Bill Text: FL S1500 | 2021 | Regular Session | Comm Sub
Bill Title: Transportation
Spectrum: Bipartisan Bill
Status: (Failed) 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-Comm_Sub.html
Florida Senate - 2021 CS for SB 1500 By the Committee on Transportation; and Senator Harrell 596-02658-21 20211500c1 1 A bill to be entitled 2 An act relating to transportation; amending s. 3 316.126, F.S.; requiring drivers to change lanes when 4 approaching a road and bridge maintenance or 5 construction vehicle displaying warning lights on the 6 roadside; amending s. 316.3045, F.S.; revising 7 provisions relating to the operation of radios or 8 other soundmaking devices in vehicles; deleting a 9 standard for determining prohibited sound levels; 10 deleting an exception for vehicles operated for 11 business or political purposes; authorizing local 12 authorities to regulate the place where such 13 soundmaking devices may be operated; amending s. 14 316.305, F.S.; deleting obsolete language; amending s. 15 316.70, F.S.; providing that owners and drivers of 16 nonpublic sector buses operated on public highways of 17 this state are subject to specified provisions of law; 18 authorizing the Department of Highway Safety and Motor 19 Vehicles to conduct compliance reviews for a specified 20 purpose; revising civil penalties; authorizing certain 21 law enforcement officers and appointed agents to 22 require drivers of commercial vehicles to submit to an 23 inspection of the vehicle and the driver’s records; 24 authorizing such officers and agents to require the 25 vehicle and driver to be removed from service under 26 specified conditions; authorizing such officers and 27 agents to give written notice; creating s. 319.1414, 28 F.S.; authorizing the department to conduct 29 investigations and examinations of department 30 authorized private rebuilt inspection providers; 31 authorizing the department to exercise certain powers 32 when conducting such investigations and examinations; 33 authorizing the department to petition a court if a 34 person refuses to testify, produce materials, or obey 35 a subpoena or subpoena duces tecum; requiring the 36 court to issue an order; requiring such person to obey 37 the subpoena or show cause for failing to obey the 38 subpoena; providing a penalty for a person who fails 39 to comply with the court’s order; authorizing the 40 department to designate agents for specified purposes; 41 providing that subpoenaed witnesses are entitled to 42 witness fees; providing exceptions; authorizing the 43 department to adopt rules; amending s. 319.25, F.S.; 44 authorizing the department to conduct investigations 45 and examinations relating to violations of provisions 46 relating to title certificates; authorizing the 47 department to exercise certain powers when conducting 48 such investigations and examinations; authorizing the 49 department to petition a court if a person refuses to 50 testify, produce materials, or obey a subpoena or 51 subpoena duces tecum; requiring the court to issue an 52 order; requiring such person to obey the subpoena or 53 show cause for failing to obey the subpoena; providing 54 a penalty for a person who fails to comply with the 55 court’s order; authorizing the department to designate 56 agents for specified purposes; providing that 57 subpoenaed witnesses are entitled to witness fees; 58 providing exceptions; authorizing the department to 59 adopt rules; amending s. 319.30, F.S.; revising 60 conditions under which insurance companies are 61 authorized to receive salvage certificates of title or 62 certificates of destruction for motor vehicles and 63 mobile homes from the department; amending s. 320.27, 64 F.S.; requiring motor vehicle dealer licensees to 65 deliver copies of renewed, continued, changed, or new 66 insurance policies to the department within specified 67 timeframes under certain conditions; requiring such 68 licensees to deliver copies of renewed, continued, 69 changed, or new surety bonds or irrevocable letters of 70 credit to the department within specified timeframes 71 under certain conditions; amending s. 320.77, F.S.; 72 requiring mobile home dealer licensees to deliver 73 copies of renewed, continued, changed, or new surety 74 bonds, cash bonds, or irrevocable letters of credit to 75 the department within specified timeframes under 76 certain conditions; amending s. 320.771, F.S.; 77 revising requirements for applications for licenses 78 required of recreational vehicle dealers; requiring 79 recreational vehicle dealer licensees to deliver 80 copies of renewed, continued, changed, or new 81 insurance policies to the department within specified 82 timeframes under certain conditions; requiring such 83 licensees to deliver copies of renewed, continued, 84 changed, or new surety bonds to the department within 85 specified timeframes under certain conditions; 86 amending s. 320.8225, F.S.; requiring mobile home and 87 recreational vehicle manufacturer, distributor, and 88 importer licensees to deliver copies of renewed, 89 continued, changed, or new surety bonds, cash bonds, 90 or letters of credit to the department within 91 specified timeframes under certain conditions; 92 amending s. 320.861, F.S.; authorizing the department 93 to conduct investigations and examinations relating to 94 violations of certain laws, rules, or orders relating 95 to motor vehicle licenses; revising the powers of the 96 department relating to conducting such investigations 97 and examinations; authorizing the department to 98 petition a court if a person refuses to testify, 99 produce materials, or obey a subpoena or subpoena 100 duces tecum; requiring the court to issue an order; 101 requiring such person to obey the subpoena or show 102 cause for failing to obey the subpoena; providing a 103 penalty for a person who fails to comply with the 104 court’s order; authorizing the department to designate 105 agents for specified purposes; providing that 106 subpoenaed witnesses are entitled to witness fees; 107 providing exceptions; authorizing the department to 108 adopt rules; creating s. 322.71, F.S.; authorizing the 109 department to conduct investigations and examinations 110 relating to violations of certain laws, rules, or 111 orders relating to driver licenses; authorizing the 112 department to exercise certain powers when conducting 113 such investigations and examinations; authorizing the 114 department to petition a court if a person refuses to 115 testify, produce materials, or obey a subpoena or 116 subpoena duces tecum; requiring the court to issue an 117 order; requiring such person to obey the subpoena or 118 show cause for failing to obey the subpoena; providing 119 a penalty for a person who fails to comply with the 120 court’s order; authorizing the department to designate 121 agents for specified purposes; providing that 122 subpoenaed witnesses are entitled to witness fees; 123 providing exceptions; authorizing the department to 124 adopt rules; amending s. 337.14, F.S.; exempting 125 airports from certain restrictions regarding entities 126 performing engineering and inspection services; 127 amending s. 338.221, F.S.; revising the definition of 128 the term “economically feasible”; amending s. 129 339.0809, F.S.; requiring