Florida Senate - 2023 CS for SB 1252
By the Committee on Transportation; and Senator DiCeglie
596-03095-23 20231252c1
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; amending s. 207.004, F.S.;
4 requiring the department or its authorized agent to
5 issue certain licenses and fuel tax decals; amending
6 s. 316.066, F.S.; requiring traffic law enforcement
7 agencies to provide uniform crash reports to the
8 department by electronic means; requiring that such
9 crash reports be consistent with certain rules and
10 procedures and to be numbered and inventoried;
11 providing a declaration of important state interest;
12 amending s. 316.2935, F.S.; providing an exception to
13 requirements for certification of air pollution
14 control equipment by a motor vehicle seller, lessor,
15 or transferor; amending s. 316.302, F.S.; revising the
16 list of federal rules and regulations to which owners
17 and drivers of certain commercial motor vehicles are
18 subject; amending s. 319.14, F.S.; requiring that a
19 certificate of title for a flood vehicle specify the
20 type of water that caused damage to the vehicle, as
21 applicable; revising the definition of the term “flood
22 vehicle”; making technical changes; amending s.
23 319.23, F.S.; making technical changes; amending s.
24 319.28, F.S.; providing that a certain affidavit
25 constitutes proof of ownership and right of possession
26 to a motor vehicle or mobile home the previous owner
27 of which died testate; amending s. 319.29, F.S.;
28 prohibiting the department or a tax collector from
29 charging a fee for reissuance of certain certificates
30 of title; amending s. 319.30, F.S.; revising the
31 definition of the terms “independent entity” and
32 “major component parts”; defining the term “vessel”;
33 revising provisions relating to obtaining a salvage
34 certificate of title or certificate of destruction;
35 exempting the department from liability to certain
36 persons as a result of the issuance of such
37 certificate; extending current requirements for an
38 independent entity’s release of a damaged or
39 dismantled vehicle to vessels; authorizing the
40 independent entity to apply for certain certificates
41 for an unclaimed vessel; providing requirements for
42 such application; specifying provisions to which the
43 independent entity is subject; prohibiting the
44 independent entity from charging vessel storage fees;
45 amending s. 320.06, F.S.; authorizing permanent
46 registration of certain rental trucks; authorizing the
47 department to deem a license plate with reduced
48 dimensions to be necessary to accommodate trailers;
49 making technical changes; amending s. 320.084, F.S.;
50 providing that certain disabled veterans may, upon
51 request, be issued a military license plate or
52 specialty license plate in lieu of a “DV” license
53 plate; specifying applicable fees; specifying
54 nonapplicability of certain provisions; amending s.
55 322.01, F.S.; revising definitions; defining the term
56 “downgrade”; amending s. 322.02, F.S.; charging the
57 department with enforcement and administration of
58 certain federal provisions; amending s. 322.05, F.S.;
59 prohibiting the department from issuing a commercial
60 motor vehicle operator license to certain persons;
61 amending s. 322.07, F.S.; revising requirements for
62 issuance of a temporary commercial instruction permit;
63 amending s. 322.141, F.S.; requiring that certain
64 information on the driver license or identification
65 card of a sexual offender or sexual predator be
66 printed in red; amending s. 322.142, F.S.; authorizing
67 the department to issue reproductions of certain files
68 and records to certain criminal justice or driver
69 licensing agencies for certain purposes; amending s.
70 322.21, F.S.; authorizing reinstatement of a
71 commercial driver license after a downgrade of the
72 person’s privilege to operate a commercial motor
73 vehicle under certain circumstances; making technical
74 changes; creating s. 322.591, F.S.; requiring the
75 department to obtain a driver’s record from the
76 Commercial Driver’s License Drug and Alcohol
77 Clearinghouse under certain circumstances; prohibiting
78 the department from issuing, renewing, transferring,
79 or revising the types of authorized vehicles or the
80 endorsements of certain commercial driver licenses or
81 commercial instruction permits if the department
82 receives a certain notification; requiring the
83 department to downgrade a commercial driver license or
84 commercial instruction permit within a specified
85 timeframe if the department receives a certain
86 notification; requiring the department to notify
87 certain drivers of their prohibition from operating a
88 commercial motor vehicle and, upon request, afford
89 them an opportunity for an informal hearing; providing
90 requirements for such notice and hearing; requiring
91 the department to enter a final order to downgrade a
92 commercial driver license or commercial instruction
93 permit under certain circumstances; specifying that a
94 request for a hearing tolls certain deadlines;
95 specifying that certain notifications received by the
96 department must be in the record for consideration and
97 are self-authenticating; specifying that the basis for
98 the notification and the information in the Commercial
99 Driver’s License Drug and Alcohol Clearinghouse are
100 not subject to challenge; requiring the department to
101 dismiss the downgrade of a commercial driver license
102 or instruction permit under certain circumstances;
103 requiring the department to record in the driver’s
104 record that he or she is disqualified from operating a
105 commercial motor vehicle under certain circumstances;
106 specifying that certain actions are not stayed during
107 the pendency of certain proceedings; requiring the
108 department to reinstate a commercial driver license or
109 commercial instruction permit under certain
110 circumstances; exempting the department from liability
111 for certain commercial driver license or commercial
112 instruction permit downgrades; designating the
113 exclusive procedure for the downgrade of certain
114 commercial driver licenses or commercial instruction
115 permits; providing construction and applicability;
116 authorizing the department to issue at no cost a
117 specified driver license to certain persons prohibited
118 from operating a commercial motor vehicle; amending
119 ss. 322.34 and 322.61, F.S.; conforming cross
120 references; making technical changes; amending ss.
121 324.0221, 324.131, 627.311, and 627.351, F.S.;
122 conforming provisions to changes made by the act;
123 making technical changes; amending s. 627.7275, F.S.;
124 deleting provisions relating to noncancelable motor
125 vehicle insurance; making technical changes; providing
126 effective dates.
127
128 Be It Enacted by the Legislature of the State of Florida:
129
130 Section 1. Paragraph (a) of subsection (1) of section
131 207.004, Florida Statutes, is amended to read:
132 207.004 Registration of motor carriers; identifying
133 devices; fees; renewals; temporary fuel-use permits and
134 driveaway permits.—
135 (1)(a) A No motor carrier may not shall operate or cause to
136 be operated in this state any commercial motor vehicle, other
137 than a Florida-based commercial motor vehicle that travels
138 Florida intrastate mileage only, that uses diesel fuel or motor
139 fuel until such carrier has registered with the department or
140 has registered under a cooperative reciprocal agreement as
141 described in s. 207.0281, after such time as this state enters
142 into such agreement, and has been issued an identifying device
143 or such carrier has been issued a permit as authorized under
144 subsections (4) and (5) for each vehicle operated. The fee for
145 each such identifying device issued is There shall be a fee of
146 $4 per year or any fraction thereof for each such identifying
147 device issued. The identifying device must shall be provided by
148 the department and must be conspicuously displayed on the
149 commercial motor vehicle as prescribed by the department while
150 it is being operated on the public highways of this state. The
151 transfer of an identifying device from one vehicle to another
152 vehicle or from one motor carrier to another motor carrier is
153 prohibited. The department or its authorized agent shall issue
154 licenses and fuel tax decals.
155 Section 2. Effective July 1, 2025, section 316.066, Florida
156 Statutes, is amended to read:
157 316.066 Written reports of crashes; electronic submission.—
158 (1)(a) All traffic law enforcement agencies must provide
159 uniform crash reports by electronic means to the department.
160 Such crash reports must be consistent with the state traffic
161 crash manual rules and the procedures established by the
162 department and must be appropriately numbered and inventoried. A
163 Florida Traffic Crash Report, Long Form must be completed and
164 electronically submitted to the department within 10 days after
165 an investigation is completed by the law enforcement officer who
166 in the regular course of duty investigates a motor vehicle crash
167 that:
168 1. Resulted in death of, personal injury to, or any
169 indication of complaints of pain or discomfort by any of the
170 parties or passengers involved in the crash;
171 2. Involved a violation of s. 316.061(1) or s. 316.193;
172 3. Rendered a vehicle inoperable to a degree that required
173 a wrecker to remove it from the scene of the crash; or
174 4. Involved a commercial motor vehicle.
175 (b) The Florida Traffic Crash Report, Long Form must
176 include:
177 1. The date, time, and location of the crash.
178 2. A description of the vehicles involved.
179 3. The names and addresses of the parties involved,
180 including all drivers and passengers, and the identification of
181 the vehicle in which each was a driver or a passenger.
182 4. The names and addresses of witnesses.
183 5. The name, badge number, and law enforcement agency of
184 the officer investigating the crash.
185 6. The names of the insurance companies for the respective
186 parties involved in the crash.
187 (c) In any crash for which a Florida Traffic Crash Report,
188 Long Form is not required by this section and which occurs on
189 the public roadways of this state, the law enforcement officer
190 shall complete a short-form crash report or provide a driver
191 exchange-of-information form, to be completed by all drivers and
192 passengers involved in the crash, which requires the
193 identification of each vehicle that the drivers and passengers
194 were in. The short-form report must include:
195 1. The date, time, and location of the crash.
196 2. A description of the vehicles involved.
197 3. The names and addresses of the parties involved,
198 including all drivers and passengers, and the identification of
199 the vehicle in which each was a driver or a passenger.
200 4. The names and addresses of witnesses.
