Bill Amendment: FL S1500 | 2021 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Transportation
Status: 2021-04-30 - Died in Appropriations Subcommittee on Transportation, Tourism, and Economic Development, companion bill(s) passed, see HB 1359 (Ch. 2021-237), CS/SB 1126 (Ch. 2021-186), SB 1134 (Ch. 2021-187), CS/CS/CS/SB 1194 (Ch. 2021-188) [S1500 Detail]
Download: Florida-2021-S1500-Senate_Committee_Amendment_936070.html
Bill Title: Transportation
Status: 2021-04-30 - Died in Appropriations Subcommittee on Transportation, Tourism, and Economic Development, companion bill(s) passed, see HB 1359 (Ch. 2021-237), CS/SB 1126 (Ch. 2021-186), SB 1134 (Ch. 2021-187), CS/CS/CS/SB 1194 (Ch. 2021-188) [S1500 Detail]
Download: Florida-2021-S1500-Senate_Committee_Amendment_936070.html
Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 1500 Ì936070ÄÎ936070 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Harrell) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (b) of subsection (1) of section 6 316.126, Florida Statutes, is amended, and subsection (6) of 7 that section is reenacted, to read: 8 316.126 Operation of vehicles and actions of pedestrians on 9 approach of an authorized emergency, sanitation, or utility 10 service vehicle.— 11 (1) 12 (b) If an authorized emergency vehicle displaying any 13 visual signals is parked on the roadside, a sanitation vehicle 14 is performing a task related to the provision of sanitation 15 services on the roadside, a utility service vehicle is 16 performing a task related to the provision of utility services 17 on the roadside,ora wrecker displaying amber rotating or 18 flashing lights is performing a recovery or loading on the 19 roadside, or a road and bridge maintenance or construction 20 vehicle displaying warning lights is on the roadside without 21 advance signs and channelizing devices, the driver of every 22 other vehicle, as soon as it is safe: 23 1. Shall vacate the lane closest to the emergency vehicle, 24 sanitation vehicle, utility service vehicle,orwrecker, or road 25 and bridge maintenance or construction vehicle when driving on 26 an interstate highway or other highway with two or more lanes 27 traveling in the direction of the emergency vehicle, sanitation 28 vehicle, utility service vehicle,orwrecker, or road and bridge 29 maintenance or construction vehicle except when otherwise 30 directed by a law enforcement officer. If such movement cannot 31 be safely accomplished, the driver shall reduce speed as 32 provided in subparagraph 2. 33 2. Shall slow to a speed that is 20 miles per hour less 34 than the posted speed limit when the posted speed limit is 25 35 miles per hour or greater; or travel at 5 miles per hour when 36 the posted speed limit is 20 miles per hour or less, when 37 driving on a two-lane road, except when otherwise directed by a 38 law enforcement officer. 39 (6) A violation of this section is a noncriminal traffic 40 infraction, punishable pursuant to chapter 318 as either a 41 moving violation for infractions of subsection (1) or subsection 42 (3), or as a pedestrian violation for infractions of subsection 43 (2). 44 Section 2. Section 316.3045, Florida Statutes, is amended 45 to read: 46 316.3045 Operation of radios or other mechanical 47 soundmaking devices or instruments in vehicles; exemptions.— 48 (1) AIt is unlawful for anyperson who operates or 49 occupiesoperating or occupyinga motor vehicle on a street or 50 highway may nottooperate or amplify the sound produced by a 51 radio, tape player, or other mechanical soundmaking device or 52 instrument from within the motor vehicle so that the sound is:53(a)plainly audible at a distance of 25 feet or more from 54 the motor vehicle; or55(b) Louder than necessary for the convenient hearing by56persons inside the vehicle in areas adjoining churches, schools,57or hospitals. 58 (2)The provisions ofThis section doesshallnot apply to 59 any law enforcement motor vehicle equipped with any 60 communication device necessary in the performance of law 61 enforcement duties or to any emergency vehicle equipped with any 62 communication device necessary in the performance of any 63 emergency procedures. 64 (3) This section doesThe provisions of this section do not65apply to motor vehicles used for business or political purposes,66which in the normal course of conducting such business use67soundmaking devices. The provisionsof this subsectionshallnot 68be deemed toprevent local authorities, with respect to streets 69 and highways under their jurisdiction and within the reasonable 70 exercise of the police power, from regulating the time, place, 71 and manner in which a device or an instrument described in 72 subsection (1)such businessmay be operated. 73 (4)The provisions ofThis section doesdonot apply to the 74 noise made by a horn or other warning device required or 75 permitted by s. 316.271. The Department of Highway Safety and 76 Motor Vehicles shall adoptpromulgaterules defining “plainly 77 audible” and shall establish standards regarding how sound 78 should be measured by law enforcement personnel who enforce the 79 provisions of this section. 80 (5) A violation of this section is a noncriminal traffic 81 infraction, punishable as a nonmoving violation as provided in 82 chapter 318. 83 Section 3. Subsection (5) of section 316.305, Florida 84 Statutes, is amended to read: 85 316.305 Wireless communications devices; prohibition.— 86 (5) When a law enforcement officer issues a citation for a 87 violation of this section, the law enforcement officer must 88 record the race and ethnicity of the violator. All law 89 enforcement agencies must maintain such information and report 90 the information to the department in a form and manner 91 determined by the department.Beginning February 1, 2020,The 92 department shall annually report the data collected under this 93 subsection to the Governor, the President of the Senate, and the 94 Speaker of the House of Representatives. The data collected must 95 be reported at least by statewide totals for local law 96 enforcement agencies, state law enforcement agencies, and state 97 university law enforcement agencies. The statewide total for 98 local law enforcement agencies shall combine the data for the 99 county sheriffs and the municipal law enforcement agencies. 100 Section 4. Section 316.70, Florida Statutes, is amended to 101 read: 102 316.70 Nonpublic sector buses; safety rules.— 103 (1) All owners and drivers of nonpublic sector buses 104 operated on the public highways of this state are subject to the 105 rules and regulationsThe Department of Transportation shall106establish and revise standards to ensure the safe operation of107nonpublic sector buses, which standards shall be thosecontained 108 in 49 C.F.R. parts 382, 385, and 390-397 to ensureand which109shall be directed toward ensuringthat: 110 (a) Nonpublic sector buses are safely maintained, equipped, 111 and operated. 112 (b) Nonpublic sector buses are carrying the insurance 113 required by law and carrying liability insurance on the checked 114 baggage of passengers not to exceed the standard adopted by the 115 United States Department of Transportation. 116 (c) Florida license tags are purchased for nonpublic sector 117 buses pursuant to s. 320.38. 