicle
  221  Safety Alliance may require the driver of any commercial vehicle
  222  operated on the highways of this state to stop and submit to an
  223  inspection of the vehicle or the driver’s records. If the
  224  vehicle or driver is found to be operating in an unsafe
  225  condition, or if any required part or equipment is not present
  226  or is not in proper repair or adjustment, and the continued
  227  operation would present an unduly hazardous operating condition,
  228  the officer or agent may require the vehicle or the driver to be
  229  removed from service pursuant to the North American Standard
  230  Out-of-Service Criteria, until corrected. However, if continuous
  231  operation would not present an unduly hazardous operating
  232  condition, the officer or agent may give written notice
  233  requiring correction of the condition within 15 days.
  234         (a) Any member of the Florida Highway Patrol or any law
  235  enforcement officer employed by a sheriff’s office or municipal
  236  police department authorized to enforce the traffic laws of this
  237  state pursuant to s. 316.640 who has reason to believe that a
  238  vehicle or driver is operating in an unsafe condition may, as
  239  provided in subsection (11), enforce the provisions of this
  240  section.
  241         (b) Any person who fails to comply with a an officer’s
  242  request to submit to an inspection under this subsection commits
  243  a violation of s. 843.02 if the person resists the officer
  244  without violence or a violation of s. 843.01 if the person
  245  resists the officer with violence.
  246         Section 6. Paragraphs (b) and (c) of subsection (1) of
  247  section 319.14, Florida Statutes, are amended to read:
  248         319.14 Sale of motor vehicles registered or used as
  249  taxicabs, police vehicles, lease vehicles, rebuilt vehicles,
  250  nonconforming vehicles, custom vehicles, or street rod vehicles;
  251  conversion of low-speed vehicles.—
  252         (1)
  253         (b) A person may not knowingly offer for sale, sell, or
  254  exchange a rebuilt vehicle until the department has stamped in a
  255  conspicuous place on the certificate of title for the vehicle
  256  words stating that the vehicle has been rebuilt or assembled
  257  from parts, or is a kit car, glider kit, replica, flood vehicle,
  258  custom vehicle, or street rod vehicle unless proper application
  259  for a certificate of title for a vehicle that is rebuilt or
  260  assembled from parts, or is a kit car, glider kit, replica,
  261  flood vehicle, custom vehicle, or street rod vehicle has been
  262  made to the department in accordance with this chapter and the
  263  department has conducted the physical examination of the vehicle
  264  to assure the identity of the vehicle and all major component
  265  parts, as defined in s. 319.30(1), which have been repaired or
  266  replaced. If a vehicle is identified as a flood vehicle, the
  267  words stamped on the certificate of title must identify the
  268  water type as “salt water,” “fresh water,” or “other or unknown
  269  water type,” as applicable. Thereafter, the department shall
  270  affix a decal to the vehicle, in the manner prescribed by the
  271  department, showing the vehicle to be rebuilt.
  272         (c) As used in this section, the term:
  273         9.1. “Police vehicle” means a motor vehicle owned or leased
  274  by the state or a county or municipality and used in law
  275  enforcement.
  276         13.2.a. “Short-term-lease vehicle” means a motor vehicle
  277  leased without a driver and under a written agreement to one or
  278  more persons from time to time for a period of less than 12
  279  months.
  280         7.b. “Long-term-lease vehicle” means a motor vehicle leased
  281  without a driver and under a written agreement to one person for
  282  a period of 12 months or longer.
  283         6.c. “Lease vehicle” includes both short-term-lease
  284  vehicles and long-term-lease vehicles.
  285         10.3. “Rebuilt vehicle” means a motor vehicle or mobile
  286  home built from salvage or junk, as defined in s. 319.30(1).
  287         1.4. “Assembled from parts” means a motor vehicle or mobile
  288  home assembled from parts or combined from parts of motor
  289  vehicles or mobile homes, new or used. The term “assembled from
  290  parts” does not include mean a motor vehicle defined as a
  291  “rebuilt vehicle” as defined in subparagraph 10. in subparagraph
  292  3., which has been declared a total loss pursuant to s. 319.30.
  293         5. “Kit car” means a motor vehicle assembled with a kit
  294  supplied by a manufacturer to rebuild a wrecked or outdated
  295  motor vehicle with a new body kit.
  296         4.6. “Glider kit” means a vehicle assembled with a kit
  297  supplied by a manufacturer to rebuild a wrecked or outdated
  298  truck or truck tractor.
  299         11.7. “Replica” means a complete new motor vehicle
  300  manufactured to look like an old vehicle.