that funds in the State 130 Transportation Trust Fund be first available for 131 appropriation for payments under a service contract 132 before any other purpose; providing exceptions; 133 prohibiting annual debt service on the Florida 134 Department of Transportation Financing Corporation’s 135 bonds payable from moneys appropriated from service 136 contract payments from exceeding $100 million; 137 repealing part III of ch. 343, F.S., relating to the 138 creation and operation of the Northwest Florida 139 Transportation Corridor Authority; amending s. 140 348.754, F.S.; prohibiting the Central Florida 141 Expressway Authority from constructing any extensions, 142 additions, or improvements to the Central Florida 143 Expressway System in Lake County without prior 144 consultation with, rather than consent of, the 145 Secretary of Transportation; reenacting s. 146 318.18(2)(d), F.S., relating to the amount of 147 penalties, to incorporate the amendment made to s. 148 316.126, F.S., in a reference thereto; reenacting s. 149 316.3026(1), F.S., relating to unlawful operation of 150 motor carriers, to incorporate the amendment made to 151 s. 316.70, F.S., in a reference thereto; reenacting s. 152 338.2276, F.S., relating to the Western Beltway 153 turnpike project, to incorporate the amendment made to 154 s. 338.221, F.S., in a reference thereto; dissolving 155 the Northwest Florida Transportation Corridor 156 Authority and requiring the authority to discharge its 157 liabilities, settle and close its activities and 158 affairs, and provide for the distribution of the 159 authority’s assets; providing an effective date. 160 161 Be It Enacted by the Legislature of the State of Florida: 162 163 Section 1. Paragraph (b) of subsection (1) of section 164 316.126, Florida Statutes, is amended, and subsection (6) of 165 that section is reenacted, to read: 166 316.126 Operation of vehicles and actions of pedestrians on 167 approach of an authorized emergency, sanitation, or utility 168 service vehicle.— 169 (1) 170 (b) If an authorized emergency vehicle displaying any 171 visual signals is parked on the roadside, a sanitation vehicle 172 is performing a task related to the provision of sanitation 173 services on the roadside, a utility service vehicle is 174 performing a task related to the provision of utility services 175 on the roadside,ora wrecker displaying amber rotating or 176 flashing lights is performing a recovery or loading on the 177 roadside, or a road and bridge maintenance or construction 178 vehicle displaying warning lights is on the roadside without 179 advance signs and channelizing devices, the driver of every 180 other vehicle, as soon as it is safe: 181 1. Shall vacate the lane closest to the emergency vehicle, 182 sanitation vehicle, utility service vehicle,orwrecker, or road 183 and bridge maintenance or construction vehicle when driving on 184 an interstate highway or other highway with two or more lanes 185 traveling in the direction of the emergency vehicle, sanitation 186 vehicle, utility service vehicle,orwrecker, or road and bridge 187 maintenance or construction vehicle except when otherwise 188 directed by a law enforcement officer. If such movement cannot 189 be safely accomplished, the driver shall reduce speed as 190 provided in subparagraph 2. 191 2. Shall slow to a speed that is 20 miles per hour less 192 than the posted speed limit when the posted speed limit is 25 193 miles per hour or greater; or travel at 5 miles per hour when 194 the posted speed limit is 20 miles per hour or less, when 195 driving on a two-lane road, except when otherwise directed by a 196 law enforcement officer. 197 (6) A violation of this section is a noncriminal traffic 198 infraction, punishable pursuant to chapter 318 as either a 199 moving violation for infractions of subsection (1) or subsection 200 (3), or as a pedestrian violation for infractions of subsection 201 (2). 202 Section 2. Section 316.3045, Florida Statutes, is amended 203 to read: 204 316.3045 Operation of radios or other mechanical 205 soundmaking devices or instruments in vehicles; exemptions.— 206 (1) AIt is unlawful for anyperson who operates or 207 occupiesoperating or occupyinga motor vehicle on a street or 208 highway may nottooperate or amplify the sound produced by a 209 radio, tape player, or other mechanical soundmaking device or 210 instrument from within the motor vehicle so that the sound is:211(a)plainly audible at a distance of 25 feet or more from 212 the motor vehicle; or213(b) Louder than necessary for the convenient hearing by214persons inside the vehicle in areas adjoining churches, schools,215or hospitals. 216 (2)The provisions ofThis section doesshallnot apply to 217 any law enforcement motor vehicle equipped with any 218 communication device necessary in the performance of law 219 enforcement duties or to any emergency vehicle equipped with any 220 communication device necessary in the performance of any 221 emergency procedures. 222 (3) This section doesThe provisions of this section do not223apply to motor vehicles used for business or political purposes,224which in the normal course of conducting such business use225soundmaking devices. The provisionsof this subsectionshallnot 226be deemed toprevent local authorities, with respect to streets 227 and highways under their jurisdiction and within the reasonable 228 exercise of the police power, from regulating the time, place, 229 and manner in which a device or an instrument described in 230 subsection (1)such businessmay be operated. 231 (4)The provisions ofThis section doesdonot apply to the 232 noise made by a horn or other warning device required or 233 permitted by s. 316.271. The Department of Highway Safety and 234 Motor Vehicles shall adoptpromulgaterules defining “plainly 235 audible” and shall establish standards regarding how sound 236 should be measured by law enforcement personnel who enforce the 237 provisions of this section. 238 (5) A violation of this section is a noncriminal traffic 239 infraction, punishable as a nonmoving violation as provided in 240 chapter 318. 241 Section 3. Subsection (5) of section 316.305, Florida 242 Statutes, is amended to read: 243 316.305 Wireless communications devices; prohibition.— 244 (5) When a law enforcement officer issues a citation for a 245 violation of this section, the law enforcement officer must 246 record the race and ethnicity of the violator. All law 247 enforcement agencies must maintain such information and report 248 the information to the department in a form and manner 249 determined by the department.Beginning February 1, 2020,The 250 department shall annually report the data collected under this 251 subsection to the Governor, the President of the Senate, and the 252 Speaker of the House of Representatives. The data collected must 253 be reported at least by statewide totals for local law 254 enforcement agencies, state law enforcement agencies, and state 255 university law enforcement agencies. The statewide total for 256 local law enforcement agencies shall combine the data for the 257 county sheriffs and the municipal law enforcement agencies. 258 Section 4. Section 316.70, Florida Statutes, is amended to 259 read: 260 316.70 Nonpublic sector buses; safety rules.