Florida Senate - 2023                      CS for CS for SB 1252
       
       
        
       By the Committees on Fiscal Policy; and Transportation; and
       Senator DiCeglie
       
       
       
       
       594-04103-23                                          20231252c2
    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 all entities required to
    7         submit crash reports to provide uniform crash reports
    8         to the department using a certain electronic form and
    9         reporting method; defining the term “nonproprietary”;
   10         requiring that such crash reports be consistent with
   11         certain rules and procedures and be numbered and
   12         inventoried; revising the parties to which crash
   13         reports must be made immediately available; providing
   14         a declaration of important state interest; amending s.
   15         316.2935, F.S.; providing an exception to requirements
   16         for certification of air pollution control equipment
   17         by a motor vehicle seller, lessor, or transferor;
   18         amending s. 316.302, F.S.; revising the list of
   19         federal rules and regulations to which owners and
   20         drivers of certain commercial motor vehicles are
   21         subject; amending s. 319.14, F.S.; requiring that a
   22         certificate of title for a flood vehicle specify the
   23         type of water that caused damage to the vehicle, as
   24         applicable; revising the definition of the term “flood
   25         vehicle”; making technical changes; amending s.
   26         319.23, F.S.; making technical changes; amending s.
   27         319.28, F.S.; providing that a certain affidavit
   28         constitutes proof of ownership and right of possession
   29         to a motor vehicle or mobile home the previous owner
   30         of which died testate; amending s. 319.29, F.S.;
   31         prohibiting the department or a tax collector from
   32         charging a fee for reissuance of certain certificates
   33         of title; amending s. 319.30, F.S.; revising the
   34         definition of the terms “independent entity” and
   35         “major component parts”; defining the term “vessel”;
   36         extending current requirements for an independent
   37         entity’s release of a damaged or dismantled vehicle to
   38         include vessels; authorizing the independent entity to
   39         apply for certain certificates for an unclaimed
   40         vessel; providing requirements for such application;
   41         specifying provisions to which the independent entity
   42         is subject; prohibiting the independent entity from
   43         charging vessel storage fees; amending s. 320.06,
   44         F.S.; authorizing permanent registration of certain
   45         rental trucks; authorizing the department to deem a
   46         license plate with reduced dimensions to be necessary
   47         to accommodate trailers; making technical changes;
   48         amending s. 320.0605, F.S.; authorizing a uniform
   49         paper or electronic format of the registration
   50         certificate for a motor vehicle; specifying that
   51         presenting an electronic registration certificate to a
   52         law enforcement officer or agent does not constitute
   53         consent for the officer or agent to access certain
   54         information; making technical changes; amending s.
   55         320.08056, F.S.; deleting plate registration
   56         requirements for out-of-state college or university
   57         license plates; providing applicability; amending s.
   58         320.08058, F.S.; revising requirements regarding
   59         collegiate license plates; authorizing the department
   60         to reauthorize discontinued collegiate license plates
   61         under certain circumstances; revising the distribution
   62         of annual use fees for the “Protect Florida Springs”
   63         license plate; revising the design requirements of the
   64         “American Eagle” license plate; defining the term
   65         “immediate relative”; revising eligibility
   66         requirements for the “Divine Nine” license plate;
   67         renaming the “Give the Kids the World” specialty
   68         license plate as the “Universal Orlando Resort”
   69         specialty license plate; directing the department to
   70         develop a “Florida Association of Realtors” license
   71         plate; providing for distribution and use of fees
   72         collected from the sale of the plate; amending s.
   73         320.084, F.S.; providing that certain disabled
   74         veterans may, upon request, be issued a military
   75         license plate or specialty license plate in lieu of a
   76         “DV” license plate; specifying applicable fees;
   77         specifying nonapplicability of certain provisions;
   78         amending s. 322.01, F.S.; revising definitions;
   79         defining the term “downgrade”; amending s. 322.02,
   80         F.S.; charging the department with enforcement and
   81         administration of certain federal provisions; amending
   82         s. 322.05, F.S.; prohibiting the department from
   83         issuing a commercial motor vehicle operator license to
   84         certain persons; amending s. 322.07, F.S.; revising
   85         requirements for issuance of a temporary commercial
   86         instruction permit; amending s. 322.141, F.S.;
   87         requiring that certain information on the driver
   88         license or identification card of a sexual offender or
   89         sexual predator be printed in red; amending s.
   90         322.142, F.S.; authorizing the department to issue
   91         reproductions of certain files and records to certain
   92         criminal justice or driver licensing agencies for
   93         certain purposes; amending s. 322.21, F.S.;
   94         authorizing reinstatement of a commercial driver
   95         license after a downgrade of the person’s privilege to
   96         operate a commercial motor vehicle under certain
   97         circumstances; making technical changes; creating s.
   98         322.591, F.S.; requiring the department to obtain a
   99         driver’s record from the Commercial Driver’s License
  100         Drug and Alcohol Clearinghouse under certain
  101         circumstances; prohibiting the department from
  102         issuing, renewing, transferring, or revising the types
  103         of authorized vehicles or the endorsements of certain
  104         commercial driver licenses or commercial instruction
  105         permits if the department receives a certain
  106         notification; requiring the department to downgrade a
  107         commercial driver license or commercial instruction
  108         permit within a specified timeframe if the department
  109         receives a certain notification; requiring the
  110         department to notify certain drivers of their
  111         prohibition from operating a commercial motor vehicle
  112         and, upon request, afford them an opportunity for an
  113         informal hearing; providing requirements for such
  114         notice and hearing; requiring the department to enter
  115         a final order to downgrade a commercial driver license
  116         or commercial instruction permit under certain
  117         circumstances; specifying that a request for a hearing
  118         tolls certain deadlines; specifying that certain
  119         notifications received by the department must be in
  120         the record for consideration and are self
  121         authenticating; specifying that the basis for the
  122         notification and the information in the Commercial
  123         Driver’s License Drug and Alcohol Clearinghouse is not
  124         subject to challenge; requiring the department to
  125         dismiss the downgrade of a commercial driver license
  126         or commercial instruction permit under certain
  127         circumstances; requiring the department to record in
  128         the driver’s record that he or she is disqualified
  129         from operating a commercial motor vehicle under
  130         certain circumstances; specifying that certain actions
  131         are not stayed during the pendency of certain
  132         proceedings; requiring the department to reinstate a
  133         commercial driver license or commercial instruction
  134         permit under certain circumstances; exempting the
  135         department from liability for certain commercial
  136         driver license or commercial instruction permit
  137         downgrades; designating the exclusive procedure for
  138         the downgrade of certain commercial driver licenses or
  139         commercial instruction permits; providing construction
  140         and applicability; authorizing the department to issue
  141         at no cost a specified driver license to certain
  142         persons prohibited from operating a commercial motor
  143         vehicle; amending ss. 322.34 and 322.61, F.S.;
  144         conforming cross-references; making technical changes;
  145         amending ss. 324.0221, 324.131, 627.311, and 627.351,
  146         F.S.; conforming provisions to changes made by the
  147         act; making technical changes; amending s. 627.7275,
  148         F.S.; deleting provisions relating to noncancelable
  149         motor vehicle insurance; making technical changes;
  150         providing effective dates.
  151          
  152  Be It Enacted by the Legislature of the State of Florida:
  153  
  154         Section 1. Paragraph (a) of subsection (1) of section
  155  207.004, Florida Statutes, is amended to read:
  156         207.004 Registration of motor carriers; identifying
  157  devices; fees; renewals; temporary fuel-use permits and
  158  driveaway permits.—
  159         (1)(a) A No motor carrier may not shall operate or cause to
  160  be operated in this state any commercial motor vehicle, other
  161  than a Florida-based commercial motor vehicle that travels
  162  Florida intrastate mileage only, that uses diesel fuel or motor
  163  fuel until such carrier has registered with the department or
  164  has registered under a cooperative reciprocal agreement as
  165  described in s. 207.0281, after such time as this state enters
  166  into such agreement, and has been issued an identifying device
  167  or such carrier has been issued a permit as authorized under
  168  subsections (4) and (5) for each vehicle operated. The fee for
  169  each such identifying device issued is There shall be a fee of
  170  $4 per year or any fraction thereof for each such identifying
  171  device issued. The identifying device must shall be provided by
  172  the department and must be conspicuously displayed on the
  173  commercial motor vehicle as prescribed by the department while
  174  it is being operated on the public highways of this state. The
  175  transfer of an identifying device from one vehicle to another
  176  vehicle or from one motor carrier to another motor carrier is
  177  prohibited. The department or its authorized agent shall issue
  178  licenses and fuel tax decals.
  179         Section 2. Effective July 1, 2025, section 316.066, Florida
  180  Statutes, as amended by section 1 of chapter 2022-198, Laws of
  181  Florida, is amended to read:
  182         316.066 Written reports of crashes; electronic submission.—
  183         (1)(a) All entities required to submit crash reports must
  184  provide uniform crash reports by electronic means to the
  185  department using a nonproprietary, interchangeable electronic
  186  form and reporting method. For purposes of this paragraph, the
  187  term “nonproprietary means commonly used and commercially
  188  available report formats and reporting methods. Such crash
  189  reports must be consistent with state traffic crash manual rules
  190  and with procedures established by the department and must be
  191  appropriately numbered and inventoried. A Florida Traffic Crash
  192  Report, Long Form must be completed and electronically submitted
  193  to the department within 10 days after an investigation is
  194  completed by the law enforcement officer who in the regular
  195  course of duty investigates a motor vehicle crash that:
  196         1. Resulted in death of, personal injury to, or any
  197  indication of complaints of pain or discomfort by any of the
  198  parties or passengers involved in the crash;
  199         2. Involved a violation of s. 316.061(1) or s. 316.193;
  200         3. Rendered a vehicle inoperable to a degree that required
  201  a wrecker to remove it from the scene of the crash; or
  202         4. Involved a commercial motor vehicle.
  203         (b) The Florida Traffic Crash Report, Long Form must
  204  include:
  205         1. The date, time, and location of the crash.
  206         2. A description of the vehicles involved.
  207         3. The names and addresses of the parties involved,
  208  including all drivers and passengers, and the identification of
  209  the vehicle in which each was a driver or a passenger.
  210         4. The names and addresses of witnesses.
  211         5. The name, badge number, and law enforcement agency of
  212  the officer investigating the crash.
  213         6. The names of the insurance companies for the respective
  214  parties involved in the crash.
  215         (c) In any crash for which a Florida Traffic Crash Report,
  216  Long Form is not required by this section and which occurs on
  217  the public roadways of this state, the law enforcement officer
  218  shall complete a short-form crash report or provide a driver
  219  exchange-of-information form, to be completed by all drivers and
  220  passengers involved in the crash, which requires the
  221  identification of each vehicle that the drivers and passengers
  222  were in. The short-form report must include:
  223         1. The date, time, and location of the crash.
  224         2. A description of the vehicles involved.
  225         3. The names and addresses of the parties involved,
  226  including all drivers and passengers, and the identification of
  227  the vehicle in which each was a driver or a passenger.
  228         4. The names and addresses of witnesses.
  229         5. The name, badge number, and law enforcement agency of
  230  the officer investigating the crash.
  231         6. The names of the insurance companies for the respective
  232  parties involved in the crash.
