Bill Amendment: FL S7090 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Department of Highway Safety and Motor Vehicles
Status: 2019-05-03 - Died in Appropriations, companion bill(s) passed, see CS/CS/CS/HB 385 (Ch. 2019-169), CS/CS/HB 725 (Ch. 2019-149) [S7090 Detail]
Download: Florida-2019-S7090-Senate_Committee_Substitue_Amendment_841240_Amendment_970424_.html
Bill Title: Department of Highway Safety and Motor Vehicles
Status: 2019-05-03 - Died in Appropriations, companion bill(s) passed, see CS/CS/CS/HB 385 (Ch. 2019-169), CS/CS/HB 725 (Ch. 2019-149) [S7090 Detail]
Download: Florida-2019-S7090-Senate_Committee_Substitue_Amendment_841240_Amendment_970424_.html
Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SPB 7090
Ì841240kÎ841240
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Infrastructure and Security (Lee) recommended
the following:
1 Senate Substitute for Amendment (970424) (with title
2 amendment)
3
4 Delete lines 1304 - 2126
5 and insert:
6 Section 22. Subsections (55) through (101) of section
7 316.003, Florida Statutes, are renumbered as subsections (56)
8 through (102), respectively, present subsection (59) is amended,
9 and a new subsection (55) is added to that section, to read:
10 316.003 Definitions.—The following words and phrases, when
11 used in this chapter, shall have the meanings respectively
12 ascribed to them in this section, except where the context
13 otherwise requires:
14 (55) PLATOON.—A group of no more than two trucks that do
15 not require placards, either laden or unladen, traveling in a
16 unified manner using wireless vehicle-to-vehicle communications
17 that electronically coordinate speeds and following distances of
18 the trucks.
19 (60)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
20 provided in paragraph (82)(b) (81)(b), any privately owned way
21 or place used for vehicular travel by the owner and those having
22 express or implied permission from the owner, but not by other
23 persons.
24 Section 23. Section 316.0896, Florida Statutes, is
25 repealed.
26 Section 24. Section 316.0897, Florida Statutes, is created
27 to read:
28 316.0897 Platoons.—
29 (1) Section 316.0895 does not apply to the operator of a
30 nonlead vehicle in a platoon, as defined in s. 316.003.
31 (2) A platoon may be operated on a roadway in this state
32 after an operator provides notification to the Department of
33 Transportation and the Department of Highway Safety and Motor
34 Vehicles.
35 Section 25. Subsection (5) of section 316.1895, Florida
36 Statutes, is amended to read:
37 316.1895 Establishment of school speed zones, enforcement;
38 designation.—
39 (5)(a) A school zone speed limit may not be less than 15
40 miles per hour except by local regulation. No school zone speed
41 limit shall be more than 20 miles per hour in an urbanized area,
42 as defined in s. 334.03. Such speed limit may be in force only
43 during those times 30 minutes before, during, and 30 minutes
44 after the periods of time when pupils are arriving at a
45 regularly scheduled breakfast program or a regularly scheduled
46 school session and leaving a regularly scheduled school session.
47 (b) A district school board as defined in s. 1003.01(1) may
48 by simple majority vote increase the time a school zone speed
49 limit is in force by an additional 15 minutes before, during,
50 and an additional 15 minutes after the periods of time when
51 pupils are arriving at a regularly scheduled breakfast program
52 or at a regularly scheduled school session and leaving a
53 regularly scheduled school session.
54 Section 26. Subsection (3) of section 316.303, Florida
55 Statutes, is amended to read:
56 316.303 Television receivers.—
57 (3) This section does not prohibit the use of an electronic
58 display used in conjunction with a vehicle navigation system; an
59 electronic display used by an operator of a vehicle equipped
60 with autonomous technology, as defined in s. 316.003(3); or an
61 electronic display used by an operator of a platoon vehicle
62 equipped and operating with driver-assistive truck platooning
63 technology, as defined in s. 316.003.
64 Section 27. Subsection (3) of section 319.40, Florida
65 Statutes, is amended to read:
66 319.40 Transactions by electronic or telephonic means.—
67 (3) The department or tax collector may collect electronic
68 mail addresses or cellular telephone numbers and use electronic
69 mail or text messages in lieu of the United States Postal
70 Service as a method of notification and for the purpose of
71 providing information related to Department of Highway Safety
72 and Motor Vehicles functions in accordance with chapter 119 and
73 pursuant to the federal Driver Privacy Protection Act of 1994,
74 18 U.S.C. ss. 2721 et seq. However, any notice regarding the
75 potential forfeiture or foreclosure of an interest in property
76 must be sent via the United States Postal Service. The provision
77 of electronic mail addresses and cellular telephone numbers by
78 the applicant is optional and, before collection pursuant to
79 this subsection, the department or tax collector shall disclose
80 to the applicant the purposes for which the electronic mail
81 addresses and cellular telephone numbers may be used.
82 Section 28. Subsection (24) of section 320.01, Florida
83 Statutes, is amended to read:
84 320.01 Definitions, general.—As used in the Florida
85 Statutes, except as otherwise provided, the term:
86 (24) “Apportionable vehicle” means any vehicle, except
87 recreational vehicles, vehicles displaying restricted plates,
88 city pickup and delivery vehicles, buses used in transportation
89 of chartered parties, and government-owned vehicles, which is
90 used or intended for use in two or more member jurisdictions
91 that allocate or proportionally register vehicles and which is
92 used for the transportation of persons for hire or is designed,
93 used, or maintained primarily for the transportation of property
94 and:
95 (a) Is a power unit having a gross vehicle weight in excess
96 of 26,000 pounds;
97 (b) Is a power unit having three or more axles, regardless
98 of weight; or
99 (c) Is used in combination, when the weight of such
100 combination exceeds 26,000 pounds gross vehicle weight.
101
102 Vehicles, or combinations thereof, having a gross vehicle weight
103 of 26,000 pounds or less and two-axle vehicles may be
104 proportionally registered.
105 Section 29. Paragraph (b) of subsection (4) of section
106 320.03, Florida Statutes, is amended to read:
107 320.03 Registration; duties of tax collectors;
108 International Registration Plan.—
109 (4)
110 (b) The Florida Real Time Vehicle Information System shall
111 be installed in every tax collector’s and license tag agent’s
112 office in accordance with a schedule established by the
113 department in consultation with the tax collectors and
114 contingent upon funds being made available for the system by the
115 state. For the purpose of enhancing customer services provided
116 by tax collectors acting on behalf of the department, the
117 department, contingent upon an approved request and memorandum
118 of understanding, shall provide tax collectors, and tax
119 collector-approved agents and vendors with real-time access to
120 data that other third parties receive from the department
121 related to vehicle and mobile home registration certificates,
122 registration license plates, and validation stickers, including,
123 but not limited to, the most current address information and
124 electronic mail addresses of applicants. The memorandum of
125 understanding as required under this paragraph may not be more
126 restrictive than any memorandum of understanding between the
127 department and other third-party vendors.
128 Section 30. Paragraph (b) of subsection (1) and subsection
129 (2) of section 320.06, Florida Statutes, are amended to read:
130 320.06 Registration certificates, license plates, and
131 validation stickers generally.—
132 (1)
133 (b)1. Registration license plates bearing a graphic symbol
134 and the alphanumeric system of identification shall be issued
135 for a 10-year period. At the end of the 10-year period, upon
136 renewal, the plate shall be replaced. The department shall
137 extend the scheduled license plate replacement date from a 6
138 year period to a 10-year period. The fee for such replacement is
139 $28, $2.80 of which shall be paid each year before the plate is
140 replaced, to be credited toward the next $28 replacement fee.
141 The fees shall be deposited into the Highway Safety Operating
142 Trust Fund. A credit or refund may not be given for any prior
143 years’ payments of the prorated replacement fee if the plate is
144 replaced or surrendered before the end of the 10-year period,
145 except that a credit may be given if a registrant is required by
146 the department to replace a license plate under s.