201 5. The name, badge number, and law enforcement agency of
202 the officer investigating the crash.
203 6. The names of the insurance companies for the respective
204 parties involved in the crash.
205 (d) Each party to the crash must provide the law
206 enforcement officer with proof of insurance, which must be
207 documented in the crash report. If a law enforcement officer
208 submits a report on the crash, proof of insurance must be
209 provided to the officer by each party involved in the crash. Any
210 party who fails to provide the required information commits a
211 noncriminal traffic infraction, punishable as a nonmoving
212 violation as provided in chapter 318, unless the officer
213 determines that due to injuries or other special circumstances
214 such insurance information cannot be provided immediately. If
215 the person provides the law enforcement agency, within 24 hours
216 after the crash, proof of insurance that was valid at the time
217 of the crash, the law enforcement agency may void the citation.
218 (e) The driver of a vehicle that was in any manner involved
219 in a crash resulting in damage to a vehicle or other property
220 which does not require a law enforcement report shall, within 10
221 days after the crash, submit a written report of the crash to
222 the department. The report must shall be submitted on a form
223 approved by the department.
224 (f) Long-form and short-form crash reports prepared by law
225 enforcement must be submitted to the department and may be
226 maintained by the law enforcement officer’s agency.
227 (2)(a) Crash reports that reveal the identity, home or
228 employment telephone number or home or employment address of, or
229 other personal information concerning the parties involved in
230 the crash and that are held by any agency that regularly
231 receives or prepares information from or concerning the parties
232 to motor vehicle crashes are confidential and exempt from s.
233 119.07(1) and s. 24(a), Art. I of the State Constitution for a
234 period of 60 days after the date the report is filed.
235 (b) Crash reports held by an agency under paragraph (a) may
236 be made immediately available to the parties involved in the
237 crash, their legal representatives, their licensed insurance
238 agents, their insurers or insurers to which they have applied
239 for coverage, persons under contract with such insurers to
240 provide claims or underwriting information, prosecutorial
241 authorities, law enforcement agencies, the Department of
242 Transportation, county traffic operations, victim services
243 programs, radio and television stations licensed by the Federal
244 Communications Commission, newspapers qualified to publish legal
245 notices under ss. 50.011 and 50.031, and, in accordance with
246 paragraph (f), free newspapers of general circulation, published
247 once a week or more often, of which at least 7,500 copies are
248 distributed by mail or by carrier as verified by a postal
249 statement or by a notarized printer’s statement of press run,
250 which are intended to be generally distributed and circulated,
251 and which contain news of general interest with at least 10
252 pages per publication, available and of interest to the public
253 generally for the dissemination of news. For the purposes of
254 this section, the following products or publications are not
255 newspapers as referred to in this section: those intended
256 primarily for members of a particular profession or occupational
257 group; those with the primary purpose of distributing
258 advertising; and those with the primary purpose of publishing
259 names and other personal identifying information concerning
260 parties to motor vehicle crashes.
261 (c) Any local, state, or federal agency that is authorized
262 to have access to crash reports by any provision of law shall be
263 granted such access in the furtherance of the agency’s statutory
264 duties.
265 (d) As a condition precedent to accessing a crash report
266 within 60 days after the date the report is filed, a person must
267 present a valid driver license or other photographic
268 identification, proof of status, or identification that
269 demonstrates his or her qualifications to access that
270 information and file a written sworn statement with the state or
271 local agency in possession of the information stating that
272 information from a crash report made confidential and exempt by
273 this section will not be used for any commercial solicitation of
274 accident victims, or knowingly disclosed to any third party for
275 the purpose of such solicitation, during the period of time that
276 the information remains confidential and exempt. Such written
277 sworn statement must be completed and sworn to by the requesting
278 party for each individual crash report that is being requested
279 within 60 days after the report is filed. In lieu of requiring
280 the written sworn statement, an agency may provide crash reports
281 by electronic means to third-party vendors under contract with
282 one or more insurers, but only when such contract states that
283 information from a crash report made confidential and exempt by
284 this section will not be used for any commercial solicitation of
285 accident victims by the vendors, or knowingly disclosed by the
286 vendors to any third party for the purpose of such solicitation,
287 during the period of time that the information remains
288 confidential and exempt, and only when a copy of such contract
289 is furnished to the agency as proof of the vendor’s claimed
290 status.
291 (e) This subsection does not prevent the dissemination or
292 publication of news to the general public by any legitimate
293 media entitled to access confidential and exempt information
294 pursuant to this section.
295 (3)(a) Any driver failing to file the written report
296 required under subsection (1) commits a noncriminal traffic
297 infraction, punishable as a nonmoving violation as provided in
298 chapter 318.
299 (b) Any employee of a state or local agency in possession
300 of information made confidential and exempt by this section who
301 knowingly discloses such confidential and exempt information to
302 a person not entitled to access such information under this
303 section commits a felony of the third degree, punishable as
304 provided in s. 775.082, s. 775.083, or s. 775.084.
305 (c) Any person, knowing that he or she is not entitled to
306 obtain information made confidential and exempt by this section,
307 who obtains or attempts to obtain such information commits a
308 felony of the third degree, punishable as provided in s.
309 775.082, s. 775.083, or s. 775.084.
310 (d) Any person who knowingly uses confidential and exempt
311 information in violation of a filed written sworn statement or
312 contractual agreement required by this section commits a felony
313 of the third degree, punishable as provided in s. 775.082, s.
314 775.083, or s. 775.084.
315 (4) Except as specified in this subsection, each crash
316 report made by a person involved in a crash and any statement
317 made by such person to a law enforcement officer for the purpose
318 of completing a crash report required by this section must shall
319 be without prejudice to the individual so reporting. Such report
320 or statement may not be used as evidence in any trial, civil or
321 criminal. However, subject to the applicable rules of evidence,
322 a law enforcement officer at a criminal trial may testify as to
323 any statement made to the officer by the person involved in the
324 crash if that person’s privilege against self-incrimination is
325 not violated. The results of breath, urine, and blood tests
326 administered as provided in s. 316.1932 or s. 316.1933 are not
327 confidential and are admissible into evidence in accordance with
328 the provisions of s. 316.1934(2).
329 (5) A law enforcement officer, as defined in s. 943.10(1),
330 may enforce this section.
331 Section 3. The Legislature finds that a proper and
332 legitimate purpose is served when crash reports required under
333 s. 316.066, Florida Statutes, are filed electronically with the
334 Department of Highway Safety and Motor Vehicles by all entities
335 required to submit crash reports. Electronic filing will
336 expedite the availability of crash reports to the persons
337 authorized to receive them, simplify the process of making crash
338 reports available, and expedite the availability of information
339 derived from crash reports to improve highway safety. The
340 requirement of this act that all law enforcement agencies that
341 prepare crash reports submit the completed crash reports
342 electronically to the Department of Highway Safety and Motor
343 Vehicles applies to all similarly situated persons, including
344 school district law enforcement agencies, state university law
345 enforcement agencies, and state law enforcement agencies.
346 Therefore, the Legislature determines and declares that the
347 amendments made by this act to s. 316.066, Florida Statutes,
348 fulfill an important state interest.
349 Section 4. Paragraph (b) of subsection (1) of section
350 316.2935, Florida Statutes, is amended to read:
351 316.2935 Air pollution control equipment; tampering
352 prohibited; penalty.—
353 (1)
354 (b) At the time of sale, lease, or transfer of title of a
355 motor vehicle, the seller, lessor, or transferor shall certify
356 in writing to the purchaser, lessee, or transferee that the air
357 pollution control equipment of the motor vehicle has not been
358 tampered with by the seller, lessor, or transferor or their
359 agents, employees, or other representatives. A licensed motor
360 vehicle dealer shall also visually observe those air pollution
361 control devices listed by department rule pursuant to subsection
362 (7), and certify that they are in place, and appear properly
363 connected and undamaged. Such certification may shall not be
364 deemed or construed as a warranty that the pollution control
365 devices of the subject vehicle are in functional condition, nor
366 does the execution or delivery of this certification create by
367 itself grounds for a cause of action between the parties to this
368 transaction. This paragraph does not apply if the purchaser of
369 the motor vehicle is a lessee purchasing the leased motor
370 vehicle or if the licensed motor vehicle dealer is not in
371 possession of the motor vehicle at the time of sale.
372 Section 5. Paragraphs (a), (b), and (e) of subsection (1),
373 paragraph (d) of subsection (2), and subsection (9) of section
374 316.302, Florida Statutes, are amended to read:
375 316.302 Commercial motor vehicles; safety regulations;
376 transporters and shippers of hazardous materials; enforcement.—
377 (1)(a) All owners and drivers of commercial motor vehicles
378 that are operated on the public highways of this state while
379 engaged in interstate commerce are subject to the rules and
380 regulations contained in 49 C.F.R. parts 382, 383, 384, 385,
381 386, and 390-397.
382 (b) Except as otherwise provided in this section, all
383 owners and drivers of commercial motor vehicles that are engaged
384 in intrastate commerce are subject to the rules and regulations
385 contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390
386 397, as such rules and regulations existed on December 31, 2022
387 2020.
388 (e) A person who operates a commercial motor vehicle solely
389 in intrastate commerce which does not transport hazardous
390 materials in amounts that require placarding pursuant to 49
391 C.F.R. part 172 need not comply with the requirements of
392 electronic logging devices and hours of service supporting
393 documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
394 until December 31, 2019.
