Bill Text: FL S1500 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2021 SB 1500
By Senator Harrell
25-01617C-21 20211500__
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. 316.305, F.S.; deleting obsolete
7 language; amending s. 316.70, F.S.; providing that
8 owners and drivers of nonpublic sector buses operated
9 on public highways of this state are subject to
10 specified provisions of law; authorizing the
11 Department of Highway Safety and Motor Vehicles to
12 conduct compliance reviews for a specified purpose;
13 revising civil penalties; authorizing certain law
14 enforcement officers and appointed agents to require
15 drivers of commercial vehicles to submit to an
16 inspection of the vehicle and the driver’s records;
17 authorizing such officers and agents to require the
18 vehicle and driver to be removed from service under
19 specified conditions; authorizing such officers and
20 agents to give written notice; creating s. 319.1414,
21 F.S.; authorizing the department to conduct
22 investigations and examinations of department
23 authorized private rebuilt inspection providers;
24 authorizing the department to exercise certain powers
25 when conducting such investigations and examinations;
26 authorizing the department to petition a court if a
27 person refuses to testify, produce materials, or obey
28 a subpoena or subpoena duces tecum; requiring the
29 court to issue an order; requiring such person to obey
30 the subpoena or show cause for failing to obey the
31 subpoena; providing a penalty for a person who fails
32 to comply with the court’s order; authorizing the
33 department to designate agents for specified purposes;
34 providing that subpoenaed witnesses are entitled to
35 witness fees; providing exceptions; authorizing the
36 department to adopt rules; amending s. 319.25, F.S.;
37 authorizing the department to conduct investigations
38 and examinations relating to violations of provisions
39 relating to title certificates; authorizing the
40 department to exercise certain powers when conducting
41 such investigations and examinations; authorizing the
42 department to petition a court if a person refuses to
43 testify, produce materials, or obey a subpoena or
44 subpoena duces tecum; requiring the court to issue an
45 order; requiring such person to obey the subpoena or
46 show cause for failing to obey the subpoena; providing
47 a penalty for a person who fails to comply with the
48 court’s order; authorizing the department to designate
49 agents for specified purposes; providing that
50 subpoenaed witnesses are entitled to witness fees;
51 providing exceptions; authorizing the department to
52 adopt rules; amending s. 320.27, F.S.; requiring motor
53 vehicle dealer licensees to deliver copies of renewed,
54 continued, changed, or new insurance policies to the
55 department within specified timeframes under certain
56 conditions; requiring such licensees to deliver copies
57 of renewed, continued, changed, or new surety bonds or
58 irrevocable letters of credit to the department within
59 specified timeframes under certain conditions;
60 amending s. 320.77, F.S.; requiring mobile home dealer
61 licensees to deliver copies of renewed, continued,
62 changed, or new surety bonds, cash bonds, or
63 irrevocable letters of credit to the department within
64 specified timeframes under certain conditions;
65 amending s. 320.8225, F.S.; requiring mobile home and
66 recreational vehicle manufacturer, distributor, and
67 importer licensees to deliver copies of renewed,
68 continued, changed, or new surety bonds, cash bonds,
69 or letters of credit to the department within
70 specified timeframes under certain conditions;
71 amending s. 320.861, F.S.; authorizing the department
72 to conduct investigations and examinations relating to
73 violations of certain laws, rules, or orders relating
74 to motor vehicle licenses; revising the powers of the
75 department relating to conducting such investigations
76 and examinations; authorizing the department to
77 petition a court if a person refuses to testify,
78 produce materials, or obey a subpoena or subpoena
79 duces tecum; requiring the court to issue an order;
80 requiring such person to obey the subpoena or show
81 cause for failing to obey the subpoena; providing a
82 penalty for a person who fails to comply with the
83 court’s order; authorizing the department to designate
84 agents for specified purposes; providing that
85 subpoenaed witnesses are entitled to witness fees;
86 providing exceptions; authorizing the department to
87 adopt rules; creating s. 322.71, F.S.; authorizing the
88 department to conduct investigations and examinations
89 relating to violations of certain laws, rules, or
90 orders relating to driver licenses; authorizing the
91 department to exercise certain powers when conducting
92 such investigations and examinations; authorizing the
93 department to petition a court if a person refuses to
94 testify, produce materials, or obey a subpoena or
95 subpoena duces tecum; requiring the court to issue an
96 order; requiring such person to obey the subpoena or
97 show cause for failing to obey the subpoena; providing
98 a penalty for a person who fails to comply with the
99 court’s order; authorizing the department to designate
100 agents for specified purposes; providing that
101 subpoenaed witnesses are entitled to witness fees;
102 providing exceptions; authorizing the department to
103 adopt rules; amending s. 348.754, F.S.; prohibiting
104 the Central Florida Expressway Authority from
105 constructing any extensions, additions, or
106 improvements to the Central Florida Expressway System
107 in Lake County without the prior consultation, rather
108 than consent, of the Secretary of Transportation;
109 reenacting s. 318.18(2)(d), F.S., relating to the
110 amount of penalties, to incorporate the amendment made
111 to s. 316.126, F.S., in a reference thereto;
112 reenacting s. 316.3026(1), F.S., relating to unlawful
113 operation of motor carriers, to incorporate the
114 amendment made to s. 316.70, F.S., in a reference
115 thereto; providing an effective date.