147 320.08056(8)(a). With each license plate, a validation sticker
148 shall be issued showing the owner’s birth month, license plate
149 number, and the year of expiration or the appropriate renewal
150 period if the owner is not a natural person. The validation
151 sticker shall be placed on the upper right corner of the license
152 plate. The license plate and validation sticker shall be issued
153 based on the applicant’s appropriate renewal period. The
154 registration period is 12 months, the extended registration
155 period is 24 months, and all expirations occur based on the
156 applicant’s appropriate registration period.
157 2. A vehicle that has an apportioned registration shall be
158 issued an annual license plate and a cab card denoting that
159 denote the declared gross vehicle weight for each apportioned
160 jurisdiction in which the vehicle is authorized to operate. This
161 subparagraph expires January 1, 2023.
162 3. Upon implementation of a new operating system for
163 apportioned vehicle registration, a vehicle registered in
164 accordance with the International Registration Plan must be
165 issued a license plate for a 5-year period, an annual cab card
166 denoting the declared gross vehicle weight for each apportioned
167 jurisdiction, and an annual validation sticker showing the month
168 and year of expiration. The validation sticker must be placed in
169 the center of the license plate. The license plate and
170 validation sticker must be issued based on the applicant’s
171 appropriate renewal period. The registration period is 12
172 months. This fee must be deposited into the Highway Safety
173 Operating Trust Fund. If the license plate is damaged or worn,
174 it may be replaced at no charge by applying to the department
175 and surrendering the current license plate.
176 4.2. In order to retain the efficient administration of the
177 taxes and fees imposed by this chapter, the 80-cent fee increase
178 in the replacement fee imposed by chapter 2009-71, Laws of
179 Florida, is negated as provided in s. 320.0804.
180 (2) The department shall provide the several tax collectors
181 and license plate agents with the necessary number of validation
182 stickers. However, the tax collectors and their agents shall
183 have the option to purchase validation stickers and paper stock
184 that is used to produce vehicle registrations from the
185 department’s contracted vendor or from other vendors if such
186 items meet the department’s specifications and are procured at
187 prices that are at or lower than the pricing reflected in the
188 department’s existing contracts for procuring these items. Such
189 purchases by the tax collectors and their agents are exempt from
190 the competitive bid requirements of chapter 287. The department
191 shall reimburse the tax collectors and their agents for these
192 purchases, but reimbursement may not be made at prices higher
193 than the pricing contained in the department’s existing
194 contract. The tax collectors and their agents shall invoice the
195 department in arrears for the validation stickers and vehicle
196 registrations as they are issued.
197 Section 31. Subsection (5) of section 320.0607, Florida
198 Statutes, is amended to read:
199 320.0607 Replacement license plates, validation decal, or
200 mobile home sticker.—
201 (5) Upon the issuance of an original license plate, the
202 applicant shall pay a fee of $28 to be deposited in the Highway
203 Safety Operating Trust Fund. Upon implementation of a new
204 operating system for apportioned vehicle registrations, this
205 subsection does not apply to a vehicle registered under the
206 International Registration Plan.
207 Section 32. Subsection (10) is added to section 320.131,
208 Florida Statutes, to read:
209 320.131 Temporary tags.—
210 (10) The department may partner with a county tax collector
211 to conduct a Fleet Vehicle Temporary Tag Pilot Program to
212 provide temporary tags to fleet companies to allow them to
213 operate fleet vehicles awaiting a permanent registration and
214 title.
215 (a) The department shall enter into a memorandum of
216 understanding that allows up to 10 companies to participate in
217 the pilot program and to receive multiple temporary tags for
218 company fleet vehicles.
219 (b) To participate in the program, a fleet company must
220 have at least 3,500 fleet vehicles registered in this state
221 which qualify to be registered as fleet vehicles pursuant to s.
222 320.0657.
223 (c) The department, upon the request of an eligible fleet
224 company, may issue up to 50 temporary tags per request to such
225 company.
226 (d) A temporary tag issued under this subsection is for
227 exclusive use on a vehicle purchased for the company’s fleet and
228 may not be used on any other vehicle.
229 (e) Each temporary tag may be used on only one vehicle, and
230 each vehicle may use only one temporary tag.
231 (f) Upon issuance of the vehicle’s permanent license plate
232 and registration, the temporary tag becomes invalid and must be
233 removed from the vehicle and destroyed.
234 (g) Upon a finding by the department that a temporary tag
235 has been misused by a fleet company under the program, the
236 department may terminate the memorandum of understanding with
237 the company, invalidate all temporary tags issued to the company
238 under the program, and require such company to return any unused
239 temporary tags.
240 (h) The issuance of a tag using this method must be
241 reported to the department within 2 business days, not including
242 weekends or state holidays, after the issuance of the tag. The
243 county tax collector shall keep a record of each temporary tag
244 issued. The record must include the date of issuance, tag number
245 issued, vehicle identification number, and vehicle description.
246 (i) This subsection is repealed October 1, 2022, unless
247 saved from repeal through reenactment by the Legislature.
248 Section 33. Paragraph (g) is added to subsection (1) of
249 section 320.27, Florida Statutes, and paragraph (a) of
250 subsection (9) and subsection (11) of that section are amended,
251 to read:
252 320.27 Motor vehicle dealers.—
253 (1) DEFINITIONS.—The following words, terms, and phrases
254 when used in this section have the meanings respectively
255 ascribed to them in this subsection, except where the context
256 clearly indicates a different meaning:
257 (g) “Control person” means any person who has significant
258 authority, directly or indirectly, to direct the management or
259 policies of a company, whether through ownership, by contract,
260 or otherwise. The term includes any person who is an owner,
261 director, general partner, officer, manager, or employee
262 exercising decisionmaking responsibility or exercising similar
263 executive status or functions. The term does not include an
264 employee whose function is only clerical, ministerial, or in
265 sales under the supervision of an owner or manager or other
266 person exercising decisionmaking responsibility.
267 (9) DENIAL, SUSPENSION, OR REVOCATION.—
268 (a) The department may deny a new or renewal application
269 for or, suspend, or revoke any license issued hereunder or under
270 the provisions of s. 320.77 or s. 320.771 upon proof that an
271 applicant or a licensee has:
272 1. Committed fraud or willful misrepresentation in
273 application for or in obtaining a license.
274 2. Been convicted of a felony and has not completed the
275 resulting felony sentence or has completed the felony sentence
276 less than 10 years from the date of licensure application.
277 3. Failed to honor a bank draft or check given to a motor
278 vehicle dealer for the purchase of a motor vehicle by another
279 motor vehicle dealer within 10 days after notification that the
280 bank draft or check has been dishonored. If the transaction is
281 disputed, the maker of the bank draft or check shall post a bond
282 in accordance with the provisions of s. 559.917, and no
283 proceeding for revocation or suspension shall be commenced until
284 the dispute is resolved.
285 4.a. Failed to provide payment within 10 business days to
286 the department for a check payable to the department that was
287 dishonored due to insufficient funds in the amount due plus any
288 statutorily authorized fee for uttering a worthless check. The
289 department shall notify an applicant or licensee when the
290 applicant or licensee makes payment to the department by a check
291 that is subsequently dishonored by the bank due to insufficient
292 funds. The applicant or licensee shall, within 10 business days
293 after receiving the notice, provide payment to the department in
294 the form of cash in the amount due plus any statutorily
295 authorized fee. If the applicant or licensee fails to make such
296 payment within 10 business days, the department may deny,
297 suspend, or revoke the applicant’s or licensee’s motor vehicle
298 dealer license.