118(d) The driving records of drivers of nonpublic sector119buses are checked by their employers at least once each year to120ascertain whether the driver has a suspended or revoked driver121license.122 (2) Department of Highway Safety and Motor Vehicles 123Transportationpersonnel may conduct compliance reviews for the 124 purpose of determining compliance with this section. A civil 125 penaltynot to exceed $5,000 in the aggregatemay be assessed 126 against any person who violates any provision of this section or 127 who violates any rule or order of the department found during a 128 compliance review as provided in s. 316.3025. Aof129Transportation. A civil penalty not to exceed $25,000 in the130aggregate may be assessed for violations found in a followup131compliance review conducted within a 24-month period. A civil132penalty not to exceed $25,000 in the aggregate may be assessed133and themotor carrier may be enjoined from operation pursuant to 134 s. 316.3026 forifviolations found during aare found after a135second followupcompliance reviewwithin 12 months after the136first followup compliance review. Motor carriers found to be 137 operating without insurance coverage required by s. 627.742 or 138 49 C.F.R. part 387 may be enjoined as provided in s. 316.3026. 139 (3) For the purpose of enforcing this section, any law 140 enforcement officer of the Department of Highway Safety and 141 Motor Vehicles or a duly appointed agent of the department who 142 holds a current safety inspector certification from the 143 Commercial Vehicle Safety Alliance may require the driver of any 144 commercial vehicle operated on the highways of this state to 145 stop and submit to an inspection of the vehicle or the driver’s 146 records. If the vehicle is being operated or the driver is 147 operating the vehicle in an unsafe condition, or if any required 148 part or equipment is not present or is not in proper repair or 149 adjustment, and the continued operation would be unduly 150 hazardous, the officer or agent may require the vehicle or the 151 driver to be removed from service pursuant to the North American 152 Standard Out-of-Service Criteria until all safety concerns are 153 corrected. However, if continuous operation would not be unduly 154 hazardous, the officer or agent may give written notice 155 requiring correction of the condition within 15 days after the 156 inspection. 157 (4) School buses subject tothe provisions ofchapter 1006 158 or s. 316.615 are exempt fromthe provisions ofthis section. 159 Section 5. Section 319.1414, Florida Statutes, is created 160 to read: 161 319.1414 Investigations; examinations; subpoenas; hearings; 162 witnesses.— 163 (1) The department may conduct investigations and 164 examinations of department-authorized private rebuilt inspection 165 providers as it deems necessary to determine whether a person 166 has violated or is about to violate this chapter or a contract 167 entered into pursuant to this chapter or to assist with the 168 enforcement of this chapter. 169 (2) For purposes of any investigation or examination 170 conducted pursuant to this section, the department may exercise 171 the power of subpoena and the powers to administer oaths or 172 affirmations, to examine witnesses, to require affidavits, to 173 take depositions, and to compel the attendance of witnesses and 174 the production of books, papers, documents, records, and other 175 evidence. A designated agent of the department may serve a 176 subpoena relating to an investigation or examination. 177 (3) If a person refuses to testify; produce books, papers, 178 documents, or records; or otherwise obey a subpoena or subpoena 179 duces tecum issued under subsection (2), the department may 180 petition a court of competent jurisdiction in the county where 181 the person’s residence or principal place of business is 182 located, upon which the court must issue an order requiring such 183 person to obey the subpoena or show cause for failing to obey 184 the subpoena. Unless the person shows sufficient cause for 185 failing to obey the subpoena, the court shall direct the person 186 to obey the subpoena. Failure to comply with such order is 187 contempt of court. 188 (4) For the purpose of any investigation, examination, or 189 proceeding initiated by the department under this chapter, the 190 department is authorized to designate agents to serve subpoenas 191 and other process and to administer oaths or affirmations. 192 (5) Witnesses subpoenaed under this section are entitled to 193 witness fees at the same rate established by s. 92.142 for 194 witnesses in a civil case, except that witness fees are not 195 payable for appearance at the witness’s place of business during 196 regular business hours or at the witness’s residence. 197 (6) The department may adopt rules to administer this 198 section. 199 Section 6. Section 319.25, Florida Statutes, is amended to 200 read: 201 319.25 Cancellation of certificates; investigations; 202 subpoenas and other process; oaths; rules.— 203 (1) If it appears that a certificate of title has been 204 improperly issued, the department shall cancel the certificate. 205 Upon cancellation of any certificate of title, the department 206 shall notify the person to whom the certificate of title was 207 issued, as well as any lienholders appearing thereon, of the 208 cancellation and shall demand the surrender of the certificate 209 of title, but the cancellation shall not affect the validity of 210 any lien noted thereon. The holder of the certificate of title 211 shall return it to the department forthwith. If a certificate of 212 registration has been issued to the holder of a certificate of 213 title so canceled, the department shall immediately cancel the 214 certificate of registration and demand the return of such 215 certificate of registration and license plate or mobile home 216 sticker; and the holder of such certificate of registration and 217 license plate or sticker shall return them to the department 218 forthwith. 219 (2) The department is authorized, upon application of any 220 person and payment of the proper fees, to prepare and furnish 221 lists containing title information in such form as the 222 department may authorize, to search the records of the 223 department and make reports thereof, and to make photographic 224 copies of the department records and attestations thereof, 225 except as provided in chapter 119. 226 (3) The department may conduct investigations and 227 examinations of any person suspected of violating or of having 228 violated this chapter or any rule adopted or order issued under 229 this chapter. 230 (4) For purposes of any investigation or examination 231 conducted pursuant to this section, the department may exercise 232 the power of subpoena and the powers to administer oaths or 233 affirmations, to examine witnesses, to require affidavits, to 234 take depositions, and to compel the attendance of witnesses and 235 the production of books, papers, documents, records, and other 236 evidence. An authorized representative of the department may 237 serve a subpoena relating to an investigation or examination. 