— 261 (1) All owners and drivers of nonpublic sector buses 262 operated on the public highways of this state are subject to the 263 rules and regulationsThe Department of Transportation shall264establish and revise standards to ensure the safe operation of265nonpublic sector buses, which standards shall be thosecontained 266 in 49 C.F.R. parts 382, 385, and 390-397 to ensureand which267shall be directed toward ensuringthat: 268 (a) Nonpublic sector buses are safely maintained, equipped, 269 and operated. 270 (b) Nonpublic sector buses are carrying the insurance 271 required by law and carrying liability insurance on the checked 272 baggage of passengers not to exceed the standard adopted by the 273 United States Department of Transportation. 274 (c) Florida license tags are purchased for nonpublic sector 275 buses pursuant to s. 320.38. 276(d) The driving records of drivers of nonpublic sector277buses are checked by their employers at least once each year to278ascertain whether the driver has a suspended or revoked driver279license.280 (2) Department of Highway Safety and Motor Vehicles 281Transportationpersonnel may conduct compliance reviews for the 282 purpose of determining compliance with this section. A civil 283 penaltynot to exceed $5,000 in the aggregatemay be assessed 284 against any person who violates any provision of this section or 285 who violates any rule or order of the department found during a 286 compliance review as provided in s. 316.3025. Aof287Transportation. A civil penalty not to exceed $25,000 in the288aggregate may be assessed for violations found in a followup289compliance review conducted within a 24-month period. A civil290penalty not to exceed $25,000 in the aggregate may be assessed291and themotor carrier may be enjoined from operation pursuant to 292 s. 316.3026 forifviolations found during aare found after a293second followupcompliance reviewwithin 12 months after the294first followup compliance review. Motor carriers found to be 295 operating without insurance coverage required by s. 627.742 or 296 49 C.F.R. part 387 may be enjoined as provided in s. 316.3026. 297 (3) For the purpose of enforcing this section, any law 298 enforcement officer of the Department of Highway Safety and 299 Motor Vehicles or a duly appointed agent of the department who 300 holds a current safety inspector certification from the 301 Commercial Vehicle Safety Alliance may require the driver of any 302 commercial vehicle operated on the highways of this state to 303 stop and submit to an inspection of the vehicle or the driver’s 304 records. If the vehicle is being operated or the driver is 305 operating the vehicle in an unsafe condition, or if any required 306 part or equipment is not present or is not in proper repair or 307 adjustment, and the continued operation would be unduly 308 hazardous, the officer or agent may require the vehicle or the 309 driver to be removed from service pursuant to the North American 310 Standard Out-of-Service Criteria until all safety concerns are 311 corrected. However, if continuous operation would not be unduly 312 hazardous, the officer or agent may give written notice 313 requiring correction of the condition within 15 days after the 314 inspection. 315 (4) School buses subject tothe provisions ofchapter 1006 316 or s. 316.615 are exempt fromthe provisions ofthis section. 317 Section 5. Section 319.1414, Florida Statutes, is created 318 to read: 319 319.1414 Investigations; examinations; subpoenas; hearings; 320 witnesses.— 321 (1) The department may conduct investigations and 322 examinations of department-authorized private rebuilt inspection 323 providers as it deems necessary to determine whether a person 324 has violated or is about to violate this chapter or a contract 325 entered into pursuant to this chapter or to assist with the 326 enforcement of this chapter. 327 (2) For purposes of any investigation or examination 328 conducted pursuant to this section, the department may exercise 329 the power of subpoena and the powers to administer oaths or 330 affirmations, to examine witnesses, to require affidavits, to 331 take depositions, and to compel the attendance of witnesses and 332 the production of books, papers, documents, records, and other 333 evidence. A designated agent of the department may serve a 334 subpoena relating to an investigation or examination. 335 (3) If a person refuses to testify; produce books, papers, 336 documents, or records; or otherwise obey a subpoena or subpoena 337 duces tecum issued under subsection (2), the department may 338 petition a court of competent jurisdiction in the county where 339 the person’s residence or principal place of business is 340 located, upon which the court must issue an order requiring such 341 person to obey the subpoena or show cause for failing to obey 342 the subpoena. Unless the person shows sufficient cause for 343 failing to obey the subpoena, the court shall direct the person 344 to obey the subpoena. Failure to comply with such order is 345 contempt of court. 346 (4) For the purpose of any investigation, examination, or 347 proceeding initiated by the department under this chapter, the 348 department is authorized to designate agents to serve subpoenas 349 and other process and to administer oaths or affirmations. 350 (5) Witnesses subpoenaed under this section are entitled to 351 witness fees at the same rate established by s. 92.142 for 352 witnesses in a civil case, except that witness fees are not 353 payable for appearance at the witness’s place of business during 354 regular business hours or at the witness’s residence. 355 (6) The department may adopt rules to administer this 356 section. 357 Section 6. Section 319.25, Florida Statutes, is amended to 358 read: 359 319.25 Cancellation of certificates; investigations; 360 subpoenas and other process; oaths; rules.— 361 (1) If it appears that a certificate of title has been 362 improperly issued, the department shall cancel the certificate. 363 Upon cancellation of any certificate of title, the department 364 shall notify the person to whom the certificate of title was 365 issued, as well as any lienholders appearing thereon, of the 366 cancellation and shall demand the surrender of the certificate 367 of title, but the cancellation shall not affect the validity of 368 any lien noted thereon. The holder of the certificate of title 369 shall return it to the department forthwith. If a certificate of 370 registration has been issued to the holder of a certificate of 371 title so canceled, the department shall immediately cancel the 372 certificate of registration and demand the return of such 373 certificate of registration and license plate or mobile home 374 sticker; and the holder of such certificate of registration and 375 license plate or sticker shall return them to the department 376 forthwith. 377 (2) The department is authorized, upon application of any 378 person and payment of the proper fees, to prepare and furnish 379 lists containing title information in such form as the 380 department may authorize, to search the records of the 381 department and make reports thereof, and to make photographic 382 copies of the department records and attestations thereof, 383 except as provided in chapter 119. 