395 (2)
396 (d) A person who operates a commercial motor vehicle solely
397 in intrastate commerce not transporting any hazardous material
398 in amounts that require placarding pursuant to 49 C.F.R. part
399 172 within a 150 air-mile radius of the location where the
400 vehicle is based need not comply with 49 C.F.R. ss. 395.8 and
401 395.11 s. 395.8 if the requirements of 49 C.F.R. s. 395.1(e)(1)
402 (iii) and (iv) 49 C.F.R. s. 395.1(e)(1) (ii), (iii)(A) and (C),
403 and (v) are met.
404 (9) For the purpose of enforcing this section, any law
405 enforcement officer of the Department of Highway Safety and
406 Motor Vehicles or duly appointed agent who holds a current
407 safety inspector certification from the Commercial Vehicle
408 Safety Alliance may require the driver of any commercial vehicle
409 operated on the highways of this state to stop and submit to an
410 inspection of the vehicle or the driver’s records. If the
411 vehicle or driver is found to be operating in an unsafe
412 condition, or if any required part or equipment is not present
413 or is not in proper repair or adjustment, and the continued
414 operation would present an unduly hazardous operating condition,
415 the officer or agent may require the vehicle or the driver to be
416 removed from service pursuant to the North American Standard
417 Out-of-Service Criteria, until corrected. However, if continuous
418 operation would not present an unduly hazardous operating
419 condition, the officer or agent may give written notice
420 requiring correction of the condition within 15 days.
421 (a) Any member of the Florida Highway Patrol or any law
422 enforcement officer employed by a sheriff’s office or municipal
423 police department authorized to enforce the traffic laws of this
424 state pursuant to s. 316.640 who has reason to believe that a
425 vehicle or driver is operating in an unsafe condition may, as
426 provided in subsection (11), enforce the provisions of this
427 section.
428 (b) Any person who fails to comply with a an officer’s
429 request to submit to an inspection under this subsection commits
430 a violation of s. 843.02 if the person resists the officer
431 without violence or a violation of s. 843.01 if the person
432 resists the officer with violence.
433 Section 6. Paragraphs (b) and (c) of subsection (1) of
434 section 319.14, Florida Statutes, are amended to read:
435 319.14 Sale of motor vehicles registered or used as
436 taxicabs, police vehicles, lease vehicles, rebuilt vehicles,
437 nonconforming vehicles, custom vehicles, or street rod vehicles;
438 conversion of low-speed vehicles.—
439 (1)
440 (b) A person may not knowingly offer for sale, sell, or
441 exchange a rebuilt vehicle until the department has stamped in a
442 conspicuous place on the certificate of title for the vehicle
443 words stating that the vehicle has been rebuilt or assembled
444 from parts, or is a kit car, glider kit, replica, flood vehicle,
445 custom vehicle, or street rod vehicle unless proper application
446 for a certificate of title for a vehicle that is rebuilt or
447 assembled from parts, or is a kit car, glider kit, replica,
448 flood vehicle, custom vehicle, or street rod vehicle has been
449 made to the department in accordance with this chapter and the
450 department has conducted the physical examination of the vehicle
451 to assure the identity of the vehicle and all major component
452 parts, as defined in s. 319.30(1), which have been repaired or
453 replaced. If a vehicle is identified as a flood vehicle, the
454 words stamped on the certificate of title must identify the type
455 of water that caused damage to the vehicle as “salt water,”
456 “fresh water,” or “other or unknown water type,” as applicable.
457 Thereafter, the department shall affix a decal to the vehicle,
458 in the manner prescribed by the department, showing the vehicle
459 to be rebuilt.
460 (c) As used in this section, the term:
461 9.1. “Police vehicle” means a motor vehicle owned or leased
462 by the state or a county or municipality and used in law
463 enforcement.
464 13.2.a. “Short-term-lease vehicle” means a motor vehicle
465 leased without a driver and under a written agreement to one or
466 more persons from time to time for a period of less than 12
467 months.
468 7.b. “Long-term-lease vehicle” means a motor vehicle leased
469 without a driver and under a written agreement to one person for
470 a period of 12 months or longer.
471 6.c. “Lease vehicle” includes both short-term-lease
472 vehicles and long-term-lease vehicles.
473 10.3. “Rebuilt vehicle” means a motor vehicle or mobile
474 home built from salvage or junk, as defined in s. 319.30(1).
475 1.4. “Assembled from parts” means a motor vehicle or mobile
476 home assembled from parts or combined from parts of motor
477 vehicles or mobile homes, new or used. The term “assembled from
478 parts” does not include mean a motor vehicle defined as a
479 “rebuilt vehicle” as defined in subparagraph 10. in subparagraph
480 3., which has been declared a total loss pursuant to s. 319.30.
481 5. “Kit car” means a motor vehicle assembled with a kit
482 supplied by a manufacturer to rebuild a wrecked or outdated
483 motor vehicle with a new body kit.
484 4.6. “Glider kit” means a vehicle assembled with a kit
485 supplied by a manufacturer to rebuild a wrecked or outdated
486 truck or truck tractor.
487 11.7. “Replica” means a complete new motor vehicle
488 manufactured to look like an old vehicle.
489 3.8. “Flood vehicle” means a motor vehicle or mobile home
490 that has been declared to be a total loss pursuant to s.
491 319.30(3)(a) resulting from damage caused by salt water, fresh
492 water, or other or unknown type of water.
493 8.9. “Nonconforming vehicle” means a motor vehicle that
494 which has been purchased by a manufacturer pursuant to a
495 settlement, determination, or decision under chapter 681.
496 12.10. “Settlement” means an agreement entered into between
497 a manufacturer and a consumer which that occurs after a dispute
498 is submitted to a program, or to an informal dispute settlement
499 procedure established by a manufacturer, or is approved for
500 arbitration before the Florida New Motor Vehicle Arbitration
501 Board as defined in s. 681.102.
502 2.11. “Custom vehicle” means a motor vehicle that:
503 a. Is 25 years of age or older and of a model year after
504 1948 or was manufactured to resemble a vehicle that is 25 years
505 of age or older and of a model year after 1948; and
506 b. Has been altered from the manufacturer’s original design
507 or has a body constructed from nonoriginal materials.
508
509 The model year and year of manufacture that the body of a custom
510 vehicle resembles is the model year and year of manufacture
511 listed on the certificate of title, regardless of when the
512 vehicle was actually manufactured.
513 14.12. “Street rod” means a motor vehicle that:
514 a. Is of a model year of 1948 or older or was manufactured
515 after 1948 to resemble a vehicle of a model year of 1948 or
516 older; and
517 b. Has been altered from the manufacturer’s original design
518 or has a body constructed from nonoriginal materials.
519
520 The model year and year of manufacture that the body of a street
521 rod resembles is the model year and year of manufacture listed
522 on the certificate of title, regardless of when the vehicle was
523 actually manufactured.
524 Section 7. Subsection (3) of section 319.23, Florida
525 Statutes, is amended to read:
526 319.23 Application for, and issuance of, certificate of
527 title.—
528 (3) If a certificate of title has not previously been
529 issued for a motor vehicle or mobile home in this state, the
530 application must, unless otherwise provided for in this chapter,
531 shall be accompanied by a proper bill of sale or sworn statement
532 of ownership, or a duly certified copy thereof, or by a
533 certificate of title, bill of sale, or other evidence of
534 ownership required by the law of the state or country county
535 from which the motor vehicle or mobile home was brought into
536 this state. The application must shall also be accompanied by:
537 (a)1. A sworn affidavit from the seller and purchaser
538 verifying that the vehicle identification number shown on the
539 affidavit is identical to the vehicle identification number
540 shown on the motor vehicle; or
541 2. An appropriate departmental form evidencing that a
542 physical examination has been made of the motor vehicle by the
543 owner and by a duly constituted law enforcement officer in any
544 state, a licensed motor vehicle dealer, a license inspector as
545 provided by s. 320.58, or a notary public commissioned by this
546 state and that the vehicle identification number shown on such
547 form is identical to the vehicle identification number shown on
548 the motor vehicle; and
549 (b) If the vehicle is a used car original, a sworn
550 affidavit from the owner verifying that the odometer reading
551 shown on the affidavit is identical to the odometer reading
552 shown on the motor vehicle in accordance with the requirements
553 of 49 C.F.R. s. 580.5 at the time that application for title is
554 made. For the purposes of this section, the term “used car
555 original” means a used vehicle coming into and being titled in
556 this state for the first time.
557 (c) If the vehicle is an ancient or antique vehicle, as
558 defined in s. 320.086, the application must shall be accompanied
559 by a certificate of title; a bill of sale and a registration; or
560 a bill of sale and an affidavit by the owner defending the title
561 from all claims. The bill of sale must contain a complete
562 vehicle description to include the vehicle identification or
563 engine number, year make, color, selling price, and signatures
564 of the seller and purchaser.
565
566 Verification of the vehicle identification number is not
567 required for any new motor vehicle; any mobile home; any trailer
568 or semitrailer with a net weight of less than 2,000 pounds; or
569 any travel trailer, camping trailer, truck camper, or fifth
570 wheel recreation trailer.