238 (5) If a person refuses to testify; produce books, papers, 239 documents, or records; or otherwise obey the subpoena or 240 subpoena duces tecum issued under subsection (4), the department 241 may petition a court of competent jurisdiction in the county 242 where the person’s residence or principal place of business is 243 located, upon which the court must issue an order requiring such 244 person to obey the subpoena or show cause for failing to obey 245 the subpoena. Unless the person shows sufficient cause for 246 failing to obey the subpoena, the court must direct the person 247 to obey the subpoena. Failure to comply with such order is 248 contempt of court. 249 (6) For the purpose of any investigation, examination, or 250 proceeding initiated by the department under this chapter, the 251 department is authorized to designate agents to serve subpoenas 252 and other process and to administer oaths or affirmations. 253 (7) Witnesses subpoenaed under this section are entitled to 254 witness fees at the same rate established by s. 92.142 for 255 witnesses in a civil case, except that witness fees are not 256 payable for appearance at the witness’s place of business during 257 regular business hours or at the witness’s residence. 258 (8) The department may adopt rules to administer this 259 section. 260 Section 7. Paragraph (b) of subsection (3) of section 261 319.30, Florida Statutes, is amended to read: 262 319.30 Definitions; dismantling, destruction, change of 263 identity of motor vehicle or mobile home; salvage.— 264 (3) 265 (b) The owner, including persons who are self-insured, of a 266 motor vehicle or mobile home that is considered to be salvage 267 shall, within 72 hours after the motor vehicle or mobile home 268 becomes salvage, forward the title to the motor vehicle or 269 mobile home to the department for processing. However, an 270 insurance company that pays money as compensation for the total 271 loss of a motor vehicle or mobile home shall obtain the 272 certificate of title for the motor vehicle or mobile home, make 273 the required notification to the National Motor Vehicle Title 274 Information System, and, within 72 hours after receiving such 275 certificate of title, forward such title by the United States 276 Postal Service, by another commercial delivery service, or by 277 electronic means, when such means are made available by the 278 department, to the department for processing. The owner or 279 insurance company, as applicable, may not dispose of a vehicle 280 or mobile home that is a total loss before it obtains a salvage 281 certificate of title or certificate of destruction from the 282 department. Effective January 1, 2020: 283 1. Thirty days after payment of a claim for compensation 284 pursuant to this paragraph, the insurance company may receive a 285 salvage certificate of title or certificate of destruction from 286 the department if the insurance company is unable to obtain a 287 properly assigned certificate of title from the owner or 288 lienholder of the motor vehicle or mobile home, if the motor 289 vehicle or mobile home does not carry an electronic lien on the 290 title and the insurance company: 291 a. Has obtained the release of all liens on the motor 292 vehicle or mobile home; 293 b. Has attested on a form provided by the department that 294provided proof ofpayment of the total loss claim has been 295 distributed; and 296 c. Has attested on a form provided by the department and 297provided an affidavit on letterheadsigned by the insurance 298 company or its authorized agent stating the attempts that have 299 been made to obtain the title from the owner or lienholder and 300 further stating that all attempts are to no avail. The form 301affidavitmust include a request that the salvage certificate of 302 title or certificate of destruction be issued in the insurance 303 company’s name due to payment of a total loss claim to the owner 304 or lienholder. The attempts to contact the owner may be by 305 written request delivered in person or by first-class mail with 306 a certificate of mailing to the owner’s or lienholder’s last 307 known address. 308 2. If the owner or lienholder is notified of the request 309 for title in person, the insurance company must provide an 310 affidavit attesting to the in-person request for a certificate 311 of title. 312 3. The request to the owner or lienholder for the 313 certificate of title must include a complete description of the 314 motor vehicle or mobile home and the statement that a total loss 315 claim has been paid on the motor vehicle or mobile home. 316 Section 8. Subsection (3) and paragraph (a) of subsection 317 (10) of section 320.27, Florida Statutes, are amended to read: 318 320.27 Motor vehicle dealers.— 319 (3) APPLICATION AND FEE.—The application for the license 320 shall be in such form as may be prescribed by the department and 321 shall be subject to such rules with respect thereto as may be so 322 prescribed by it. Such application shall be verified by oath or 323 affirmation and shall contain a full statement of the name and 324 birth date of the person or persons applying therefor; the name 325 of the firm or copartnership, with the names and places of 326 residence of all members thereof, if such applicant is a firm or 327 copartnership; the names and places of residence of the 328 principal officers, if the applicant is a body corporate or 329 other artificial body; the name of the state under whose laws 330 the corporation is organized; the present and former place or 331 places of residence of the applicant; and prior business in 332 which the applicant has been engaged and the location thereof. 333 Such application shall describe the exact location of the place 334 of business and shall state whether the place of business is 335 owned by the applicant and when acquired, or, if leased, a true 336 copy of the lease shall be attached to the application. The 337 applicant shall certify that the location provides an adequately 338 equipped office and is not a residence; that the location 339 affords sufficient unoccupied space upon and within which 340 adequately to store all motor vehicles offered and displayed for 341 sale; and that the location is a suitable place where the 342 applicant can in good faith carry on such business and keep and 343 maintain books, records, and files necessary to conduct such 344 business, which shall be available at all reasonable hours to 345 inspection by the department or any of its inspectors or other 346 employees. The applicant shall certify that the business of a 347 motor vehicle dealer is the principal business which shall be 348 conducted at that location. The application shall contain a 349 statement that the applicant is either franchised by a 350 manufacturer of motor vehicles, in which case the name of each 351 motor vehicle that the applicant is franchised to sell shall be 352 included, or an independent (nonfranchised) motor vehicle 353 dealer. The application shall contain other relevant information 354 as may be required by the department, including evidence that 355 the applicant is insured under a garage liability insurance 356 policy or a general liability insurance policy coupled with a 357 business automobile policy, which shall include, at a minimum, 358 $25,000 combined single-limit liability coverage including 359 bodily injury and property damage protection and $10,000 360 personal injury protection. However, a salvage motor vehicle 361 dealer as defined in subparagraph (1)(c)5. is exempt from the 362 requirements for garage liability insurance and personal injury 363 protection insurance on those vehicles