  233         (d) Each party to the crash must provide the law
  234  enforcement officer with proof of insurance, which must be
  235  documented in the crash report. If a law enforcement officer
  236  submits a report on the crash, proof of insurance must be
  237  provided to the officer by each party involved in the crash. Any
  238  party who fails to provide the required information commits a
  239  noncriminal traffic infraction, punishable as a nonmoving
  240  violation as provided in chapter 318, unless the officer
  241  determines that due to injuries or other special circumstances
  242  such insurance information cannot be provided immediately. If
  243  the person provides the law enforcement agency, within 24 hours
  244  after the crash, proof of insurance that was valid at the time
  245  of the crash, the law enforcement agency may void the citation.
  246         (e) The driver of a vehicle that was in any manner involved
  247  in a crash resulting in damage to a vehicle or other property
  248  which does not require a law enforcement report shall, within 10
  249  days after the crash, submit a written report of the crash to
  250  the department. The report must shall be submitted on a form
  251  approved by the department.
  252         (f) Long-form and short-form crash reports prepared by law
  253  enforcement must be submitted to the department and may be
  254  maintained by the law enforcement officer’s agency.
  255         (2)(a) Crash reports that reveal the identity, home or
  256  employment telephone number or home or employment address of, or
  257  other personal information concerning the parties involved in
  258  the crash and that are held by an agency, as defined in s.
  259  119.011, are confidential and exempt from s. 119.07(1) and s.
  260  24(a), Art. I of the State Constitution for a period of 60 days
  261  after the date the report is filed.
  262         (b) Crash reports held by an agency under paragraph (a) may
  263  be made immediately available to the parties involved in the
  264  crash, their legal representatives, their licensed insurance
  265  agents, their insurers or insurers to which they have applied
  266  for coverage, persons under contract with such insurers to
  267  provide claims or underwriting information, law enforcement
  268  agencies and their contracted service providers, victim services
  269  programs, and any federal, state, or local governmental agency
  270  or any private person or entity acting on behalf of a federal,
  271  state, or local governmental agency in carrying out its
  272  functions, but not for redistribution to any person or entity
  273  not listed in this subsection. Crash reports held by an agency
  274  under paragraph (a) which do not contain the home or employment
  275  street addresses, driver license or identification card numbers,
  276  dates of birth, and home and employment telephone numbers of the
  277  parties involved in the crash shall be made immediately
  278  available to radio and television stations licensed by the
  279  Federal Communications Commission and newspapers qualified to
  280  publish legal notices under ss. 50.011 and 50.031. A crash
  281  report may also be made available to any third party acting on
  282  behalf of a person or entity authorized under this section to
  283  access the crash report, except that the third party may
  284  disclose the crash report only to the person or entity
  285  authorized to access the crash report under this section on
  286  whose behalf the third party has sought the report. This section
  287  shall not prevent an agency, pursuant to a memorandum of
  288  understanding, from providing data derived from crash reports to
  289  a third party solely for the purpose of identifying vehicles
  290  involved in crashes if such data does not reveal the identity,
  291  home or employment telephone number or home or employment
  292  address, or other personal information of the parties involved
  293  in the crash.
  294         (c) Any local, state, or federal agency that is authorized
  295  to have access to crash reports by any provision of law shall be
  296  granted such access in the furtherance of the agency’s statutory
  297  duties.
  298         (d) As a condition precedent to accessing a crash report, a
  299  person must present a valid driver license or other photographic
  300  identification, proof of status, or identification that
  301  demonstrates his or her qualifications to access that
  302  information and file a written sworn statement with the state or
  303  local agency in possession of the information stating that
  304  information from a crash report made confidential and exempt by
  305  this section will not be used for any commercial solicitation of
  306  accident victims or knowingly disclosed to any third party for
  307  the purpose of such solicitation. Such written sworn statement
  308  must be completed and sworn to by the requesting party for each
  309  individual crash report that is being requested. In lieu of
  310  requiring the written sworn statement, an agency may provide
  311  crash reports by electronic means pursuant to a memorandum of
  312  understanding to third-party vendors under contract with one or
  313  more insurers, but only when such contract states that
  314  information from a crash report made confidential and exempt by
  315  this section will not be used for any commercial solicitation of
  316  accident victims by the vendors, or knowingly disclosed by the
  317  vendors to any third party for the purpose of such solicitation,
  318  and only when a copy of such contract is furnished to the agency
  319  as proof of the vendor’s claimed status.
  320         (e) This subsection does not prevent the dissemination or
  321  publication of news to the general public by any legitimate
  322  media entitled to access confidential and exempt information
  323  pursuant to this section.
  324         (f) Crash reports held by an agency under paragraph (a) may
  325  be made available 60 days after the date the report is filed to
  326  any person or entity eligible to access crash reports under
  327  paragraph (b) or in accordance with any of the permissible uses
  328  listed in 18 U.S.C. s. 2721(b) and pursuant to the resale and
  329  redisclosure requirements in 18 U.S.C. s. 2721(c).
  330         (g) If crash reports are created by or submitted to an
  331  agency electronically as data elements within a computerized
  332  database or if personal information from a crash report is
  333  entered into a computerized database, such crash data held by an
  334  agency is confidential and exempt from s. 119.07(1) and s.
  335  24(a), Art. I of the State Constitution. Sixty days after the
  336  date the crash report is filed, an agency may provide crash data
  337  derived from the crash report which includes personal
  338  information to entities eligible to access the crash report
  339  under paragraph (b), or in accordance with any of the
  340  permissible uses listed in 18 U.S.C. s. 2721(b) and pursuant to
  341  the resale and redisclosure requirements in 18 U.S.C. s.
  342  2721(c). Such data shall be provided pursuant to a memorandum of
  343  understanding.
  344         (h) This subsection is subject to the Open Government
  345  Sunset Review Act in accordance with s. 119.15 and shall stand
  346  repealed on October 2, 2027, unless reviewed and saved from
  347  repeal through reenactment by the Legislature.
  348         (3)(a) Any driver failing to file the written report
  349  required under subsection (1) commits a noncriminal traffic
  350  infraction, punishable as a nonmoving violation as provided in
  351  chapter 318.
  352         (b) Any employee of a state or local agency in possession
  353  of information made confidential and exempt by this section who
  354  knowingly discloses such confidential and exempt information to
  355  a person not entitled to access such information under this
  356  section commits a felony of the third degree, punishable as
  357  provided in s. 775.082, s. 775.083, or s. 775.084.
  358         (c) Any person, knowing that he or she is not entitled to
  359  obtain information made confidential and exempt by this section,
  360  who obtains or attempts to obtain such information commits a
  361  felony of the third degree, punishable as provided in s.
  362  775.082, s. 775.083, or s. 775.084.
  363         (d) Any person who knowingly uses confidential and exempt
  364  information in violation of a filed written sworn statement,
  365  memorandum of understanding, or contractual agreement required
  366  by this section commits a felony of the third degree, punishable
  367  as provided in s. 775.082, s. 775.083, or s. 775.084.
  368         (e) In addition to penalties outlined in paragraphs (c) and
  369  (d), a person who obtains a crash report or crash data and who
  370  knowingly discloses or knowingly uses personal information
  371  revealed in the report for a purpose not permitted under 18
  372  U.S.C. s. 2721(b) is liable to the individual to whom the
  373  information pertains, who may bring a civil action in any court
  374  of competent jurisdiction. The court may award:
  375         1. Actual damages, but not less than liquidated damages in
  376  the amount of $2,500.
  377         2. Punitive damages upon proof of willful or reckless
  378  disregard of the law.
  379         3. Reasonable attorney fees and other litigation costs
  380  reasonably incurred.
  381         4. Such other preliminary and equitable relief as the court
  382  determines to be appropriate.
  383  
  384  This paragraph does not apply to radio and television stations
  385  licensed by the Federal Communications Commission and newspapers
  386  qualified to publish legal notices under ss. 50.011 and 50.031.
  387         (4) Except as specified in this subsection, each crash
  388  report made by a person involved in a crash and any statement
  389  made by such person to a law enforcement officer for the purpose
  390  of completing a crash report required by this section must shall
  391  be without prejudice to the individual so reporting. Such report
  392  or statement may not be used as evidence in any trial, civil or
  393  criminal. However, subject to the applicable rules of evidence,
  394  a law enforcement officer at a criminal trial may testify as to
  395  any statement made to the officer by the person involved in the
  396  crash if that person’s privilege against self-incrimination is
  397  not violated. The results of breath, urine, and blood tests
  398  administered as provided in s. 316.1932 or s. 316.1933 are not
  399  confidential and are admissible into evidence in accordance with
  400  the provisions of s. 316.1934(2).
  401         (5) A law enforcement officer, as defined in s. 943.10(1),
  402  may enforce this section.
  403         Section 3. The Legislature finds that a proper and
  404  legitimate purpose is served when crash reports required under
  405  s. 316.066, Florida Statutes, are filed electronically with the
  406  Department of Highway Safety and Motor Vehicles by all entities
  407  required to submit crash reports. Electronic filing will
  408  expedite the availability of crash reports to the persons
  409  authorized to receive them, simplify the process of making crash
  410  reports available, and expedite the availability of information
  411  derived from crash reports to improve highway safety. The
  412  requirement of this act that complete crash reports be submitted
  413  electronically to the Department of Highway Safety and Motor
  414  Vehicles applies to all law enforcement agencies that prepare
  415  crash reports submit the completed crash reports electronically
  416  to the Department of Highway Safety and Motor Vehicles applies
  417  to all similarly situated persons, including school district law
  418  enforcement agencies, state university law enforcement agencies,
  419  and state law enforcement agencies. Therefore, the Legislature
  420  determines and declares that the amendments made by this act to
  421  s. 316.066, Florida Statutes, fulfill an important state
  422  interest.
  423         Section 4. Paragraph (b) of subsection (1) of section
  424  316.2935, Florida Statutes, is amended to read:
  425         316.2935 Air pollution control equipment; tampering
  426  prohibited; penalty.—
  427         (1)
  428         (b) At the time of sale, lease, or transfer of title of a
  429  motor vehicle, the seller, lessor, or transferor shall certify
  430  in writing to the purchaser, lessee, or transferee that the air
  431  pollution control equipment of the motor vehicle has not been
  432  tampered with by the seller, lessor, or transferor or their
  433  agents, employees, or other representatives. A licensed motor
  434  vehicle dealer shall also visually observe those air pollution
  435  control devices listed by department rule pursuant to subsection
  436  (7), and certify that they are in place, and appear properly
  437  connected and undamaged. Such certification may shall not be
  438  deemed or construed as a warranty that the pollution control
  439  devices of the subject vehicle are in functional condition, nor
  440  does the execution or delivery of this certification create by
  441  itself grounds for a cause of action between the parties to this
  442  transaction. This paragraph does not apply if the purchaser of
  443  the motor vehicle is a lessee purchasing the leased motor
  444  vehicle or if the licensed motor vehicle dealer is not in
  445  possession of the motor vehicle at the time of sale.
  446         Section 5. Paragraphs (a), (b), and (e) of subsection (1),
  447  paragraph (d) of subsection (2), and subsection (9) of section
  448  316.302, Florida Statutes, are amended to read:
  449         316.302 Commercial motor vehicles; safety regulations;
  450  transporters and shippers of hazardous materials; enforcement.—
  451         (1)(a) All owners and drivers of commercial motor vehicles
  452  that are operated on the public highways of this state while
  453  engaged in interstate commerce are subject to the rules and
  454  regulations contained in 49 C.F.R. parts 382, 383, 384, 385,
  455  386, and 390-397.