116
117 Be It Enacted by the Legislature of the State of Florida:
118
119 Section 1. Paragraph (b) of subsection (1) of section
120 316.126, Florida Statutes, is amended, and subsection (6) of
121 that section is reenacted, to read:
122 316.126 Operation of vehicles and actions of pedestrians on
123 approach of an authorized emergency, sanitation, or utility
124 service vehicle.—
125 (1)
126 (b) If an authorized emergency vehicle displaying any
127 visual signals is parked on the roadside, a sanitation vehicle
128 is performing a task related to the provision of sanitation
129 services on the roadside, a utility service vehicle is
130 performing a task related to the provision of utility services
131 on the roadside, or a wrecker displaying amber rotating or
132 flashing lights is performing a recovery or loading on the
133 roadside, or a road and bridge maintenance or construction
134 vehicle displaying warning lights is on the roadside without
135 advance signs and channelizing devices, the driver of every
136 other vehicle, as soon as it is safe:
137 1. Shall vacate the lane closest to the emergency vehicle,
138 sanitation vehicle, utility service vehicle, or wrecker, or road
139 and bridge maintenance or construction vehicle when driving on
140 an interstate highway or other highway with two or more lanes
141 traveling in the direction of the emergency vehicle, sanitation
142 vehicle, utility service vehicle, or wrecker, or road and bridge
143 maintenance or construction vehicle except when otherwise
144 directed by a law enforcement officer. If such movement cannot
145 be safely accomplished, the driver shall reduce speed as
146 provided in subparagraph 2.
147 2. Shall slow to a speed that is 20 miles per hour less
148 than the posted speed limit when the posted speed limit is 25
149 miles per hour or greater; or travel at 5 miles per hour when
150 the posted speed limit is 20 miles per hour or less, when
151 driving on a two-lane road, except when otherwise directed by a
152 law enforcement officer.
153 (6) A violation of this section is a noncriminal traffic
154 infraction, punishable pursuant to chapter 318 as either a
155 moving violation for infractions of subsection (1) or subsection
156 (3), or as a pedestrian violation for infractions of subsection
157 (2).
158 Section 2. Subsection (5) of section 316.305, Florida
159 Statutes, is amended to read:
160 316.305 Wireless communications devices; prohibition.—
161 (5) When a law enforcement officer issues a citation for a
162 violation of this section, the law enforcement officer must
163 record the race and ethnicity of the violator. All law
164 enforcement agencies must maintain such information and report
165 the information to the department in a form and manner
166 determined by the department. Beginning February 1, 2020, The
167 department shall annually report the data collected under this
168 subsection to the Governor, the President of the Senate, and the
169 Speaker of the House of Representatives. The data collected must
170 be reported at least by statewide totals for local law
171 enforcement agencies, state law enforcement agencies, and state
172 university law enforcement agencies. The statewide total for
173 local law enforcement agencies shall combine the data for the
174 county sheriffs and the municipal law enforcement agencies.