  301         3.8. “Flood vehicle” means a motor vehicle or mobile home
  302  that has been declared to be a total loss pursuant to s.
  303  319.30(3)(a) resulting from damage caused by salt water, fresh
  304  water, or other or unknown type of water.
  305         8.9. “Nonconforming vehicle” means a motor vehicle that
  306  which has been purchased by a manufacturer pursuant to a
  307  settlement, determination, or decision under chapter 681.
  308         12.10. “Settlement” means an agreement entered into between
  309  a manufacturer and a consumer that occurs after a dispute is
  310  submitted to a program, or to an informal dispute settlement
  311  procedure established by a manufacturer, or is approved for
  312  arbitration before the Florida New Motor Vehicle Arbitration
  313  Board as defined in s. 681.102.
  314         2.11. “Custom vehicle” means a motor vehicle that:
  315         a. Is 25 years of age or older and of a model year after
  316  1948 or was manufactured to resemble a vehicle that is 25 years
  317  of age or older and of a model year after 1948; and
  318         b. Has been altered from the manufacturer’s original design
  319  or has a body constructed from nonoriginal materials.
  320  
  321  The model year and year of manufacture that the body of a custom
  322  vehicle resembles is the model year and year of manufacture
  323  listed on the certificate of title, regardless of when the
  324  vehicle was actually manufactured.
  325         14.12. “Street rod” means a motor vehicle that:
  326         a. Is of a model year of 1948 or older or was manufactured
  327  after 1948 to resemble a vehicle of a model year of 1948 or
  328  older; and
  329         b. Has been altered from the manufacturer’s original design
  330  or has a body constructed from nonoriginal materials.
  331  
  332  The model year and year of manufacture that the body of a street
  333  rod resembles is the model year and year of manufacture listed
  334  on the certificate of title, regardless of when the vehicle was
  335  actually manufactured.
  336         Section 7. Subsection (3) of section 319.23, Florida
  337  Statutes, is amended to read:
  338         319.23 Application for, and issuance of, certificate of
  339  title.—
  340         (3) If a certificate of title has not previously been
  341  issued for a motor vehicle or mobile home in this state, the
  342  application, unless otherwise provided for in this chapter,
  343  shall be accompanied by a proper bill of sale or sworn statement
  344  of ownership, or a duly certified copy thereof, or by a
  345  certificate of title, bill of sale, or other evidence of
  346  ownership required by the law of the state or country county
  347  from which the motor vehicle or mobile home was brought into
  348  this state. The application shall also be accompanied by:
  349         (a)1. A sworn affidavit from the seller and purchaser
  350  verifying that the vehicle identification number shown on the
  351  affidavit is identical to the vehicle identification number
  352  shown on the motor vehicle; or
  353         2. An appropriate departmental form evidencing that a
  354  physical examination has been made of the motor vehicle by the
  355  owner and by a duly constituted law enforcement officer in any
  356  state, a licensed motor vehicle dealer, a license inspector as
  357  provided by s. 320.58, or a notary public commissioned by this
  358  state and that the vehicle identification number shown on such
  359  form is identical to the vehicle identification number shown on
  360  the motor vehicle; and
  361         (b) If the vehicle is a used car original, a sworn
  362  affidavit from the owner verifying that the odometer reading
  363  shown on the affidavit is identical to the odometer reading
  364  shown on the motor vehicle in accordance with the requirements
  365  of 49 C.F.R. s. 580.5 at the time that application for title is
  366  made. For the purposes of this section, the term “used car
  367  original” means a used vehicle coming into and being titled in
  368  this state for the first time.
  369         (c) If the vehicle is an ancient or antique vehicle, as
  370  defined in s. 320.086, the application shall be accompanied by a
  371  certificate of title; a bill of sale and a registration; or a
  372  bill of sale and an affidavit by the owner defending the title
  373  from all claims. The bill of sale must contain a complete
  374  vehicle description to include the vehicle identification or
  375  engine number, year make, color, selling price, and signatures
  376  of the seller and purchaser.
  377  
  378  Verification of the vehicle identification number is not
  379  required for any new motor vehicle; any mobile home; any trailer
  380  or semitrailer with a net weight of less than 2,000 pounds; or
  381  any travel trailer, camping trailer, truck camper, or fifth
  382  wheel recreation trailer.