384 (3) The department may conduct investigations and 385 examinations of any person suspected of violating or of having 386 violated this chapter or any rule adopted or order issued under 387 this chapter. 388 (4) For purposes of any investigation or examination 389 conducted pursuant to this section, the department may exercise 390 the power of subpoena and the powers to administer oaths or 391 affirmations, to examine witnesses, to require affidavits, to 392 take depositions, and to compel the attendance of witnesses and 393 the production of books, papers, documents, records, and other 394 evidence. An authorized representative of the department may 395 serve a subpoena relating to an investigation or examination. 396 (5) If a person refuses to testify; produce books, papers, 397 documents, or records; or otherwise obey the subpoena or 398 subpoena duces tecum issued under subsection (4), the department 399 may petition a court of competent jurisdiction in the county 400 where the person’s residence or principal place of business is 401 located, upon which the court must issue an order requiring such 402 person to obey the subpoena or show cause for failing to obey 403 the subpoena. Unless the person shows sufficient cause for 404 failing to obey the subpoena, the court must direct the person 405 to obey the subpoena. Failure to comply with such order is 406 contempt of court. 407 (6) For the purpose of any investigation, examination, or 408 proceeding initiated by the department under this chapter, the 409 department is authorized to designate agents to serve subpoenas 410 and other process and to administer oaths or affirmations. 411 (7) Witnesses subpoenaed under this section are entitled to 412 witness fees at the same rate established by s. 92.142 for 413 witnesses in a civil case, except that witness fees are not 414 payable for appearance at the witness’s place of business during 415 regular business hours or at the witness’s residence. 416 (8) The department may adopt rules to administer this 417 section. 418 Section 7. Paragraph (b) of subsection (3) of section 419 319.30, Florida Statutes, is amended to read: 420 319.30 Definitions; dismantling, destruction, change of 421 identity of motor vehicle or mobile home; salvage.— 422 (3) 423 (b) The owner, including persons who are self-insured, of a 424 motor vehicle or mobile home that is considered to be salvage 425 shall, within 72 hours after the motor vehicle or mobile home 426 becomes salvage, forward the title to the motor vehicle or 427 mobile home to the department for processing. However, an 428 insurance company that pays money as compensation for the total 429 loss of a motor vehicle or mobile home shall obtain the 430 certificate of title for the motor vehicle or mobile home, make 431 the required notification to the National Motor Vehicle Title 432 Information System, and, within 72 hours after receiving such 433 certificate of title, forward such title by the United States 434 Postal Service, by another commercial delivery service, or by 435 electronic means, when such means are made available by the 436 department, to the department for processing. The owner or 437 insurance company, as applicable, may not dispose of a vehicle 438 or mobile home that is a total loss before it obtains a salvage 439 certificate of title or certificate of destruction from the 440 department. Effective January 1, 2020: 441 1. Thirty days after payment of a claim for compensation 442 pursuant to this paragraph, the insurance company may receive a 443 salvage certificate of title or certificate of destruction from 444 the department if the insurance company is unable to obtain a 445 properly assigned certificate of title from the owner or 446 lienholder of the motor vehicle or mobile home, if the motor 447 vehicle or mobile home does not carry an electronic lien on the 448 title and the insurance company: 449 a. Has obtained the release of all liens on the motor 450 vehicle or mobile home; 451 b. Has attested on a form provided by the department that 452provided proof ofpayment of the total loss claim has been 453 distributed; and 454 c. Has attested on a form provided by the department and 455provided an affidavit on letterheadsigned by the insurance 456 company or its authorized agent stating the attempts that have 457 been made to obtain the title from the owner or lienholder and 458 further stating that all attempts are to no avail. The form 459affidavitmust include a request that the salvage certificate of 460 title or certificate of destruction be issued in the insurance 461 company’s name due to payment of a total loss claim to the owner 462 or lienholder. The attempts to contact the owner may be by 463 written request delivered in person or by first-class mail with 464 a certificate of mailing to the owner’s or lienholder’s last 465 known address. 466 2. If the owner or lienholder is notified of the request 467 for title in person, the insurance company must provide an 468 affidavit attesting to the in-person request for a certificate 469 of title. 470 3. The request to the owner or lienholder for the 471 certificate of title must include a complete description of the 472 motor vehicle or mobile home and the statement that a total loss 473 claim has been paid on the motor vehicle or mobile home. 474 Section 8. Subsection (3) and paragraph (a) of subsection 475 (10) of section 320.27, Florida Statutes, are amended to read: 476 320.27 Motor vehicle dealers.— 477 (3) APPLICATION AND FEE.—The application for the license 478 shall be in such form as may be prescribed by the department and 479 shall be subject to such rules with respect thereto as may be so 480 prescribed by it. Such application shall be verified by oath or 481 affirmation and shall contain a full statement of the name and 482 birth date of the person or persons applying therefor; the name 483 of the firm or copartnership, with the names and places of 484 residence of all members thereof, if such applicant is a firm or 485 copartnership; the names and places of residence of the 486 principal officers, if the applicant is a body corporate or 487 other artificial body; the name of the state under whose laws 488 the corporation is organized; the present and former place or 489 places of residence of the applicant; and prior business in 490 which the applicant has been engaged and the location thereof. 