175 Section 3. Section 316.70, Florida Statutes, is amended to
176 read:
177 316.70 Nonpublic sector buses; safety rules.—
178 (1) All owners and drivers of nonpublic sector buses
179 operated on the public highways of this state are subject to the
180 rules and regulations The Department of Transportation shall
181 establish and revise standards to ensure the safe operation of
182 nonpublic sector buses, which standards shall be those contained
183 in 49 C.F.R. parts 382, 385, and 390-397 to ensure and which
184 shall be directed toward ensuring that:
185 (a) Nonpublic sector buses are safely maintained, equipped,
186 and operated.
187 (b) Nonpublic sector buses are carrying the insurance
188 required by law and carrying liability insurance on the checked
189 baggage of passengers not to exceed the standard adopted by the
190 United States Department of Transportation.
191 (c) Florida license tags are purchased for nonpublic sector
192 buses pursuant to s. 320.38.
193 (d) The driving records of drivers of nonpublic sector
194 buses are checked by their employers at least once each year to
195 ascertain whether the driver has a suspended or revoked driver
196 license.
197 (2) Department of Highway Safety and Motor Vehicles
198 Transportation personnel may conduct compliance reviews for the
199 purpose of determining compliance with this section. A civil
200 penalty not to exceed $5,000 in the aggregate may be assessed
201 against any person who violates any provision of this section or
202 who violates any rule or order of the department found during a
203 compliance review as provided in s. 316.3025. A of
204 Transportation. A civil penalty not to exceed $25,000 in the
205 aggregate may be assessed for violations found in a followup
206 compliance review conducted within a 24-month period. A civil
207 penalty not to exceed $25,000 in the aggregate may be assessed
208 and the motor carrier may be enjoined from operation pursuant to
209 s. 316.3026 for if violations found during a are found after a
210 second followup compliance review within 12 months after the
211 first followup compliance review. Motor carriers found to be
212 operating without insurance coverage required by s. 627.742 or
213 49 C.F.R. part 387 may be enjoined as provided in s. 316.3026.
214 (3) For the purpose of enforcing this section, any law
215 enforcement officer of the Department of Highway Safety and
216 Motor Vehicles or a duly appointed agent of the department who
217 holds a current safety inspector certification from the
218 Commercial Vehicle Safety Alliance may require the driver of any
219 commercial vehicle operated on the highways of this state to
220 stop and submit to an inspection of the vehicle or the driver’s
221 records. If the vehicle is being operated or the driver is
222 operating the vehicle in an unsafe condition, or if any required
223 part or equipment is not present or is not in proper repair or
224 adjustment, and the continued operation would be unduly
225 hazardous, the officer or agent may require the vehicle or the
226 driver to be removed from service pursuant to the North American
227 Standard Out-of-Service Criteria until all safety concerns are
228 corrected. However, if continuous operation would not be unduly
229 hazardous, the officer or agent may give written notice
230 requiring correction of the condition within 15 days after the
231 inspection.
232 (4) School buses subject to the provisions of chapter 1006
233 or s. 316.615 are exempt from the provisions of this section.
234 Section 4. Section 319.1414, Florida Statutes, is created
235 to read:
236 319.1414 Investigations; examinations; subpoenas; hearings;
237 witnesses.—
238 (1) The department may conduct investigations and
239 examinations of department-authorized private rebuilt inspection
240 providers as it deems necessary to determine whether a person
241 has violated or is about to violate this chapter or a contract
242 entered into pursuant to this chapter or to assist with the
243 enforcement of this chapter.
244 (2) For purposes of any investigation or examination
245 conducted pursuant to this section, the department may exercise
246 the power of subpoena and the powers to administer oaths or
247 affirmations, to examine witnesses, to require affidavits, to
248 take depositions, and to compel the attendance of witnesses and
249 the production of books, papers, documents, records, and other
250 evidence. A designated agent of the department may serve a
251 subpoena relating to an investigation or examination.
252 (3) If a person refuses to testify; produce books, papers,
253 documents, or records; or otherwise obey a subpoena or subpoena
254 duces tecum issued under subsection (2), the department may
255 petition a court of competent jurisdiction in the county where
256 the person’s residence or principal place of business is
257 located, upon which the court must issue an order requiring such
258 person to obey the subpoena or show cause for failing to obey
259 the subpoena. Unless the person shows sufficient cause for
260 failing to obey the subpoena, the court shall direct the person
261 to obey the subpoena. Failure to comply with such order is
262 contempt of court.