that cannot be legally 364 operated on roads, highways, or streets in this state. Franchise 365 dealers must submit a garage liability insurance policy, and all 366 other dealers must submit a garage liability insurance policy or 367 a general liability insurance policy coupled with a business 368 automobile policy. Such policy shall be for the license period, 369 and evidence of a new or continued policy shall be delivered to 370 the department at the beginning of each license period. A 371 licensee shall deliver to the department, in the manner 372 prescribed by the department, within 10 calendar days after any 373 renewal or continuation of or change in such policy or within 10 374 calendar days after any issuance of a new policy, a copy of the 375 renewed, continued, changed, or new policy. Upon making initial 376 application, the applicant shall pay to the department a fee of 377 $300 in addition to any other fees required by law. Applicants 378 may choose to extend the licensure period for 1 additional year 379 for a total of 2 years. An initial applicant shall pay to the 380 department a fee of $300 for the first year and $75 for the 381 second year, in addition to any other fees required by law. An 382 applicant for renewal shall pay to the department $75 for a 1 383 year renewal or $150 for a 2-year renewal, in addition to any 384 other fees required by law. Upon making an application for a 385 change of location, the person shall pay a fee of $50 in 386 addition to any other fees now required by law. The department 387 shall, in the case of every application for initial licensure, 388 verify whether certain facts set forth in the application are 389 true. Each applicant, general partner in the case of a 390 partnership, or corporate officer and director in the case of a 391 corporate applicant, must file a set of fingerprints with the 392 department for the purpose of determining any prior criminal 393 record or any outstanding warrants. The department shall submit 394 the fingerprints to the Department of Law Enforcement for state 395 processing and forwarding to the Federal Bureau of Investigation 396 for federal processing. The actual cost of state and federal 397 processing shall be borne by the applicant and is in addition to 398 the fee for licensure. The department may issue a license to an 399 applicant pending the results of the fingerprint investigation, 400 which license is fully revocable if the department subsequently 401 determines that any facts set forth in the application are not 402 true or correctly represented. 403 (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.— 404 (a) Annually, before any license shall be issued to a motor 405 vehicle dealer, the applicant-dealer of new or used motor 406 vehicles shall deliver to the department a good and sufficient 407 surety bond or irrevocable letter of credit, executed by the 408 applicant-dealer as principal, in the sum of $25,000. A licensee 409 shall deliver to the department, in the manner prescribed by the 410 department, within 10 calendar days after any renewal or 411 continuation of or change in such surety bond or irrevocable 412 letter of credit or within 10 calendar days after any issuance 413 of a new surety bond or irrevocable letter of credit, a copy of 414 such renewed, continued, changed, or new surety bond or 415 irrevocable letter of credit. 416 Section 9. Paragraph (a) of subsection (16) of section 417 320.77, Florida Statutes, is amended to read: 418 320.77 License required of mobile home dealers.— 419 (16) SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF 420 CREDIT REQUIRED.— 421 (a) Before any license shall be issued or renewed, the 422 applicant or licensee shall deliver to the department a good and 423 sufficient surety bond, cash bond, or irrevocable letter of 424 credit, executed by the applicant or licensee as principal. The 425 licensee shall deliver to the department, in the manner 426 prescribed by the department, within 10 calendar days after any 427 renewal or continuation of or change in such surety bond, cash 428 bond, or irrevocable letter of credit or within 10 calendar days 429 after any issuance of a new surety bond, cash bond, or 430 irrevocable letter of credit, a copy of such renewed, continued, 431 changed, or new surety bond, cash bond, or irrevocable letter of 432 credit. The bond or irrevocable letter of credit shall be in a 433 form to be approved by the department and shall be conditioned 434 upon the dealer’s complying with the conditions of any written 435 contract made by the dealer in connection with the sale, 436 exchange, or improvement of any mobile home and his or her not 437 violating any of the provisions of chapter 319 or this chapter 438 in the conduct of the business for which the dealer is licensed. 439 The bond or irrevocable letter of credit shall be to the 440 department and in favor of any retail customer who shall suffer 441 any loss as a result of any violation of the conditions 442 contained in this section. The bond or irrevocable letter of 443 credit shall be for the license period, and a new bond or 444 irrevocable letter of credit or a proper continuation 445 certificate shall be delivered to the department at the 446 beginning of each license period. However, the aggregate 447 liability of the surety in any one license year shall in no 448 event exceed the sum of such bond, or, in the case of a letter 449 of credit, the aggregate liability of the issuing bank shall not 450 exceed the sum of the credit. The amount of the bond required 451 shall be as follows: 452 1. A single dealer who buys, sells, or deals in mobile 453 homes and who has four or fewer supplemental licenses shall 454 provide a surety bond, cash bond, or irrevocable letter of 455 credit executed by the dealer applicant or licensee in the 456 amount of $25,000. 457 2. A single dealer who buys, sells, or deals in mobile 458 homes and who has more than four supplemental licenses shall 459 provide a surety bond, cash bond, or irrevocable letter of 460 credit executed by the dealer applicant or licensee in the 461 amount of $50,000. 462 463 For the purposes of this paragraph, any person who buys, sells, 464 or deals in both mobile homes and recreational vehicles shall 465 provide the same surety bond required of dealers who buy, sell, 466 or deal in mobile homes only. 467 Section 10. Paragraph (j) of subsection (3) and paragraph 468 (a) of subsection (16) of section 320.771, Florida Statutes, are 469 amended to read: 470 320.771 License required of recreational vehicle dealers.— 471 (3) APPLICATION.—The application for such license shall be 472 in the form prescribed by the department and subject to such 473 rules as may be prescribed by it. The application shall be 474 verified by oath or affirmation and shall contain: 475 (j) EvidenceA statementthat the applicant is insured 476 under a garage liability insurance policy, which shall include, 477 at a minimum, $25,000 combined single-limit liability coverage, 478 including bodily injury and property damage protection, and 479 $10,000 personal injury protection, if the applicant is to be 480 licensed as a dealer in, or intends to sell, recreational 481 vehicles. Such policy must be for the license period and 482 delivered to the department in the manner prescribed by the 483 department. The licensee shall deliver to the department, in the 484 manner prescribed by the department, within 10 calendar days 485 after any renewal or continuation of or change in such policy or 486 within 10 calendar days after any issuance of a new policy, a 487 copy of such renewed, continued, changed, or new policy. 