  383         Section 8. Paragraph (j) of subsection (1) and paragraph
  384  (b) of subsection (3) of section 319.30, Florida Statutes, are
  385  amended to read:
  386         319.30 Definitions; dismantling, destruction, change of
  387  identity of motor vehicle or mobile home; salvage.—
  388         (1) As used in this section, the term:
  389         (j) “Major component parts” means:
  390         1. For motor vehicles other than electric or plug-in hybrid
  391  motor vehicles and motorcycles, any fender, hood, bumper, cowl
  392  assembly, rear quarter panel, trunk lid, door, decklid, floor
  393  pan, engine, frame, transmission, catalytic converter, or
  394  airbag.
  395         2. For trucks, other than electric or plug-in hybrid motor
  396  vehicles, in addition to those parts listed in subparagraph 1.,
  397  any truck bed, including dump, wrecker, crane, mixer, cargo box,
  398  or any bed which mounts to a truck frame.
  399         3. For motorcycles, the body assembly, frame, fenders, gas
  400  tanks, engine, cylinder block, heads, engine case, crank case,
  401  transmission, drive train, front fork assembly, and wheels.
  402         4. For mobile homes, the frame.
  403         5.For electric or plug-in hybrid motor vehicles, any
  404  fender, hood, bumper, cowl assembly, rear quarter panel, trunk
  405  lid, door, decklid, floor pan, engine, electric traction motor,
  406  frame, transmission or electronic transmission, charge port, DC
  407  power converter, onboard charger, power electronics controller,
  408  thermal system, traction battery pack, catalytic converter, or
  409  airbag.
  410         (3)
  411         (b) The owner, including persons who are self-insured, of a
  412  motor vehicle or mobile home that is considered to be salvage
  413  shall, within 72 hours after the motor vehicle or mobile home
  414  becomes salvage, forward the title to the motor vehicle or
  415  mobile home to the department for processing. However, an
  416  insurance company that pays money as compensation for the total
  417  loss of a motor vehicle or mobile home shall obtain the
  418  certificate of title for the motor vehicle or mobile home, make
  419  the required notification to the National Motor Vehicle Title
  420  Information System, and, within 72 hours after receiving such
  421  certificate of title, forward such title by the United States
  422  Postal Service, by another commercial delivery service, or by
  423  electronic means, when such means are made available by the
  424  department, to the department for processing. The owner or
  425  insurance company, as applicable, may not dispose of a vehicle
  426  or mobile home that is a total loss before it obtains a salvage
  427  certificate of title or certificate of destruction from the
  428  department. Effective January 1, 2020:
  429         1. Thirty days after payment of a claim for compensation
  430  pursuant to this paragraph, the insurance company may receive a
  431  salvage certificate of title or certificate of destruction from
  432  the department if the insurance company is unable to obtain a
  433  properly assigned paper or electronic certificate of title from
  434  the owner or lienholder of the motor vehicle or mobile home, if
  435  the motor vehicle or mobile home does not carry an electronic
  436  lien on the title and the insurance company:
  437         a. Has obtained the release of all liens on the motor
  438  vehicle or mobile home or has fully paid the amounts due to the
  439  owner and the lienholder;
  440         b. Has attested on a form provided by the department that
  441  payment of the total loss claim has been distributed or, if a
  442  release of all liens has not been obtained, that amounts due to
  443  the owner and the lienholder have been paid in full; and
  444         c. Has attested on a form provided by the department and
  445  signed by the insurance company or its authorized agent stating
  446  the attempts that have been made to obtain the title from the
  447  owner or the lienholder and further stating that all attempts
  448  are to no avail. The form must include a request that the
  449  salvage certificate of title or certificate of destruction be
  450  issued in the insurance company’s name due to payment of a total
  451  loss claim to the owner or lienholder. The attempts to contact
  452  the owner or the lienholder may be by written request delivered
  453  in person or by first-class mail with a certificate of mailing
  454  to the owner’s or lienholder’s last known address.
  455         2. If the owner or the lienholder is notified of the
  456  request for title in person, the insurance company must provide
  457  an affidavit attesting to the in-person request for a
  458  certificate of title.
  459         3. The request to the owner or the lienholder for the
  460  certificate of title must include a complete description of the
  461  motor vehicle or mobile home and the statement that a total loss
  462  claim has been paid on the motor vehicle or mobile home.
  463  
  464  The department is not liable to, and may not be held liable by,
  465  an owner, a lienholder, or any other person as a result of the
  466  issuance of a salvage title or a certificate of destruction
  467  pursuant to this paragraph.