299 b. Stopped payment on a check payable to the department,
300 issued a check payable to the department from an account that
301 has been closed, or charged back a credit card transaction to
302 the department. If an applicant or licensee commits any such
303 act, the department may deny, suspend, or revoke the applicant’s
304 or licensee’s motor vehicle dealer license.
305 5.a. Previously owned a majority interest in, or acted as a
306 control person of, a motor vehicle dealer that, within the past
307 10 years, has been the subject of any decision, finding,
308 injunction, suspension, revocation, denial, judgment, or
309 administrative order by any court of competent jurisdiction,
310 administrative law judge, or any state agency which resulted in
311 a finding of violation of any federal or state law relating to
312 unlicensed activity or fraud in connection with the sale of a
313 motor vehicle.
314 b. Knowingly employed or contracted with a person under
315 sub-subparagraph a. or a person who has been convicted of a
316 felony and has not completed the resulting felony sentence or
317 completed the felony sentence less than 10 years from the date
318 of licensure application as a control person.
319 (11) INJUNCTION.—
320 (a) In addition to the remedies provided in this chapter
321 and notwithstanding the existence of any adequate remedy at law,
322 the department is authorized to make application to any circuit
323 court of the state, and such circuit court shall have
324 jurisdiction, upon a hearing and for cause shown, to grant a
325 temporary or permanent injunction, or both, restraining any
326 person from acting as a motor vehicle dealer under the terms of
327 this section without being properly licensed hereunder, from
328 violating or continuing to violate any of the provisions of
329 chapter 319, this chapter, or ss. 559.901-559.9221, or for
330 failing or refusing to comply with the requirements of chapter
331 319, this chapter, or ss. 559.901-559.9221, or any rule or
332 regulation adopted thereunder, such injunction to be issued
333 without bond. A single act in violation of the provisions of
334 chapter 319, this chapter, or chapter 559 shall be sufficient to
335 authorize the issuance of an injunction.
336 (b) If the court grants the injunction, the court may bar,
337 permanently or for a specific time, any person found to have
338 violated any federal or state law relating to unlicensed
339 activity or fraud in connection with the sale of a motor
340 vehicle. A person who is barred by the court under this
341 paragraph may not continue in any capacity within the industry.
342 The person may not have a management, sales, or any other role
343 in the operation of a dealership. Further, if permanently
344 barred, the person may not derive income from the dealership
345 beyond reasonable compensation for the sale of his or her
346 ownership interest in the business.
347 Section 34. Subsection (2) of section 320.8232, Florida
348 Statutes, is amended to read:
349 320.8232 Establishment of uniform standards for used
350 recreational vehicles and repair and remodeling code for mobile
351 homes.—
352 (2) The provisions of the Mobile and Manufactured Home
353 Repair and Remodeling Code shall be a uniform code and repair
354 and remodeling code shall ensure safe and livable housing and
355 shall not be more stringent than those standards required to be
356 met in the manufacture of mobile homes. Such provisions shall
357 include, but not be limited to, standards for structural
358 adequacy, plumbing, heating, electrical systems, and fire and
359 life safety. All repair and remodeling of mobile and
360 manufactured homes shall be done in accordance with department
361 rules.
362 Section 35. Section 320.861, Florida Statutes, is amended
363 to read:
364 320.861 Investigations; subpoenas and other process; oaths;
365 rules Inspection of records; production of evidence; subpoena
366 power.—
367 (1) The department may conduct investigations and
368 examinations on any person suspected of violating or of having
369 violated this chapter or any rule adopted or order issued
370 thereunder inspect the pertinent books, records, letters, and
371 contracts of any licensee, whether dealer or manufacturer,
372 relating to any written complaint made to it against such
373 licensee.
374 (2) For purposes of any investigation or examination
375 conducted under this section, the department may is granted and
376 authorized to exercise the power of subpoena and the powers to
377 administer oaths or affirmations, to examine witnesses, to
378 require affidavits, to take depositions, and to compel the
379 attendance of witnesses and the production of books, papers,
380 documents, records, and other evidence. Such subpoenas may be
381 served by a designated agent of the department for the
382 attendance of witnesses and the production of any documentary
383 evidence necessary to the disposition by it of any written
384 complaint against any licensee, whether dealer or manufacturer.
385 (3) If a person refuses to testify; to produce books,
386 papers, documents, or records; or to otherwise obey the subpoena
387 or subpoena duces tecum issued under subsection (2), the
388 department may petition a court of competent jurisdiction in the
389 county where the person’s residence or principal place of
390 business is located, upon which the court must issue an order
391 requiring such person to obey the subpoena or show cause for
392 failing to obey the subpoena. Unless the person shows sufficient
393 cause for failing to obey the subpoena, the court must direct
394 the person to obey the subpoena. Failure to comply with such
395 order constitutes contempt of court.
396 (4) For the purpose of any investigation, examination, or
397 proceeding initiated by the department under this chapter, the
398 department may designate agents to serve subpoenas and other
399 process and administer oaths or affirmations. The department
400 shall exercise this power on its own initiative in accordance
401 with ss. 320.615 and 320.71.
402 (5) Witnesses subpoenaed under this section are entitled to
403 witness fees at the same rate established by s. 92.142 for
404 witnesses in a civil case, except that witness fees are not
405 payable for appearance at the witness’s place of business during
406 regular business hours or at the witness’s residence.
407 (6) The department may adopt rules to administer this
408 section.
409 Section 36. Subsection (2) of section 320.95, Florida
410 Statutes, is amended to read:
411 320.95 Transactions by electronic or telephonic means.—
412 (2) The department or tax collector may collect electronic
413 mail addresses or cellular telephone numbers and use electronic
414 mail or text messages in lieu of the United States Postal
415 Service for the purpose of providing information related to
416 Department of Highway Safety and Motor Vehicles functions in
417 accordance with chapter 119 and pursuant to the federal Driver
418 Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
419 provision of electronic mail addresses and cellular telephone
420 numbers by the applicant is optional and, before collection
421 pursuant to this subsection, the department or tax collector
422 shall disclose to the applicant the purposes for which the
423 electronic mail addresses and cellular telephone numbers may be
424 used renewal notices.
425 Section 37. Subsection (1) of section 321.05, Florida
426 Statutes, is amended to read:
427 321.05 Duties, functions, and powers of patrol officers.
428 The members of the Florida Highway Patrol are hereby declared to
429 be conservators of the peace and law enforcement officers of the
430 state, with the common-law right to arrest a person who, in the
431 presence of the arresting officer, commits a felony or commits
432 an affray or breach of the peace constituting a misdemeanor,
433 with full power to bear arms; and they shall apprehend, without
434 warrant, any person in the unlawful commission of any of the
435 acts over which the members of the Florida Highway Patrol are
436 given jurisdiction as hereinafter set out and deliver him or her
437 to the sheriff of the county that further proceedings may be had
438 against him or her according to law. In the performance of any
439 of the powers, duties, and functions authorized by law, members
440 of the Florida Highway Patrol have the same protections and
441 immunities afforded other peace officers, which shall be
442 recognized by all courts having jurisdiction over offenses
443 against the laws of this state, and have authority to apply for,
444 serve, and execute search warrants, arrest warrants, capias, and
445 other process of the court. The patrol officers under the
446 direction and supervision of the Department of Highway Safety
447 and Motor Vehicles shall perform and exercise throughout the
448 state the following duties, functions, and powers:
449 (1) To patrol the state highways and regulate, control, and
450 direct the movement of traffic thereon; to maintain the public
451 peace by preventing violence on highways; to apprehend fugitives
452 from justice; to enforce all laws regulating and governing
453 traffic, travel, and public safety upon the public highways and
454 providing for the protection of the public highways and public
455 property thereon, including the security and safety of this
456 state’s transportation infrastructure; to make arrests without
457 warrant for the violation of any state law committed in their
458 presence in accordance with state law; providing that no search
459 may be made unless it is incident to a lawful arrest, to
460 regulate and direct traffic concentrations and congestions; to
461 enforce laws governing the operation, licensing, and taxing and
462 limiting the size, weight, width, length, and speed of vehicles
463 and licensing and controlling the operations of drivers and
464 operators of vehicles, including the safety, size, and weight of
465 commercial motor vehicles; to collect all state fees and
466 revenues levied as an incident to the use or right to use the
467 highways for any purpose, including the taxing and registration
468 of commercial motor vehicles; to require the drivers of vehicles
469 to stop and exhibit their driver licenses, registration cards,
470 or documents required by law to be carried by such vehicles; to
471 investigate traffic crashes accidents, secure testimony of
472 witnesses and of persons involved, and make report thereof with
473 copy, if requested in writing, to any person in interest or his
474 or her attorney; to investigate reported thefts of vehicles; and
475 to seize contraband or stolen property on or being transported
476 on the highways. Each patrol officer of the Florida Highway
477 Patrol is subject to and has the same arrest and other authority
478 provided for law enforcement officers generally in chapter 901
479 and has statewide jurisdiction. Each officer also has arrest
480 authority as provided for state law enforcement officers in s.