571 Section 8. Present paragraphs (c) and (d) of subsection (1)
572 of section 319.28, Florida Statutes, are redesignated as
573 paragraphs (d) and (e), respectively, and a new paragraph (c) is
574 added to that subsection, to read:
575 319.28 Transfer of ownership by operation of law.—
576 (1)
577 (c) If the previous owner died testate and the application
578 for a certificate of title is made by, and accompanied by an
579 affidavit attested by, a Florida-licensed attorney in good
580 standing with The Florida Bar who represents the previous
581 owner’s estate, such affidavit, for purposes of paragraph (a),
582 constitutes satisfactory proof of ownership and right of
583 possession to the motor vehicle or mobile home, so long as the
584 affidavit sets forth the rightful heir or heirs and the attorney
585 attests in the affidavit that such heir or heirs are lawfully
586 entitled to the rights of ownership and possession of the motor
587 vehicle or mobile home. The application for certificate of title
588 filed under this paragraph is not required to be accompanied by
589 a copy of the will or other testamentary instrument.
590 Section 9. Subsection (3) of section 319.29, Florida
591 Statutes, is amended to read:
592 319.29 Lost or destroyed certificates.—
593 (3) If, following the issuance of an original, duplicate,
594 or corrected certificate of title by the department, the
595 certificate is lost in transit and is not delivered to the
596 addressee, the owner of the motor vehicle or mobile home, or the
597 holder of a lien thereon, may, within 180 days after of the date
598 of issuance of the title, apply to the department for reissuance
599 of the certificate of title. An No additional fee may not shall
600 be charged by the department or a tax collector, as agent for
601 the department, for reissuance under this subsection.
602 Section 10. Paragraphs (g) and (j) of subsection (1),
603 paragraph (b) of subsection (3), and subsection (9) of section
604 319.30, Florida Statutes, are amended, and paragraph (y) is
605 added to subsection (1) of that section, to read:
606 319.30 Definitions; dismantling, destruction, change of
607 identity of motor vehicle or mobile home; salvage.—
608 (1) As used in this section, the term:
609 (g) “Independent entity” means a business or entity that
610 may temporarily store damaged or dismantled motor vehicles or
611 vessels pursuant to an agreement with an insurance company and
612 is engaged in the sale or resale of damaged or dismantled motor
613 vehicles or vessels. The term does not include a wrecker
614 operator, a towing company, or a repair facility.
615 (j) “Major component parts” means:
616 1. For motor vehicles other than motorcycles and electric,
617 hybrid, or plug-in hybrid motor vehicles, any fender, hood,
618 bumper, cowl assembly, rear quarter panel, trunk lid, door,
619 decklid, floor pan, engine, frame, transmission, catalytic
620 converter, or airbag.
621 2. For trucks, other than electric, hybrid, or plug-in
622 hybrid motor vehicles, in addition to those parts listed in
623 subparagraph 1., any truck bed, including dump, wrecker, crane,
624 mixer, cargo box, or any bed which mounts to a truck frame.
625 3. For motorcycles, the body assembly, frame, fenders, gas
626 tanks, engine, cylinder block, heads, engine case, crank case,
627 transmission, drive train, front fork assembly, and wheels.
628 4. For mobile homes, the frame.
629 5. For electric, hybrid, or plug-in hybrid motor vehicles,
630 any fender, hood, bumper, cowl assembly, rear quarter panel,
631 trunk lid, door, decklid, floor pan, engine, electric traction
632 motor, frame, transmission or electronic transmission, charge
633 port, DC power converter, onboard charger, power electronics
634 controller, thermal system, traction battery pack, catalytic
635 converter, or airbag.
636 (y) “Vessel” has the same meaning as provided in s.
637 713.78(1)(b).
638 (3)
639 (b) The owner, including persons who are self-insured, of a
640 motor vehicle or mobile home that is considered to be salvage
641 shall, within 72 hours after the motor vehicle or mobile home
642 becomes salvage, forward the title to the motor vehicle or
643 mobile home to the department for processing. However, an
644 insurance company that pays money as compensation for the total
645 loss of a motor vehicle or mobile home shall obtain the
646 certificate of title for the motor vehicle or mobile home, make
647 the required notification to the National Motor Vehicle Title
648 Information System, and, within 72 hours after receiving such
649 certificate of title, forward such title by the United States
650 Postal Service, by another commercial delivery service, or by
651 electronic means, when such means are made available by the
652 department, to the department for processing. The owner or
653 insurance company, as applicable, may not dispose of a vehicle
654 or mobile home that is a total loss before it obtains a salvage
655 certificate of title or certificate of destruction from the
656 department. Effective January 1, 2020:
657 1. Thirty days after payment of a claim for compensation
658 pursuant to this paragraph, the insurance company may receive a
659 salvage certificate of title or certificate of destruction from
660 the department if the insurance company is unable to obtain a
661 properly assigned paper or electronic certificate of title from
662 the owner or lienholder of the motor vehicle or mobile home, if
663 the motor vehicle or mobile home does not carry an electronic
664 lien on the title and the insurance company:
665 a. Has obtained the release of all liens on the motor
666 vehicle or mobile home or has fully paid the amounts due to the
667 owner and the lienholder;
668 b. Has attested on a form provided by the department that
669 payment of the total loss claim has been distributed or, if a
670 release of all liens has not been obtained, that amounts due to
671 the owner and the lienholder have been paid in full; and
672 c. Has attested on a form provided by the department and
673 signed by the insurance company or its authorized agent stating
674 the attempts that have been made to obtain the title from the
675 owner or the lienholder and further stating that all attempts
676 are to no avail. The form must include a request that the
677 salvage certificate of title or certificate of destruction be
678 issued in the insurance company’s name due to payment of a total
679 loss claim to the owner or lienholder. The attempts to contact
680 the owner or the lienholder may be by written request delivered
681 in person or by first-class mail with a certificate of mailing
682 to the owner’s or lienholder’s last known address.
683 2. If the owner or the lienholder is notified of the
684 request for title in person, the insurance company must provide
685 an affidavit attesting to the in-person request for a
686 certificate of title.
687 3. The request to the owner or the lienholder for the
688 certificate of title must include a complete description of the
689 motor vehicle or mobile home and the statement that a total loss
690 claim has been paid on the motor vehicle or mobile home.
691
692 The department is not liable to, and may not be held liable by,
693 an owner, a lienholder, or any other person as a result of the
694 issuance of a salvage certificate of title or a certificate of
695 destruction pursuant to this paragraph.
696 (9)(a) An insurance company may notify an independent
697 entity that obtains possession of a damaged or dismantled motor
698 vehicle or vessel to release the vehicle or vessel to the owner.
699 The insurance company shall provide the independent entity a
700 release statement on a form prescribed by the department
701 authorizing the independent entity to release the vehicle or
702 vessel to the owner or lienholder. The form must, at a minimum,
703 contain the following:
704 1. The policy and claim number.
705 2. The name and address of the insured.
706 3. The vehicle identification number or vessel hull
707 identification number.
708 4. The signature of an authorized representative of the
709 insurance company.
710 (b) The independent entity in possession of a motor vehicle
711 or vessel must send a notice to the owner that the vehicle or
712 vessel is available for pickup when it receives a release
713 statement from the insurance company. The notice must shall be
714 sent by certified mail or by another commercially available
715 delivery service that provides proof of delivery to the owner at
716 the owner’s address contained in the department’s records. The
717 notice must state that the owner has 30 days after delivery of
718 the notice to the owner at the owner’s address to pick up the
719 vehicle or vessel from the independent entity. If the motor
720 vehicle or vessel is not claimed within 30 days after the
721 delivery or attempted delivery of the notice, the independent
722 entity may apply for a certificate of destruction, a salvage
723 certificate of title, or a certificate of title. For a hull
724 damaged vessel, the independent entity shall comply with s.
725 328.045, as applicable.
726 (c) If the department’s records do not contain the owner’s
727 address, the independent entity must do all of the following:
728 1. Send a notice that meets the requirements of paragraph
729 (b) to the owner’s address that is provided by the insurance
730 company in the release statement.
731 2. For a vehicle, identify the latest titling jurisdiction
732 of the vehicle through use of the National Motor Vehicle Title
733 Information System or an equivalent commercially available
734 system and attempt to obtain the owner’s address from that
735 jurisdiction. If the jurisdiction returns an address that is
736 different from the owner’s address provided by the insurance
737 company, the independent entity must send a notice that meets
738 the requirements of paragraph (b) to both addresses.
739 (d) The independent entity shall maintain for at least a
740 minimum of 3 years the records related to the 30-day notice sent
741 to the owner. For vehicles, the independent entity shall also
742 maintain for at least 3 years the results of searches of the
743 National Motor Vehicle Title Information System or an equivalent
744 commercially available system, and the notification to the
745 National Motor Vehicle Title Information System made pursuant to
746 paragraph (e).
747 (e) The independent entity shall make the required
748 notification to the National Motor Vehicle Title Information
749 System before releasing any damaged or dismantled motor vehicle
750 to the owner or before applying for a certificate of destruction
751 or salvage certificate of title. The independent entity is not
752 required to notify the National Motor Vehicle Title Information
753 System before releasing any damaged or dismantled vessel to the
754 owner or before applying for a certificate of title.