491 Such application shall describe the exact location of the place 492 of business and shall state whether the place of business is 493 owned by the applicant and when acquired, or, if leased, a true 494 copy of the lease shall be attached to the application. The 495 applicant shall certify that the location provides an adequately 496 equipped office and is not a residence; that the location 497 affords sufficient unoccupied space upon and within which 498 adequately to store all motor vehicles offered and displayed for 499 sale; and that the location is a suitable place where the 500 applicant can in good faith carry on such business and keep and 501 maintain books, records, and files necessary to conduct such 502 business, which shall be available at all reasonable hours to 503 inspection by the department or any of its inspectors or other 504 employees. The applicant shall certify that the business of a 505 motor vehicle dealer is the principal business which shall be 506 conducted at that location. The application shall contain a 507 statement that the applicant is either franchised by a 508 manufacturer of motor vehicles, in which case the name of each 509 motor vehicle that the applicant is franchised to sell shall be 510 included, or an independent (nonfranchised) motor vehicle 511 dealer. The application shall contain other relevant information 512 as may be required by the department, including evidence that 513 the applicant is insured under a garage liability insurance 514 policy or a general liability insurance policy coupled with a 515 business automobile policy, which shall include, at a minimum, 516 $25,000 combined single-limit liability coverage including 517 bodily injury and property damage protection and $10,000 518 personal injury protection. However, a salvage motor vehicle 519 dealer as defined in subparagraph (1)(c)5. is exempt from the 520 requirements for garage liability insurance and personal injury 521 protection insurance on those vehicles that cannot be legally 522 operated on roads, highways, or streets in this state. Franchise 523 dealers must submit a garage liability insurance policy, and all 524 other dealers must submit a garage liability insurance policy or 525 a general liability insurance policy coupled with a business 526 automobile policy. Such policy shall be for the license period, 527 and evidence of a new or continued policy shall be delivered to 528 the department at the beginning of each license period. A 529 licensee shall deliver to the department, in the manner 530 prescribed by the department, within 10 calendar days after any 531 renewal or continuation of or change in such policy or within 10 532 calendar days after any issuance of a new policy, a copy of the 533 renewed, continued, changed, or new policy. Upon making initial 534 application, the applicant shall pay to the department a fee of 535 $300 in addition to any other fees required by law. Applicants 536 may choose to extend the licensure period for 1 additional year 537 for a total of 2 years. An initial applicant shall pay to the 538 department a fee of $300 for the first year and $75 for the 539 second year, in addition to any other fees required by law. An 540 applicant for renewal shall pay to the department $75 for a 1 541 year renewal or $150 for a 2-year renewal, in addition to any 542 other fees required by law. Upon making an application for a 543 change of location, the person shall pay a fee of $50 in 544 addition to any other fees now required by law. The department 545 shall, in the case of every application for initial licensure, 546 verify whether certain facts set forth in the application are 547 true. Each applicant, general partner in the case of a 548 partnership, or corporate officer and director in the case of a 549 corporate applicant, must file a set of fingerprints with the 550 department for the purpose of determining any prior criminal 551 record or any outstanding warrants. The department shall submit 552 the fingerprints to the Department of Law Enforcement for state 553 processing and forwarding to the Federal Bureau of Investigation 554 for federal processing. The actual cost of state and federal 555 processing shall be borne by the applicant and is in addition to 556 the fee for licensure. The department may issue a license to an 557 applicant pending the results of the fingerprint investigation, 558 which license is fully revocable if the department subsequently 559 determines that any facts set forth in the application are not 560 true or correctly represented. 561 (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.— 562 (a) Annually, before any license shall be issued to a motor 563 vehicle dealer, the applicant-dealer of new or used motor 564 vehicles shall deliver to the department a good and sufficient 565 surety bond or irrevocable letter of credit, executed by the 566 applicant-dealer as principal, in the sum of $25,000. A licensee 567 shall deliver to the department, in the manner prescribed by the 568 department, within 10 calendar days after any renewal or 569 continuation of or change in such surety bond or irrevocable 570 letter of credit or within 10 calendar days after any issuance 571 of a new surety bond or irrevocable letter of credit, a copy of 572 such renewed, continued, changed, or new surety bond or 573 irrevocable letter of credit. 574 Section 9. Paragraph (a) of subsection (16) of section 575 320.77, Florida Statutes, is amended to read: 576 320.77 License required of mobile home dealers.— 577 (16) SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF 578 CREDIT REQUIRED.— 579 (a) Before any license shall be issued or renewed, the 580 applicant or licensee shall deliver to the department a good and 581 sufficient surety bond, cash bond, or irrevocable letter of 582 credit, executed by the applicant or licensee as principal. The 583 licensee shall deliver to the department, in the manner 584 prescribed by the department, within 10 calendar days after any 585 renewal or continuation of or change in such surety bond, cash 586 bond, or irrevocable letter of credit or within 10 calendar days 587 after any issuance of a new surety bond, cash bond, or 588 irrevocable letter of credit, a copy of such renewed, continued, 589 changed, or new surety bond, cash bond, or irrevocable letter of 590 credit. The bond or irrevocable letter of credit shall be in a 591 form to be approved by the department and shall be conditioned 592 upon the dealer’s complying with the conditions of any written 593 contract made by the dealer in connection with the sale, 594 exchange, or improvement of any mobile home and his or her not 595 violating any of the provisions of chapter 319 or this chapter 596 in the conduct of the business for which the dealer is licensed. 597 The bond or irrevocable letter of credit shall be to the 598 department and in favor of any retail customer who shall suffer 599 any loss as a result of any violation of the conditions 600 contained in this section. The bond or irrevocable letter of 601 credit shall be for the license period, and a new bond or 602 irrevocable letter of credit or a proper continuation 603 certificate shall be delivered to the department at the 604 beginning of each license period. However, the aggregate 605 liability of the surety in any one license year shall in no 606 event exceed the sum of such bond, or, in the case of a letter 607 of credit, the aggregate liability of the issuing bank shall not 608 exceed the sum of the credit. The amount of the bond required 609 shall be as follows: 610 1. A single dealer who buys, sells, or deals in mobile 611 homes and who has four or fewer supplemental licenses shall 612 provide a surety bond, cash bond, or irrevocable letter of 613 credit executed by the dealer applicant or licensee in the 614 amount of $25,000. 615 2. A single dealer who buys, sells, or deals in mobile 616 homes and who has more than four supplemental licenses shall 617 provide a surety bond, cash bond, or irrevocable letter of 618 credit executed by the dealer applicant or licensee in the 619 amount of $50,000. 