  468         Section 9. Paragraph (b) of subsection (1) of section
  469  320.06, Florida Statutes, is amended to read:
  470         320.06 Registration certificates, license plates, and
  471  validation stickers generally.—
  472         (1)
  473         (b)1. Registration license plates bearing a graphic symbol
  474  and the alphanumeric system of identification shall be issued
  475  for a 10-year period. At the end of the 10-year period, upon
  476  renewal, the plate shall be replaced. The department shall
  477  extend the scheduled license plate replacement date from a 6
  478  year period to a 10-year period. The fee for such replacement is
  479  $28, $2.80 of which shall be paid each year before the plate is
  480  replaced, to be credited toward the next $28 replacement fee.
  481  The fees shall be deposited into the Highway Safety Operating
  482  Trust Fund. A credit or refund may not be given for any prior
  483  years’ payments of the prorated replacement fee if the plate is
  484  replaced or surrendered before the end of the 10-year period,
  485  except that a credit may be given if a registrant is required by
  486  the department to replace a license plate under s.
  487  320.08056(8)(a). With each license plate, a validation sticker
  488  shall be issued showing the owner’s birth month, license plate
  489  number, and the year of expiration or the appropriate renewal
  490  period if the owner is not a natural person. The validation
  491  sticker shall be placed on the upper right corner of the license
  492  plate. The license plate and validation sticker shall be issued
  493  based on the applicant’s appropriate renewal period. The
  494  registration period is 12 months, the extended registration
  495  period is 24 months, and all expirations occur based on the
  496  applicant’s appropriate registration period. Rental vehicles
  497  taxed pursuant to s. 320.08(6)(a) and rental trucks taxed
  498  pursuant to ss. 320.08(3)(a), (b), and (c) and (4)(a)-(d) may
  499  elect a permanent registration period, provided payment of the
  500  appropriate license taxes and fees occurs annually.
  501         2. A vehicle that has an apportioned registration shall be
  502  issued an annual license plate and a cab card that denote the
  503  declared gross vehicle weight for each apportioned jurisdiction
  504  in which the vehicle is authorized to operate. This subparagraph
  505  expires June 30, 2024.
  506         3. Beginning July 1, 2024, a vehicle registered in
  507  accordance with the International Registration Plan must be
  508  issued a license plate for a 3-year period. At the end of the 3
  509  year period, upon renewal, the license plate must be replaced.
  510  Each license plate must include a validation sticker showing the
  511  month of expiration. A cab card denoting the declared gross
  512  vehicle weight for each apportioned jurisdiction must be issued
  513  annually. The fee for an original or a renewal cab card is $28,
  514  which must be deposited into the Highway Safety Operating Trust
  515  Fund. If the license plate is damaged or worn, it may be
  516  replaced at no charge by applying to the department and
  517  surrendering the current license plate.
  518         4. In order to retain the efficient administration of the
  519  taxes and fees imposed by this chapter, the 80-cent fee increase
  520  in the replacement fee imposed by chapter 2009-71, Laws of
  521  Florida, is negated as provided in s. 320.0804.
  522         Section 10. Present subsections (16) through (48) of
  523  section 322.01, Florida Statutes, are redesignated as
  524  subsections (17) through (49), respectively, a new subsection
  525  (16) is added to that section, and subsection (5) and present
  526  subsections (37) and (41) of that section are amended, to read:
  527         322.01 Definitions.—As used in this chapter:
  528         (5) “Cancellation” means the act of declaring a driver
  529  license void and terminated, but does not include a downgrade.
  530         (16) “Downgrade” has the same meaning as the term “CDL
  531  downgrade,” as defined in 49 C.F.R. s. 383.5(4).
  532         (38)(37) “Revocation” means the termination of a licensee’s
  533  privilege to drive, but does not include a downgrade.
  534         (42)(41) “Suspension” means the temporary withdrawal of a
  535  licensee’s privilege to drive a motor vehicle, but does not
  536  include a downgrade.
  537         Section 11. Subsection (2) of section 322.02, Florida
  538  Statutes, is amended to read:
  539         322.02 Legislative intent; administration.—
  540         (2) The Department of Highway Safety and Motor Vehicles is
  541  charged with the administration and function of enforcement of
  542  the provisions of this chapter and the enforcement and
  543  administration of 49 C.F.R. parts 382-386 and 390-397.
  544         Section 12. Present subsections (4) through (12) of section
  545  322.05, Florida Statutes, are redesignated as subsections (5)
  546  through (13), respectively, and a new subsection (4) is added to
  547  that section, to read:
  548         322.05 Persons not to be licensed.—The department may not
  549  issue a license:
  550         (4) To any person, as a commercial vehicle operator, who is
  551  ineligible to operate a commercial vehicle pursuant to 49 C.F.R.
  552  part 383.