481 901.15. This section does not conflict with, but is supplemental
482 to, chapter 933.
483 Section 38. Section 321.065, Florida Statutes, is amended
484 to read:
485 321.065 Traffic crash accident investigation officers;
486 employment; standards.—The department may employ traffic crash
487 accident investigation officers who must complete any applicable
488 standards adopted by the Florida Highway Patrol, including, but
489 not limited to: cognitive testing, drug testing, polygraph
490 testing, psychological testing, and an extensive background
491 check, including a credit check.
492 Section 39. Paragraph (d) of subsection (2) of section
493 321.23, Florida Statutes, is amended to read:
494 321.23 Public records; fees for copies; destruction of
495 obsolete records; photographing records; effect as evidence.—
496 (2) Fees for copies of public records shall be charged and
497 collected as follows:
498 (d) Photographs (crashes accidents, etc.):
499
500 EnlargementProof Color Black &White
501 1. 5″ x 7″ $1.00 $0.75
502 2. 8″ x 10″ $1.50 $1.00
503 3. 11″ x 14″ Not Available $1.75
504 4. 16″ x 20″ Not Available $2.75
505 5. 20″ x 24″ Not Available $3.75
506
507
508 The department shall furnish such information without charge to
509 any local, state, or federal law enforcement agency upon proof
510 satisfactory to the department as to the purpose of the
511 investigation.
512 Section 40. Paragraph (a) of subsection (2) of section
513 322.051, Florida Statutes, is amended to read:
514 322.051 Identification cards.—
515 (2)(a) Every identification card:
516 1. Issued to a person 5 years of age to 14 years of age
517 shall expire, unless canceled earlier, on the fourth birthday of
518 the applicant following the date of original issue.
519 2. Issued to a person 15 years of age and older shall
520 expire, unless canceled earlier, on the eighth birthday of the
521 applicant following the date of original issue.
522
523 Renewal of an identification card shall be made for the
524 applicable term enumerated in this paragraph. Any application
525 for renewal received later than 12 months 90 days after
526 expiration of the identification card shall be considered the
527 same as an application for an original identification card.
528 Section 41. Paragraphs (a) and (b) of subsection (4) of
529 section 322.0602, Florida Statutes, are amended to read:
530 322.0602 Youthful Drunk Driver Visitation Program.—
531 (4) VISITATION REQUIREMENT.—
532 (a) To the extent that personnel and facilities are made
533 available to the court, the court may include a requirement for
534 supervised visitation by the probationer to all, or any, of the
535 following:
536 1. A trauma center, as defined in s. 395.4001, or a
537 hospital as defined in s. 395.002, which regularly receives
538 victims of vehicle crashes accidents, between the hours of 10
539 p.m. and 2 a.m. on a Friday or Saturday night, in order to
540 observe appropriate victims of vehicle crashes accidents
541 involving drinking drivers, under the supervision of any of the
542 following:
543 a. A registered nurse trained in providing emergency trauma
544 care or prehospital advanced life support.
545 b. An emergency room physician.
546 c. An emergency medical technician.
547 2. A licensed service provider, as defined in s. 397.311,
548 which cares for substance abuse impaired persons, to observe
549 persons in the terminal stages of substance abuse impairment,
550 under the supervision of appropriately licensed medical
551 personnel. Prior to any visitation of such terminally ill or
552 disabled persons, the persons or their legal representatives
553 must give their express consent to participate in the visitation
554 program.
555 3. If approved by the county coroner, the county coroner’s
556 office or the county morgue to observe appropriate victims of
557 vehicle crashes accidents involving drinking drivers, under the
558 supervision of the coroner or a deputy coroner.
559 (b) As used in this section, the term “appropriate victims”
560 means victims or their legal representatives, including the next
561 of kin, who have expressly given their consent to participate in
562 the visitation program and victims whose condition is determined
563 by the visitation supervisor to demonstrate the results of
564 crashes accidents involving drinking drivers without being
565 excessively gruesome or traumatic to the probationer.
566 Section 42. Subsection (10) of section 322.08, Florida
567 Statutes, is amended to read:
568 322.08 Application for license; requirements for license
569 and identification card forms.—
570 (10) The department or tax collector may collect electronic
571 mail addresses or cellular telephone numbers and use electronic
572 mail or text messages in lieu of the United States Postal
573 Service for the purpose of providing information related to
574 Department of Highway Safety and Motor Vehicles functions in
575 accordance with chapter 119 and pursuant to the federal Driver
576 Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
577 provision of electronic mail addresses and cellular telephone
578 numbers by the applicant is optional and, before collection
579 pursuant to this subsection, the department or tax collector
580 shall disclose to the applicant the purposes for which the
581 electronic mail addresses and cellular telephone numbers may be
582 used renewal notices.
583 Section 43. Subsection (5) of section 322.091, Florida
584 Statutes, is amended to read:
585 322.091 Attendance requirements.—
586 (5) REPORTING AND ACCOUNTABILITY.—The department shall make
587 available, upon request, a report quarterly to each school
588 district which includes the legal name, sex, date of birth, and
589 social security number of each student whose driving privileges
590 have been suspended under this section.
591 Section 44. Section 322.17, Florida Statutes, is amended to
592 read:
593 322.17 Replacement licenses, identification cards, and
594 permits.—
595 (1)(a) In the event that an instruction permit or driver
596 license issued under the provisions of this chapter is lost or
597 destroyed, the person to whom the same was issued may, upon
598 payment of the appropriate fee pursuant to s. 322.21, obtain a
599 replacement upon furnishing proof satisfactory to the department
600 that such permit or license has been lost or destroyed, and
601 further furnishing the full name, date of birth, sex, residence
602 and mailing address, proof of birth satisfactory to the
603 department, and proof of identity satisfactory to the
604 department.
605 (b) In the event that an instruction permit, or driver
606 license, or identification card issued under the provisions of
607 this chapter is stolen, the person to whom the same was issued
608 may, at no charge, obtain a replacement upon furnishing proof
609 satisfactory to the department that such permit, or license, or
610 identification card was stolen and further furnishing the
611 person’s full name, date of birth, sex, residence and mailing
612 address, proof of birth satisfactory to the department, and
613 proof of identity satisfactory to the department.
614 (2) Upon the surrender of the original license and the
615 payment of the appropriate fees pursuant to s. 322.21, the
616 department shall issue a replacement license to make a change in
617 name, address, or restrictions.
618 (3) Notwithstanding any other provisions of this chapter,
619 if a licensee establishes his or her identity for a driver
620 license using an identification document authorized under s.
621 322.08(2)(c)7. or 8., the licensee may not obtain a duplicate or
622 replacement instruction permit or driver license except in
623 person and upon submission of an identification document
624 authorized under s. 322.08(2)(c)7. or 8.