488 However, a garage liability policy is not required for the 489 licensure of a mobile home dealer who sells only park trailers. 490 491 The department shall, if it deems necessary, cause an 492 investigation to be made to ascertain if the facts set forth in 493 the application are true and shall not issue a license to the 494 applicant until it is satisfied that the facts set forth in the 495 application are true. 496 (16) BOND.— 497 (a) Before any license shall be issued or renewed, the 498 applicant shall deliver to the department, in the manner 499 prescribed by the department, a good and sufficient surety bond, 500 executed by the applicant as principal and by a surety company 501 qualified to do business in the state as surety. The licensee 502 shall deliver to the department, in the manner prescribed by the 503 department, within 10 calendar days after any renewal or 504 continuation of or change in such surety bond or within 10 505 calendar days after any issuance of a new surety bond, a copy of 506 such renewed, continued, changed, or new surety bond. The bond 507 shall be in a form to be approved by the department and shall be 508 conditioned upon the dealer’s complying with the conditions of 509 any written contract made by that dealer in connection with the 510 sale, exchange, or improvement of any recreational vehicle and 511 his or her not violating any of the provisions of chapter 319 or 512 this chapter in the conduct of the business for which he or she 513 is licensed. The bond shall be to the department and in favor of 514 any retail customer who shall suffer any loss as a result of any 515 violation of the conditions hereinabove contained. The bond 516 shall be for the license period, and a new bond or a proper 517 continuation certificate shall be delivered to the department at 518 the beginning of each license period. However, the aggregate 519 liability of the surety in any one license year shall in no 520 event exceed the sum of such bond. The amount of the bond 521 required shall be as follows: 522 1. A single dealer who buys, sells, or deals in 523 recreational vehicles and has four or fewer supplemental 524 licenses shall provide a surety bond in the amount of $10,000. 525 2. A single dealer who buys, sells, or deals in 526 recreational vehicles and who has more than four supplemental 527 licenses shall provide a surety bond in the amount of $20,000. 528 529 For the purposes of this paragraph, any person who buys, sells, 530 or deals in both mobile homes and recreational vehicles shall 531 provide the same surety bond required of dealers who buy, sell, 532 or deal in mobile homes only. 533 Section 11. Paragraphs (a) and (b) of subsection (5) of 534 section 320.8225, Florida Statutes, are amended to read: 535 320.8225 Mobile home and recreational vehicle manufacturer, 536 distributor, and importer license.— 537 (5) REQUIREMENT OF ASSURANCE.— 538 (a) Annually, prior to the receipt of a license to 539 manufacture mobile homes, the applicant or licensee shall 540 submit, in the manner prescribed by the department, a surety 541 bond, cash bond, or letter of credit from a financial 542 institution, or a proper continuation certificate, sufficient to 543 assure satisfaction of claims against the licensee for failure 544 to comply with appropriate code standards, failure to provide 545 warranty service, or violation of any provisions of this 546 section. The amount of the surety bond, cash bond, or letter of 547 credit must be $50,000. Only one surety bond, cash bond, or 548 letter of credit shall be required for each manufacturer, 549 regardless of the number of factory locations. The surety bond, 550 cash bond, or letter of credit must be to the department, in 551 favor of any retail customer who suffers a loss arising out of 552 noncompliance with code standards or failure to honor or provide 553 warranty service. The department may disapprove any bond or 554 letter of credit that does not provide assurance as provided in 555 this section. A licensee shall deliver to the department, in the 556 manner prescribed by the department, within 10 calendar days 557 after any renewal or continuation of or change in such surety 558 bond, cash bond, or letter of credit or within 10 calendar days 559 after any issuance of a new surety bond, cash bond, or letter of 560 credit, a copy of such renewed, continued, changed, or new 561 surety bond, cash bond, or letter of credit. 562 (b) Annually, beforeprior tothe receipt of a license to 563 manufacture, distribute, or import recreational vehicles, the 564 applicant or licensee shall submit, in the manner prescribed by 565 the department, a surety bond, or a proper continuation 566 certificate, sufficient to assure satisfaction of claims against 567 the licensee for failure to comply with appropriate code 568 standards, failure to provide warranty service, or violation of 569 any provisions of this section. The amount of the surety bond 570 must be $10,000 per year. The surety bond must be to the 571 department, in favor of any retail customer who suffers loss 572 arising out of noncompliance with code standards or failure to 573 honor or provide warranty service. The department may disapprove 574 any bond that does not provide assurance as provided in this 575 section. The licensee shall deliver to the department, in the 576 manner prescribed by the department, within 10 calendar days 577 after any renewal or continuation of or change in such surety 578 bond or within 10 calendar days after any issuance of a new 579 surety bond, a copy of such renewed, continued, changed, or new 580 surety bond. 581 Section 12. Section 320.861, Florida Statutes, is amended 582 to read: 583 320.861 Investigations; subpoenas and other process; oaths; 584 rulesInspection of records; production of evidence; subpoena585power.— 586 (1) The department may conduct investigations and 587 examinations of any person suspected of violating or of having 588 violated this chapter or any rule adopted or order issued 589 thereunderinspect the pertinent books, records, letters, and590contracts of any licensee, whether dealer or manufacturer,591relating to any written complaint made to it against such592licensee. 593 (2) For purposes of any investigation or examination 594 conducted pursuant to this section, the department mayis595granted and authorized toexercise the power of subpoena and the 596 powers to administer oaths or affirmations, to examine 597 witnesses, to require affidavits, to take depositions, and to 598 compel the attendance of witnesses and the production of books, 599 papers, documents, records, and other evidence. A designated 600 agent of the department may serve a subpoena relating to an 601 investigation or examinationfor the attendance of witnesses and602the production of any documentary evidence necessary to the603disposition by it of any written complaint against any licensee,604whether dealer or manufacturer. 