  553         Section 13. Subsection (3) of section 322.07, Florida
  554  Statutes, is amended to read:
  555         322.07 Instruction permits and temporary licenses.—
  556         (3) Any person who, except for his or her lack of
  557  instruction in operating a commercial motor vehicle, would
  558  otherwise be qualified to obtain a commercial driver license
  559  under this chapter, may apply for a temporary commercial
  560  instruction permit. The department shall issue such a permit
  561  entitling the applicant, while having the permit in his or her
  562  immediate possession, to drive a commercial motor vehicle on the
  563  highways, if:
  564         (a) The applicant possesses a valid Florida driver license;
  565  and
  566         (b) The applicant, while operating a commercial motor
  567  vehicle, is accompanied by a licensed driver who is 21 years of
  568  age or older, who is licensed to operate the class of vehicle
  569  being operated, and who is occupying the closest seat to the
  570  right of the driver; and.
  571         (c) The department has not been notified pursuant to 49
  572  C.F.R. s. 382.501(a) that the applicant is prohibited from
  573  operating a commercial motor vehicle.
  574         Section 14. Subsection (4) of section 322.142, Florida
  575  Statutes, is amended to read:
  576         322.142 Color photographic or digital imaged licenses.—
  577         (4) The department may maintain a film negative or print
  578  file. The department shall maintain a record of the digital
  579  image and signature of the licensees, together with other data
  580  required by the department for identification and retrieval.
  581  Reproductions from the file or digital record are exempt from
  582  the provisions of s. 119.07(1) and may be made and issued only
  583  in any of the following manners:
  584         (a) For departmental administrative purposes.;
  585         (b) For the issuance of duplicate licenses.;
  586         (c) In response to law enforcement agency requests.;
  587         (d) To the Department of Business and Professional
  588  Regulation and the Department of Health pursuant to an
  589  interagency agreement for the purpose of accessing digital
  590  images for reproduction of licenses issued by the Department of
  591  Business and Professional Regulation or the Department of
  592  Health.;
  593         (e) To the Department of State pursuant to an interagency
  594  agreement to facilitate determinations of eligibility of voter
  595  registration applicants and registered voters in accordance with
  596  ss. 98.045 and 98.075.;
  597         (f) To the Department of Revenue pursuant to an interagency
  598  agreement for use in establishing paternity and establishing,
  599  modifying, or enforcing support obligations in Title IV-D
  600  cases.;
  601         (g) To the Department of Children and Families pursuant to
  602  an interagency agreement to conduct protective investigations
  603  under part III of chapter 39 and chapter 415.;
  604         (h) To the Department of Children and Families pursuant to
  605  an interagency agreement specifying the number of employees in
  606  each of that department’s regions to be granted access to the
  607  records for use as verification of identity to expedite the
  608  determination of eligibility for public assistance and for use
  609  in public assistance fraud investigations.;
  610         (i) To the Agency for Health Care Administration pursuant
  611  to an interagency agreement for the purpose of authorized
  612  agencies verifying photographs in the Care Provider Background
  613  Screening Clearinghouse authorized under s. 435.12.;
  614         (j) To the Department of Financial Services pursuant to an
  615  interagency agreement to facilitate the location of owners of
  616  unclaimed property, the validation of unclaimed property claims,
  617  the identification of fraudulent or false claims, and the
  618  investigation of allegations of violations of the insurance code
  619  by licensees and unlicensed persons.;
  620         (k) To the Department of Economic Opportunity pursuant to
  621  an interagency agreement to facilitate the validation of
  622  reemployment assistance claims and the identification of
  623  fraudulent or false reemployment assistance claims.;
  624         (l) To district medical examiners pursuant to an
  625  interagency agreement for the purpose of identifying a deceased
  626  individual, determining cause of death, and notifying next of
  627  kin of any investigations, including autopsies and other
  628  laboratory examinations, authorized in s. 406.11.;
  629         (m) To the following persons for the purpose of identifying
  630  a person as part of the official work of a court:
  631         1. A justice or judge of this state;
  632         2. An employee of the state courts system who works in a
  633  position that is designated in writing for access by the Chief
  634  Justice of the Supreme Court or a chief judge of a district or
  635  circuit court, or by his or her designee; or
  636         3. A government employee who performs functions on behalf
  637  of the state courts system in a position that is designated in
  638  writing for access by the Chief Justice or a chief judge, or by
  639  his or her designee.; or
  640         (n) To the Agency for Health Care Administration pursuant
  641  to an interagency agreement to prevent health care fraud. If the
  642  Agency for Health Care Administration enters into an agreement
  643  with a private entity to carry out duties relating to health
  644  care fraud prevention, such contracts shall include, but need
  645  not be limited to:
  646         1. Provisions requiring internal controls and audit
  647  processes to identify access, use, and unauthorized access of
  648  information.