755 (f) Upon applying for a certificate of destruction, or
756 salvage certificate of title, or certificate of title, the
757 independent entity shall provide a copy of the release statement
758 from the insurance company to the independent entity, proof of
759 providing the 30-day notice to the owner, proof of notification
760 to the National Motor Vehicle Title Information System if
761 required, proof of all lien satisfactions or proof of a release
762 of all liens on the motor vehicle or vessel, and applicable
763 fees. If the independent entity is unable to obtain a lien
764 satisfaction or a release of all liens on the motor vehicle or
765 vessel, the independent entity must provide an affidavit stating
766 that notice was sent to all lienholders that the motor vehicle
767 or vessel is available for pickup, 30 days have passed since the
768 notice was delivered or attempted to be delivered pursuant to
769 this section, attempts have been made to obtain a release from
770 all lienholders, and all such attempts have been to no avail.
771 The notice to lienholders and attempts to obtain a release from
772 lienholders may be by written request delivered in person or by
773 certified mail or another commercially available delivery
774 service that provides proof of delivery to the lienholder at the
775 lienholder’s address as provided on the certificate of title and
776 to the address designated with the Department of State pursuant
777 to s. 655.0201(2) if such address is different.
778 (g) The independent entity may not charge an owner of the
779 vehicle or vessel storage fees or apply for a title under s.
780 713.585 or s. 713.78.
781 Section 11. Paragraph (b) of subsection (1) and paragraph
782 (a) of subsection (3) of section 320.06, Florida Statutes, are
783 amended to read:
784 320.06 Registration certificates, license plates, and
785 validation stickers generally.—
786 (1)
787 (b)1. Registration license plates bearing a graphic symbol
788 and the alphanumeric system of identification shall be issued
789 for a 10-year period. At the end of the 10-year period, upon
790 renewal, the plate must shall be replaced. The department shall
791 extend the scheduled license plate replacement date from a 6
792 year period to a 10-year period. The fee for such replacement is
793 $28, $2.80 of which must shall be paid each year before the
794 plate is replaced, to be credited toward the next $28
795 replacement fee. The fees must shall be deposited into the
796 Highway Safety Operating Trust Fund. A credit or refund may not
797 be given for any prior years’ payments of the prorated
798 replacement fee if the plate is replaced or surrendered before
799 the end of the 10-year period, except that a credit may be given
800 if a registrant is required by the department to replace a
801 license plate under s. 320.08056(8)(a). With each license plate,
802 a validation sticker must shall be issued showing the owner’s
803 birth month, license plate number, and the year of expiration or
804 the appropriate renewal period if the owner is not a natural
805 person. The validation sticker must shall be placed on the upper
806 right corner of the license plate. The license plate and
807 validation sticker must shall be issued based on the applicant’s
808 appropriate renewal period. The registration period is 12
809 months, the extended registration period is 24 months, and all
810 expirations occur based on the applicant’s appropriate
811 registration period. Rental vehicles taxed pursuant to s.
812 320.08(6)(a) and rental trucks taxed pursuant to s.
813 320.08(3)(a), (b), and (c) and (4)(a)-(d) may elect a permanent
814 registration period, provided payment of the appropriate license
815 taxes and fees occurs annually.
816 2. A vehicle that has an apportioned registration must
817 shall be issued an annual license plate and a cab card that
818 denote the declared gross vehicle weight for each apportioned
819 jurisdiction in which the vehicle is authorized to operate. This
820 subparagraph expires June 30, 2024.
821 3. Beginning July 1, 2024, a vehicle registered in
822 accordance with the International Registration Plan must be
823 issued a license plate for a 3-year period. At the end of the 3
824 year period, upon renewal, the license plate must be replaced.
825 Each license plate must include a validation sticker showing the
826 month of expiration. A cab card denoting the declared gross
827 vehicle weight for each apportioned jurisdiction must be issued
828 annually. The fee for an original or a renewal cab card is $28,
829 which must be deposited into the Highway Safety Operating Trust
830 Fund. If the license plate is damaged or worn, it may be
831 replaced at no charge by applying to the department and
832 surrendering the current license plate.
833 4. In order to retain the efficient administration of the
834 taxes and fees imposed by this chapter, the 80-cent fee increase
835 in the replacement fee imposed by chapter 2009-71, Laws of
836 Florida, is negated as provided in s. 320.0804.
837 (3)(a) Registration license plates must be made of metal
838 specially treated with a retroreflection material, as specified
839 by the department. The registration license plate is designed to
840 increase nighttime visibility and legibility and must be at
841 least 6 inches wide and not less than 12 inches in length,
842 unless a plate with reduced dimensions is deemed necessary by
843 the department to accommodate motorcycles, mopeds, or similar
844 smaller vehicles, or trailers. Validation stickers must also be
845 treated with a retroreflection material, must be of such size as
846 specified by the department, and must adhere to the license
847 plate. The registration license plate must be imprinted with a
848 combination of bold letters and numerals or numerals, not to
849 exceed seven digits, to identify the registration license plate
850 number. The license plate must be imprinted with the word
851 “Florida” at the top and the name of the county in which it is
852 sold, the state motto, or the words “Sunshine State” at the
853 bottom. Apportioned license plates must have the word
854 “Apportioned” at the bottom, and license plates issued for
855 vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
856 (c), or (14) must have the word “Restricted” at the bottom.
857 License plates issued for vehicles taxed under s. 320.08(12)
858 must be imprinted with the word “Florida” at the top and the
859 word “Dealer” at the bottom unless the license plate is a
860 specialty license plate as authorized in s. 320.08056.
861 Manufacturer license plates issued for vehicles taxed under s.
862 320.08(12) must be imprinted with the word “Florida” at the top
863 and the word “Manufacturer” at the bottom. License plates issued
864 for vehicles taxed under s. 320.08(5)(d) or (e) must be
865 imprinted with the word “Wrecker” at the bottom. Any county may,
866 upon majority vote of the county commission, elect to have the
867 county name removed from the license plates sold in that county.
868 The state motto or the words “Sunshine State” must shall be
869 printed in lieu thereof. A license plate issued for a vehicle
870 taxed under s. 320.08(6) may not be assigned a registration
871 license number, or be issued with any other distinctive
872 character or designation, that distinguishes the motor vehicle
873 as a for-hire motor vehicle.
874 Section 12. Subsection (1) of section 320.084, Florida
875 Statutes, is amended, and subsection (6) is added to that
876 section, to read:
877 320.084 Free motor vehicle license plate to certain
878 disabled veterans.—
879 (1) One free “DV” motor vehicle license number plate must
880 shall be issued by the department for use on any motor vehicle
881 owned or leased by any disabled veteran who has been a resident
882 of this state continuously for the preceding 5 years or has
883 established a domicile in this state as provided by s.
884 222.17(1), (2), or (3), and who has been honorably discharged
885 from the United States Armed Forces, upon application,
886 accompanied by proof that:
887 (a) A vehicle was initially acquired through financial
888 assistance by the United States Department of Veterans Affairs
889 or its predecessor specifically for the purchase of an
890 automobile;
891 (b) The applicant has been determined by the United States
892 Department of Veterans Affairs or its predecessor to have a
893 service-connected 100-percent disability rating for
894 compensation; or
895 (c) The applicant has been determined to have a service
896 connected disability rating of 100 percent and is in receipt of
897 disability retirement pay from any branch of the United States
898 Armed Services.
899 (6)(a) A disabled veteran who qualifies for issuance of a
900 “DV” license under subsection (1) may be issued, in lieu of the
901 “DV” license plate, a military license plate for which he or she
902 is eligible or a specialty license plate. A disabled veteran
903 electing a military license plate or specialty license plate
904 under this paragraph must pay all applicable fees related to
905 such license plate, except for fees otherwise waived under
906 subsections (1) and (4).
907 (b) A military license plate or specialty license plate
908 elected under this subsection:
909 1. Does not provide the protections or rights afforded by
910 s. 316.1955, s. 316.1964, s. 320.0848, s. 526.141, or s.
911 553.5041.
912 2. Is not eligible for the international symbol of
913 accessibility as described in s. 320.0842.
914 Section 13. Present subsections (16) through (48) of
915 section 322.01, Florida Statutes, are redesignated as
916 subsections (17) through (49), respectively, a new subsection
917 (16) is added to that section, and subsection (5) and present
918 subsections (37) and (41) of that section are amended, to read:
919 322.01 Definitions.—As used in this chapter:
920 (5) “Cancellation” means the act of declaring a driver
921 license void and terminated, but does not include a downgrade.
922 (16) “Downgrade” has the same meaning as the definition of
923 the term “CDL downgrade” in 49 C.F.R. s. 383.5(4).
924 (38)(37) “Revocation” means the termination of a licensee’s
925 privilege to drive, but does not include a downgrade.
926 (42)(41) “Suspension” means the temporary withdrawal of a
927 licensee’s privilege to drive a motor vehicle, but does not
928 include a downgrade.
929 Section 14. Subsection (2) of section 322.02, Florida
930 Statutes, is amended to read:
931 322.02 Legislative intent; administration.—
932 (2) The Department of Highway Safety and Motor Vehicles is
933 charged with the administration and function of enforcement of
934 the provisions of this chapter and the enforcement and
935 administration of 49 C.F.R. parts 382-386 and 390-397.
936 Section 15. Present subsections (4) through (12) of section
937 322.05, Florida Statutes, are redesignated as subsections (5)
938 through (13), respectively, and a new subsection (4) is added to
939 that section, to read:
940 322.05 Persons not to be licensed.—The department may not
941 issue a license:
942 (4) To any person, as a commercial motor vehicle operator,
943 who is ineligible to operate a commercial motor vehicle pursuant
944 to 49 C.F.R. part 383.