605 (3) If a person refuses to testify; to produce books, 606 papers, documents, or records; or to otherwise obey the subpoena 607 or subpoena duces tecum issued under subsection (2), the 608 department may petition a court of competent jurisdiction in the 609 county where the person’s residence or principal place of 610 business is located, upon which the court must issue an order 611 requiring such person to obey the subpoena or show cause for 612 failing to obey the subpoena. Unless the person shows sufficient 613 cause for failing to obey the subpoena, the court must direct 614 the person to obey the subpoena. Failure to comply with such 615 order constitutes contempt of court. 616 (4) For the purpose of any investigation, examination, or 617 proceeding initiated by the department under this chapter, the 618 department may designate agents to serve subpoenas and other 619 process and to administer oaths or affirmations. The department 620 shall exercise this power on its own initiative in accordance 621 with ss. 320.615 and 320.71. 622 (5) Witnesses subpoenaed under this section are entitled to 623 witness fees at the same rate established by s. 92.142 for 624 witnesses in a civil case, except that witness fees are not 625 payable for appearance at the witness’s place of business during 626 regular business hours or at the witness’s residence. 627 (6) The department may adopt rules to administer this 628 section. 629 Section 13. Section 322.71, Florida Statutes, is created to 630 read: 631 322.71 Investigations; subpoenas and other process; oaths; 632 rules.— 633 (1) The department may conduct investigations and 634 examinations of any person suspected of violating or of having 635 violated any provision of this chapter or any rule adopted or 636 order issued under this chapter. 637 (2) For purposes of any investigation or examination 638 conducted pursuant to this section, the department may exercise 639 the power of subpoena and the powers to administer oaths or 640 affirmations, to examine witnesses, to require affidavits, to 641 take depositions, and to compel the attendance of witnesses and 642 the production of books, papers, documents, records, and other 643 evidence. Such subpoenas may be served by an authorized 644 representative of the department. 645 (3) If a person refuses to testify; to produce books, 646 papers, documents, or records; or to otherwise obey the subpoena 647 or subpoena duces tecum issued under subsection (2), the 648 department may petition a court of competent jurisdiction in the 649 county where the person’s residence or principal place of 650 business is located, upon which the court must issue an order 651 requiring such person to obey the subpoena or show cause for 652 failing to obey the subpoena. Unless the person shows sufficient 653 cause for failing to obey the subpoena, the court must direct 654 the person to obey the subpoena. Failure to comply with such 655 order constitutes contempt of court. 656 (4) For the purpose of any investigation, examination, or 657 proceeding initiated by the department under this chapter, the 658 department may designate agents to serve subpoenas and other 659 process and to administer oaths or affirmations. 660 (5) Witnesses subpoenaed under this section are entitled to 661 witness fees at the same rate established by s. 92.142 for 662 witnesses in a civil case, except that witness fees are not 663 payable for appearance at the witness’s place of business during 664 regular business hours or at the witness’s residence. 665 (6) The department may adopt rules to administer this 666 section. 667 Section 14. Subsection (7) of section 337.14, Florida 668 Statutes, is amended to read: 669 337.14 Application for qualification; certificate of 670 qualification; restrictions; request for hearing.— 671 (7) A “contractor” as defined in s. 337.165(1)(d) or his or 672 her “affiliate” as defined in s. 337.165(1)(a) qualified with 673 the department under this section may not also qualify under s. 674 287.055 or s. 337.105 to provide testing services, construction, 675 engineering, and inspection services to the department. This 676 limitation does not apply to any design-build prequalification 677 under s. 337.11(7) and does not apply when the department 678 otherwise determines by written order entered at least 30 days 679 before advertisement that the limitation is not in the best 680 interests of the public with respect to a particular contract 681 for testing services, construction, engineering, and inspection 682 services. This subsection does not authorize a contractor to 683 provide testing services, or provide construction, engineering, 684 and inspection services, to the department in connection with a 685 construction contract under which the contractor is performing 686 any work. Notwithstanding any other provision of law to the 687 contrary, for a project that is wholly or partially funded by 688 the department and administered by a local governmental entity, 689 except for a seaport listed in s. 311.09 or an airport as 690 defined in s. 332.004, the entity performing design and 691 construction engineering and inspection services may not be the 692 same entity. 693 Section 15. Paragraph (a) of subsection (8) of section 694 338.221, Florida Statutes, is amended to read: 695 338.221 Definitions.—As used in ss. 338.22-338.241, the 696 following words and terms have the following meanings, unless 697 the context indicates another or different meaning or intent: 698 (8) “Economically feasible” means: 699 (a) For a proposed turnpike project, that, as determined by 700 the department before the issuance of revenue bonds for the 701 project, the estimated net revenues of the proposed turnpike 702 project, excluding feeder roads and turnpike improvements, will 703 be sufficient to pay at least 50 percent of the average annual 704 debt service on the bonds associated with the project by the end 705 of the 12th year of operation and to pay at least 100 percent of 706 the average annual debt service on the bonds by the end of the 707 30th year of operation. In implementing this paragraph, up to 50 708 percent of the adopted work program costs of the project may be 709 funded from turnpike revenues. 710 711 This subsection does not prohibit the pledging of revenues from 712 the entire turnpike system to bonds issued to finance or 713 refinance a turnpike project or group of turnpike projects. 714 Section 16. Subsection (4) of section 339.0809, Florida 715 Statutes, is amended to read: 716 339.0809 Florida Department of Transportation Financing 717 Corporation.