Bill Text: FL S1184 | 2015 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Department of Highway Safety and Motor Vehicles

Spectrum: Bipartisan Bill

Status: (Failed) 2015-05-01 - Died in Fiscal Policy, companion bill(s) passed, see CS/HB 7055 (Ch. 2015-163) [S1184 Detail]

Download: Florida-2015-S1184-Introduced.html

---

       Florida Senate - 2015                                    SB 1184
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00828D-15                                          20151184__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 112.19, F.S.;
    4         providing that an employer may pay up to a certain
    5         amount directly toward the venue expenses associated
    6         with the funeral and burial services of a law
    7         enforcement, correctional, or correctional probation
    8         officer killed in the line of duty; amending s.
    9         316.228, F.S.; requiring a vehicle with a load that
   10         extends beyond its sides or a certain amount beyond
   11         its rear to display red flags not less than 18 inches
   12         square under certain circumstances; amending s.
   13         320.086, F.S.; requiring the department to issue a
   14         special license plate to the owner of a motor vehicle
   15         manufactured in the model year 1945 or earlier for
   16         such motor vehicle, subject to certain requirements;
   17         requiring the department to issue a special license
   18         plate to the owner of a motor vehicle manufactured in
   19         the model year after 1945 and of the age of 30 years
   20         or more after the model year for such motor vehicle,
   21         subject to certain requirements; amending s. 324.242,
   22         F.S.; requiring the department to release the policy
   23         number of a policy covering a vehicle involved in a
   24         motor vehicle accident to certain persons upon receipt
   25         of a request and proof of a crash report created
   26         pursuant to the laws of another state; requiring the
   27         department to provide personal injury protection and
   28         property damage liability insurance policy numbers to
   29         department-approved third parties that provide data
   30         collection services to certain insurers; requiring an
   31         insurer’s representative, a contracted third party, or
   32         an attorney for a person involved in an accident to
   33         provide the department with documentation confirming
   34         proof of representation prior to the release of
   35         certain policy numbers; authorizing the department to
   36         disclose certain confidential and exempt information
   37         to another governmental entity under certain
   38         circumstances; defining the term “governmental
   39         entity”; reenacting s. 319.23(3)(c), F.S., relating to
   40         application for, and issuance of, certificate of
   41         title, to incorporate the amendment made to s.
   42         320.086, F.S., in a reference thereto; reenacting s.
   43         320.08(2)(a) and (3)(e), F.S., relating to license
   44         taxes, to incorporate the amendment made to s.
   45         320.086, F.S., in a reference thereto; providing an
   46         effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Paragraph (f) of subsection (2) of section
   51  112.19, Florida Statutes, is amended to read:
   52         112.19 Law enforcement, correctional, and correctional
   53  probation officers; death benefits.—
   54         (2)
   55         (f) If a full-time law enforcement, correctional, or
   56  correctional probation officer who is employed by a state agency
   57  is killed in the line of duty as a result of an act of violence
   58  inflicted by another person while the officer is engaged in the
   59  performance of law enforcement duties or as a result of an
   60  assault against the officer under riot conditions:,
   61         1. The sum of $1,000 shall be paid, as provided for in
   62  paragraph (d), toward the funeral and burial expenses of such
   63  officer. Such benefits are in addition to any other benefits
   64  which employee beneficiaries and dependents are entitled to
   65  under the provisions of the Workers’ Compensation Law or any
   66  other state or federal statutes; and
   67         2. The officer’s employer may pay up to $5,000 directly
   68  toward the venue expenses associated with the funeral and burial
   69  services of such officer.
   70         Section 2. Subsection (1) of section 316.228, Florida
   71  Statutes, is amended to read:
   72         316.228 Lamps or flags on projecting load.—
   73         (1) Except as provided in subsection (2), whenever the load
   74  upon any vehicle extends to the rear 4 feet or more beyond the
   75  bed or body of such vehicle, there shall be displayed at the
   76  extreme rear end of the load, at the times specified in s.
   77  316.217, two red lamps visible from a distance of at least 500
   78  feet to the rear, two red reflectors visible at night from all
   79  distances within 600 feet to 100 feet to the rear when directly
   80  in front of lawful lower beams of headlamps and located so as to
   81  indicate maximum width, and on each side one red lamp visible
   82  from a distance of at least 500 feet to the side and located so
   83  as to indicate maximum overhang. There shall be displayed at all
   84  other times on any vehicle having a load which extends beyond
   85  its sides or more than 4 feet beyond its rear, red flags, not
   86  less than 18 12 inches square, marking the extremities of such
   87  load, at each point where a lamp would otherwise be required by
   88  this section. A violation of this section is a noncriminal
   89  traffic infraction punishable as a nonmoving violation as
   90  provided in chapter 318.
   91         Section 3. Subsection (1) and paragraph (a) of subsection
   92  (2) of section 320.086, Florida Statutes, are amended to read:
   93         320.086 Ancient or antique motor vehicles; horseless
   94  carriage, antique, or historical license plates; former military
   95  vehicles.—
   96         (1) The owner of a motor vehicle for private use
   97  manufactured in the model year 1945 or earlier, equipped with an
   98  engine manufactured in 1945 or earlier or manufactured to the
   99  specifications of the original engine, and operated on the
  100  streets and highways of this state shall, upon application in
  101  the manner and at the time prescribed by the department and upon
  102  payment of the license tax for an ancient motor vehicle
  103  prescribed by s. 320.08(1)(d), (2)(a), or (3)(e), be issued a
  104  special license plate for such motor vehicle. The license plate
  105  shall be permanent and valid for use without renewal so long as
  106  the vehicle is in existence. In addition to the payment of all
  107  other fees required by law, the applicant shall pay such fee for