945 Section 16. Subsection (3) of section 322.07, Florida
946 Statutes, is amended to read:
947 322.07 Instruction permits and temporary licenses.—
948 (3) Any person who, except for his or her lack of
949 instruction in operating a commercial motor vehicle, would
950 otherwise be qualified to obtain a commercial driver license
951 under this chapter, may apply for a temporary commercial
952 instruction permit. The department shall issue such a permit
953 entitling the applicant, while having the permit in his or her
954 immediate possession, to drive a commercial motor vehicle on the
955 highways, if:
956 (a) The applicant possesses a valid Florida driver license;
957 and
958 (b) The applicant, while operating a commercial motor
959 vehicle, is accompanied by a licensed driver who is 21 years of
960 age or older, who is licensed to operate the class of vehicle
961 being operated, and who is occupying the closest seat to the
962 right of the driver; and
963 (c) The department has not been notified that, under 49
964 C.F.R. s. 382.501(a), the applicant is prohibited from operating
965 a commercial motor vehicle.
966 Section 17. Effective January 1, 2024, subsection (3) of
967 section 322.141, Florida Statutes, is amended to read:
968 322.141 Color or markings of certain licenses or
969 identification cards.—
970 (3) All licenses for the operation of motor vehicles or
971 identification cards originally issued or reissued by the
972 department to persons who are designated as sexual predators
973 under s. 775.21 or subject to registration as sexual offenders
974 under s. 943.0435 or s. 944.607, or who have a similar
975 designation or are subject to a similar registration under the
976 laws of another jurisdiction, must shall have on the front of
977 the license or identification card, in a distinctive format and
978 printed in the color red, all of the following information:
979 (a) For a person designated as a sexual predator under s.
980 775.21 or who has a similar designation under the laws of
981 another jurisdiction, the marking “SEXUAL PREDATOR.”
982 (b) For a person subject to registration as a sexual
983 offender under s. 943.0435 or s. 944.607, or subject to a
984 similar registration under the laws of another jurisdiction, the
985 marking “943.0435, F.S.”
986 Section 18. Subsection (4) of section 322.142, Florida
987 Statutes, is amended to read:
988 322.142 Color photographic or digital imaged licenses.—
989 (4) The department may maintain a film negative or print
990 file. The department shall maintain a record of the digital
991 image and signature of the licensees, together with other data
992 required by the department for identification and retrieval.
993 Reproductions from the file or digital record are exempt from
994 the provisions of s. 119.07(1) and may be made and issued only
995 in any of the following manners:
996 (a) For departmental administrative purposes.;
997 (b) For the issuance of duplicate licenses.;
998 (c) In response to law enforcement agency requests.;
999 (d) To the Department of Business and Professional
1000 Regulation and the Department of Health pursuant to an
1001 interagency agreement for the purpose of accessing digital
1002 images for reproduction of licenses issued by the Department of
1003 Business and Professional Regulation or the Department of
1004 Health.;
1005 (e) To the Department of State pursuant to an interagency
1006 agreement to facilitate determinations of eligibility of voter
1007 registration applicants and registered voters in accordance with
1008 ss. 98.045 and 98.075.;
1009 (f) To the Department of Revenue pursuant to an interagency
1010 agreement for use in establishing paternity and establishing,
1011 modifying, or enforcing support obligations in Title IV-D
1012 cases.;
1013 (g) To the Department of Children and Families pursuant to
1014 an interagency agreement to conduct protective investigations
1015 under part III of chapter 39 and chapter 415.;
1016 (h) To the Department of Children and Families pursuant to
1017 an interagency agreement specifying the number of employees in
1018 each of that department’s regions to be granted access to the
1019 records for use as verification of identity to expedite the
1020 determination of eligibility for public assistance and for use
1021 in public assistance fraud investigations.;
1022 (i) To the Agency for Health Care Administration pursuant
1023 to an interagency agreement for the purpose of authorized
1024 agencies verifying photographs in the Care Provider Background
1025 Screening Clearinghouse authorized under s. 435.12.;
1026 (j) To the Department of Financial Services pursuant to an
1027 interagency agreement to facilitate the location of owners of
1028 unclaimed property, the validation of unclaimed property claims,
1029 the identification of fraudulent or false claims, and the
1030 investigation of allegations of violations of the insurance code
1031 by licensees and unlicensed persons.;
1032 (k) To the Department of Economic Opportunity pursuant to
1033 an interagency agreement to facilitate the validation of
1034 reemployment assistance claims and the identification of
1035 fraudulent or false reemployment assistance claims.;
1036 (l) To district medical examiners pursuant to an
1037 interagency agreement for the purpose of identifying a deceased
1038 individual, determining cause of death, and notifying next of
1039 kin of any investigations, including autopsies and other
1040 laboratory examinations, authorized in s. 406.11.;
1041 (m) To the following persons for the purpose of identifying
1042 a person as part of the official work of a court:
1043 1. A justice or judge of this state;
1044 2. An employee of the state courts system who works in a
1045 position that is designated in writing for access by the Chief
1046 Justice of the Supreme Court or a chief judge of a district or
1047 circuit court, or by his or her designee; or
1048 3. A government employee who performs functions on behalf
1049 of the state courts system in a position that is designated in
1050 writing for access by the Chief Justice or a chief judge, or by
1051 his or her designee.; or
1052 (n) To the Agency for Health Care Administration pursuant
1053 to an interagency agreement to prevent health care fraud. If the
1054 Agency for Health Care Administration enters into an agreement
1055 with a private entity to carry out duties relating to health
1056 care fraud prevention, such contracts must shall include, but
1057 need not be limited to:
1058 1. Provisions requiring internal controls and audit
1059 processes to identify access, use, and unauthorized access of
1060 information.
1061 2. A requirement to report unauthorized access or use to
1062 the Agency for Health Care Administration within 1 business day
1063 after the discovery of the unauthorized access or use.
1064 3. Provisions for liquidated damages for unauthorized
1065 access or use of no less than $5,000 per occurrence.
1066 (o) To any criminal justice agency, as defined in s.
1067 943.045, pursuant to an interagency agreement for use in
1068 carrying out the criminal justice agency’s functions.
1069 (p) To the driver licensing agency of any other state for
1070 purposes of validating the identity of an applicant for a driver
1071 license or identification card.
1072 Section 19. Subsection (8) and paragraph (a) of subsection
1073 (9) of section 322.21, Florida Statutes, are amended to read:
1074 322.21 License fees; procedure for handling and collecting
1075 fees.—
1076 (8) A person who applies for reinstatement following the
1077 suspension or revocation of the person’s driver license must pay
1078 a service fee of $45 following a suspension, and $75 following a
1079 revocation, which is in addition to the fee for a license. A
1080 person who applies for reinstatement of a commercial driver
1081 license following the disqualification or downgrade of the
1082 person’s privilege to operate a commercial motor vehicle shall
1083 pay a service fee of $75, which is in addition to the fee for a
1084 license. The department shall collect all of these fees at the
1085 time of reinstatement. The department shall issue proper
1086 receipts for such fees and shall promptly transmit all funds
1087 received by it as follows:
1088 (a) Of the $45 fee received from a licensee for
1089 reinstatement following a suspension:
1090 1. If the reinstatement is processed by the department, the
1091 department must shall deposit $15 in the General Revenue Fund
1092 and $30 in the Highway Safety Operating Trust Fund.
1093 2. If the reinstatement is processed by the tax collector,
1094 $15, less the general revenue service charge set forth in s.
1095 215.20(1), must shall be retained by the tax collector, $15 must
1096 shall be deposited into the Highway Safety Operating Trust Fund,
1097 and $15 must shall be deposited into the General Revenue Fund.
1098 (b) Of the $75 fee received from a licensee for
1099 reinstatement following a revocation, or disqualification, or
1100 downgrade:
1101 1. If the reinstatement is processed by the department, the
1102 department must shall deposit $35 in the General Revenue Fund
1103 and $40 in the Highway Safety Operating Trust Fund.
1104 2. If the reinstatement is processed by the tax collector,
1105 $20, less the general revenue service charge set forth in s.
1106 215.20(1), must shall be retained by the tax collector, $20 must
1107 shall be deposited into the Highway Safety Operating Trust Fund,
1108 and $35 must shall be deposited into the General Revenue Fund.
1109
1110 If the revocation or suspension of the driver license was for a
1111 violation of s. 316.193, or for refusal to submit to a lawful
1112 breath, blood, or urine test, an additional fee of $130 must be
1113 charged. However, only one $130 fee may be collected from one
1114 person convicted of violations arising out of the same incident.
1115 The department shall collect the $130 fee and deposit the fee
1116 into the Highway Safety Operating Trust Fund at the time of
1117 reinstatement of the person’s driver license, but the fee may
1118 not be collected if the suspension or revocation is overturned.
1119 If the revocation or suspension of the driver license was for a
1120 conviction for a violation of s. 817.234(8) or (9) or s.
1121 817.505, an additional fee of $180 is imposed for each offense.
1122 The department shall collect and deposit the additional fee into
1123 the Highway Safety Operating Trust Fund at the time of
1124 reinstatement of the person’s driver license.
1125 (9) An applicant:
1126 (a) Requesting a review authorized in s. 322.222, s.