  456         (b) Except as otherwise provided in this section, all
  457  owners and drivers of commercial motor vehicles that are engaged
  458  in intrastate commerce are subject to the rules and regulations
  459  contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390
  460  397, as such rules and regulations existed on December 31, 2022
  461  2020.
  462         (e) A person who operates a commercial motor vehicle solely
  463  in intrastate commerce which does not transport hazardous
  464  materials in amounts that require placarding pursuant to 49
  465  C.F.R. part 172 need not comply with the requirements of
  466  electronic logging devices and hours of service supporting
  467  documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
  468  until December 31, 2019.
  469         (2)
  470         (d) A person who operates a commercial motor vehicle solely
  471  in intrastate commerce not transporting any hazardous material
  472  in amounts that require placarding pursuant to 49 C.F.R. part
  473  172 within a 150 air-mile radius of the location where the
  474  vehicle is based need not comply with 49 C.F.R. ss. 395.8 and
  475  395.11 49 C.F.R. s. 395.8 if the requirements of 49 C.F.R. s.
  476  395.1(e)(1)(iii) and (iv) 49 C.F.R. s. 395.1(e)(1) (ii),
  477  (iii)(A) and (C), and (v) are met.
  478         (9) For the purpose of enforcing this section, any law
  479  enforcement officer of the Department of Highway Safety and
  480  Motor Vehicles or duly appointed agent who holds a current
  481  safety inspector certification from the Commercial Vehicle
  482  Safety Alliance may require the driver of any commercial vehicle
  483  operated on the highways of this state to stop and submit to an
  484  inspection of the vehicle or the driver’s records. If the
  485  vehicle or driver is found to be operating in an unsafe
  486  condition, or if any required part or equipment is not present
  487  or is not in proper repair or adjustment, and the continued
  488  operation would present an unduly hazardous operating condition,
  489  the officer or agent may require the vehicle or the driver to be
  490  removed from service pursuant to the North American Standard
  491  Out-of-Service Criteria, until corrected. However, if continuous
  492  operation would not present an unduly hazardous operating
  493  condition, the officer or agent may give written notice
  494  requiring correction of the condition within 15 days.
  495         (a) Any member of the Florida Highway Patrol or any law
  496  enforcement officer employed by a sheriff’s office or municipal
  497  police department authorized to enforce the traffic laws of this
  498  state pursuant to s. 316.640 who has reason to believe that a
  499  vehicle or driver is operating in an unsafe condition may, as
  500  provided in subsection (11), enforce the provisions of this
  501  section.
  502         (b) Any person who fails to comply with a an officer’s
  503  request to submit to an inspection under this subsection commits
  504  a violation of s. 843.02 if the person resists the officer
  505  without violence or a violation of s. 843.01 if the person
  506  resists the officer with violence.
  507         Section 6. Paragraphs (b) and (c) of subsection (1) of
  508  section 319.14, Florida Statutes, are amended to read:
  509         319.14 Sale of motor vehicles registered or used as
  510  taxicabs, police vehicles, lease vehicles, rebuilt vehicles,
  511  nonconforming vehicles, custom vehicles, or street rod vehicles;
  512  conversion of low-speed vehicles.—
  513         (1)
  514         (b) A person may not knowingly offer for sale, sell, or
  515  exchange a rebuilt vehicle until the department has stamped in a
  516  conspicuous place on the certificate of title for the vehicle
  517  words stating that the vehicle has been rebuilt or assembled
  518  from parts, or is a kit car, glider kit, replica, flood vehicle,
  519  custom vehicle, or street rod vehicle unless proper application
  520  for a certificate of title for a vehicle that is rebuilt or
  521  assembled from parts, or is a kit car, glider kit, replica,
  522  flood vehicle, custom vehicle, or street rod vehicle has been
  523  made to the department in accordance with this chapter and the
  524  department has conducted the physical examination of the vehicle
  525  to assure the identity of the vehicle and all major component
  526  parts, as defined in s. 319.30(1), which have been repaired or
  527  replaced. If a vehicle is identified as a flood vehicle, the
  528  words stamped on the certificate of title must identify the type
  529  of water that caused damage to the vehicle as “salt water,”
  530  “fresh water,” or “other or unknown water type,” as applicable.
  531  Thereafter, the department shall affix a decal to the vehicle,
  532  in the manner prescribed by the department, showing the vehicle
  533  to be rebuilt.
  534         (c) As used in this section, the term:
  535         9.1. “Police vehicle” means a motor vehicle owned or leased
  536  by the state or a county or municipality and used in law
  537  enforcement.
  538         13.2.a. “Short-term-lease vehicle” means a motor vehicle
  539  leased without a driver and under a written agreement to one or
  540  more persons from time to time for a period of less than 12
  541  months.
  542         7.b. “Long-term-lease vehicle” means a motor vehicle leased
  543  without a driver and under a written agreement to one person for
  544  a period of 12 months or longer.
  545         6.c. “Lease vehicle” includes both short-term-lease
  546  vehicles and long-term-lease vehicles.
  547         10.3. “Rebuilt vehicle” means a motor vehicle or mobile
  548  home built from salvage or junk, as defined in s. 319.30(1).
  549         1.4. “Assembled from parts” means a motor vehicle or mobile
  550  home assembled from parts or combined from parts of motor
  551  vehicles or mobile homes, new or used. The term “assembled from
  552  parts” does not include mean a motor vehicle defined as a
  553  “rebuilt vehicle” as defined in subparagraph 10. in subparagraph
  554  3., which has been declared a total loss pursuant to s. 319.30.
  555         5. “Kit car” means a motor vehicle assembled with a kit
  556  supplied by a manufacturer to rebuild a wrecked or outdated
  557  motor vehicle with a new body kit.
  558         4.6. “Glider kit” means a vehicle assembled with a kit
  559  supplied by a manufacturer to rebuild a wrecked or outdated
  560  truck or truck tractor.
  561         11.7. “Replica” means a complete new motor vehicle
  562  manufactured to look like an old vehicle.
  563         3.8. “Flood vehicle” means a motor vehicle or mobile home
  564  that has been declared to be a total loss pursuant to s.
  565  319.30(3)(a) resulting from damage caused by salt water, fresh
  566  water, or other or unknown type of water.
  567         8.9. “Nonconforming vehicle” means a motor vehicle that
  568  which has been purchased by a manufacturer pursuant to a
  569  settlement, determination, or decision under chapter 681.
  570         12.10. “Settlement” means an agreement entered into between
  571  a manufacturer and a consumer which that occurs after a dispute
  572  is submitted to a program, or to an informal dispute settlement
  573  procedure established by a manufacturer, or is approved for
  574  arbitration before the Florida New Motor Vehicle Arbitration
  575  Board as defined in s. 681.102.
  576         2.11. “Custom vehicle” means a motor vehicle that:
  577         a. Is 25 years of age or older and of a model year after
  578  1948 or was manufactured to resemble a vehicle that is 25 years
  579  of age or older and of a model year after 1948; and
  580         b. Has been altered from the manufacturer’s original design
  581  or has a body constructed from nonoriginal materials.
  582  
  583  The model year and year of manufacture that the body of a custom
  584  vehicle resembles is the model year and year of manufacture
  585  listed on the certificate of title, regardless of when the
  586  vehicle was actually manufactured.
  587         14.12. “Street rod” means a motor vehicle that:
  588         a. Is of a model year of 1948 or older or was manufactured
  589  after 1948 to resemble a vehicle of a model year of 1948 or
  590  older; and
  591         b. Has been altered from the manufacturer’s original design
  592  or has a body constructed from nonoriginal materials.
  593  
  594  The model year and year of manufacture that the body of a street
  595  rod resembles is the model year and year of manufacture listed
  596  on the certificate of title, regardless of when the vehicle was
  597  actually manufactured.
  598         Section 7. Subsection (3) of section 319.23, Florida
  599  Statutes, is amended to read:
  600         319.23 Application for, and issuance of, certificate of
  601  title.—
  602         (3) If a certificate of title has not previously been
  603  issued for a motor vehicle or mobile home in this state, the
  604  application must, unless otherwise provided for in this chapter,
  605  shall be accompanied by a proper bill of sale or sworn statement
  606  of ownership, or a duly certified copy thereof, or by a
  607  certificate of title, bill of sale, or other evidence of
  608  ownership required by the law of the state or country county
  609  from which the motor vehicle or mobile home was brought into
  610  this state. The application must shall also be accompanied by:
  611         (a)1. A sworn affidavit from the seller and purchaser
  612  verifying that the vehicle identification number shown on the
  613  affidavit is identical to the vehicle identification number
  614  shown on the motor vehicle; or
  615         2. An appropriate departmental form evidencing that a
  616  physical examination has been made of the motor vehicle by the
  617  owner and by a duly constituted law enforcement officer in any
  618  state, a licensed motor vehicle dealer, a license inspector as
  619  provided by s. 320.58, or a notary public commissioned by this
  620  state and that the vehicle identification number shown on such
  621  form is identical to the vehicle identification number shown on
  622  the motor vehicle; and
  623         (b) If the vehicle is a used car original, a sworn
  624  affidavit from the owner verifying that the odometer reading
  625  shown on the affidavit is identical to the odometer reading
  626  shown on the motor vehicle in accordance with the requirements
  627  of 49 C.F.R. s. 580.5 at the time that application for title is
  628  made. For the purposes of this section, the term “used car
  629  original” means a used vehicle coming into and being titled in
  630  this state for the first time.
  631         (c) If the vehicle is an ancient or antique vehicle, as
  632  defined in s. 320.086, the application must shall be accompanied
  633  by a certificate of title; a bill of sale and a registration; or
  634  a bill of sale and an affidavit by the owner defending the title
  635  from all claims. The bill of sale must contain a complete
  636  vehicle description to include the vehicle identification or
  637  engine number, year make, color, selling price, and signatures
  638  of the seller and purchaser.
  639  
  640  Verification of the vehicle identification number is not
  641  required for any new motor vehicle; any mobile home; any trailer
  642  or semitrailer with a net weight of less than 2,000 pounds; or
  643  any travel trailer, camping trailer, truck camper, or fifth
  644  wheel recreation trailer.
  645         Section 8. Present paragraphs (c) and (d) of subsection (1)
  646  of section 319.28, Florida Statutes, are redesignated as
  647  paragraphs (d) and (e), respectively, and a new paragraph (c) is
  648  added to that subsection, to read:
  649         319.28 Transfer of ownership by operation of law.—
  650         (1)
  651         (c)If the previous owner died testate and the application
  652  for a certificate of title is made by, and accompanied by an
  653  affidavit attested by, a Florida-licensed attorney in good
  654  standing with The Florida Bar who represents the previous
  655  owner’s estate, such affidavit, for purposes of paragraph (a),
  656  constitutes satisfactory proof of ownership and right of
  657  possession to the motor vehicle or mobile home, so long as the
  658  affidavit sets forth the rightful heir or heirs and the attorney
  659  attests in the affidavit that such heir or heirs are lawfully
  660  entitled to the rights of ownership and possession of the motor
  661  vehicle or mobile home. The application for certificate of title
  662  filed under this paragraph is not required to be accompanied by
  663  a copy of the will or other testamentary instrument.