620 621 For the purposes of this paragraph, any person who buys, sells, 622 or deals in both mobile homes and recreational vehicles shall 623 provide the same surety bond required of dealers who buy, sell, 624 or deal in mobile homes only. 625 Section 10. Paragraph (j) of subsection (3) and paragraph 626 (a) of subsection (16) of section 320.771, Florida Statutes, are 627 amended to read: 628 320.771 License required of recreational vehicle dealers.— 629 (3) APPLICATION.—The application for such license shall be 630 in the form prescribed by the department and subject to such 631 rules as may be prescribed by it. The application shall be 632 verified by oath or affirmation and shall contain: 633 (j) EvidenceA statementthat the applicant is insured 634 under a garage liability insurance policy, which shall include, 635 at a minimum, $25,000 combined single-limit liability coverage, 636 including bodily injury and property damage protection, and 637 $10,000 personal injury protection, if the applicant is to be 638 licensed as a dealer in, or intends to sell, recreational 639 vehicles. Such policy must be for the license period and 640 delivered to the department in the manner prescribed by the 641 department. The licensee shall deliver to the department, in the 642 manner prescribed by the department, within 10 calendar days 643 after any renewal or continuation of or change in such policy or 644 within 10 calendar days after any issuance of a new policy, a 645 copy of such renewed, continued, changed, or new policy. 646 However, a garage liability policy is not required for the 647 licensure of a mobile home dealer who sells only park trailers. 648 649 The department shall, if it deems necessary, cause an 650 investigation to be made to ascertain if the facts set forth in 651 the application are true and shall not issue a license to the 652 applicant until it is satisfied that the facts set forth in the 653 application are true. 654 (16) BOND.— 655 (a) Before any license shall be issued or renewed, the 656 applicant shall deliver to the department, in the manner 657 prescribed by the department, a good and sufficient surety bond, 658 executed by the applicant as principal and by a surety company 659 qualified to do business in the state as surety. The licensee 660 shall deliver to the department, in the manner prescribed by the 661 department, within 10 calendar days after any renewal or 662 continuation of or change in such surety bond or within 10 663 calendar days after any issuance of a new surety bond, a copy of 664 such renewed, continued, changed, or new surety bond. The bond 665 shall be in a form to be approved by the department and shall be 666 conditioned upon the dealer’s complying with the conditions of 667 any written contract made by that dealer in connection with the 668 sale, exchange, or improvement of any recreational vehicle and 669 his or her not violating any of the provisions of chapter 319 or 670 this chapter in the conduct of the business for which he or she 671 is licensed. The bond shall be to the department and in favor of 672 any retail customer who shall suffer any loss as a result of any 673 violation of the conditions hereinabove contained. The bond 674 shall be for the license period, and a new bond or a proper 675 continuation certificate shall be delivered to the department at 676 the beginning of each license period. However, the aggregate 677 liability of the surety in any one license year shall in no 678 event exceed the sum of such bond. The amount of the bond 679 required shall be as follows: 680 1. A single dealer who buys, sells, or deals in 681 recreational vehicles and has four or fewer supplemental 682 licenses shall provide a surety bond in the amount of $10,000. 683 2. A single dealer who buys, sells, or deals in 684 recreational vehicles and who has more than four supplemental 685 licenses shall provide a surety bond in the amount of $20,000. 686 687 For the purposes of this paragraph, any person who buys, sells, 688 or deals in both mobile homes and recreational vehicles shall 689 provide the same surety bond required of dealers who buy, sell, 690 or deal in mobile homes only. 691 Section 11. Paragraphs (a) and (b) of subsection (5) of 692 section 320.8225, Florida Statutes, are amended to read: 693 320.8225 Mobile home and recreational vehicle manufacturer, 694 distributor, and importer license.— 695 (5) REQUIREMENT OF ASSURANCE.— 696 (a) Annually, prior to the receipt of a license to 697 manufacture mobile homes, the applicant or licensee shall 698 submit, in the manner prescribed by the department, a surety 699 bond, cash bond, or letter of credit from a financial 700 institution, or a proper continuation certificate, sufficient to 701 assure satisfaction of claims against the licensee for failure 702 to comply with appropriate code standards, failure to provide 703 warranty service, or violation of any provisions of this 704 section. The amount of the surety bond, cash bond, or letter of 705 credit must be $50,000. Only one surety bond, cash bond, or 706 letter of credit shall be required for each manufacturer, 707 regardless of the number of factory locations. The surety bond, 708 cash bond, or letter of credit must be to the department, in 709 favor of any retail customer who suffers a loss arising out of 710 noncompliance with code standards or failure to honor or provide 711 warranty service. The department may disapprove any bond or 712 letter of credit that does not provide assurance as provided in 713 this section. A licensee shall deliver to the department, in the 714 manner prescribed by the department, within 10 calendar days 715 after any renewal or continuation of or change in such surety 716 bond, cash bond, or letter of credit or within 10 calendar days 717 after any issuance of a new surety bond, cash bond, or letter of 718 credit, a copy of such renewed, continued, changed, or new 719 surety bond, cash bond, or letter of credit. 720 (b) Annually, beforeprior tothe receipt of a license to 721 manufacture, distribute, or import recreational vehicles, the 722 applicant or licensee shall submit, in the manner prescribed by 723 the department, a surety bond, or a proper continuation 724 certificate, sufficient to assure satisfaction of claims against 725 the licensee for failure to comply with appropriate code 726 standards, failure to provide warranty service, or violation of 727 any provisions of this section. The amount of the surety bond 728 must be $10,000 per year. The surety bond must be to the 729 department, in favor of any retail customer who suffers loss 730 arising out of noncompliance with code standards or failure to 731 honor or provide warranty service. The department may disapprove 732 any bond that does not provide assurance as provided in this 733 section. The licensee shall deliver to the department, in the 734 manner prescribed by the department, within 10 calendar days 735 after any renewal or continuation of or change in such surety 736 bond or within 10 calendar days after any issuance of a new 737 surety bond, a copy of such renewed, continued, changed, or new 738 surety bond. 739 Section 12. Section 320.861, Florida Statutes, is amended 740 to read: 741 320.861 Investigations; subpoenas and other process; oaths; 742 rulesInspection of records; production of evidence; subpoena743power.