625 (4) Notwithstanding any other provision of this section or
626 s. 322.21, the department shall, if necessary, issue or renew a
627 replacement driver license at no charge to an inmate if the
628 department determines that he or she has a valid driver license.
629 If the replacement driver license is scheduled to expire within
630 6 months, the department may also issue a temporary permit valid
631 for at least 6 months after the release date.
632 Section 45. Subsection (10) is added to section 322.21,
633 Florida Statutes, to read:
634 322.21 License fees; procedure for handling and collecting
635 fees.—
636 (10) An applicant who submits an application for a renewal
637 or replacement driver license or identification card to the
638 department using a convenience service must be provided with an
639 option for expedited shipping in which the department, at the
640 applicant’s request, must issue the license or identification
641 card within 5 working days after receipt of the application and
642 ship the license or card using an expedited mail service. Fees
643 collected for the expedited shipping option shall be deposited
644 into the Highway Safety Operating Trust Fund.
645 Section 46. Present subsection (8) of section 322.212,
646 Florida Statutes, is redesignated as subsection (9), a new
647 subsection (8) is added to that section, and subsection (5) of
648 that section is amended, to read:
649 322.212 Unauthorized possession of, and other unlawful acts
650 in relation to, driver license or identification card.—
651 (5)(a) It is unlawful for any person to use a false or
652 fictitious name in any application for a driver license or
653 identification card or knowingly to make a false statement,
654 knowingly conceal a material fact, provide altered or
655 counterfeit documents, participate in dishonest or deceptive
656 actions, or otherwise commit a fraud in any such application.
657 (b) It is unlawful for any person to have in his or her
658 possession a driver license or identification card upon which
659 the date of birth has been altered.
660 (c) It is unlawful for any person designated as a sexual
661 predator or sexual offender to have in his or her possession a
662 driver license or identification card upon which the sexual
663 predator or sexual offender markings required by s. 322.141 are
664 not displayed or have been altered.
665 (8) In addition to any other penalties provided by this
666 section, the department shall suspend the license or permit of
667 any person who provides false information when applying for a
668 driver license, identification card, commercial driver license,
669 or commercial learner’s permit or who is convicted of fraud in
670 connection with testing for a driver license, commercial driver
671 license, or commercial learner’s permit for a period of 1 year.
672 Section 47. Section 322.36, Florida Statutes, is amended to
673 read:
674 322.36 Permitting unauthorized operator to drive.—A person
675 may not authorize or knowingly permit a motor vehicle owned by
676 him or her or under his or her dominion or control to be
677 operated upon any highway or public street except by a person
678 who is duly authorized to operate a motor vehicle under this
679 chapter. Any person who violates this section commits a
680 misdemeanor of the second degree, punishable as provided in s.
681 775.082 or s. 775.083. If a person violates this section by
682 knowingly loaning a vehicle to a person whose driver license is
683 suspended and if that vehicle is involved in a crash an accident
684 resulting in bodily injury or death, the driver license of the
685 person violating this section shall be suspended for 1 year.
686 Section 48. Subsection (1) of section 322.61, Florida
687 Statutes, is amended to read:
688 322.61 Disqualification from operating a commercial motor
689 vehicle.—
690 (1) A person who, for offenses occurring within a 3-year
691 period, is convicted of two of the following serious traffic
692 violations or any combination thereof, arising in separate
693 incidents committed in a commercial motor vehicle shall, in
694 addition to any other applicable penalties, be disqualified from
695 operating a commercial motor vehicle for a period of 60 days. A
696 holder of a commercial driver license or commercial learner’s
697 permit who, for offenses occurring within a 3-year period, is
698 convicted of two of the following serious traffic violations, or
699 any combination thereof, arising in separate incidents committed
700 in a noncommercial motor vehicle shall, in addition to any other
701 applicable penalties, be disqualified from operating a
702 commercial motor vehicle for a period of 60 days if such
703 convictions result in the suspension, revocation, or
704 cancellation of the licenseholder’s driving privilege:
705 (a) A violation of any state or local law relating to motor
706 vehicle traffic control, other than a parking violation, arising
707 in connection with a crash resulting in death.;
708 (b) Reckless driving, as defined in s. 316.192.;
709 (c) Unlawful speed of 15 miles per hour or more above the
710 posted speed limit.;
711 (d) Improper lane change, as defined in s. 316.085.;
712 (e) Following too closely, as defined in s. 316.0895.;
713 (f) Driving a commercial vehicle without obtaining a
714 commercial driver license.;
715 (g) Driving a commercial vehicle without the proper class
716 of commercial driver license or commercial learner’s permit or
717 without the proper endorsement.; or
718 (h) Driving a commercial vehicle without a commercial
719 driver license or commercial learner’s permit in possession, as
720 required by s. 322.03.
721 (i) Texting while driving a commercial motor vehicle as
722 prohibited by 49 C.F.R. 392.80.
723 (j) Using a hand-held mobile telephone while driving a
724 commercial motor vehicle, as prohibited by 49 C.F.R 392.82.
725 Section 49. Section 322.71, Florida Statutes, is created to
726 read:
727 322.71 Investigations; subpoenas and other process; oaths;
728 rules.—
729 (1) The department may conduct investigations and
730 examinations on any person suspected of violating or of having
731 violated any provision of this chapter or any rule adopted or
732 order issued under this chapter.
733 (2) For purposes of any investigation or examination
734 conducted under this section, the department may exercise the
735 power of subpoena and the powers to administer oaths or
736 affirmations, to examine witnesses, to require affidavits, to
737 take depositions, and to compel the attendance of witnesses and
738 the production of books, papers, documents, records, and other
739 evidence. Such subpoenas may be served by an authorized
740 representative of the department.
741 (3) If a person refuses to testify; to produce books,
742 papers, documents, or records; or to otherwise obey the subpoena
743 or subpoena duces tecum issued under subsection (2), the
744 department may petition a court of competent jurisdiction in the
745 county where the person’s residence or principal place of
746 business is located, upon which the court must issue an order
747 requiring such person to obey the subpoena or show cause for
748 failing to obey the subpoena. Unless the person shows sufficient
749 cause for failing to obey the subpoena, the court must direct
750 the person to obey the subpoena. Failure to comply with such
751 order constitutes contempt of court.
752 (4) For the purpose of any investigation, examination, or
753 proceeding initiated by the department under this chapter, the
754 department may designate agents to serve subpoenas and other
755 process and administer oaths or affirmations.
756 (5) Witnesses subpoenaed under this section are entitled to
757 witness fees at the same rate established by s. 92.142 for
758 witnesses in a civil case, except that witness fees are not
759 payable for appearance at the witness’s place of business during
760 regular business hours or at the witness’s residence.
761 (6) The department may adopt rules to administer this
762 section.
763 Section 50. Subsection (4) of section 323.001, Florida
764 Statutes, is amended to read:
765 323.001 Wrecker operator storage facilities; vehicle
766 holds.—
767 (4) The requirements for a written hold apply when the
768 following conditions are present:
769 (a) The officer has probable cause to believe the vehicle
770 should be seized and forfeited under the Florida Contraband
771 Forfeiture Act, ss. 932.701-932.7062;
772 (b) The officer has probable cause to believe the vehicle
773 should be seized and forfeited under chapter 379;
774 (c) The officer has probable cause to believe the vehicle
775 was used as the means of committing a crime;
776 (d) The officer has probable cause to believe that the
777 vehicle is itself evidence that tends to show that a crime has
778 been committed or that the vehicle contains evidence, which
779 cannot readily be removed, which tends to show that a crime has
780 been committed;
781 (e) The officer has probable cause to believe the vehicle
782 was involved in a traffic crash accident resulting in death or
783 personal injury and should be sealed for investigation and
784 collection of evidence by a vehicular homicide investigator;
785 (f) The vehicle is impounded or immobilized pursuant to s.