  664         Section 9. Subsection (3) of section 319.29, Florida
  665  Statutes, is amended to read:
  666         319.29 Lost or destroyed certificates.—
  667         (3) If, following the issuance of an original, duplicate,
  668  or corrected certificate of title by the department, the
  669  certificate is lost in transit and is not delivered to the
  670  addressee, the owner of the motor vehicle or mobile home, or the
  671  holder of a lien thereon, may, within 180 days after of the date
  672  of issuance of the title, apply to the department for reissuance
  673  of the certificate of title. An No additional fee may not shall
  674  be charged by the department or a tax collector, as agent for
  675  the department, for reissuance under this subsection.
  676         Section 10. Paragraphs (g) and (j) of subsection (1) and
  677  subsection (9) of section 319.30, Florida Statutes, are amended,
  678  and paragraph (y) is added to subsection (1) of that section, to
  679  read:
  680         319.30 Definitions; dismantling, destruction, change of
  681  identity of motor vehicle or mobile home; salvage.—
  682         (1) As used in this section, the term:
  683         (g) “Independent entity” means a business or entity that
  684  may temporarily store damaged or dismantled motor vehicles or
  685  vessels pursuant to an agreement with an insurance company and
  686  is engaged in the sale or resale of damaged or dismantled motor
  687  vehicles or vessels. The term does not include a wrecker
  688  operator, a towing company, or a repair facility.
  689         (j) “Major component parts” means:
  690         1. For motor vehicles other than motorcycles and electric,
  691  hybrid, or plug-in hybrid motor vehicles, any fender, hood,
  692  bumper, cowl assembly, rear quarter panel, trunk lid, door,
  693  decklid, floor pan, engine, frame, transmission, catalytic
  694  converter, or airbag.
  695         2. For trucks, other than electric, hybrid, or plug-in
  696  hybrid motor vehicles, in addition to those parts listed in
  697  subparagraph 1., any truck bed, including dump, wrecker, crane,
  698  mixer, cargo box, or any bed which mounts to a truck frame.
  699         3. For motorcycles, the body assembly, frame, fenders, gas
  700  tanks, engine, cylinder block, heads, engine case, crank case,
  701  transmission, drive train, front fork assembly, and wheels.
  702         4. For mobile homes, the frame.
  703         5.For electric, hybrid, or plug-in hybrid motor vehicles,
  704  any fender, hood, bumper, cowl assembly, rear quarter panel,
  705  trunk lid, door, decklid, floor pan, engine, electric traction
  706  motor, frame, transmission or electronic transmission, charge
  707  port, DC power converter, onboard charger, power electronics
  708  controller, thermal system, traction battery pack, catalytic
  709  converter, or airbag.
  710         (y)“Vessel” has the same meaning as provided in s.
  711  713.78(1)(b).
  712         (9)(a) An insurance company may notify an independent
  713  entity that obtains possession of a damaged or dismantled motor
  714  vehicle or vessel to release the vehicle or vessel to the owner.
  715  The insurance company shall provide the independent entity a
  716  release statement on a form prescribed by the department
  717  authorizing the independent entity to release the vehicle or
  718  vessel to the owner or lienholder. The form must, at a minimum,
  719  contain the following:
  720         1. The policy and claim number.
  721         2. The name and address of the insured.
  722         3. The vehicle identification number or vessel hull
  723  identification number.
  724         4. The signature of an authorized representative of the
  725  insurance company.
  726         (b) The independent entity in possession of a motor vehicle
  727  or vessel must send a notice to the owner that the vehicle or
  728  vessel is available for pickup when it receives a release
  729  statement from the insurance company. The notice must shall be
  730  sent by certified mail or by another commercially available
  731  delivery service that provides proof of delivery to the owner at
  732  the owner’s address contained in the department’s records. The
  733  notice must state that the owner has 30 days after delivery of
  734  the notice to the owner at the owner’s address to pick up the
  735  vehicle or vessel from the independent entity. If the motor
  736  vehicle or vessel is not claimed within 30 days after the
  737  delivery or attempted delivery of the notice, the independent
  738  entity may apply for a certificate of destruction, a salvage
  739  certificate of title, or a certificate of title. For a hull
  740  damaged vessel, the independent entity shall comply with s.
  741  328.045, as applicable.
  742         (c) If the department’s records do not contain the owner’s
  743  address, the independent entity must do all of the following:
  744         1. Send a notice that meets the requirements of paragraph
  745  (b) to the owner’s address that is provided by the insurance
  746  company in the release statement.
  747         2. For a vehicle, identify the latest titling jurisdiction
  748  of the vehicle through use of the National Motor Vehicle Title
  749  Information System or an equivalent commercially available
  750  system and attempt to obtain the owner’s address from that
  751  jurisdiction. If the jurisdiction returns an address that is
  752  different from the owner’s address provided by the insurance
  753  company, the independent entity must send a notice that meets
  754  the requirements of paragraph (b) to both addresses.
  755         (d) The independent entity shall maintain for at least a
  756  minimum of 3 years the records related to the 30-day notice sent
  757  to the owner. For vehicles, the independent entity shall also
  758  maintain for at least 3 years the results of searches of the
  759  National Motor Vehicle Title Information System or an equivalent
  760  commercially available system, and the notification to the
  761  National Motor Vehicle Title Information System made pursuant to
  762  paragraph (e).
  763         (e) The independent entity shall make the required
  764  notification to the National Motor Vehicle Title Information
  765  System before releasing any damaged or dismantled motor vehicle
  766  to the owner or before applying for a certificate of destruction
  767  or salvage certificate of title. The independent entity is not
  768  required to notify the National Motor Vehicle Title Information
  769  System before releasing any damaged or dismantled vessel to the
  770  owner or before applying for a certificate of title.
  771         (f) Upon applying for a certificate of destruction, or
  772  salvage certificate of title, or certificate of title, the
  773  independent entity shall provide a copy of the release statement
  774  from the insurance company to the independent entity, proof of
  775  providing the 30-day notice to the owner, proof of notification
  776  to the National Motor Vehicle Title Information System if
  777  required, proof of all lien satisfactions or proof of a release
  778  of all liens on the motor vehicle or vessel, and applicable
  779  fees. If the independent entity is unable to obtain a lien
  780  satisfaction or a release of all liens on the motor vehicle or
  781  vessel, the independent entity must provide an affidavit stating
  782  that notice was sent to all lienholders that the motor vehicle
  783  or vessel is available for pickup, 30 days have passed since the
  784  notice was delivered or attempted to be delivered pursuant to
  785  this section, attempts have been made to obtain a release from
  786  all lienholders, and all such attempts have been to no avail.
  787  The notice to lienholders and attempts to obtain a release from
  788  lienholders may be by written request delivered in person or by
  789  certified mail or another commercially available delivery
  790  service that provides proof of delivery to the lienholder at the
  791  lienholder’s address as provided on the certificate of title and
  792  to the address designated with the Department of State pursuant
  793  to s. 655.0201(2) if such address is different.
  794         (g) The independent entity may not charge an owner of the
  795  vehicle or vessel storage fees or apply for a title under s.
  796  713.585 or s. 713.78.
  797         Section 11. Paragraph (b) of subsection (1) and paragraph
  798  (a) of subsection (3) of section 320.06, Florida Statutes, are
  799  amended to read:
  800         320.06 Registration certificates, license plates, and
  801  validation stickers generally.—
  802         (1)
  803         (b)1. Registration license plates bearing a graphic symbol
  804  and the alphanumeric system of identification shall be issued
  805  for a 10-year period. At the end of the 10-year period, upon
  806  renewal, the plate must shall be replaced. The department shall
  807  extend the scheduled license plate replacement date from a 6
  808  year period to a 10-year period. The fee for such replacement is
  809  $28, $2.80 of which must shall be paid each year before the
  810  plate is replaced, to be credited toward the next $28
  811  replacement fee. The fees must shall be deposited into the
  812  Highway Safety Operating Trust Fund. A credit or refund may not
  813  be given for any prior years’ payments of the prorated
  814  replacement fee if the plate is replaced or surrendered before
  815  the end of the 10-year period, except that a credit may be given
  816  if a registrant is required by the department to replace a
  817  license plate under s. 320.08056(8)(a). With each license plate,
  818  a validation sticker must shall be issued showing the owner’s
  819  birth month, license plate number, and the year of expiration or
  820  the appropriate renewal period if the owner is not a natural
  821  person. The validation sticker must shall be placed on the upper
  822  right corner of the license plate. The license plate and
  823  validation sticker must shall be issued based on the applicant’s
  824  appropriate renewal period. The registration period is 12
  825  months, the extended registration period is 24 months, and all
  826  expirations occur based on the applicant’s appropriate
  827  registration period. Rental vehicles taxed pursuant to s.
  828  320.08(6)(a) and rental trucks taxed pursuant to s.
  829  320.08(3)(a), (b), and (c) and (4)(a)-(d) may elect a permanent
  830  registration period, provided payment of the appropriate license
  831  taxes and fees occurs annually.
  832         2. A vehicle that has an apportioned registration must
  833  shall be issued an annual license plate and a cab card that
  834  denote the declared gross vehicle weight for each apportioned
  835  jurisdiction in which the vehicle is authorized to operate. This
  836  subparagraph expires June 30, 2024.
  837         3. Beginning July 1, 2024, a vehicle registered in
  838  accordance with the International Registration Plan must be
  839  issued a license plate for a 3-year period. At the end of the 3
  840  year period, upon renewal, the license plate must be replaced.
  841  Each license plate must include a validation sticker showing the
  842  month of expiration. A cab card denoting the declared gross
  843  vehicle weight for each apportioned jurisdiction must be issued
  844  annually. The fee for an original or a renewal cab card is $28,
  845  which must be deposited into the Highway Safety Operating Trust
  846  Fund. If the license plate is damaged or worn, it may be
  847  replaced at no charge by applying to the department and
  848  surrendering the current license plate.
  849         4. In order to retain the efficient administration of the
  850  taxes and fees imposed by this chapter, the 80-cent fee increase
  851  in the replacement fee imposed by chapter 2009-71, Laws of
  852  Florida, is negated as provided in s. 320.0804.
  853         (3)(a) Registration license plates must be made of metal
  854  specially treated with a retroreflection material, as specified
  855  by the department. The registration license plate is designed to
  856  increase nighttime visibility and legibility and must be at
  857  least 6 inches wide and not less than 12 inches in length,
  858  unless a plate with reduced dimensions is deemed necessary by
  859  the department to accommodate motorcycles, mopeds, or similar
  860  smaller vehicles, or trailers. Validation stickers must also be
  861  treated with a retroreflection material, must be of such size as
  862  specified by the department, and must adhere to the license
  863  plate. The registration license plate must be imprinted with a
  864  combination of bold letters and numerals or numerals, not to
  865  exceed seven digits, to identify the registration license plate
  866  number. The license plate must be imprinted with the word
  867  “Florida” at the top and the name of the county in which it is
  868  sold, the state motto, or the words “Sunshine State” at the
  869  bottom. Apportioned license plates must have the word
  870  “Apportioned” at the bottom, and license plates issued for
  871  vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
  872  (c), or (14) must have the word “Restricted” at the bottom.
  873  License plates issued for vehicles taxed under s. 320.08(12)
  874  must be imprinted with the word “Florida” at the top and the
  875  word “Dealer” at the bottom unless the license plate is a
  876  specialty license plate as authorized in s. 320.08056.
  877  Manufacturer license plates issued for vehicles taxed under s.
  878  320.08(12) must be imprinted with the word “Florida” at the top
  879  and the word “Manufacturer” at the bottom. License plates issued
  880  for vehicles taxed under s. 320.08(5)(d) or (e) must be
  881  imprinted with the word “Wrecker” at the bottom. Any county may,
  882  upon majority vote of the county commission, elect to have the
  883  county name removed from the license plates sold in that county.