263 (4) For the purpose of any investigation, examination, or
264 proceeding initiated by the department under this chapter, the
265 department is authorized to designate agents to serve subpoenas
266 and other process and to administer oaths or affirmations.
267 (5) Witnesses subpoenaed under this section are entitled to
268 witness fees at the same rate established by s. 92.142 for
269 witnesses in a civil case, except that witness fees are not
270 payable for appearance at the witness’s place of business during
271 regular business hours or at the witness’s residence.
272 (6) The department may adopt rules to administer this
273 section.
274 Section 5. Section 319.25, Florida Statutes, is amended to
275 read:
276 319.25 Cancellation of certificates; investigations;
277 subpoenas and other process; oaths; rules.—
278 (1) If it appears that a certificate of title has been
279 improperly issued, the department shall cancel the certificate.
280 Upon cancellation of any certificate of title, the department
281 shall notify the person to whom the certificate of title was
282 issued, as well as any lienholders appearing thereon, of the
283 cancellation and shall demand the surrender of the certificate
284 of title, but the cancellation shall not affect the validity of
285 any lien noted thereon. The holder of the certificate of title
286 shall return it to the department forthwith. If a certificate of
287 registration has been issued to the holder of a certificate of
288 title so canceled, the department shall immediately cancel the
289 certificate of registration and demand the return of such
290 certificate of registration and license plate or mobile home
291 sticker; and the holder of such certificate of registration and
292 license plate or sticker shall return them to the department
293 forthwith.
294 (2) The department is authorized, upon application of any
295 person and payment of the proper fees, to prepare and furnish
296 lists containing title information in such form as the
297 department may authorize, to search the records of the
298 department and make reports thereof, and to make photographic
299 copies of the department records and attestations thereof,
300 except as provided in chapter 119.
301 (3) The department may conduct investigations and
302 examinations of any person suspected of violating or of having
303 violated this chapter or any rule adopted or order issued under
304 this chapter.
305 (4) For purposes of any investigation or examination
306 conducted pursuant to this section, the department may exercise
307 the power of subpoena and the powers to administer oaths or
308 affirmations, to examine witnesses, to require affidavits, to
309 take depositions, and to compel the attendance of witnesses and
310 the production of books, papers, documents, records, and other
311 evidence. An authorized representative of the department may
312 serve a subpoena relating to an investigation or examination.
313 (5) If a person refuses to testify; produce books, papers,
314 documents, or records; or otherwise obey the subpoena or
315 subpoena duces tecum issued under subsection (4), the department
316 may petition a court of competent jurisdiction in the county
317 where the person’s residence or principal place of business is
318 located, upon which the court must issue an order requiring such
319 person to obey the subpoena or show cause for failing to obey
320 the subpoena. Unless the person shows sufficient cause for
321 failing to obey the subpoena, the court must direct the person
322 to obey the subpoena. Failure to comply with such order is
323 contempt of court.
324 (6) For the purpose of any investigation, examination, or
325 proceeding initiated by the department under this chapter, the
326 department is authorized to designate agents to serve subpoenas
327 and other process and to administer oaths or affirmations.
328 (7) Witnesses subpoenaed under this section are entitled to
329 witness fees at the same rate established by s. 92.142 for
330 witnesses in a civil case, except that witness fees are not
331 payable for appearance at the witness’s place of business during
332 regular business hours or at the witness’s residence.
333 (8) The department may adopt rules to administer this
334 section.
335 Section 6. Subsection (3) and paragraph (a) of subsection
336 (10) of section 320.27, Florida Statutes, are amended to read:
337 320.27 Motor vehicle dealers.—
338 (3) APPLICATION AND FEE.—The application for the license
339 shall be in such form as may be prescribed by the department and
340 shall be subject to such rules with respect thereto as may be so
341 prescribed by it. Such application shall be verified by oath or
342 affirmation and shall contain a full statement of the name and
343 birth date of the person or persons applying therefor; the name
344 of the firm or copartnership, with the names and places of
345 residence of all members thereof, if such applicant is a firm or
346 copartnership; the names and places of residence of the
347 principal officers, if the applicant is a body corporate or
348 other artificial body; the name of the state under whose laws
349 the corporation is organized; the present and former place or
350 places of residence of the applicant; and prior business in
351 which the applicant has been engaged and the location thereof.