1127 322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must
1128 pay a filing fee of $25 to be deposited into the Highway Safety
1129 Operating Trust Fund.
1130 Section 20. Section 322.591, Florida Statutes, is created
1131 to read:
1132 322.591 Commercial driver license and commercial
1133 instruction permit; Commercial Driver’s License Drug and Alcohol
1134 Clearinghouse; prohibition on issuance of commercial driver
1135 licenses; downgrades.—
1136 (1) Beginning November 18, 2024, when a person applies for
1137 or seeks to renew, transfer, or make any other change to a
1138 commercial driver license or commercial instruction permit, the
1139 department must obtain the driver’s record from the Commercial
1140 Driver’s License Drug and Alcohol Clearinghouse established
1141 pursuant to 49 C.F.R. part 382. The department may not issue,
1142 renew, transfer, or revise the types of authorized vehicles that
1143 may be operated or the endorsements applicable to a commercial
1144 driver license or commercial instruction permit for any person
1145 for whom the department receives notification pursuant to 49
1146 C.F.R. s. 382.501(a) that the person is prohibited from
1147 operating a commercial vehicle.
1148 (2) Beginning November 18, 2024, the department shall
1149 downgrade the commercial driver license or commercial
1150 instruction permit of any driver if the department receives
1151 notification that, pursuant to 49 C.F.R. s. 382.501(a), the
1152 driver is prohibited from operating a commercial motor vehicle.
1153 Any such downgrade must be completed and recorded by the
1154 department in the Commercial Driver’s License Information System
1155 within 60 days after the department’s receipt of such
1156 notification.
1157 (3)(a) Beginning November 18, 2024, upon receipt of
1158 notification pursuant to 49 C.F.R. s. 382.501(a) that a driver
1159 is prohibited from operating a commercial motor vehicle, the
1160 department shall immediately notify the driver who is the
1161 subject of such notification that he or she is prohibited from
1162 operating a commercial motor vehicle and, upon his or her
1163 request, must afford him or her an opportunity for an informal
1164 hearing pursuant to this section. The department’s notice must
1165 be provided to the driver in the same manner as, and providing
1166 such notice has the same effect as, notices provided pursuant to
1167 s. 322.251(1) and (2).
1168 (b) Such informal hearing must be requested not later than
1169 20 days after the driver receives the notice of the downgrade.
1170 If a request for a hearing, together with the filing fee
1171 required pursuant to s. 322.21, is not received within 20 days
1172 after receipt of such notice, the department must enter a final
1173 order directing the downgrade of the driver’s commercial driver
1174 license or commercial instruction permit, unless the department
1175 receives notification pursuant to 49 C.F.R. s. 382.503(a) that
1176 the driver is no longer prohibited from operating a commercial
1177 motor vehicle.
1178 (c) A hearing requested pursuant to paragraph (b) must be
1179 scheduled and held not later than 30 days after receipt by the
1180 department of a request for the hearing, together with the
1181 filing fee required pursuant to s. 322.21. The submission of a
1182 request for hearing pursuant to this subsection tolls the
1183 deadline to file a petition for writ of certiorari pursuant to
1184 s. 322.31 until after the department enters a final order after
1185 a hearing pursuant to this subsection.
1186 (d) The informal hearing authorized pursuant to this
1187 subsection is exempt from chapter 120. Such hearing must be
1188 conducted before a hearing officer designated by the department.
1189 The hearing officer may conduct such hearing from any location
1190 in this state by means of communications technology.
1191 (e) The notification received by the department pursuant to
1192 49 C.F.R. s. 382.501(a) must be in the record for consideration
1193 by the hearing officer and in any proceeding pursuant to s.
1194 322.31 and is considered self-authenticating. The basis for the
1195 notification received by the department pursuant to 49 C.F.R. s.
1196 382.501(a) and the information in the Commercial Driver’s
1197 License Drug and Alcohol Clearinghouse which resulted in such
1198 notification are not subject to challenge in the hearing or in
1199 any proceeding brought under s. 322.31.
1200 (f) If, before the entry of a final order arising from a
1201 notification received by the department pursuant to 49 C.F.R. s.
1202 382.501(a), the department receives notification pursuant to 49
1203 C.F.R. s. 382.503(a) that the driver is no longer prohibited
1204 from operating a commercial motor vehicle, the department must
1205 dismiss the action to downgrade the driver’s commercial driver
1206 license or commercial instruction permit.
1207 (g) Upon the entry of a final order that results in the
1208 downgrade of a driver’s commercial driver license or commercial
1209 instruction permit, the department shall record immediately in
1210 the driver’s record that the driver is disqualified from
1211 operating or driving a commercial motor vehicle. The downgrade
1212 of a commercial driver license or commercial instruction permit
1213 pursuant to a final order entered pursuant to this section, and,
1214 upon the entry of a final order, the recording in the driver’s
1215 record that the driver subject to such a final order is
1216 disqualified from operating or driving a commercial motor
1217 vehicle, are not stayed during the pendency of any proceeding
1218 pursuant to s. 322.31.
1219 (h) If, after the entry of a final order that results in
1220 the downgrade of a driver’s commercial driver license or
1221 commercial instruction permit and the department recording in
1222 the driver’s record that the driver is disqualified from
1223 operating or driving a commercial motor vehicle, the department
1224 receives notification pursuant to 49 C.F.R. s. 382.503(a) that
1225 the driver is no longer prohibited from operating a commercial
1226 motor vehicle, the department must reinstate the driver’s
1227 commercial driver license or commercial instruction permit upon
1228 application by such driver.
1229 (i) The department is not liable for any commercial driver
1230 license or commercial instruction permit downgrade resulting
1231 from the discharge of its duties.
1232 (j) This section is the exclusive procedure for the
1233 downgrade of a commercial driver license or commercial
1234 instruction permit following notification received by the
1235 department that, pursuant to 49 C.F.R. s. 382.501(a), a driver
1236 is prohibited from operating a commercial motor vehicle.
1237 (k) The downgrade of a commercial driver license or
1238 commercial instruction permit of a person pursuant to this
1239 section does not preclude the suspension of the driving
1240 privilege for that person pursuant to s. 322.2615 or the
1241 disqualification of that person from operating a commercial
1242 motor vehicle pursuant to s. 322.64. The driving privilege of a
1243 person whose commercial driver license or commercial instruction
1244 permit has been downgraded pursuant to this section also may be
1245 suspended for a violation of s. 316.193.
1246 (4) Beginning November 18, 2024, a driver for whom the
1247 department receives notification that, pursuant to 49 C.F.R. s.
1248 382.501(a), such person is prohibited from operating a
1249 commercial motor vehicle may, if otherwise qualified, be issued
1250 a Class E driver license pursuant to s. 322.251(4), valid for
1251 the length of his or her unexpired license period, at no cost.
1252 Section 21. Subsection (2) of section 322.34, Florida
1253 Statutes, is amended to read:
1254 322.34 Driving while license suspended, revoked, canceled,
1255 or disqualified.—
1256 (2) Any person whose driver license or driving privilege
1257 has been canceled, suspended, or revoked as provided by law, or
1258 who does not have a driver license or driving privilege but is
1259 under suspension or revocation equivalent status as defined in
1260 s. 322.01 s. 322.01(42), except persons defined in s. 322.264,
1261 who, knowing of such cancellation, suspension, revocation, or
1262 suspension or revocation equivalent status, drives any motor
1263 vehicle upon the highways of this state while such license or
1264 privilege is canceled, suspended, or revoked, or while under
1265 suspension or revocation equivalent status, commits:
1266 (a) A misdemeanor of the second degree, punishable as
1267 provided in s. 775.082 or s. 775.083.
1268 (b)1. A misdemeanor of the first degree, punishable as
1269 provided in s. 775.082 or s. 775.083, upon a second or
1270 subsequent conviction, except as provided in paragraph (c).
1271 2. A person convicted of a third or subsequent conviction,
1272 except as provided in paragraph (c), must serve a minimum of 10
1273 days in jail.
1274 (c) A felony of the third degree, punishable as provided in
1275 s. 775.082, s. 775.083, or s. 775.084, upon a third or
1276 subsequent conviction if the current violation of this section
1277 or the most recent prior violation of the section is related to
1278 driving while license canceled, suspended, revoked, or
1279 suspension or revocation equivalent status resulting from a
1280 violation of:
1281 1. Driving under the influence;
1282 2. Refusal to submit to a urine, breath-alcohol, or blood
1283 alcohol test;
1284 3. A traffic offense causing death or serious bodily
1285 injury; or
1286 4. Fleeing or eluding.
1287
1288 The element of knowledge is satisfied if the person has been
1289 previously cited as provided in subsection (1); or the person
1290 admits to knowledge of the cancellation, suspension, or
1291 revocation, or suspension or revocation equivalent status; or
1292 the person received notice as provided in subsection (4). There
1293 is shall be a rebuttable presumption that the knowledge
1294 requirement is satisfied if a judgment or order as provided in
1295 subsection (4) appears in the department’s records for any case
1296 except for one involving a suspension by the department for
1297 failure to pay a traffic fine or for a financial responsibility
1298 violation.
1299 Section 22. Subsection (4) of section 322.61, Florida
1300 Statutes, is amended to read:
1301 322.61 Disqualification from operating a commercial motor
1302 vehicle.—
1303 (4) Any person who is transporting hazardous materials as
1304 defined in s. 322.01 s. 322.01(24) shall, upon conviction of an
1305 offense specified in subsection (3), is be disqualified from
1306 operating a commercial motor vehicle for a period of 3 years.