  884  The state motto or the words “Sunshine State” must shall be
  885  printed in lieu thereof. A license plate issued for a vehicle
  886  taxed under s. 320.08(6) may not be assigned a registration
  887  license number, or be issued with any other distinctive
  888  character or designation, that distinguishes the motor vehicle
  889  as a for-hire motor vehicle.
  890         Section 12. Effective January 1, 2024, section 320.0605,
  891  Florida Statutes, is amended to read:
  892         320.0605 Certificate of registration and other documents;
  893  possession required; exception.—
  894         (1)(a) The registration certificate in a uniform paper or
  895  electronic format, as prescribed by the department, or an
  896  official copy thereof;, a true copy or an electronic copy of
  897  rental or lease documentation issued for a motor vehicle or
  898  issued for a replacement vehicle in the same registration
  899  period;, a temporary receipt printed upon self-initiated
  900  electronic renewal of a registration via the Internet;, or a cab
  901  card issued for a vehicle registered under the International
  902  Registration Plan must shall, at all times while the vehicle is
  903  being used or operated on the roads of this state, be in the
  904  possession of the operator thereof or be carried in the vehicle
  905  for which such documentation was issued at all times while the
  906  vehicle is being used or operated on the roads of this state and
  907  must shall be exhibited upon demand of any authorized law
  908  enforcement officer or any agent of the department, except for a
  909  vehicle registered under s. 320.0657. This paragraph section
  910  does not apply during the first 30 days after purchase of a
  911  replacement vehicle. A violation of this paragraph section is a
  912  noncriminal traffic infraction, punishable as a nonmoving
  913  violation as provided in chapter 318.
  914         (b)1. The act of presenting to a law enforcement officer or
  915  agent of the department an electronic device displaying an
  916  electronic registration certificate or a copy of rental or lease
  917  documentation does not constitute consent for the officer or
  918  agent to access any information on the device other than the
  919  displayed registration certificate or rental or lease
  920  documentation.
  921         2. The person who presents the device to the officer or
  922  agent assumes the liability for any resulting damage to the
  923  device.
  924         (2) Rental or lease documentation that is sufficient to
  925  satisfy the requirement in subsection (1) includes the
  926  following:
  927         (a) Date and time of rental;
  928         (b) Rental agreement number;
  929         (c) Rental vehicle identification number;
  930         (d) Rental vehicle license plate number and state of
  931  registration;
  932         (e) Vehicle’s make, model, and color;
  933         (f) Vehicle’s mileage; and
  934         (g) Authorized renter’s name.
  935         Section 13. Paragraphs (a) and (f) of subsection (8) of
  936  section 320.08056, Florida Statutes, as amended by section 7 of
  937  chapter 2020-181, Laws of Florida, are amended to read:
  938         320.08056 Specialty license plates.—
  939         (8)(a) The department must discontinue the issuance of an
  940  approved specialty license plate if the number of valid
  941  specialty plate registrations falls below 3,000, or in the case
  942  of an out-of-state college or university license plate, 4,000,
  943  for at least 12 consecutive months. The department shall mail a
  944  warning letter to the sponsoring organization following the
  945  first month in which the total number of valid specialty plate
  946  registrations is below 3,000, or in the case of an out-of-state
  947  college or university license plate, 4,000. This paragraph does
  948  not apply to in-state collegiate license plates established
  949  under s. 320.08058(3), license plates of institutions in and
  950  entities of the State University System, specialty license
  951  plates that have statutory eligibility limitations for purchase,
  952  specialty license plates for which annual use fees are
  953  distributed by a foundation for student and teacher leadership
  954  programs and teacher recruitment and retention, or Florida
  955  Professional Sports Team license plates established under s.
  956  320.08058(9).
  957         (f) Notwithstanding paragraph (a), on January 1 of each
  958  year, the department shall discontinue the specialty license
  959  plate with the fewest number of plates in circulation, including
  960  license plates exempt from a statutory sales requirement. The
  961  department shall mail a warning letter to the sponsoring
  962  organizations of the 10 percent of specialty license plates with
  963  the lowest number of valid, active registrations as of December
  964  1 of each year. This paragraph does not apply to collegiate
  965  license plates.
  966         Section 14. Subsections (3), (58), and (95), paragraph (c)
  967  of subsection (101), and subsection (107) of section 320.08058,
  968  Florida Statutes, are amended, and subsection (127) is added to
  969  that section, to read:
  970         320.08058 Specialty license plates.—
  971         (3) COLLEGIATE LICENSE PLATES.—
  972         (a) The department shall develop a collegiate license plate
  973  as provided in this section for state and independent
  974  universities domiciled in this state. However, any collegiate
  975  license plate created or established after October 1, 2002, must
  976  comply with the requirements of s. 320.08053, except the presale
  977  requirements in s. 320.08053(2)(b), and be specifically
  978  authorized by an act of the Legislature. Collegiate license
  979  plates must bear the colors and design approved by the
  980  department as appropriate for each state and independent
  981  university. The word “Florida” must be stamped across the bottom
  982  of the plate in small letters.
  983         (b) A collegiate plate annual use fee is to be distributed
  984  to the state or independent university foundation designated by
  985  the purchaser for deposit in an unrestricted account. The Board
  986  of Governors of the State University System shall require each
  987  state university to submit a plan for approval of the
  988  expenditure of all funds so designated. These funds may be used
  989  only for academic enhancement, including scholarships and
  990  private fundraising activities.
  991         (c) The department may reauthorize a collegiate license
  992  plate that has previously been discontinued pursuant to s.
  993  320.08056(8)(f) if the university resubmits the collegiate
  994  license plate for authorization.
  995         (58) PROTECT FLORIDA SPRINGS LICENSE PLATES.—
  996         (a) The department shall develop a Protect Florida Springs
  997  license plate as provided in this section. The word “Florida”
  998  must appear at the top of the plate, and the words “Protect
  999  Florida Springs” must appear at the bottom of the plate.
 1000         (b) The annual use fees shall be distributed to the Fish &
 1001  Wildlife Foundation of Florida, Inc., a citizen support
 1002  organization created pursuant to s. 379.223, which shall
 1003  administer the fees as follows:
 1004         1. Wildlife Foundation of Florida, Inc., shall retain the
 1005  first $60,000 of the annual use fees as direct reimbursement for
 1006  administrative costs, startup costs, and costs incurred in the
 1007  development and approval process.
 1008         2.Thereafter, A maximum of 10 percent of the fees may be
 1009  used for administrative costs directly associated with education
 1010  programs, conservation, springs research, and grant
 1011  administration of the foundation. A maximum of 15 percent of the
 1012  fees may be used for continuing promotion and marketing of the
 1013  license plate.
 1014         2.3. At least 75 55 percent of the fees shall be available
 1015  for the conservation of Florida’s freshwater springs, including
 1016  scientific research, springs habitat restoration, springs
 1017  protection, and public education on springs competitive grants
 1018  for targeted community-based springs research not currently
 1019  available for state funding. The remaining 20 percent shall be
 1020  directed toward community outreach programs aimed at
 1021  implementing such research findings. The majority of funds shall
 1022  be awarded via competitive grants shall be administered and
 1023  approved by the board of directors of the Fish & Wildlife
 1024  Foundation of Florida, Inc., with input from a. The granting
 1025  advisory committee shall be composed of nine members, including
 1026  one representative from the Fish and Wildlife Conservation
 1027  Commission, one representative from the Department of
 1028  Environmental Protection, one representative from the Department
 1029  of Health, one representative from the Department of Economic
 1030  Opportunity, three citizen representatives, and two
 1031  representatives from nonprofit stakeholder groups.
 1032         4. The remaining funds shall be distributed with the
 1033  approval of and accountability to the board of directors of the
 1034  Wildlife Foundation of Florida, and shall be used to support
 1035  activities contributing to education, outreach, and springs
 1036  conservation.
 1037         (95) AMERICAN EAGLE LICENSE PLATES.—
 1038         (a) The department shall develop an American Eagle license
 1039  plate as provided in this section and s. 320.08053. The plate
 1040  must bear the colors and design approved by the department. The
 1041  word “Florida” must appear at the top of the plate, and the
 1042  words “Protect the Eagle” “In God We Trust” must appear at the
 1043  bottom of the plate.
 1044         (b) The annual use fees from the sale of the plate shall be
 1045  distributed to the American Eagle Foundation for deposit in the
 1046  foundation’s national endowment fund. Up to 10 percent of the
 1047  funds received may be used for administrative costs and
 1048  marketing of the plate. The American Eagle Foundation shall use
 1049  the remainder of the proceeds to fund public education programs,
 1050  rescue and care programs, and other conservation efforts in
 1051  Florida that benefit bald eagles.
 1052         (101) DIVINE NINE LICENSE PLATES.—
 1053         (c)1. As used in this paragraph, the term “immediate
 1054  relative” means a spouse, domestic partner, or child.
 1055         2. To be eligible for issuance of a Divine Nine license
 1056  plate representing an organization listed in sub-subparagraphs
 1057  (b)3.a.-i., a person must be a resident of this state who is the
 1058  registered owner or lessee of a motor vehicle and who either is
 1059  a member or an immediate relative of a member of the applicable
 1060  organization. The person must also present the following:
 1061         a. Proof of membership in the organization, which may be
 1062  established by:
 1063         (I)a. A card distributed by the organization indicating the
 1064  person’s membership in the organization; or
 1065         (II)b. A written letter on the organization’s letterhead
 1066  which is signed by the organization’s national president or his
 1067  or her designated official and which states that the person was
 1068  inducted into the organization.
 1069         b.If the person is a lessee of a motor vehicle, a lease
 1070  agreement and the vehicle identification number for the motor
 1071  vehicle that is being leased.
 1072         c.If the person is an immediate relative of a member of
 1073  the organization, a marriage license, domestic partnership
 1074  agreement, birth certificate, or record of adoption, and proof
 1075  of membership as described in sub-subparagraph a. of the
 1076  person’s immediate relative.
 1077         3.2. Proof of membership in an organization listed in sub
 1078  subparagraphs (b)3.a.-i. is required only for initial issuance
 1079  of a Divine Nine license plate. A person need not present such
 1080  proof for renewal of the license plate.
 1081  
 1082  License plates created pursuant to this subsection shall have
 1083  their plate sales combined for the purpose of meeting the
 1084  minimum license plate sales threshold in s. 320.08056(8)(a) and
 1085  for determining the license plate limit in s. 320.08053(3)(b).
 1086  License plates created pursuant to this subsection must be
 1087  ordered directly from the department.
 1088         (107) UNIVERSAL ORLANDO RESORT GIVE KIDS THE WORLD LICENSE
 1089  PLATES.—
 1090         (a) The department shall develop a Universal Orlando Resort
 1091  Give Kids The World license plate as provided in this section
 1092  and s. 320.08053. The plate must bear the colors and design
 1093  approved by the department. The word “Florida” must appear at
 1094  the top of the plate, and the words “Universal Orlando Resort”
 1095  “Give Kids The World” must appear at the bottom of the plate.
 1096         (b) The annual use fees from the sale of the plate must
 1097  shall be distributed to Give Kids The World, Inc., a nonprofit
 1098  organization under s. 501(c)(3) of the Internal Revenue Code. Up
 1099  to 10 percent of the proceeds may be used for the promotion and
 1100  marketing of the plate. The remainder of the proceeds must shall
 1101  be used by Give Kids The World, Inc., to support the
 1102  organization’s mission their mission of providing week-long,
 1103  cost-free vacations to children with critical illnesses and
 1104  their families.