— 718 (4) The Florida Department of Transportation Financing 719 Corporation may enter into one or more service contracts with 720 the department to provide services to the department in 721 connection with projects approved in the department’s work 722 program, which approval specifically provides that the 723 department may enter into a service contract for the project 724 pursuant to this section. The department may enter into one or 725 more such service contracts with the corporation and provide for 726 payments under such contracts, subject to annual appropriation 727 by the Legislature. The proceeds from such service contracts may 728 be used for the corporation’s administrative costs and expenses 729 after payments under subsection (5). Each service contract may 730 have a term of up to 35 years. In compliance with s. 287.0641 731 and other applicable law, the obligations of the department 732 under such service contracts do not constitute a general 733 obligation of the state or a pledge of the full faith and credit 734 or taxing power of the state, and such obligations are not an 735 obligation of the State Board of Administration or entities for 736 which it invests funds, other than the department as provided in 737 this section, but are payable solely from amounts available in 738 the State Transportation Trust Fund, subject to annual 739 appropriation. Notwithstanding any law to the contrary, funds in 740 the State Transportation Trust Fund must first be available for 741 appropriation for payments under a service contract before any 742 other purpose, except for payments pursuant to s. 215.616, s. 743 215.617, s. 320.20(3) or (4), or s. 339.0801(1)(a). Annual debt 744 service on the corporation’s bonds payable from moneys 745 appropriated for service contract payments may not exceed $100 746 million. In compliance with this subsection and s. 287.0582, the 747 service contract must expressly include the following statement: 748 “The State of Florida’s performance and obligation to pay under 749 this contract is contingent upon an annual appropriation by the 750 Legislature.” 751 Section 17. Part III of chapter 343, Florida Statutes, 752 consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83, 753 343.835, 343.836, 343.84, 343.85, 343.87, 343.875, 343.88, 754 343.881, 343.884, and 343.89, Florida Statutes, is repealed. 755 Section 18. Paragraph (c) of subsection (1) of section 756 348.754, Florida Statutes, is amended to read: 757 348.754 Purposes and powers.— 758 (1) 759 (c) Notwithstanding any other provision of this section to 760 the contrary, to ensure the continued financial feasibility of 761 the portion of the Wekiva Parkway to be constructed by the 762 department, the authority may not, withouttheprior 763 consultation withconsent ofthe secretary of the department, 764 construct any extensions, additions, or improvements to the 765 expressway system in Lake County. 766 Section 19. For the purpose of incorporating the amendment 767 made by this act to section 316.126, Florida Statutes, in a 768 reference thereto, paragraph (d) of subsection (2) of section 769 318.18, Florida Statutes, is reenacted to read: 770 318.18 Amount of penalties.—The penalties required for a 771 noncriminal disposition pursuant to s. 318.14 or a criminal 772 offense listed in s. 318.17 are as follows: 773 (2) Thirty dollars for all nonmoving traffic violations 774 and: 775 (d) For all violations of s. 316.126(1)(b), unless 776 otherwise specified. 777 Section 20. For the purpose of incorporating the amendment 778 made by this act to section 316.70, Florida Statutes, in a 779 reference thereto, subsection (1) of section 316.3026, Florida 780 Statutes, is reenacted to read: 781 316.3026 Unlawful operation of motor carriers.— 782 (1) The Office of Commercial Vehicle Enforcement may issue 783 out-of-service orders to motor carriers, as defined in s. 784 320.01, who, after proper notice, have failed to pay any penalty 785 or fine assessed by the department, or its agent, against any 786 owner or motor carrier for violations of state law, refused to 787 submit to a compliance review and provide records pursuant to s. 788 316.302(6) or s. 316.70, or violated safety regulations pursuant 789 to s. 316.302 or insurance requirements in s. 627.7415. Such 790 out-of-service orders have the effect of prohibiting the 791 operations of any motor vehicles owned, leased, or otherwise 792 operated by the motor carrier upon the roadways of this state, 793 until the violations have been corrected or penalties have been 794 paid. Out-of-service orders must be approved by the director of 795 the Division of the Florida Highway Patrol or his or her 796 designee. An administrative hearing pursuant to s. 120.569 shall 797 be afforded to motor carriers subject to such orders. 798 Section 21. For the purpose of incorporating the amendment 799 made by this act to section 338.221, Florida Statutes, in a 800 reference thereto, section 338.2276, Florida Statutes, is 801 reenacted to read: 802 338.2276 Western Beltway turnpike project; financing.—Upon 803 a determination of economic feasibility, as defined in s. 804 338.221(8), for part C of the Western Beltway turnpike project, 805 which part extends from Florida’s Turnpike near Ocoee in Orange 806 County southerly through Orange County and Osceola County to an 807 interchange with I-4 near the Osceola/Polk County line, the 808 Department of Transportation shall include a request for the 809 issuance of turnpike revenue bonds to construct the project as 810 part of its next legislative budget request and tentative work 811 program. If funding is insufficient to construct part C, it is 812 the intent of the Legislature that such project be given 813 priority as a project financed from subsequent issuances of 814 turnpike revenue bonds approved by the Legislature; however, 815 such priority consideration is contingent on the project’s 816 meeting all economic feasibility requirements and upon the 817 project’s being financed without the use of capitalized 818 interest. 819 Section 22. Notwithstanding any other law, the Northwest 820 Florida Transportation Corridor Authority is dissolved. The 821 authority shall discharge or make provision for the authority’s 822 debts, obligations, and other liabilities; settle and close the 823 authority’s activities and affairs; and provide for distribution 824 of the authority’s assets, or the proceeds of such assets, such 825 that each local general-purpose government represented on the 826 authority’s board receives a distribution generally in 827 proportion to each entity’s contribution to the acquisition of 828 the assets. 829 Section 23. This act shall take effect July 1, 2021. 830 831 ================= T I T L E A M E N D M E N T ================ 832 And the title is amended as follows: 833 Delete everything before the enacting clause 834 and insert: 835 A bill to be entitled 836 An act relating to transportation; amending s. 837 316.126, F.S.; requiring drivers to change lanes when 838 approaching a road and bridge maintenance or 839 construction vehicle displaying warning lights on the 840 roadside; amending s. 316.3045, F.S.; revising 841 provisions relating to the operation of radios or 842 other soundmaking devices in vehicles; deleting a 843 standard for determining prohibited sound levels; 844 deleting an exception for vehicles operated for 845 business or political purposes; authorizing local 846 authorities to regulate the place where such 847 soundmaking devices may be operated; amending s. 848 316.305, F.S.; deleting obsolete language; amending s. 849 316.70, F.S.; providing that owners and drivers of 850 nonpublic sector buses operated on public highways of 851 this state are subject to specified provisions of law; 852 authorizing the Department of Highway Safety and Motor 853 Vehicles to conduct compliance reviews for a specified 854 purpose; revising civil penalties; authorizing certain 855 law enforcement officers and appointed agents to 856 require drivers of commercial vehicles to submit to an 857 inspection of the vehicle and the driver’s records; 858 authorizing such officers and agents to require the 859 vehicle and driver to be removed from service under 