352 Such application shall describe the exact location of the place
353 of business and shall state whether the place of business is
354 owned by the applicant and when acquired, or, if leased, a true
355 copy of the lease shall be attached to the application. The
356 applicant shall certify that the location provides an adequately
357 equipped office and is not a residence; that the location
358 affords sufficient unoccupied space upon and within which
359 adequately to store all motor vehicles offered and displayed for
360 sale; and that the location is a suitable place where the
361 applicant can in good faith carry on such business and keep and
362 maintain books, records, and files necessary to conduct such
363 business, which shall be available at all reasonable hours to
364 inspection by the department or any of its inspectors or other
365 employees. The applicant shall certify that the business of a
366 motor vehicle dealer is the principal business which shall be
367 conducted at that location. The application shall contain a
368 statement that the applicant is either franchised by a
369 manufacturer of motor vehicles, in which case the name of each
370 motor vehicle that the applicant is franchised to sell shall be
371 included, or an independent (nonfranchised) motor vehicle
372 dealer. The application shall contain other relevant information
373 as may be required by the department, including evidence that
374 the applicant is insured under a garage liability insurance
375 policy or a general liability insurance policy coupled with a
376 business automobile policy, which shall include, at a minimum,
377 $25,000 combined single-limit liability coverage including
378 bodily injury and property damage protection and $10,000
379 personal injury protection. However, a salvage motor vehicle
380 dealer as defined in subparagraph (1)(c)5. is exempt from the
381 requirements for garage liability insurance and personal injury
382 protection insurance on those vehicles that cannot be legally
383 operated on roads, highways, or streets in this state. Franchise
384 dealers must submit a garage liability insurance policy, and all
385 other dealers must submit a garage liability insurance policy or
386 a general liability insurance policy coupled with a business
387 automobile policy. Such policy shall be for the license period,
388 and evidence of a new or continued policy shall be delivered to
389 the department at the beginning of each license period. A
390 licensee shall deliver to the department, in the manner
391 prescribed by the department, within 10 calendar days after any
392 renewal or continuation of or change in such policy or within 10
393 calendar days after any issuance of a new such policy, a copy of
394 the renewed, continued, changed, or new policy. Upon making
395 initial application, the applicant shall pay to the department a
396 fee of $300 in addition to any other fees required by law.
397 Applicants may choose to extend the licensure period for 1
398 additional year for a total of 2 years. An initial applicant
399 shall pay to the department a fee of $300 for the first year and
400 $75 for the second year, in addition to any other fees required
401 by law. An applicant for renewal shall pay to the department $75
402 for a 1-year renewal or $150 for a 2-year renewal, in addition
403 to any other fees required by law. Upon making an application
404 for a change of location, the person shall pay a fee of $50 in
405 addition to any other fees now required by law. The department
406 shall, in the case of every application for initial licensure,
407 verify whether certain facts set forth in the application are
408 true. Each applicant, general partner in the case of a
409 partnership, or corporate officer and director in the case of a
410 corporate applicant, must file a set of fingerprints with the
411 department for the purpose of determining any prior criminal
412 record or any outstanding warrants. The department shall submit
413 the fingerprints to the Department of Law Enforcement for state
414 processing and forwarding to the Federal Bureau of Investigation
415 for federal processing. The actual cost of state and federal
416 processing shall be borne by the applicant and is in addition to
417 the fee for licensure. The department may issue a license to an
418 applicant pending the results of the fingerprint investigation,
419 which license is fully revocable if the department subsequently
420 determines that any facts set forth in the application are not
421 true or correctly represented.