  108  the issuance of the special license plate as may be prescribed
  109  by the department commensurate with the cost of its manufacture.
  110  The registration numbers and special license plates assigned to
  111  such motor vehicles shall run in a separate numerical series,
  112  commencing with “Horseless Carriage No. 1,” and the plates shall
  113  be of a distinguishing color.
  114         (2)(a) The owner of a motor vehicle for private use
  115  manufactured in the model year after 1945 and of the age of 30
  116  years or more after the model year date of manufacture, equipped
  117  with an engine of the age of 30 years or more after the date of
  118  manufacture, and operated on the streets and highways of this
  119  state may, upon application in the manner and at the time
  120  prescribed by the department and upon payment of the license tax
  121  prescribed by s. 320.08(1)(d), (2)(a), or (3)(e), be issued a
  122  special license plate for such motor vehicle. In addition to the
  123  payment of all other fees required by law, the applicant shall
  124  pay the fee for the issuance of the special license plate
  125  prescribed by the department, commensurate with the cost of its
  126  manufacture. The registration numbers and special license plates
  127  assigned to such motor vehicles shall run in a separate
  128  numerical series, commencing with “Antique No. 1,” and the
  129  plates shall be of a distinguishing color. The owner of the
  130  motor vehicle may, upon application and payment of the license
  131  tax prescribed by s. 320.08, be issued a regular Florida license
  132  plate or specialty license plate in lieu of the special
  133  “Antique” license plate.
  134         Section 4. Subsection (2) of section 324.242, Florida
  135  Statutes, is amended, present subsection (3) of that section is
  136  redesignated as subsection (6), and new subsections (3), (4),
  137  and (5) are added to that section, to read:
  138         324.242 Personal injury protection and property damage
  139  liability insurance policies; public records exemption.—
  140         (2) Upon receipt of a written request and proof a copy of a
  141  crash report as required under s. 316.065, s. 316.066, or s.
  142  316.068, or a crash report created pursuant to the laws of
  143  another state, the department shall release the policy number
  144  for a policy covering a vehicle involved in a motor vehicle
  145  accident to:
  146         (a) Any person involved in such accident;
  147         (b) The attorney of any person involved in such accident;
  148  or
  149         (c) A representative of the insurer of any person involved
  150  in such accident.
  151         (3) The department will provide personal injury protection
  152  and property damage liability insurance policy numbers to
  153  department-approved third parties that provide data collection
  154  services to an insurer of any person involved in such accident.
  155         (4) Before the department’s release of a policy number in
  156  accordance with subsection (2) or subsection (3), an insurer’s
  157  representative, a contracted third party, or an attorney for a
  158  person involved in an accident must provide the department with
  159  documentation confirming proof of representation.
  160         (5) Information made confidential and exempt by this
  161  section may be disclosed to another governmental entity without
  162  a written request or copy of the crash report if disclosure is
  163  necessary for the receiving governmental entity to perform its
  164  duties and responsibilities. For purposes of this subsection,
  165  the term “governmental entity” means any federal, state, county,
  166  district, authority, or municipal officer, department, division,
  167  board, bureau, or commission created or established by law.
  168         (6)(3) This exemption applies to personal identifying
  169  information of an insured or former insured and insurance policy
  170  numbers held by the department before, on, or after October 11,
  171  2007.
  172         Section 5. For the purpose of incorporating the amendment
  173  made by this act to section 320.086, Florida Statutes, in a
  174  reference thereto, paragraph (c) of subsection (3) of section
  175  319.23, Florida Statutes, is reenacted to read:
  176         319.23 Application for, and issuance of, certificate of
  177  title.—
  178         (3) If a certificate of title has not previously been
  179  issued for a motor vehicle or mobile home in this state, the
  180  application, unless otherwise provided for in this chapter,
  181  shall be accompanied by a proper bill of sale or sworn statement
  182  of ownership, or a duly certified copy thereof, or by a
  183  certificate of title, bill of sale, or other evidence of
  184  ownership required by the law of the state or county from which
  185  the motor vehicle or mobile home was brought into this state.
  186  The application shall also be accompanied by:
  187         (c) If the vehicle is an ancient or antique vehicle, as
  188  defined in s. 320.086, the application shall be accompanied by a
  189  certificate of title; a bill of sale and a registration; or a
  190  bill of sale and an affidavit by the owner defending the title
  191  from all claims. The bill of sale must contain a complete
  192  vehicle description to include the vehicle identification or
  193  engine number, year make, color, selling price, and signatures
  194  of the seller and purchaser.
  195  
  196  Verification of the vehicle identification number is not
  197  required for any new motor vehicle; any mobile home; any trailer
  198  or semitrailer with a net weight of less than 2,000 pounds; or
  199  any travel trailer, camping trailer, truck camper, or fifth
  200  wheel recreation trailer.
  201         Section 6. For the purpose of incorporating the amendment
  202  made by this act to section 320.086, Florida Statutes, in a
  203  reference thereto, paragraph (a) of subsection (2) and paragraph
  204  (e) of subsection (3) of section 320.08, Florida Statutes, are
  205  reenacted to read:
  206         320.08 License taxes.—Except as otherwise provided herein,
  207  there are hereby levied and imposed annual license taxes for the
  208  operation of motor vehicles, mopeds, motorized bicycles as
  209  defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
  210  and mobile homes, as defined in s. 320.01, which shall be paid
  211  to and collected by the department or its agent upon the
  212  registration or renewal of registration of the following:
  213         (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
  214         (a) An ancient or antique automobile, as defined in s.
  215  320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
  216         (3) TRUCKS.—
  217         (e) An ancient or antique truck, as defined in s. 320.086:
  218  $7.50 flat.
  219         Section 7. This act shall take effect October 1, 2015.