786 316.193 or s. 322.34; or
787 (g) The officer is complying with a court order.
788 Section 51. Paragraph (c) of subsection (1), paragraph (c)
789 of subsection (2), and subsection (4) of section 323.002,
790 Florida Statutes, are amended to read:
791 323.002 County and municipal wrecker operator systems;
792 penalties for operation outside of system.—
793 (1) As used in this section, the term:
794 (c) “Wrecker operator system” means a system for the towing
795 or removal of wrecked, disabled, or abandoned vehicles, similar
796 to the Florida Highway Patrol wrecker operator system described
797 in s. 321.051(2), under which a county or municipality contracts
798 with one or more wrecker operators for the towing or removal of
799 wrecked, disabled, or abandoned vehicles from crash accident
800 scenes, streets, or highways. A wrecker operator system shall
801 include using a method for apportioning the towing assignments
802 among the eligible wrecker operators through the creation of
803 geographic zones, a rotation schedule, or a combination of these
804 methods.
805 (2) In any county or municipality that operates a wrecker
806 operator system:
807 (c) When an unauthorized wrecker operator drives by the
808 scene of a wrecked or disabled vehicle and the owner or operator
809 initiates contact by signaling the wrecker operator to stop and
810 provide towing services, the unauthorized wrecker operator must
811 disclose in writing to the owner or operator of the vehicle his
812 or her full name and driver license number, that he or she is
813 not the authorized wrecker operator who has been designated as
814 part of the wrecker operator system, that the motor vehicle is
815 not being towed for the owner’s or operator’s insurance company
816 or lienholder, whether he or she has in effect an insurance
817 policy providing at least $300,000 of liability insurance and at
818 least $50,000 of on-hook cargo insurance, and the maximum
819 charges for towing and storage which will apply before the
820 vehicle is connected to the towing apparatus. The unauthorized
821 wrecker operator must also provide a copy of the disclosure to
822 the owner or operator in the presence of a law enforcement
823 officer if such officer is at the scene of a motor vehicle crash
824 accident. Any person who violates this paragraph commits a
825 misdemeanor of the second degree, punishable as provided in s.
826 775.082 or s. 775.083, and the person’s wrecker, tow truck, or
827 other motor vehicle that was used during the offense may be
828 immediately removed and impounded pursuant to subsection (3).
829 (4) This section does not prohibit, or in any way prevent,
830 the owner or operator of a vehicle involved in a crash an
831 accident or otherwise disabled from contacting any wrecker
832 operator for the provision of towing services, whether the
833 wrecker operator is an authorized wrecker operator or not.
834 Section 52. Section 324.011, Florida Statutes, is amended
835 to read:
836 324.011 Purpose of chapter.—It is the intent of this
837 chapter to recognize the existing privilege to own or operate a
838 motor vehicle on the public streets and highways of this state
839 when such vehicles are used with due consideration for others
840 and their property, and to promote safety and provide financial
841 security requirements for such owners or operators whose
842 responsibility it is to recompense others for injury to person
843 or property caused by the operation of a motor vehicle.
844 Therefore, it is required herein that the operator of a motor
845 vehicle involved in a crash or convicted of certain traffic
846 offenses meeting the operative provisions of s. 324.051(2) shall
847 respond for such damages and show proof of financial ability to
848 respond for damages in future crashes accidents as a requisite
849 to his or her future exercise of such privileges.
850 Section 53. Subsection (1) of section 324.022, Florida
851 Statutes, is amended to read:
852 324.022 Financial responsibility for property damage.—
853 (1) Every owner or operator of a motor vehicle required to
854 be registered in this state shall establish and maintain the
855 ability to respond in damages for liability on account of
856 crashes accidents arising out of the use of the motor vehicle in
857 the amount of $10,000 because of damage to, or destruction of,
858 property of others in any one crash. The requirements of this
859 section may be met by one of the methods established in s.
860 324.031; by self-insuring as authorized by s. 768.28(16); or by
861 maintaining an insurance policy providing coverage for property
862 damage liability in the amount of at least $10,000 because of
863 damage to, or destruction of, property of others in any one
864 crash accident arising out of the use of the motor vehicle. The
865 requirements of this section may also be met by having a policy
866 which provides coverage in the amount of at least $30,000 for
867 combined property damage liability and bodily injury liability
868 for any one crash arising out of the use of the motor vehicle.
869 The policy, with respect to coverage for property damage
870 liability, must meet the applicable requirements of s. 324.151,
871 subject to the usual policy exclusions that have been approved
872 in policy forms by the Office of Insurance Regulation. No
873 insurer shall have any duty to defend uncovered claims
874 irrespective of their joinder with covered claims.
875 Section 54. Section 324.023, Florida Statutes, is amended
876 to read:
877 324.023 Financial responsibility for bodily injury or
878 death.—In addition to any other financial responsibility
879 required by law, every owner or operator of a motor vehicle that
880 is required to be registered in this state, or that is located
881 within this state, and who, regardless of adjudication of guilt,
882 has been found guilty of or entered a plea of guilty or nolo
883 contendere to a charge of driving under the influence under s.
884 316.193 after October 1, 2007, shall, by one of the methods
885 established in s. 324.031(1) or (2), establish and maintain the
886 ability to respond in damages for liability on account of
887 crashes accidents arising out of the use of a motor vehicle in
888 the amount of $100,000 because of bodily injury to, or death of,
889 one person in any one crash and, subject to such limits for one
890 person, in the amount of $300,000 because of bodily injury to,
891 or death of, two or more persons in any one crash and in the
892 amount of $50,000 because of property damage in any one crash.
893 If the owner or operator chooses to establish and maintain such
894 ability by furnishing a certificate of deposit pursuant to s.
895 324.031(2), such certificate of deposit must be at least
896 $350,000. Such higher limits must be carried for a minimum
897 period of 3 years. If the owner or operator has not been
898 convicted of driving under the influence or a felony traffic
899 offense for a period of 3 years from the date of reinstatement
900 of driving privileges for a violation of s. 316.193, the owner
901 or operator shall be exempt from this section.
902 Section 55. Paragraph (b) of subsection (1) and paragraph
903 (a) of subsection (2) of section 324.051, Florida Statutes, are
904 amended to read:
905 324.051 Reports of crashes; suspensions of licenses and
906 registrations.—
907 (1)
908 (b) The department is hereby further authorized to require
909 reports of crashes from individual owners or operators whenever
910 it deems it necessary for the proper administration of this
911 chapter, and these reports shall be made without prejudice
912 except as specified in this subsection. No such report shall be
913 used as evidence in any trial arising out of a crash. However,
914 subject to the applicable rules of evidence, a law enforcement
915 officer at a criminal trial may testify as to any statement made
916 to the officer by the person involved in the crash accident if
917 that person’s privilege against self-incrimination is not
918 violated.
919 (2)(a) Thirty days after receipt of notice of any crash
920 accident described in paragraph (1)(a) involving a motor vehicle
921 within this state, the department shall suspend, after due
922 notice and opportunity to be heard, the license of each operator
923 and all registrations of the owner of the vehicles operated by
924 such operator whether or not involved in such crash and, in the
925 case of a nonresident owner or operator, shall suspend such
926 nonresident’s operating privilege in this state, unless such
927 operator or owner shall, prior to the expiration of such 30
928 days, be found by the department to be exempt from the operation
929 of this chapter, based upon evidence satisfactory to the
930 department that:
931 1. The motor vehicle was legally parked at the time of such
932 crash.
933 2. The motor vehicle was owned by the United States
934 Government, this state, or any political subdivision of this
935 state or any municipality therein.