 1105         (127)FLORIDA ASSOCIATION OF REALTORS LICENSE PLATES.—
 1106         (a)The department shall develop a Florida Association of
 1107  Realtors license plate as provided in this section and s.
 1108  320.08053. The plate must bear the colors and design approved by
 1109  the department. The word “Florida” must appear at the top of the
 1110  plate, and the words “Support Homeownership” must appear at the
 1111  bottom of the plate.
 1112         (b)The annual use fees from the sale of the plate shall be
 1113  distributed to Homeownership For All, Inc., which may use up to
 1114  10 percent of the proceeds to promote and market the plate. The
 1115  remainder of the proceeds shall be used by Homeownership For
 1116  All, Inc., to fund programs that provide, promote, or otherwise
 1117  support affordable housing in this state.
 1118         Section 15. Subsection (1) of section 320.084, Florida
 1119  Statutes, is amended, and subsection (6) is added to that
 1120  section, to read:
 1121         320.084 Free motor vehicle license plate to certain
 1122  disabled veterans.—
 1123         (1) One free “DV” motor vehicle license number plate must
 1124  shall be issued by the department for use on any motor vehicle
 1125  owned or leased by any disabled veteran who has been a resident
 1126  of this state continuously for the preceding 5 years or has
 1127  established a domicile in this state as provided by s.
 1128  222.17(1), (2), or (3), and who has been honorably discharged
 1129  from the United States Armed Forces, upon application,
 1130  accompanied by proof that:
 1131         (a) A vehicle was initially acquired through financial
 1132  assistance by the United States Department of Veterans Affairs
 1133  or its predecessor specifically for the purchase of an
 1134  automobile;
 1135         (b) The applicant has been determined by the United States
 1136  Department of Veterans Affairs or its predecessor to have a
 1137  service-connected 100-percent disability rating for
 1138  compensation; or
 1139         (c) The applicant has been determined to have a service
 1140  connected disability rating of 100 percent and is in receipt of
 1141  disability retirement pay from any branch of the United States
 1142  Armed Services.
 1143         (6)(a)A disabled veteran who qualifies for issuance of a
 1144  “DV” license plate under subsection (1) may be issued, in lieu
 1145  of the “DV” license plate, a military license plate for which he
 1146  or she is eligible, or a specialty license plate. A disabled
 1147  veteran electing a military license plate or specialty license
 1148  plate under this subsection must pay all applicable fees related
 1149  to such license plate, except for fees otherwise waived under
 1150  subsections (1) and (4).
 1151         (b)A military license plate or specialty license plate
 1152  elected under this subsection:
 1153         1.Does not provide the protections or rights afforded by
 1154  s. 316.1955, s. 316.1964, s. 320.0848, s. 526.141, or s.
 1155  553.5041.
 1156         2.Is not eligible for the international symbol of
 1157  accessibility as described in s. 320.0842.
 1158         Section 16. Present subsections (16) through (48) of
 1159  section 322.01, Florida Statutes, are redesignated as
 1160  subsections (17) through (49), respectively, a new subsection
 1161  (16) is added to that section, and subsection (5) and present
 1162  subsections (37) and (41) of that section are amended, to read:
 1163         322.01 Definitions.—As used in this chapter:
 1164         (5) “Cancellation” means the act of declaring a driver
 1165  license void and terminated, but does not include a downgrade.
 1166         (16) “Downgrade” has the same meaning as the term “CDL
 1167  downgrade” as defined in 49 C.F.R. s. 383.5(4).
 1168         (38)(37) “Revocation” means the termination of a licensee’s
 1169  privilege to drive, but does not include a downgrade.
 1170         (42)(41) “Suspension” means the temporary withdrawal of a
 1171  licensee’s privilege to drive a motor vehicle, but does not
 1172  include a downgrade.
 1173         Section 17. Subsection (2) of section 322.02, Florida
 1174  Statutes, is amended to read:
 1175         322.02 Legislative intent; administration.—
 1176         (2) The Department of Highway Safety and Motor Vehicles is
 1177  charged with the administration and function of enforcement of
 1178  the provisions of this chapter and the enforcement and
 1179  administration of 49 C.F.R. parts 382-386 and 390-397.
 1180         Section 18. Present subsections (4) through (12) of section
 1181  322.05, Florida Statutes, are redesignated as subsections (5)
 1182  through (13), respectively, and a new subsection (4) is added to
 1183  that section, to read:
 1184         322.05 Persons not to be licensed.—The department may not
 1185  issue a license:
 1186         (4) To any person as a commercial motor vehicle operator
 1187  who is ineligible to operate a commercial motor vehicle pursuant
 1188  to 49 C.F.R. part 383.
 1189         Section 19. Subsection (3) of section 322.07, Florida
 1190  Statutes, is amended to read:
 1191         322.07 Instruction permits and temporary licenses.—
 1192         (3) Any person who, except for his or her lack of
 1193  instruction in operating a commercial motor vehicle, would
 1194  otherwise be qualified to obtain a commercial driver license
 1195  under this chapter, may apply for a temporary commercial
 1196  instruction permit. The department shall issue such a permit
 1197  entitling the applicant, while having the permit in his or her
 1198  immediate possession, to drive a commercial motor vehicle on the
 1199  highways, if:
 1200         (a) The applicant possesses a valid Florida driver license;
 1201  and
 1202         (b) The applicant, while operating a commercial motor
 1203  vehicle, is accompanied by a licensed driver who is 21 years of
 1204  age or older, who is licensed to operate the class of vehicle
 1205  being operated, and who is occupying the closest seat to the
 1206  right of the driver; and
 1207         (c) The department has not been notified that, under 49
 1208  C.F.R. s. 382.501(a), the applicant is prohibited from operating
 1209  a commercial motor vehicle.
 1210         Section 20. Effective January 1, 2024, subsection (3) of
 1211  section 322.141, Florida Statutes, is amended to read:
 1212         322.141 Color or markings of certain licenses or
 1213  identification cards.—
 1214         (3) All licenses for the operation of motor vehicles or
 1215  identification cards originally issued or reissued by the
 1216  department to persons who are designated as sexual predators
 1217  under s. 775.21 or subject to registration as sexual offenders
 1218  under s. 943.0435 or s. 944.607, or who have a similar
 1219  designation or are subject to a similar registration under the
 1220  laws of another jurisdiction, must shall have on the front of
 1221  the license or identification card, in a distinctive format and
 1222  printed in the color red, all of the following information:
 1223         (a) For a person designated as a sexual predator under s.
 1224  775.21 or who has a similar designation under the laws of
 1225  another jurisdiction, the marking “SEXUAL PREDATOR.”
 1226         (b) For a person subject to registration as a sexual
 1227  offender under s. 943.0435 or s. 944.607, or subject to a
 1228  similar registration under the laws of another jurisdiction, the
 1229  marking “943.0435, F.S.”
 1230         Section 21. Subsection (4) of section 322.142, Florida
 1231  Statutes, is amended to read:
 1232         322.142 Color photographic or digital imaged licenses.—
 1233         (4) The department may maintain a film negative or print
 1234  file. The department shall maintain a record of the digital
 1235  image and signature of the licensees, together with other data
 1236  required by the department for identification and retrieval.
 1237  Reproductions from the file or digital record are exempt from
 1238  the provisions of s. 119.07(1) and may be made and issued only
 1239  in the following circumstances:
 1240         (a) For departmental administrative purposes.;
 1241         (b) For the issuance of duplicate licenses.;
 1242         (c) In response to law enforcement agency requests.;
 1243         (d) To the Department of Business and Professional
 1244  Regulation and the Department of Health pursuant to an
 1245  interagency agreement for the purpose of accessing digital
 1246  images for reproduction of licenses issued by the Department of
 1247  Business and Professional Regulation or the Department of
 1248  Health.;
 1249         (e) To the Department of State pursuant to an interagency
 1250  agreement to facilitate determinations of eligibility of voter
 1251  registration applicants and registered voters in accordance with
 1252  ss. 98.045 and 98.075.;
 1253         (f) To the Department of Revenue pursuant to an interagency
 1254  agreement for use in establishing paternity and establishing,
 1255  modifying, or enforcing support obligations in Title IV-D
 1256  cases.;
 1257         (g) To the Department of Children and Families pursuant to
 1258  an interagency agreement to conduct protective investigations
 1259  under part III of chapter 39 and chapter 415.;
 1260         (h) To the Department of Children and Families pursuant to
 1261  an interagency agreement specifying the number of employees in
 1262  each of that department’s regions to be granted access to the
 1263  records for use as verification of identity to expedite the
 1264  determination of eligibility for public assistance and for use
 1265  in public assistance fraud investigations.;
 1266         (i) To the Agency for Health Care Administration pursuant
 1267  to an interagency agreement for the purpose of authorized
 1268  agencies verifying photographs in the Care Provider Background
 1269  Screening Clearinghouse authorized under s. 435.12.;
 1270         (j) To the Department of Financial Services pursuant to an
 1271  interagency agreement to facilitate the location of owners of
 1272  unclaimed property, the validation of unclaimed property claims,
 1273  the identification of fraudulent or false claims, and the
 1274  investigation of allegations of violations of the insurance code
 1275  by licensees and unlicensed persons.;
 1276         (k) To the Department of Economic Opportunity pursuant to
 1277  an interagency agreement to facilitate the validation of
 1278  reemployment assistance claims and the identification of
 1279  fraudulent or false reemployment assistance claims.;
 1280         (l) To district medical examiners pursuant to an
 1281  interagency agreement for the purpose of identifying a deceased
 1282  individual, determining cause of death, and notifying next of
 1283  kin of any investigations, including autopsies and other
 1284  laboratory examinations, authorized in s. 406.11.;
 1285         (m) To the following persons for the purpose of identifying
 1286  a person as part of the official work of a court:
 1287         1. A justice or judge of this state;
 1288         2. An employee of the state courts system who works in a
 1289  position that is designated in writing for access by the Chief
 1290  Justice of the Supreme Court or a chief judge of a district or
 1291  circuit court, or by his or her designee; or
 1292         3. A government employee who performs functions on behalf
 1293  of the state courts system in a position that is designated in
 1294  writing for access by the Chief Justice or a chief judge, or by
 1295  his or her designee.; or
 1296         (n) To the Agency for Health Care Administration pursuant
 1297  to an interagency agreement to prevent health care fraud. If the
 1298  Agency for Health Care Administration enters into an agreement
 1299  with a private entity to carry out duties relating to health
 1300  care fraud prevention, such contracts must shall include, but
 1301  need not be limited to:
 1302         1. Provisions requiring internal controls and audit
 1303  processes to identify access, use, and unauthorized access of
 1304  information.
 1305         2. A requirement to report unauthorized access or use to
 1306  the Agency for Health Care Administration within 1 business day
 1307  after the discovery of the unauthorized access or use.
 1308         3. Provisions for liquidated damages for unauthorized
 1309  access or use of no less than $5,000 per occurrence.
 1310         (o) To any criminal justice agency, as defined in s.
 1311  943.045, pursuant to an interagency agreement for use in
 1312  carrying out the criminal justice agency’s functions.
 1313         (p) To the driver licensing agency of any other state for
 1314  purposes of validating the identity of an applicant for a driver
 1315  license or identification card.