— 744 (1) The department may conduct investigations and 745 examinations of any person suspected of violating or of having 746 violated this chapter or any rule adopted or order issued 747 thereunderinspect the pertinent books, records, letters, and748contracts of any licensee, whether dealer or manufacturer,749relating to any written complaint made to it against such750licensee. 751 (2) For purposes of any investigation or examination 752 conducted pursuant to this section, the department mayis753granted and authorized toexercise the power of subpoena and the 754 powers to administer oaths or affirmations, to examine 755 witnesses, to require affidavits, to take depositions, and to 756 compel the attendance of witnesses and the production of books, 757 papers, documents, records, and other evidence. A designated 758 agent of the department may serve a subpoena relating to an 759 investigation or examinationfor the attendance of witnesses and760the production of any documentary evidence necessary to the761disposition by it of any written complaint against any licensee,762whether dealer or manufacturer. 763 (3) If a person refuses to testify; to produce books, 764 papers, documents, or records; or to otherwise obey the subpoena 765 or subpoena duces tecum issued under subsection (2), the 766 department may petition a court of competent jurisdiction in the 767 county where the person’s residence or principal place of 768 business is located, upon which the court must issue an order 769 requiring such person to obey the subpoena or show cause for 770 failing to obey the subpoena. Unless the person shows sufficient 771 cause for failing to obey the subpoena, the court must direct 772 the person to obey the subpoena. Failure to comply with such 773 order constitutes contempt of court. 774 (4) For the purpose of any investigation, examination, or 775 proceeding initiated by the department under this chapter, the 776 department may designate agents to serve subpoenas and other 777 process and to administer oaths or affirmations. The department 778 shall exercise this power on its own initiative in accordance 779 with ss. 320.615 and 320.71. 780 (5) Witnesses subpoenaed under this section are entitled to 781 witness fees at the same rate established by s. 92.142 for 782 witnesses in a civil case, except that witness fees are not 783 payable for appearance at the witness’s place of business during 784 regular business hours or at the witness’s residence. 785 (6) The department may adopt rules to administer this 786 section. 787 Section 13. Section 322.71, Florida Statutes, is created to 788 read: 789 322.71 Investigations; subpoenas and other process; oaths; 790 rules.— 791 (1) The department may conduct investigations and 792 examinations of any person suspected of violating or of having 793 violated any provision of this chapter or any rule adopted or 794 order issued under this chapter. 795 (2) For purposes of any investigation or examination 796 conducted pursuant to this section, the department may exercise 797 the power of subpoena and the powers to administer oaths or 798 affirmations, to examine witnesses, to require affidavits, to 799 take depositions, and to compel the attendance of witnesses and 800 the production of books, papers, documents, records, and other 801 evidence. Such subpoenas may be served by an authorized 802 representative of the department. 803 (3) If a person refuses to testify; to produce books, 804 papers, documents, or records; or to otherwise obey the subpoena 805 or subpoena duces tecum issued under subsection (2), the 806 department may petition a court of competent jurisdiction in the 807 county where the person’s residence or principal place of 808 business is located, upon which the court must issue an order 809 requiring such person to obey the subpoena or show cause for 810 failing to obey the subpoena. Unless the person shows sufficient 811 cause for failing to obey the subpoena, the court must direct 812 the person to obey the subpoena. Failure to comply with such 813 order constitutes contempt of court. 814 (4) For the purpose of any investigation, examination, or 815 proceeding initiated by the department under this chapter, the 816 department may designate agents to serve subpoenas and other 817 process and to administer oaths or affirmations. 818 (5) Witnesses subpoenaed under this section are entitled to 819 witness fees at the same rate established by s. 92.142 for 820 witnesses in a civil case, except that witness fees are not 821 payable for appearance at the witness’s place of business during 822 regular business hours or at the witness’s residence. 823 (6) The department may adopt rules to administer this 824 section. 825 Section 14. Subsection (7) of section 337.14, Florida 826 Statutes, is amended to read: 827 337.14 Application for qualification; certificate of 828 qualification; restrictions; request for hearing.— 829 (7) A “contractor” as defined in s. 337.165(1)(d) or his or 830 her “affiliate” as defined in s. 337.165(1)(a) qualified with 831 the department under this section may not also qualify under s. 832 287.055 or s. 337.105 to provide testing services, construction, 833 engineering, and inspection services to the department. This 834 limitation does not apply to any design-build prequalification 835 under s. 337.11(7) and does not apply when the department 836 otherwise determines by written order entered at least 30 days 837 before advertisement that the limitation is not in the best 838 interests of the public with respect to a particular contract 839 for testing services, construction, engineering, and inspection 840 services. This subsection does not authorize a contractor to 841 provide testing services, or provide construction, engineering, 842 and inspection services, to the department in connection with a 843 construction contract under which the contractor is performing 844 any work. Notwithstanding any other provision of law to the 845 contrary, for a project that is wholly or partially funded by 846 the department and administered by a local governmental entity, 847 except for a seaport listed in s. 311.09 or an airport as 848 defined in s. 332.004, the entity performing design and 849 construction engineering and inspection services may not be the 850 same entity. 851 Section 15. Paragraph (a) of subsection (8) of section 852 338.221, Florida Statutes, is amended to read: 853 338.221 Definitions.—As used in ss. 338.22-338.241, the 854 following words and terms have the following meanings, unless 855 the context indicates another or different meaning or intent: 856 (8) “Economically feasible” means: 857 (a) For a proposed turnpike project, that, as determined by 858 the department before the issuance of revenue bonds for the 859 project, the estimated net revenues of the proposed turnpike 860 project, excluding feeder roads and turnpike improvements, will 861 be sufficient to pay at least 50 percent of the average annual 862 debt service on the bonds associated with the project by the end 863 of the 12th year of operation and to pay at least 100 percent of 864 the average annual debt service on the bonds by the end of the 865 30th year of operation. In implementing this paragraph, up to 50 866 percent of the adopted work program costs of the project may be 867 funded from turnpike revenues. 