936 3. Such operator or owner has secured a duly acknowledged
937 written agreement providing for release from liability by all
938 parties injured as the result of said crash and has complied
939 with one of the provisions of s. 324.031.
940 4. Such operator or owner has deposited with the department
941 security to conform with s. 324.061 when applicable and has
942 complied with one of the provisions of s. 324.031.
943 5. One year has elapsed since such owner or operator was
944 suspended pursuant to subsection (3), the owner or operator has
945 complied with one of the provisions of s. 324.031, and no bill
946 of complaint of which the department has notice has been filed
947 in a court of competent jurisdiction.
948
949 No such policy or bond shall be effective under this subsection
950 unless it contains limits of not less than those specified in s.
951 324.021(7).
952 Section 56. Subsections (2), (3), and (4) of section
953 324.242, Florida Statutes, are amended to read:
954 324.242 Personal injury protection and property damage
955 liability insurance policies; public records exemption.—
956 (2) Upon receipt of a request and proof of a crash report
957 as required under s. 316.065, s. 316.066, or s. 316.068, or a
958 crash report created pursuant to the laws of another state, the
959 department shall release the policy number for a policy covering
960 a vehicle involved in a motor vehicle crash accident to:
961 (a) Any person involved in such crash accident;
962 (b) The attorney of any person involved in such crash
963 accident; or
964 (c) A representative of the insurer of any person involved
965 in such crash accident.
966 (3) The department shall provide personal injury protection
967 and property damage liability insurance policy numbers to
968 department-approved third parties that provide data collection
969 services to an insurer of any person involved in such crash
970 accident.
971 (4) Before the department’s release of a policy number in
972 accordance with subsection (2) or subsection (3), an insurer’s
973 representative, a contracted third party, or an attorney for a
974 person involved in a crash an accident must provide the
975 department with documentation confirming proof of
976 representation.
977 Section 57. Section 328.30, Florida Statutes, is amended to
978 read:
979 328.30 Transactions by electronic or telephonic means.—
980 (1) The Department of Highway Safety and Motor Vehicles may
981 accept any application provided for under this part chapter by
982 electronic or telephonic means.
983 (2) The department may issue an electronic certificate of
984 title in lieu of printing a paper title.
985 (3) The department or tax collector may collect electronic
986 mail addresses or cellular telephone numbers and use electronic
987 mail or text messages in lieu of the United States Postal
988 Service for the purpose of providing information related to
989 Department of Highway Safety and Motor Vehicles functions in
990 accordance with chapter 119 and pursuant to the federal Driver
991 Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
992 provision of electronic mail addresses and cellular telephone
993 numbers by the applicant is optional and, before collection
994 pursuant to this subsection, the department or tax collector
995 shall disclose to the applicant the purposes for which the
996 electronic mail addresses and cellular telephone numbers may be
997 used renewal notices.
998 Section 58. Subsection (3) of section 328.40, Florida
999 Statutes, is amended to read:
1000 328.40 Administration of vessel registration and titling
1001 laws; records.—
1002 (3) All records made or kept by the Department of Highway
1003 Safety and Motor Vehicles under this part are subject to
1004 inspection and copying as provided in chapter 119 law are public
1005 records except for confidential reports.
1006 Section 59. Subsection (1) of section 328.73, Florida
1007 Statutes, is amended to read:
1008 328.73 Registration; duties of tax collectors.—
1009 (1) The tax collectors in the counties of the state, as
1010 authorized agents of the department, shall issue registration
1011 certificates and vessel numbers and decals to applicants,
1012 subject to the requirements of law and in accordance with rules
1013 of the department. For the purpose of enhancing customer
1014 services provided by tax collectors acting on behalf of the
1015 department, the department, contingent upon an approved request
1016 and memorandum of understanding, shall provide tax collectors,
1017 and tax collector-approved agents and vendors with real-time
1018 access to data that other third parties receive from the
1019 department related to registration certificates and vessel
1020 numbers and decals, including, but not limited to, the most
1021 current address information and electronic mail addresses of
1022 applicants. The memorandum of understanding as required under
1023 this paragraph may not be more restrictive than any memorandum
1024 of understanding between the department and other third-party
1025 vendors.
1026 Section 60. Section 328.80, Florida Statutes, is amended to
1027 read:
1028 328.80 Transactions by electronic or telephonic means.—
1029 (1) The Department of Highway Safety and Motor Vehicles
1030 commission is authorized to accept any application provided for
1031 under this part chapter by electronic or telephonic means.
1032 (2) The department or tax collector may collect electronic
1033 mail addresses or cellular telephone numbers and use electronic
1034 mail or text messages in lieu of the United States Postal
1035 Service for the purpose of providing information related to
1036 Department of Highway Safety and Motor Vehicles functions in
1037 accordance with chapter 119 and pursuant to the federal Driver
1038 Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
1039 provision of electronic mail addresses and cellular telephone
1040 numbers by the applicant is optional and, before collection
1041 pursuant to this subsection, the department or tax collector
1042 shall disclose to the applicant the purposes for which the
1043 electronic mail addresses and cellular telephone numbers may be
1044 used.
1045
1046 ================= T I T L E A M E N D M E N T ================
1047 And the title is amended as follows:
1048 Delete lines 102 - 229
1049 and insert:
1050 certain rules; amending s. 316.003, F.S.; defining the
1051 term “platoon”; conforming a cross-reference;
1052 repealing s. 316.0896, F.S., relating to the assistive
1053 truck platooning technology pilot project; creating s.
1054 316.0897, F.S.; exempting the operator of a nonlead
1055 vehicle in a platoon from provisions relating to
1056 following too closely; authorizing a platoon to be
1057 operated on a roadway in this state after an operator
1058 provides notification to the Department of
1059 Transportation and the Department of Highway Safety
1060 and Motor Vehicles; amending s. 316.1895, F.S.;
1061 authorizing a district school board by simple majority
1062 vote to increase the time a school zone speed limit is
1063 in force under certain circumstances; amending s.
1064 316.303, F.S.; exempting an operator of a certain
1065 platoon vehicle from the prohibition on the active
1066 display of television or video; amending s. 319.40,
1067 F.S.; authorizing the department or a tax collector to
1068 collect electronic mail addresses or cellular
1069 telephone numbers and to use them for certain
1070 purposes; providing that electronic mail addresses and
1071 cellular telephone numbers may be provided at the
1072 option of the applicant; requiring the department or a
1073 tax collector to disclose to the applicant the
1074 purposes for which the electronic mail addresses and
1075 cellular telephone numbers may be used; amending s.