 1316         Section 22. Subsection (8) and paragraph (a) of subsection
 1317  (9) of section 322.21, Florida Statutes, are amended to read:
 1318         322.21 License fees; procedure for handling and collecting
 1319  fees.—
 1320         (8) A person who applies for reinstatement following the
 1321  suspension or revocation of the person’s driver license must pay
 1322  a service fee of $45 following a suspension, and $75 following a
 1323  revocation, which is in addition to the fee for a license. A
 1324  person who applies for reinstatement of a commercial driver
 1325  license following the disqualification or downgrade of the
 1326  person’s privilege to operate a commercial motor vehicle must
 1327  shall pay a service fee of $75, which is in addition to the fee
 1328  for a license. The department shall collect all of these fees at
 1329  the time of reinstatement. The department shall issue proper
 1330  receipts for such fees and shall promptly transmit all funds
 1331  received by it as follows:
 1332         (a) Of the $45 fee received from a licensee for
 1333  reinstatement following a suspension:
 1334         1. If the reinstatement is processed by the department, the
 1335  department must shall deposit $15 in the General Revenue Fund
 1336  and $30 in the Highway Safety Operating Trust Fund.
 1337         2. If the reinstatement is processed by the tax collector,
 1338  $15, less the general revenue service charge set forth in s.
 1339  215.20(1), must shall be retained by the tax collector, $15 must
 1340  shall be deposited into the Highway Safety Operating Trust Fund,
 1341  and $15 must shall be deposited into the General Revenue Fund.
 1342         (b) Of the $75 fee received from a licensee for
 1343  reinstatement following a revocation, or disqualification, or
 1344  downgrade:
 1345         1. If the reinstatement is processed by the department, the
 1346  department must shall deposit $35 in the General Revenue Fund
 1347  and $40 in the Highway Safety Operating Trust Fund.
 1348         2. If the reinstatement is processed by the tax collector,
 1349  $20, less the general revenue service charge set forth in s.
 1350  215.20(1), must shall be retained by the tax collector, $20 must
 1351  shall be deposited into the Highway Safety Operating Trust Fund,
 1352  and $35 must shall be deposited into the General Revenue Fund.
 1353  
 1354  If the revocation or suspension of the driver license was for a
 1355  violation of s. 316.193, or for refusal to submit to a lawful
 1356  breath, blood, or urine test, an additional fee of $130 must be
 1357  charged. However, only one $130 fee may be collected from one
 1358  person convicted of violations arising out of the same incident.
 1359  The department shall collect the $130 fee and deposit the fee
 1360  into the Highway Safety Operating Trust Fund at the time of
 1361  reinstatement of the person’s driver license, but the fee may
 1362  not be collected if the suspension or revocation is overturned.
 1363  If the revocation or suspension of the driver license was for a
 1364  conviction for a violation of s. 817.234(8) or (9) or s.
 1365  817.505, an additional fee of $180 is imposed for each offense.
 1366  The department shall collect and deposit the additional fee into
 1367  the Highway Safety Operating Trust Fund at the time of
 1368  reinstatement of the person’s driver license.
 1369         (9) An applicant:
 1370         (a) Requesting a review authorized in s. 322.222, s.
 1371  322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must
 1372  pay a filing fee of $25 to be deposited into the Highway Safety
 1373  Operating Trust Fund.
 1374         Section 23. Section 322.591, Florida Statutes, is created
 1375  to read:
 1376         322.591 Commercial driver license and commercial
 1377  instruction permit; Commercial Driver’s License Drug and Alcohol
 1378  Clearinghouse; prohibition on issuance of commercial driver
 1379  licenses; downgrades.—
 1380         (1) Beginning November 18, 2024, when a person applies for
 1381  or seeks to renew, transfer, or make any other change to a
 1382  commercial driver license or commercial instruction permit, the
 1383  department must obtain the driver’s record from the Commercial
 1384  Driver’s License Drug and Alcohol Clearinghouse established
 1385  pursuant to 49 C.F.R. part 382. The department may not issue,
 1386  renew, transfer, or revise the types of authorized vehicles that
 1387  may be operated or the endorsements applicable to a commercial
 1388  driver license or commercial instruction permit for any person
 1389  for whom the department receives notification pursuant to 49
 1390  C.F.R. s. 382.501(a) that the person is prohibited from
 1391  operating a commercial vehicle.
 1392         (2) Beginning November 18, 2024, the department shall
 1393  downgrade the commercial driver license or commercial
 1394  instruction permit of any driver if the department receives
 1395  notification that, pursuant to 49 C.F.R. s. 382.501(a), the
 1396  driver is prohibited from operating a commercial motor vehicle.
 1397  Any such downgrade must be completed and recorded by the
 1398  department in the Commercial Driver’s License Information System
 1399  within 60 days after the department’s receipt of such
 1400  notification.
 1401         (3)(a) Beginning November 18, 2024, upon receipt of
 1402  notification pursuant to 49 C.F.R. s. 382.501(a) that a driver
 1403  is prohibited from operating a commercial motor vehicle, the
 1404  department shall immediately notify the driver who is the
 1405  subject of such notification that he or she is prohibited from
 1406  operating a commercial motor vehicle and, upon his or her
 1407  request, must afford him or her an opportunity for an informal
 1408  hearing pursuant to this section. The department’s notice must
 1409  be provided to the driver in the same manner as, and providing
 1410  such notice has the same effect as, notices provided pursuant to
 1411  s. 322.251(1) and (2).
 1412         (b) Such informal hearing must be requested not later than
 1413  20 days after the driver receives the notice of the downgrade.
 1414  If a request for a hearing, together with the filing fee
 1415  required pursuant to s. 322.21, is not received within 20 days
 1416  after receipt of such notice, the department must enter a final
 1417  order directing the downgrade of the driver’s commercial driver
 1418  license or commercial instruction permit, unless the department
 1419  receives notification pursuant to 49 C.F.R. s. 382.503(a) that
 1420  the driver is no longer prohibited from operating a commercial
 1421  motor vehicle.
 1422         (c) A hearing requested pursuant to paragraph (b) must be
 1423  scheduled and held not later than 30 days after receipt by the
 1424  department of a request for the hearing, together with the
 1425  filing fee required pursuant to s. 322.21. The submission of a
 1426  request for hearing pursuant to paragraph (b) tolls the deadline
 1427  to file a petition for writ of certiorari pursuant to s. 322.31
 1428  until after the department enters a final order after a hearing
 1429  pursuant to paragraph (b).
 1430         (d) The informal hearing authorized pursuant to this
 1431  subsection is exempt from chapter 120. Such hearing must be
 1432  conducted before a hearing officer designated by the department.
 1433  The hearing officer may conduct such hearing from any location
 1434  in this state by means of communications technology.
 1435         (e) The notification received by the department pursuant to
 1436  49 C.F.R. s. 382.501(a) must be in the record for consideration
 1437  by the hearing officer and in any proceeding pursuant to s.
 1438  322.31 and is considered self-authenticating. The basis for the
 1439  notification received by the department pursuant to 49 C.F.R. s.
 1440  382.501(a) and the information in the Commercial Driver’s
 1441  License Drug and Alcohol Clearinghouse which resulted in such
 1442  notification are not subject to challenge in the hearing or in
 1443  any proceeding brought under s. 322.31.
 1444         (f) If, before the entry of a final order arising from a
 1445  notification received by the department pursuant to 49 C.F.R. s.
 1446  382.501(a), the department receives notification pursuant to 49
 1447  C.F.R. s. 382.503(a) that the driver is no longer prohibited
 1448  from operating a commercial motor vehicle, the department must
 1449  dismiss the action to downgrade the driver’s commercial driver
 1450  license or commercial instruction permit.
 1451         (g) Upon the entry of a final order that results in the
 1452  downgrade of a driver’s commercial driver license or commercial
 1453  instruction permit, the department shall record immediately in
 1454  the driver’s record that the driver is disqualified from
 1455  operating or driving a commercial motor vehicle. The downgrade
 1456  of a commercial driver license or commercial instruction permit
 1457  pursuant to a final order entered pursuant to this section, and,
 1458  upon the entry of a final order, the recording in the driver’s
 1459  record that the driver subject to such a final order is
 1460  disqualified from operating or driving a commercial motor
 1461  vehicle, are not stayed during the pendency of any proceeding
 1462  pursuant to s. 322.31.
 1463         (h) If, after the entry of a final order that results in
 1464  the downgrade of a driver’s commercial driver license or
 1465  commercial instruction permit and the department recording in
 1466  the driver’s record that the driver is disqualified from
 1467  operating or driving a commercial motor vehicle, the department
 1468  receives notification pursuant to 49 C.F.R. s. 382.503(a) that
 1469  the driver is no longer prohibited from operating a commercial
 1470  motor vehicle, the department must reinstate the driver’s
 1471  commercial driver license or commercial instruction permit upon
 1472  application by such driver.
 1473         (i) The department is not liable for any commercial driver
 1474  license or commercial instruction permit downgrade resulting
 1475  from the discharge of its duties.
 1476         (j) This section is the exclusive procedure for the
 1477  downgrade of a commercial driver license or commercial
 1478  instruction permit following notification received by the
 1479  department that, pursuant to 49 C.F.R. s. 382.501(a), a driver
 1480  is prohibited from operating a commercial motor vehicle.
 1481         (k) The downgrade of a commercial driver license or
 1482  commercial instruction permit of a person pursuant to this
 1483  section does not preclude the suspension of the driving
 1484  privilege for that person pursuant to s. 322.2615 or the
 1485  disqualification of that person from operating a commercial
 1486  motor vehicle pursuant to s. 322.64. The driving privilege of a
 1487  person whose commercial driver license or commercial instruction
 1488  permit has been downgraded pursuant to this section also may be
 1489  suspended for a violation of s. 316.193.
 1490         (4) Beginning November 18, 2024, a driver for whom the
 1491  department receives notification that, pursuant to 49 C.F.R. s.
 1492  382.501(a), such person is prohibited from operating a
 1493  commercial motor vehicle may, if otherwise qualified, be issued
 1494  a Class E driver license pursuant to s. 322.251(4), valid for
 1495  the length of his or her unexpired license period, at no cost.
 1496         Section 24. Subsection (2) of section 322.34, Florida
 1497  Statutes, is amended to read:
 1498         322.34 Driving while license suspended, revoked, canceled,
 1499  or disqualified.—
 1500         (2) Any person whose driver license or driving privilege
 1501  has been canceled, suspended, or revoked as provided by law, or
 1502  who does not have a driver license or driving privilege but is
 1503  under suspension or revocation equivalent status as defined in
 1504  s. 322.01 s. 322.01(42), except persons defined in s. 322.264,
 1505  who, knowing of such cancellation, suspension, revocation, or
 1506  suspension or revocation equivalent status, drives any motor
 1507  vehicle upon the highways of this state while such license or
 1508  privilege is canceled, suspended, or revoked, or while under
 1509  suspension or revocation equivalent status, commits:
 1510         (a) A misdemeanor of the second degree, punishable as
 1511  provided in s. 775.082 or s. 775.083.
 1512         (b)1. A misdemeanor of the first degree, punishable as
 1513  provided in s. 775.082 or s. 775.083, upon a second or
 1514  subsequent conviction, except as provided in paragraph (c).
 1515         2. A person convicted of a third or subsequent conviction,
 1516  except as provided in paragraph (c), must serve a minimum of 10
 1517  days in jail.