  649         2. A requirement to report unauthorized access or use to
  650  the Agency for Health Care Administration within 1 business day
  651  after the discovery of the unauthorized access or use.
  652         3. Provisions for liquidated damages for unauthorized
  653  access or use of no less than $5,000 per occurrence.
  654         (o) To any criminal justice agency, as defined in s.
  655  943.045(11), pursuant to an interagency agreement for use in
  656  carrying out the criminal justice agency’s functions.
  657         (p) To the driver licensing agency of any other state for
  658  purposes of validating the identity of an applicant for a driver
  659  license or identification card.
  660         Section 15. Subsection (8) and paragraph (a) of subsection
  661  (9) of section 322.21, Florida Statutes, are amended to read:
  662         322.21 License fees; procedure for handling and collecting
  663  fees.—
  664         (8) A person who applies for reinstatement following the
  665  suspension or revocation of the person’s driver license must pay
  666  a service fee of $45 following a suspension, and $75 following a
  667  revocation, which is in addition to the fee for a license. A
  668  person who applies for reinstatement of a commercial driver
  669  license following the disqualification or downgrade of the
  670  person’s privilege to operate a commercial motor vehicle shall
  671  pay a service fee of $75, which is in addition to the fee for a
  672  license. The department shall collect all of these fees at the
  673  time of reinstatement. The department shall issue proper
  674  receipts for such fees and shall promptly transmit all funds
  675  received by it as follows:
  676         (a) Of the $45 fee received from a licensee for
  677  reinstatement following a suspension:
  678         1. If the reinstatement is processed by the department, the
  679  department shall deposit $15 in the General Revenue Fund and $30
  680  in the Highway Safety Operating Trust Fund.
  681         2. If the reinstatement is processed by the tax collector,
  682  $15, less the general revenue service charge set forth in s.
  683  215.20(1), shall be retained by the tax collector, $15 shall be
  684  deposited into the Highway Safety Operating Trust Fund, and $15
  685  shall be deposited into the General Revenue Fund.
  686         (b) Of the $75 fee received from a licensee for
  687  reinstatement following a revocation, or disqualification, or
  688  downgrade:
  689         1. If the reinstatement is processed by the department, the
  690  department shall deposit $35 in the General Revenue Fund and $40
  691  in the Highway Safety Operating Trust Fund.
  692         2. If the reinstatement is processed by the tax collector,
  693  $20, less the general revenue service charge set forth in s.
  694  215.20(1), shall be retained by the tax collector, $20 shall be
  695  deposited into the Highway Safety Operating Trust Fund, and $35
  696  shall be deposited into the General Revenue Fund.
  697  
  698  If the revocation or suspension of the driver license was for a
  699  violation of s. 316.193, or for refusal to submit to a lawful
  700  breath, blood, or urine test, an additional fee of $130 must be
  701  charged. However, only one $130 fee may be collected from one
  702  person convicted of violations arising out of the same incident.
  703  The department shall collect the $130 fee and deposit the fee
  704  into the Highway Safety Operating Trust Fund at the time of
  705  reinstatement of the person’s driver license, but the fee may
  706  not be collected if the suspension or revocation is overturned.
  707  If the revocation or suspension of the driver license was for a
  708  conviction for a violation of s. 817.234(8) or (9) or s.
  709  817.505, an additional fee of $180 is imposed for each offense.
  710  The department shall collect and deposit the additional fee into
  711  the Highway Safety Operating Trust Fund at the time of
  712  reinstatement of the person’s driver license.
  713         (9) An applicant:
  714         (a) Requesting a review authorized in s. 322.222, s.
  715  322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must
  716  pay a filing fee of $25 to be deposited into the Highway Safety
  717  Operating Trust Fund.
  718         Section 16. Section 322.591, Florida Statutes, is created
  719  to read:
  720         322.591 Commercial driver license and commercial
  721  instruction permit; Commercial Driver’s License Drug and Alcohol
  722  Clearinghouse; prohibition on issuance of commercial driver
  723  licenses; downgrades.—
  724         (1) Beginning November 18, 2024, when a person applies for
  725  or seeks to renew, transfer, or make any other change to a
  726  commercial driver license or commercial instruction permit, the
  727  department must obtain the driver’s record from the Commercial
  728  Driver’s License Drug and Alcohol Clearinghouse established
  729  pursuant to 49 C.F.R. part 382. The department may not issue,
  730  renew, transfer, or revise the types of authorized vehicles that
  731  may be operated or the endorsements applicable to a commercial
  732  driver license or commercial instruction permit for any person
  733  for whom the department receives notification pursuant to 49
  734  C.F.R. s. 382.501(a) that the person is prohibited from
  735  operating a commercial vehicle.