868 869 This subsection does not prohibit the pledging of revenues from 870 the entire turnpike system to bonds issued to finance or 871 refinance a turnpike project or group of turnpike projects. 872 Section 16. Subsection (4) of section 339.0809, Florida 873 Statutes, is amended to read: 874 339.0809 Florida Department of Transportation Financing 875 Corporation.— 876 (4) The Florida Department of Transportation Financing 877 Corporation may enter into one or more service contracts with 878 the department to provide services to the department in 879 connection with projects approved in the department’s work 880 program, which approval specifically provides that the 881 department may enter into a service contract for the project 882 pursuant to this section. The department may enter into one or 883 more such service contracts with the corporation and provide for 884 payments under such contracts, subject to annual appropriation 885 by the Legislature. The proceeds from such service contracts may 886 be used for the corporation’s administrative costs and expenses 887 after payments under subsection (5). Each service contract may 888 have a term of up to 35 years. In compliance with s. 287.0641 889 and other applicable law, the obligations of the department 890 under such service contracts do not constitute a general 891 obligation of the state or a pledge of the full faith and credit 892 or taxing power of the state, and such obligations are not an 893 obligation of the State Board of Administration or entities for 894 which it invests funds, other than the department as provided in 895 this section, but are payable solely from amounts available in 896 the State Transportation Trust Fund, subject to annual 897 appropriation. Notwithstanding any law to the contrary, funds in 898 the State Transportation Trust Fund must first be available for 899 appropriation for payments under a service contract before any 900 other purpose, except for payments pursuant to s. 215.616, s. 901 215.617, s. 320.20(3) or (4), or s. 339.0801(1)(a). Annual debt 902 service on the corporation’s bonds payable from moneys 903 appropriated for service contract payments may not exceed $100 904 million. In compliance with this subsection and s. 287.0582, the 905 service contract must expressly include the following statement: 906 “The State of Florida’s performance and obligation to pay under 907 this contract is contingent upon an annual appropriation by the 908 Legislature.” 909 Section 17. Part III of chapter 343, Florida Statutes, 910 consisting of sections 343.80, 343.805, 343.81, 343.82, 343.83, 911 343.835, 343.836, 343.84, 343.85, 343.87, 343.875, 343.88, 912 343.881, 343.884, and 343.89, Florida Statutes, is repealed. 913 Section 18. Paragraph (c) of subsection (1) of section 914 348.754, Florida Statutes, is amended to read: 915 348.754 Purposes and powers.— 916 (1) 917 (c) Notwithstanding any other provision of this section to 918 the contrary, to ensure the continued financial feasibility of 919 the portion of the Wekiva Parkway to be constructed by the 920 department, the authority may not, withouttheprior 921 consultation withconsent ofthe secretary of the department, 922 construct any extensions, additions, or improvements to the 923 expressway system in Lake County. 924 Section 19. For the purpose of incorporating the amendment 925 made by this act to section 316.126, Florida Statutes, in a 926 reference thereto, paragraph (d) of subsection (2) of section 927 318.18, Florida Statutes, is reenacted to read: 928 318.18 Amount of penalties.—The penalties required for a 929 noncriminal disposition pursuant to s. 318.14 or a criminal 930 offense listed in s. 318.17 are as follows: 931 (2) Thirty dollars for all nonmoving traffic violations 932 and: 933 (d) For all violations of s. 316.126(1)(b), unless 934 otherwise specified. 935 Section 20. For the purpose of incorporating the amendment 936 made by this act to section 316.70, Florida Statutes, in a 937 reference thereto, subsection (1) of section 316.3026, Florida 938 Statutes, is reenacted to read: 939 316.3026 Unlawful operation of motor carriers.— 940 (1) The Office of Commercial Vehicle Enforcement may issue 941 out-of-service orders to motor carriers, as defined in s. 942 320.01, who, after proper notice, have failed to pay any penalty 943 or fine assessed by the department, or its agent, against any 944 owner or motor carrier for violations of state law, refused to 945 submit to a compliance review and provide records pursuant to s. 946 316.302(6) or s. 316.70, or violated safety regulations pursuant 947 to s. 316.302 or insurance requirements in s. 627.7415. Such 948 out-of-service orders have the effect of prohibiting the 949 operations of any motor vehicles owned, leased, or otherwise 950 operated by the motor carrier upon the roadways of this state, 951 until the violations have been corrected or penalties have been 952 paid. Out-of-service orders must be approved by the director of 953 the Division of the Florida Highway Patrol or his or her 954 designee. An administrative hearing pursuant to s. 120.569 shall 955 be afforded to motor carriers subject to such orders. 956 Section 21. For the purpose of incorporating the amendment 957 made by this act to section 338.221, Florida Statutes, in a 958 reference thereto, section 338.2276, Florida Statutes, is 959 reenacted to read: 960 338.2276 Western Beltway turnpike project; financing.—Upon 961 a determination of economic feasibility, as defined in s. 962 338.221(8), for part C of the Western Beltway turnpike project, 963 which part extends from Florida’s Turnpike near Ocoee in Orange 964 County southerly through Orange County and Osceola County to an 965 interchange with I-4 near the Osceola/Polk County line, the 966 Department of Transportation shall include a request for the 967 issuance of turnpike revenue bonds to construct the project as 968 part of its next legislative budget request and tentative work 969 program. If funding is insufficient to construct part C, it is 970 the intent of the Legislature that such project be given 971 priority as a project financed from subsequent issuances of 972 turnpike revenue bonds approved by the Legislature; however, 973 such priority consideration is contingent on the project’s 974 meeting all economic feasibility requirements and upon the 975 project’s being financed without the use of capitalized 976 interest. 977 Section 22. Notwithstanding any other law, the Northwest 978 Florida Transportation Corridor Authority is dissolved. The 979 authority shall discharge or make provision for the authority’s 980 debts, obligations, and other liabilities; settle and close the 981 authority’s activities and affairs; and provide for distribution 982 of the authority’s assets, or the proceeds of such assets, such 983 that each local general-purpose government represented on the 984 authority’s board receives a distribution generally in 985 proportion to each entity’s contribution to the acquisition of 986 the assets. 987 Section 23. This act shall take effect July 1, 2021.