1076 320.01, F.S.; redefining the term “apportionable
1077 vehicle”; amending s. 320.03, F.S.; authorizing the
1078 department, under certain circumstances, to provide
1079 tax collectors and certain agents and vendors with
1080 certain real-time access to data related to vehicle
1081 and mobile home registration certificates,
1082 registration license plates, and validation stickers;
1083 providing requirements for a certain memorandum of
1084 understanding; amending s. 320.06, F.S.; providing for
1085 future repeal of requirements for vehicles that have
1086 apportioned registrations; providing requirements for
1087 certain vehicles that have apportioned registrations
1088 upon implementation of a certain operating system;
1089 requiring that the fee be deposited into the Highway
1090 Safety Operating Trust Fund; authorizing certain
1091 license plates to be replaced at no charge; providing
1092 tax collectors and their agents the option to purchase
1093 validation stickers and paper stock that is used to
1094 produce vehicle registrations from vendors under
1095 certain circumstances; exempting such purchases from
1096 certain competitive bid requirements; requiring the
1097 department to reimburse the tax collectors and their
1098 agents for such purchases, subject to certain
1099 restrictions; requiring the tax collectors and their
1100 agents to invoice the department in arrears for the
1101 validation stickers and vehicle registrations as they
1102 are issued; amending s. 320.0607, F.S.; providing
1103 applicability; amending s. 320.131, F.S.; authorizing
1104 the department to partner with a county tax collector
1105 to conduct a Fleet Vehicle Temporary Tag Pilot Program
1106 for certain purposes; providing program requirements;
1107 providing for future repeal; amending s. 320.27, F.S.;
1108 defining the term “control person”; authorizing the
1109 department to deny a new or renewal application for,
1110 or suspend or revoke, certain dealer licenses under
1111 certain circumstances; authorizing the court to bar a
1112 person from acting as a motor vehicle dealer under
1113 certain circumstances, subject to certain
1114 requirements; amending s. 320.8232, F.S.; requiring
1115 the Mobile and Manufactured Home Repair and Remodeling
1116 Code to be a uniform code; providing specified
1117 standards for provisions of the code; requiring all
1118 repair and remodeling of mobile and manufactured homes
1119 to be done in accordance with department rules;
1120 amending s. 320.861, F.S.; authorizing the department
1121 to conduct investigations and examinations of persons
1122 suspected of violating or of having violated certain
1123 laws, rules, or orders relating to motor vehicle
1124 licenses; proving additional powers related to such
1125 investigations and examinations; requiring a court to
1126 take specified actions under certain circumstances;
1127 providing for witness fees; authorizing the department
1128 to adopt certain rules; amending s. 320.95, F.S.;
1129 authorizing the department or a tax collector to
1130 collect electronic mail addresses or cellular
1131 telephone numbers and to use electronic mail or text
1132 messages for certain purposes; providing that
1133 electronic mail addresses and cellular telephone
1134 numbers may be provided at the option of the
1135 applicant; requiring the department or a tax collector
1136 to disclose to the applicant the purposes for which
1137 the electronic mail addresses and cellular telephone
1138 numbers may be used; amending s. 321.05, F.S.;
1139 authorizing certain patrol officers to investigate
1140 traffic crashes; amending s. 321.065, F.S.;
1141 authorizing the department to employ certain traffic
1142 crash investigation officers; amending s. 321.23,
1143 F.S.; revising certain public records photographs to
1144 include crashes; amending s. 322.051, F.S.; extending
1145 the period after which a renewal application for an
1146 identification card is considered the same as an
1147 original application; amending s. 322.0602, F.S.;
1148 authorizing courts to include a requirement for
1149 supervised visitation under the Youthful Drunk Driver
1150 Visitation Program at trauma centers that regularly
1151 receive victims of vehicle crashes; conforming
1152 provisions to changes made by the act; amending s.
1153 322.08, F.S.; authorizing the department or a tax
1154 collector to collect electronic mail addresses or
1155 cellular telephone numbers and use electronic mail or
1156 text messages for certain purposes; providing that
1157 electronic mail addresses and cellular telephone
1158 numbers may be provided at the option of the
1159 applicant; requiring the department or a tax collector
1160 to disclose to the applicant the purposes for which
1161 the electronic mail addresses and cellular telephone
1162 numbers may be used; amending s. 322.091, F.S.;
1163 requiring that the department make available, upon
1164 request, a report that includes specific information
1165 for students whose driving privileges have been
1166 suspended; amending s. 322.17, F.S.; authorizing
1167 stolen identification cards to be replaced at no
1168 charge under certain circumstances; amending s.
1169 322.21, F.S.; providing for expedited shipping for the
1170 renewal or replacement driver licenses or
1171 identification cards under certain circumstances,
1172 subject to certain requirements; requiring that the
1173 fee be deposited into the Highway Safety Operating
1174 Trust Fund; amending s. 322.212, F.S.; prohibiting a
1175 person from providing altered or counterfeit documents
1176 or participating in dishonest or deceptive actions in
1177 any application for a driver license or identification
1178 card; providing for the suspension of specified
1179 licenses or permits for specified periods under
1180 certain circumstances; providing construction;
1181 amending s. 322.36, F.S.; providing for suspension of
1182 license for loaning a vehicle to a person whose
1183 license is suspended if such vehicle is involved in
1184 certain crashes; amending s. 322.61, F.S.; adding
1185 violations for disqualification from operating a
1186 commercial motor vehicle; creating s. 322.71, F.S.;
1187 authorizing the department to conduct investigations
1188 and examinations of persons suspected of violating or
1189 of having violated certain laws, rules, or orders
1190 relating to motor vehicle licenses; providing
1191 additional powers related to such investigations and
1192 examinations; requiring a court to take specified
1193 actions under certain circumstances; providing for
1194 witness fees; authorizing the department to adopt
1195 certain rules; amending s. 323.001, F.S.; providing
1196 that the requirements for a certain written hold on a
1197 motor vehicle apply when an officer has probable cause
1198 to believe the vehicle was involved in a certain
1199 traffic crash; amending s. 323.002, F.S.; revising the
1200 term “wrecker operator system” to include wrecker
1201 operators removing vehicles from crash scenes under
1202 certain circumstances; requiring that an unauthorized
1203 wrecker operator provide a copy of a certain
1204 disclosure to the owner or operator of a vehicle in
1205 the presence of a law enforcement officer if such
1206 officer is at the scene of a motor vehicle crash;
1207 revising applicability to include vehicles involved in
1208 a crash, rather than an accident; amending s. 324.011,
1209 F.S.; requiring that certain operators of motor
1210 vehicles involved in a crash or convicted of certain
1211 traffic offenses show proof of financial ability to
1212 respond for damages in future crashes; amending s.
1213 324.022, F.S.; requiring that a certain owner or
1214 operator of a motor vehicle establish and maintain the
1215 ability to respond in damages for liability on account
1216 of certain crashes; conforming a provision to changes
1217 made by the act; amending s. 324.023, F.S.; requiring
1218 that a certain owner or operator of a motor vehicle
1219 establish and maintain the ability to respond in
1220 damages for liability on account of certain crashes;
1221 amending s. 324.051, F.S.; authorizing a law
1222 enforcement officer at a criminal trial to testify as
1223 to any statement made to the officer by the person
1224 involved in a crash under certain circumstances;
1225 providing for certain suspensions of license,
1226 registration, and operating privileges after notice of
1227 a certain crash; amending s. 324.242, F.S.; requiring
1228 that the department release a policy number for a
1229 policy covering a vehicle involved in a motor vehicle
1230 crash under certain circumstances; conforming
1231 provisions to changes made by the act; amending s.
1232 328.30, F.S.; authorizing the department to accept
1233 certain applications by electronic or telephonic
1234 means; authorizing the department or a tax collector
1235 to collect electronic mail addresses or cellular
1236 telephone numbers and to use electronic mail or text
1237 messages for certain purposes; providing that
1238 electronic mail addresses and cellular telephone
1239 numbers may be provided at the option of the
1240 applicant; requiring the department or a tax collector
1241 to disclose to the applicant the purposes for which
1242 the electronic mail addresses and cellular telephone
1243 numbers may be used; amending s. 328.40, F.S.;
1244 providing that certain records made or kept by the
1245 department are subject to certain inspection and
1246 copying requirements; amending s. 328.73, F.S.;
1247 requiring the department, under certain circumstances,
1248 to provide tax collectors and certain agents and
1249 vendors with certain real-time access to data related
1250 to registration certificates and vessel numbers and
1251 decals; providing requirements for a certain
1252 memorandum of understanding; amending s. 328.80, F.S.;
1253 authorizing the department to accept certain
1254 applications by electronic or telephonic means;
1255 authorizing the department or a tax collector to
1256 collect electronic mail addresses or cellular
1257 telephone numbers and to use electronic mail or text
1258 messages for certain purposes; providing that
1259 electronic mail addresses and cellular telephone
1260 numbers may be provided at the option of an applicant;
1261 requiring the department or tax collector to disclose
1262 to an applicant the purposes for which the electronic
1263 mail addresses and cellular telephone numbers may be
1264 used; amending s. 627.7415,