 1518         (c) A felony of the third degree, punishable as provided in
 1519  s. 775.082, s. 775.083, or s. 775.084, upon a third or
 1520  subsequent conviction if the current violation of this section
 1521  or the most recent prior violation of the section is related to
 1522  driving while license canceled, suspended, revoked, or
 1523  suspension or revocation equivalent status resulting from a
 1524  violation of:
 1525         1. Driving under the influence;
 1526         2. Refusal to submit to a urine, breath-alcohol, or blood
 1527  alcohol test;
 1528         3. A traffic offense causing death or serious bodily
 1529  injury; or
 1530         4. Fleeing or eluding.
 1531  
 1532  The element of knowledge is satisfied if the person has been
 1533  previously cited as provided in subsection (1); or the person
 1534  admits to knowledge of the cancellation, suspension, or
 1535  revocation, or suspension or revocation equivalent status; or
 1536  the person received notice as provided in subsection (4). There
 1537  is shall be a rebuttable presumption that the knowledge
 1538  requirement is satisfied if a judgment or order as provided in
 1539  subsection (4) appears in the department’s records for any case
 1540  except for one involving a suspension by the department for
 1541  failure to pay a traffic fine or for a financial responsibility
 1542  violation.
 1543         Section 25. Subsection (4) of section 322.61, Florida
 1544  Statutes, is amended to read:
 1545         322.61 Disqualification from operating a commercial motor
 1546  vehicle.—
 1547         (4) Any person who is transporting hazardous materials as
 1548  defined in s. 322.01 s. 322.01(24) shall, upon conviction of an
 1549  offense specified in subsection (3), is be disqualified from
 1550  operating a commercial motor vehicle for a period of 3 years.
 1551  The penalty provided in this subsection is shall be in addition
 1552  to any other applicable penalty.
 1553         Section 26. Subsection (3) of section 324.0221, Florida
 1554  Statutes, is amended to read:
 1555         324.0221 Reports by insurers to the department; suspension
 1556  of driver license and vehicle registrations; reinstatement.—
 1557         (3) An operator or owner whose driver license or
 1558  registration has been suspended under this section or s. 316.646
 1559  may effect its reinstatement upon compliance with the
 1560  requirements of this section and upon payment to the department
 1561  of a nonrefundable reinstatement fee of $150 for the first
 1562  reinstatement. The reinstatement fee is $250 for the second
 1563  reinstatement and $500 for each subsequent reinstatement during
 1564  the 3 years following the first reinstatement. A person
 1565  reinstating her or his insurance under this subsection must also
 1566  secure noncancelable coverage as described in ss. 324.021(8),
 1567  324.023, and 627.7275(2) and present to the appropriate person
 1568  proof that the coverage is in force on a form adopted by the
 1569  department, and such proof must shall be maintained for 2 years.
 1570  If the person does not have a second reinstatement within 3
 1571  years after her or his initial reinstatement, the reinstatement
 1572  fee is $150 for the first reinstatement after that 3-year
 1573  period. If a person’s license and registration are suspended
 1574  under this section or s. 316.646, only one reinstatement fee
 1575  must be paid to reinstate the license and the registration. All
 1576  fees must shall be collected by the department at the time of
 1577  reinstatement. The department shall issue proper receipts for
 1578  such fees and shall promptly deposit those fees in the Highway
 1579  Safety Operating Trust Fund. One-third of the fees collected
 1580  under this subsection must shall be distributed from the Highway
 1581  Safety Operating Trust Fund to the local governmental entity or
 1582  state agency that employed the law enforcement officer seizing
 1583  the license plate pursuant to s. 324.201. The funds may be used
 1584  by the local governmental entity or state agency for any
 1585  authorized purpose.
 1586         Section 27. Section 324.131, Florida Statutes, is amended
 1587  to read:
 1588         324.131 Period of suspension.—Such license, registration
 1589  and nonresident’s operating privilege must shall remain so
 1590  suspended and may shall not be renewed, nor may shall any such
 1591  license or registration be thereafter issued in the name of such
 1592  person, including any such person not previously licensed,
 1593  unless and until every such judgment is stayed, satisfied in
 1594  full or to the extent of the limits stated in s. 324.021(7) and
 1595  until the said person gives proof of financial responsibility as
 1596  provided in s. 324.031, such proof to be maintained for 3 years.
 1597  In addition, if the person’s license or registration has been
 1598  suspended or revoked due to a violation of s. 316.193 or
 1599  pursuant to s. 322.26(2), that person must shall maintain
 1600  noncancelable liability coverage for each motor vehicle
 1601  registered in his or her name, as described in s. 627.7275(2),
 1602  and must present proof that coverage is in force on a form
 1603  adopted by the Department of Highway Safety and Motor Vehicles,
 1604  such proof to be maintained for 3 years.
 1605         Section 28. Paragraph (g) of subsection (3) of section
 1606  627.311, Florida Statutes, is amended to read:
 1607         627.311 Joint underwriters and joint reinsurers; public
 1608  records and public meetings exemptions.—
 1609         (3) The office may, after consultation with insurers
 1610  licensed to write automobile insurance in this state, approve a
 1611  joint underwriting plan for purposes of equitable apportionment
 1612  or sharing among insurers of automobile liability insurance and
 1613  other motor vehicle insurance, as an alternate to the plan
 1614  required in s. 627.351(1). All insurers authorized to write
 1615  automobile insurance in this state shall subscribe to the plan
 1616  and participate therein. The plan is shall be subject to
 1617  continuous review by the office which may at any time disapprove
 1618  the entire plan or any part thereof if it determines that
 1619  conditions have changed since prior approval and that in view of
 1620  the purposes of the plan changes are warranted. Any disapproval
 1621  by the office is shall be subject to the provisions of chapter
 1622  120. The Florida Automobile Joint Underwriting Association is
 1623  created under the plan. The plan and the association:
 1624         (g) Must make available noncancelable coverage as provided
 1625  in s. 627.7275(2).
 1626         Section 29. Subsection (1) of section 627.351, Florida
 1627  Statutes, is amended to read:
 1628         627.351 Insurance risk apportionment plans.—
 1629         (1) MOTOR VEHICLE INSURANCE RISK APPORTIONMENT.—Agreements
 1630  may be made among casualty and surety insurers with respect to
 1631  the equitable apportionment among them of insurance that which
 1632  may be afforded applicants who are in good faith entitled to,
 1633  but are unable to, procure such insurance through ordinary
 1634  methods, and such insurers may agree among themselves on the use
 1635  of reasonable rate modifications for such insurance. Such
 1636  agreements and rate modifications are shall be subject to the
 1637  approval of the office. The office shall, after consultation
 1638  with the insurers licensed to write automobile liability
 1639  insurance in this state, adopt a reasonable plan or plans for
 1640  the equitable apportionment among such insurers of applicants
 1641  for such insurance who are in good faith entitled to, but are
 1642  unable to, procure such insurance through ordinary methods, and,
 1643  when such plan has been adopted, all such insurers shall
 1644  subscribe to and participate in the plan thereto and shall
 1645  participate therein. Such plan or plans shall include rules for
 1646  classification of risks and rates therefor. The plan or plans
 1647  shall make available noncancelable coverage as provided in s.
 1648  627.7275(2). Any insured placed with the plan must shall be
 1649  notified of the fact that insurance coverage is being afforded
 1650  through the plan and not through the private market, and such
 1651  notification must shall be given in writing within 10 days of
 1652  such placement. To assure that plan rates are made adequate to
 1653  pay claims and expenses, insurers shall develop a means of
 1654  obtaining loss and expense experience at least annually, and the
 1655  plan shall file such experience, when available, with the office
 1656  in sufficient detail to make a determination of rate adequacy.
 1657  Prior to the filing of such experience with the office, the plan
 1658  shall poll each member insurer as to the need for an actuary who
 1659  is a member of the Casualty Actuarial Society and who is not
 1660  affiliated with the plan’s statistical agent to certify the
 1661  plan’s rate adequacy. If a majority of those insurers responding
 1662  indicate a need for such certification, the plan must shall
 1663  include the certification as part of its experience filing. Such
 1664  experience shall be filed with the office not more than 9 months
 1665  following the end of the annual statistical period under review,
 1666  together with a rate filing based on such said experience. The
 1667  office shall initiate proceedings to disapprove the rate and so
 1668  notify the plan or shall finalize its review within 60 days
 1669  after of receipt of the filing. Notification to the plan by the
 1670  office of its preliminary findings, which include a point of
 1671  entry to the plan pursuant to chapter 120, tolls shall toll the
 1672  60-day period during any such proceedings and subsequent
 1673  judicial review. The rate is shall be deemed approved if the
 1674  office does not issue notice to the plan of its preliminary
 1675  findings within 60 days after of the filing. In addition to
 1676  provisions for claims and expenses, the ratemaking formula must
 1677  shall include a factor for projected claims trending and 5
 1678  percent for contingencies. In no instance shall The formula may
 1679  not include a renewal discount for plan insureds. However, the
 1680  plan shall reunderwrite each insured on an annual basis, based
 1681  upon all applicable rating factors approved by the office. Trend
 1682  factors may shall not be found to be inappropriate if they are
 1683  not in excess of trend factors normally used in the development
 1684  of residual market rates by the appropriate licensed rating
 1685  organization. Each application for coverage in the plan must
 1686  shall include, in boldfaced 12-point type immediately preceding
 1687  the applicant’s signature, the following statement:
 1688  
 1689         THIS INSURANCE IS BEING AFFORDED THROUGH THE FLORIDA
 1690         JOINT UNDERWRITING ASSOCIATION AND NOT THROUGH THE
 1691         PRIVATE MARKET. PLEASE BE ADVISED THAT COVERAGE WITH A
 1692         PRIVATE INSURER MAY BE AVAILABLE FROM ANOTHER AGENT AT
 1693         A LOWER COST. AGENT AND COMPANY LISTINGS ARE AVAILABLE
 1694         IN THE LOCAL YELLOW PAGES.
 1695  
 1696  The plan shall annually report to the office the number and
 1697  percentage of plan insureds who are not surcharged due to their
 1698  driving record.
 1699         Section 30. Paragraph (b) of subsection (2) of section
 1700  627.7275, Florida Statutes, is amended to read:
 1701         627.7275 Motor vehicle liability.—
 1702         (2)
 1703         (b) The policies described in paragraph (a) must shall be
 1704  issued for at least 6 months and, as to the minimum coverages
 1705  required under this section, may not be canceled by the insured
 1706  for any reason or by the insurer after 60 days, during which
 1707  period the insurer is completing the underwriting of the policy.
 1708  After the insurer has issued completed underwriting the policy,
 1709  the insurer shall notify the Department of Highway Safety and
 1710  Motor Vehicles that the policy is in full force and effect and
 1711  is not cancelable for the remainder of the policy period. A
 1712  premium shall be collected and the coverage is in effect for the
 1713  60-day period during which the insurer is completing the
 1714  underwriting of the policy whether or not the person’s driver
 1715  license, motor vehicle tag, and motor vehicle registration are
 1716  in effect. Once the noncancelable provisions of the policy
 1717  becomes become effective, the coverages for bodily injury,
 1718  property damage, and personal injury protection may not be
 1719  reduced during the policy period below the minimum limits
 1720  required under s. 324.021 or s. 324.023 during the policy
 1721  period.
 1722         Section 31. Except as otherwise expressly provided in this
 1723  act, this act shall take effect July 1, 2023.