  736         (2) Beginning November 18, 2024, the department shall
  737  downgrade the commercial driver license or commercial
  738  instruction permit of any driver if the department receives
  739  notification that, pursuant to 49 C.F.R. s. 382.501(a), the
  740  driver is prohibited from operating a commercial motor vehicle.
  741  Any such downgrade must be completed and recorded by the
  742  department in the Commercial Driver’s License Information System
  743  within 60 days after the department’s receipt of such
  744  notification.
  745         (3)(a) Beginning November 18, 2024, upon receipt of
  746  notification pursuant to 49 C.F.R. s. 382.501(a) that a driver
  747  is prohibited from operating a motor vehicle, the department
  748  shall immediately notify the driver who is the subject of such
  749  notification that he or she is prohibited from operating a
  750  commercial motor vehicle and, upon his or her request, must
  751  afford him or her an opportunity for an informal hearing
  752  pursuant to this section. The department’s notice must be
  753  provided to the driver in the same manner as, and providing such
  754  notice has the same effect as, notices provided pursuant to s.
  755  322.251(1) and (2).
  756         (b) Such informal hearing must be requested not later than
  757  20 days after the driver receives the notice of the downgrade.
  758  If a request for a hearing, together with the filing fee
  759  required pursuant to s. 322.21, is not received within 20 days
  760  after receipt of such notice, the department must enter a final
  761  order directing the downgrade of the driver’s commercial driver
  762  license or commercial instruction permit, unless the department
  763  receives notification pursuant to 49 C.F.R. s. 382.503(a) that
  764  the driver is no longer prohibited from operating a commercial
  765  vehicle.
  766         (c) A hearing requested pursuant to paragraph (b) must be
  767  scheduled and held not later than 30 days after receipt by the
  768  department of a request for the hearing, together with the
  769  filing fee required pursuant to s. 322.21. The submission of a
  770  request for hearing pursuant to this subsection tolls the
  771  deadline to file a petition for writ of certiorari pursuant to
  772  s. 322.31 until after the department enters a final order after
  773  a hearing pursuant to this subsection.
  774         (d) The informal hearing authorized pursuant to this
  775  subsection is exempt from the provisions of chapter 120. Such
  776  hearing must be conducted before a hearing officer designated by
  777  the department. The hearing officer may conduct such hearing
  778  from any location in this state by means of communications
  779  technology.
  780         (e) The notification received by the department pursuant to
  781  49 C.F.R. s. 382.501(a) must be in the record for consideration
  782  by the hearing officer and in any proceeding pursuant to s.
  783  322.31 and is considered self-authenticating. The basis for the
  784  notification received by the department pursuant to 49 C.F.R. s.
  785  382.501(a) and the information in the Commercial Driver’s
  786  License Drug and Alcohol Clearinghouse which resulted in such
  787  notification is not subject to challenge in the hearing or in
  788  any proceeding brought under s. 322.31.
  789         (f) If, before the entry of a final order arising from a
  790  notification received by the department pursuant to 49 C.F.R. s.
  791  382.501(a), the department receives notification pursuant to 49
  792  C.F.R. s. 382.503(a) that the driver is no longer prohibited
  793  from operating a commercial vehicle, the department must dismiss
  794  the action to downgrade the driver’s commercial driver license
  795  or commercial instruction permit.
  796         (g) Upon the entry of a final order that results in the
  797  downgrade of a driver’s commercial driver license or commercial
  798  instruction permit, the department shall record immediately in
  799  the driver’s record that the driver is disqualified from
  800  operating or driving a commercial motor vehicle. The downgrade
  801  of a commercial driver license or commercial instruction permit
  802  pursuant to a final order entered pursuant to this section, and,
  803  upon the entry of a final order, the recording in the driver’s
  804  record that the driver subject to such a final order is
  805  disqualified from operating or driving a commercial motor
  806  vehicle, are not stayed during the pendency of any proceeding
  807  pursuant to s. 322.31.
  808         (h) If, after the entry of a final order that results in
  809  the downgrade of a driver’s commercial driver license or
  810  commercial instruction permit and the department recording in
  811  the driver’s record that the driver is disqualified from
  812  operating or driving a commercial motor vehicle, the department
  813  receives notification pursuant to 49 C.F.R. s. 382.503(a) that
  814  the driver is no longer prohibited from operating a commercial
  815  vehicle, the department must reinstate the driver’s commercial
  816  driver license or commercial instruction permit upon application
  817  by such driver.