860 specified conditions; authorizing such officers and 861 agents to give written notice; creating s. 319.1414, 862 F.S.; authorizing the department to conduct 863 investigations and examinations of department 864 authorized private rebuilt inspection providers; 865 authorizing the department to exercise certain powers 866 when conducting such investigations and examinations; 867 authorizing the department to petition a court if a 868 person refuses to testify, produce materials, or obey 869 a subpoena or subpoena duces tecum; requiring the 870 court to issue an order; requiring such person to obey 871 the subpoena or show cause for failing to obey the 872 subpoena; providing a penalty for a person who fails 873 to comply with the court’s order; authorizing the 874 department to designate agents for specified purposes; 875 providing that subpoenaed witnesses are entitled to 876 witness fees; providing exceptions; authorizing the 877 department to adopt rules; amending s. 319.25, F.S.; 878 authorizing the department to conduct investigations 879 and examinations relating to violations of provisions 880 relating to title certificates; authorizing the 881 department to exercise certain powers when conducting 882 such investigations and examinations; authorizing the 883 department to petition a court if a person refuses to 884 testify, produce materials, or obey a subpoena or 885 subpoena duces tecum; requiring the court to issue an 886 order; requiring such person to obey the subpoena or 887 show cause for failing to obey the subpoena; providing 888 a penalty for a person who fails to comply with the 889 court’s order; authorizing the department to designate 890 agents for specified purposes; providing that 891 subpoenaed witnesses are entitled to witness fees; 892 providing exceptions; authorizing the department to 893 adopt rules; amending s. 319.30, F.S.; revising 894 conditions under which insurance companies are 895 authorized to receive salvage certificates of title or 896 certificates of destruction for motor vehicles and 897 mobile homes from the department; amending s. 320.27, 898 F.S.; requiring motor vehicle dealer licensees to 899 deliver copies of renewed, continued, changed, or new 900 insurance policies to the department within specified 901 timeframes under certain conditions; requiring such 902 licensees to deliver copies of renewed, continued, 903 changed, or new surety bonds or irrevocable letters of 904 credit to the department within specified timeframes 905 under certain conditions; amending s. 320.77, F.S.; 906 requiring mobile home dealer licensees to deliver 907 copies of renewed, continued, changed, or new surety 908 bonds, cash bonds, or irrevocable letters of credit to 909 the department within specified timeframes under 910 certain conditions; amending s. 320.771, F.S.; 911 revising requirements for applications for licenses 912 required of recreational vehicle dealers; requiring 913 recreational vehicle dealer licensees to deliver 914 copies of renewed, continued, changed, or new 915 insurance policies to the department within specified 916 timeframes under certain conditions; requiring such 917 licensees to deliver copies of renewed, continued, 918 changed, or new surety bonds to the department within 919 specified timeframes under certain conditions; 920 amending s. 320.8225, F.S.; requiring mobile home and 921 recreational vehicle manufacturer, distributor, and 922 importer licensees to deliver copies of renewed, 923 continued, changed, or new surety bonds, cash bonds, 924 or letters of credit to the department within 925 specified timeframes under certain conditions; 926 amending s. 320.861, F.S.; authorizing the department 927 to conduct investigations and examinations relating to 928 violations of certain laws, rules, or orders relating 929 to motor vehicle licenses; revising the powers of the 930 department relating to conducting such investigations 931 and examinations; authorizing the department to 932 petition a court if a person refuses to testify, 933 produce materials, or obey a subpoena or subpoena 934 duces tecum; requiring the court to issue an order; 935 requiring such person to obey the subpoena or show 936 cause for failing to obey the subpoena; providing a 937 penalty for a person who fails to comply with the 938 court’s order; authorizing the department to designate 939 agents for specified purposes; providing that 940 subpoenaed witnesses are entitled to witness fees; 941 providing exceptions; authorizing the department to 942 adopt rules; creating s. 322.71, F.S.; authorizing the 943 department to conduct investigations and examinations 944 relating to violations of certain laws, rules, or 945 orders relating to driver licenses; authorizing the 946 department to exercise certain powers when conducting 947 such investigations and examinations; authorizing the 948 department to petition a court if a person refuses to 949 testify, produce materials, or obey a subpoena or 950 subpoena duces tecum; requiring the court to issue an 951 order; requiring such person to obey the subpoena or 952 show cause for failing to obey the subpoena; providing 953 a penalty for a person who fails to comply with the 954 court’s order; authorizing the department to designate 955 agents for specified purposes; providing that 956 subpoenaed witnesses are entitled to witness fees; 957 providing exceptions; authorizing the department to 958 adopt rules; amending s. 337.14, F.S.; exempting 959 airports from certain restrictions regarding entities 960 performing engineering and inspection services; 961 amending s. 338.221, F.S.; revising the definition of 962 the term “economically feasible”; amending s. 963 339.0809, F.S.; requiring that funds in the State 964 Transportation Trust Fund be first available for 965 appropriation for payments under a service contract 966 before any other purpose; providing exceptions; 967 prohibiting annual debt service on the Florida 968 Department of Transportation Financing Corporation’s 969 bonds payable from moneys appropriated from service 970 contract payments from exceeding $100 million; 971 repealing part III of chapter 343, F.S., relating to 972 the creation and operation of the Northwest Florida 973 Transportation Corridor Authority; amending s. 974 348.754, F.S.; prohibiting the Central Florida 975 Expressway Authority from constructing any extensions, 976 additions, or improvements to the Central Florida 977 Expressway System in Lake County without prior 978 consultation with, rather than consent of, the 979 Secretary of Transportation; reenacting s. 980 318.18(2)(d), F.S., relating to the amount of 981 penalties, to incorporate the amendment made to s. 982 316.126, F.S., in a reference thereto; reenacting s. 983 316.3026(1), F.S., relating to unlawful operation of 984 motor carriers, to incorporate the amendment made to 985 s. 316.70, F.S., in a reference thereto; reenacting s. 986 338.2276, F.S., relating to the Western Beltway 987 turnpike project, to incorporate the amendment made to 988 s. 338.221, F.S., in a reference thereto; dissolving 989 the Northwest Florida Transportation Corridor 990 Authority and requiring the authority to discharge its 991 liabilities, settle and close its activities and 992 affairs, and provide for the distribution of the 993 authority’s assets; providing an effective date.