1307 The penalty provided in this subsection is shall be in addition
1308 to any other applicable penalty.
1309 Section 23. Subsection (3) of section 324.0221, Florida
1310 Statutes, is amended to read:
1311 324.0221 Reports by insurers to the department; suspension
1312 of driver license and vehicle registrations; reinstatement.—
1313 (3) An operator or owner whose driver license or
1314 registration has been suspended under this section or s. 316.646
1315 may effect its reinstatement upon compliance with the
1316 requirements of this section and upon payment to the department
1317 of a nonrefundable reinstatement fee of $150 for the first
1318 reinstatement. The reinstatement fee is $250 for the second
1319 reinstatement and $500 for each subsequent reinstatement during
1320 the 3 years following the first reinstatement. A person
1321 reinstating her or his insurance under this subsection must also
1322 secure noncancelable coverage as described in ss. 324.021(8),
1323 324.023, and 627.7275(2) and present to the appropriate person
1324 proof that the coverage is in force on a form adopted by the
1325 department, and such proof must shall be maintained for 2 years.
1326 If the person does not have a second reinstatement within 3
1327 years after her or his initial reinstatement, the reinstatement
1328 fee is $150 for the first reinstatement after that 3-year
1329 period. If a person’s license and registration are suspended
1330 under this section or s. 316.646, only one reinstatement fee
1331 must be paid to reinstate the license and the registration. All
1332 fees must shall be collected by the department at the time of
1333 reinstatement. The department shall issue proper receipts for
1334 such fees and shall promptly deposit those fees in the Highway
1335 Safety Operating Trust Fund. One-third of the fees collected
1336 under this subsection must shall be distributed from the Highway
1337 Safety Operating Trust Fund to the local governmental entity or
1338 state agency that employed the law enforcement officer seizing
1339 the license plate pursuant to s. 324.201. The funds may be used
1340 by the local governmental entity or state agency for any
1341 authorized purpose.
1342 Section 24. Section 324.131, Florida Statutes, is amended
1343 to read:
1344 324.131 Period of suspension.—Such license, registration
1345 and nonresident’s operating privilege must shall remain so
1346 suspended and may shall not be renewed, nor may shall any such
1347 license or registration be thereafter issued in the name of such
1348 person, including any such person not previously licensed,
1349 unless and until every such judgment is stayed, satisfied in
1350 full or to the extent of the limits stated in s. 324.021(7) and
1351 until the said person gives proof of financial responsibility as
1352 provided in s. 324.031, such proof to be maintained for 3 years.
1353 In addition, if the person’s license or registration has been
1354 suspended or revoked due to a violation of s. 316.193 or
1355 pursuant to s. 322.26(2), that person must shall maintain
1356 noncancelable liability coverage for each motor vehicle
1357 registered in his or her name, as described in s. 627.7275(2),
1358 and must present proof that coverage is in force on a form
1359 adopted by the Department of Highway Safety and Motor Vehicles,
1360 such proof to be maintained for 3 years.
1361 Section 25. Paragraph (g) of subsection (3) of section
1362 627.311, Florida Statutes, is amended to read:
1363 627.311 Joint underwriters and joint reinsurers; public
1364 records and public meetings exemptions.—
1365 (3) The office may, after consultation with insurers
1366 licensed to write automobile insurance in this state, approve a
1367 joint underwriting plan for purposes of equitable apportionment
1368 or sharing among insurers of automobile liability insurance and
1369 other motor vehicle insurance, as an alternate to the plan
1370 required in s. 627.351(1). All insurers authorized to write
1371 automobile insurance in this state shall subscribe to the plan
1372 and participate therein. The plan is shall be subject to
1373 continuous review by the office which may at any time disapprove
1374 the entire plan or any part thereof if it determines that
1375 conditions have changed since prior approval and that in view of
1376 the purposes of the plan changes are warranted. Any disapproval
1377 by the office is shall be subject to the provisions of chapter
1378 120. The Florida Automobile Joint Underwriting Association is
1379 created under the plan. The plan and the association:
1380 (g) Must make available noncancelable coverage as provided
1381 in s. 627.7275(2).
1382 Section 26. Subsection (1) of section 627.351, Florida
1383 Statutes, is amended to read:
1384 627.351 Insurance risk apportionment plans.—
1385 (1) MOTOR VEHICLE INSURANCE RISK APPORTIONMENT.—Agreements
1386 may be made among casualty and surety insurers with respect to
1387 the equitable apportionment among them of insurance that which
1388 may be afforded applicants who are in good faith entitled to,
1389 but are unable to, procure such insurance through ordinary
1390 methods, and such insurers may agree among themselves on the use
1391 of reasonable rate modifications for such insurance. Such
1392 agreements and rate modifications are shall be subject to the
1393 approval of the office. The office shall, after consultation
1394 with the insurers licensed to write automobile liability
1395 insurance in this state, adopt a reasonable plan or plans for
1396 the equitable apportionment among such insurers of applicants
1397 for such insurance who are in good faith entitled to, but are
1398 unable to, procure such insurance through ordinary methods, and,
1399 when such plan has been adopted, all such insurers shall
1400 subscribe to and participate in the plan thereto and shall
1401 participate therein. Such plan or plans shall include rules for
1402 classification of risks and rates therefor. The plan or plans
1403 shall make available noncancelable coverage as provided in s.
1404 627.7275(2). Any insured placed with the plan must shall be
1405 notified of the fact that insurance coverage is being afforded
1406 through the plan and not through the private market, and such
1407 notification must shall be given in writing within 10 days of
1408 such placement. To assure that plan rates are made adequate to
1409 pay claims and expenses, insurers shall develop a means of
1410 obtaining loss and expense experience at least annually, and the
1411 plan shall file such experience, when available, with the office
1412 in sufficient detail to make a determination of rate adequacy.
1413 Prior to the filing of such experience with the office, the plan
1414 shall poll each member insurer as to the need for an actuary who
1415 is a member of the Casualty Actuarial Society and who is not
1416 affiliated with the plan’s statistical agent to certify the
1417 plan’s rate adequacy. If a majority of those insurers responding
1418 indicate a need for such certification, the plan must shall
1419 include the certification as part of its experience filing. Such
1420 experience shall be filed with the office not more than 9 months
1421 following the end of the annual statistical period under review,
1422 together with a rate filing based on such said experience. The
1423 office shall initiate proceedings to disapprove the rate and so
1424 notify the plan or shall finalize its review within 60 days
1425 after of receipt of the filing. Notification to the plan by the
1426 office of its preliminary findings, which include a point of
1427 entry to the plan pursuant to chapter 120, tolls shall toll the
1428 60-day period during any such proceedings and subsequent
1429 judicial review. The rate is shall be deemed approved if the
1430 office does not issue notice to the plan of its preliminary
1431 findings within 60 days after of the filing. In addition to
1432 provisions for claims and expenses, the ratemaking formula must
1433 shall include a factor for projected claims trending and 5
1434 percent for contingencies. The formula may not In no instance
1435 shall the formula include a renewal discount for plan insureds.
1436 However, the plan shall reunderwrite each insured on an annual
1437 basis, based upon all applicable rating factors approved by the
1438 office. Trend factors may shall not be found to be inappropriate
1439 if they are not in excess of trend factors normally used in the
1440 development of residual market rates by the appropriate licensed
1441 rating organization. Each application for coverage in the plan
1442 must shall include, in boldfaced 12-point type immediately
1443 preceding the applicant’s signature, the following statement:
1444
1445 “THIS INSURANCE IS BEING AFFORDED THROUGH THE FLORIDA
1446 JOINT UNDERWRITING ASSOCIATION AND NOT THROUGH THE
1447 PRIVATE MARKET. PLEASE BE ADVISED THAT COVERAGE WITH A
1448 PRIVATE INSURER MAY BE AVAILABLE FROM ANOTHER AGENT AT
1449 A LOWER COST. AGENT AND COMPANY LISTINGS ARE AVAILABLE
1450 IN THE LOCAL YELLOW PAGES.”
1451
1452 The plan shall annually report to the office the number and
1453 percentage of plan insureds who are not surcharged due to their
1454 driving record.
1455 Section 27. Paragraph (b) of subsection (2) of section
1456 627.7275, Florida Statutes, is amended to read:
1457 627.7275 Motor vehicle liability.—
1458 (2)
1459 (b) The policies described in paragraph (a) must shall be
1460 issued for at least 6 months and, as to the minimum coverages
1461 required under this section, may not be canceled by the insured
1462 for any reason or by the insurer after 60 days, during which
1463 period the insurer is completing the underwriting of the policy.
1464 After the insurer has issued completed underwriting the policy,
1465 the insurer shall notify the Department of Highway Safety and
1466 Motor Vehicles that the policy is in full force and effect and
1467 is not cancelable for the remainder of the policy period. A
1468 premium shall be collected and the coverage is in effect for the
1469 60-day period during which the insurer is completing the
1470 underwriting of the policy whether or not the person’s driver
1471 license, motor vehicle tag, and motor vehicle registration are
1472 in effect. Once the noncancelable provisions of the policy
1473 becomes become effective, the coverages for bodily injury,
1474 property damage, and personal injury protection may not be
1475 reduced during the policy period below the minimum limits
1476 required under s. 324.021 or s. 324.023 during the policy
1477 period.
1478 Section 28. Except as otherwise expressly provided in this
1479 act, this act shall take effect July 1, 2023.