  818         (i) The department is not liable for any commercial driver
  819  license or commercial instruction permit downgrade resulting
  820  from the discharge of its duties.
  821         (j) This section is the exclusive procedure for the
  822  downgrade of a commercial driver license or commercial
  823  instruction permit following notification the department
  824  receives pursuant to 49 C.F.R. s. 382.501(a) that a driver is
  825  prohibited from operating a commercial motor vehicle.
  826         (k) The downgrade of a commercial driver license or
  827  commercial instruction permit of a person pursuant to this
  828  section does not preclude the suspension of the driving
  829  privilege for that person pursuant to s. 322.2615 or the
  830  disqualification of that person from operating a commercial
  831  vehicle pursuant to s. 322.64. The driving privilege of a person
  832  whose commercial driver license or commercial instruction permit
  833  has been downgraded pursuant to this section also may be
  834  suspended for a violation of s. 316.193.
  835         (4) Beginning November 18, 2024, a driver for whom the
  836  department receives notification that, pursuant to 49 C.F.R. s.
  837  382.501(a), such person is prohibited from operating a
  838  commercial motor vehicle may, if otherwise qualified, be issued
  839  a Class E driver license pursuant to s. 322.251(4), valid for
  840  the length of his or her unexpired license period, at no cost.
  841         Section 17. Subsection (2) of section 322.34, Florida
  842  Statutes, is amended to read:
  843         322.34 Driving while license suspended, revoked, canceled,
  844  or disqualified.—
  845         (2) Any person whose driver license or driving privilege
  846  has been canceled, suspended, or revoked as provided by law, or
  847  who does not have a driver license or driving privilege but is
  848  under suspension or revocation equivalent status as defined in
  849  s. 322.01 s. 322.01(42), except persons defined in s. 322.264,
  850  who, knowing of such cancellation, suspension, revocation, or
  851  suspension or revocation equivalent status, drives any motor
  852  vehicle upon the highways of this state while such license or
  853  privilege is canceled, suspended, or revoked, or while under
  854  suspension or revocation equivalent status, commits:
  855         (a) A misdemeanor of the second degree, punishable as
  856  provided in s. 775.082 or s. 775.083.
  857         (b)1. A misdemeanor of the first degree, punishable as
  858  provided in s. 775.082 or s. 775.083, upon a second or
  859  subsequent conviction, except as provided in paragraph (c).
  860         2. A person convicted of a third or subsequent conviction,
  861  except as provided in paragraph (c), must serve a minimum of 10
  862  days in jail.
  863         (c) A felony of the third degree, punishable as provided in
  864  s. 775.082, s. 775.083, or s. 775.084, upon a third or
  865  subsequent conviction if the current violation of this section
  866  or the most recent prior violation of the section is related to
  867  driving while license canceled, suspended, revoked, or
  868  suspension or revocation equivalent status resulting from a
  869  violation of:
  870         1. Driving under the influence;
  871         2. Refusal to submit to a urine, breath-alcohol, or blood
  872  alcohol test;
  873         3. A traffic offense causing death or serious bodily
  874  injury; or
  875         4. Fleeing or eluding.
  876  
  877  The element of knowledge is satisfied if the person has been
  878  previously cited as provided in subsection (1); or the person
  879  admits to knowledge of the cancellation, suspension, or
  880  revocation, or suspension or revocation equivalent status; or
  881  the person received notice as provided in subsection (4). There
  882  shall be a rebuttable presumption that the knowledge requirement
  883  is satisfied if a judgment or order as provided in subsection
  884  (4) appears in the department’s records for any case except for
  885  one involving a suspension by the department for failure to pay
  886  a traffic fine or for a financial responsibility violation.
  887         Section 18. Subsection (4) of section 322.61, Florida
  888  Statutes, is amended to read:
  889         322.61 Disqualification from operating a commercial motor
  890  vehicle.—
  891         (4) Any person who is transporting hazardous materials as
  892  defined in s. 322.01 s. 322.01(24) shall, upon conviction of an
  893  offense specified in subsection (3), be disqualified from
  894  operating a commercial motor vehicle for a period of 3 years.
  895  The penalty provided in this subsection shall be in addition to
  896  any other applicable penalty.
  897         Section 19. Except as otherwise expressly provided in this
  898  act, this act shall take effect July 1, 2023.