422 (10) SURETY BOND OR IRREVOCABLE LETTER OF CREDIT REQUIRED.—
423 (a) Annually, before any license shall be issued to a motor
424 vehicle dealer, the applicant-dealer of new or used motor
425 vehicles shall deliver to the department a good and sufficient
426 surety bond or irrevocable letter of credit, executed by the
427 applicant-dealer as principal, in the sum of $25,000. A licensee
428 shall deliver to the department, in the manner prescribed by the
429 department, within 10 calendar days after any renewal or
430 continuation of or change in such surety bond or irrevocable
431 letter of credit or within 10 calendar days after any issuance
432 of a new such surety bond or irrevocable letter of credit, a
433 copy of such renewed, continued, changed, or new surety bond or
434 irrevocable letter of credit.
435 Section 7. Paragraph (a) of subsection (16) of section
436 320.77, Florida Statutes, is amended to read:
437 320.77 License required of mobile home dealers.—
438 (16) SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF
439 CREDIT REQUIRED.—
440 (a) Before any license shall be issued or renewed, the
441 applicant or licensee shall deliver to the department a good and
442 sufficient surety bond, cash bond, or irrevocable letter of
443 credit, executed by the applicant or licensee as principal. The
444 licensee shall deliver to the department, in the manner
445 prescribed by the department, within 10 calendar days after any
446 renewal or continuation of or change in such surety bond, cash
447 bond, or irrevocable letter of credit or within 10 calendar days
448 after any issuance of a new such surety bond, cash bond, or
449 irrevocable letter of credit, a copy of such renewed, continued,
450 changed, or new surety bond, cash bond, or irrevocable letter of
451 credit. The bond or irrevocable letter of credit shall be in a
452 form to be approved by the department and shall be conditioned
453 upon the dealer’s complying with the conditions of any written
454 contract made by the dealer in connection with the sale,
455 exchange, or improvement of any mobile home and his or her not
456 violating any of the provisions of chapter 319 or this chapter
457 in the conduct of the business for which the dealer is licensed.
458 The bond or irrevocable letter of credit shall be to the
459 department and in favor of any retail customer who shall suffer
460 any loss as a result of any violation of the conditions
461 contained in this section. The bond or irrevocable letter of
462 credit shall be for the license period, and a new bond or
463 irrevocable letter of credit or a proper continuation
464 certificate shall be delivered to the department at the
465 beginning of each license period. However, the aggregate
466 liability of the surety in any one license year shall in no
467 event exceed the sum of such bond, or, in the case of a letter
468 of credit, the aggregate liability of the issuing bank shall not
469 exceed the sum of the credit. The amount of the bond required
470 shall be as follows:
471 1. A single dealer who buys, sells, or deals in mobile
472 homes and who has four or fewer supplemental licenses shall
473 provide a surety bond, cash bond, or irrevocable letter of
474 credit executed by the dealer applicant or licensee in the
475 amount of $25,000.
476 2. A single dealer who buys, sells, or deals in mobile
477 homes and who has more than four supplemental licenses shall
478 provide a surety bond, cash bond, or irrevocable letter of
479 credit executed by the dealer applicant or licensee in the
480 amount of $50,000.
481
482 For the purposes of this paragraph, any person who buys, sells,
483 or deals in both mobile homes and recreational vehicles shall
484 provide the same surety bond required of dealers who buy, sell,
485 or deal in mobile homes only.
486 Section 8. Paragraphs (a) and (b) of subsection (5) of
487 section 320.8225, Florida Statutes, are amended to read:
488 320.8225 Mobile home and recreational vehicle manufacturer,
489 distributor, and importer license.—
490 (5) REQUIREMENT OF ASSURANCE.—
491 (a) Annually, prior to the receipt of a license to
492 manufacture mobile homes, the applicant or licensee shall
493 submit, in the manner prescribed by the department, a surety
494 bond, cash bond, or letter of credit from a financial
495 institution, or a proper continuation certificate, sufficient to
496 assure satisfaction of claims against the licensee for failure
497 to comply with appropriate code standards, failure to provide
498 warranty service, or violation of any provisions of this
499 section. The amount of the surety bond, cash bond, or letter of
500 credit must be $50,000. Only one surety bond, cash bond, or
501 letter of credit shall be required for each manufacturer,
502 regardless of the number of factory locations. The surety bond,
503 cash bond, or letter of credit must be to the department, in
504 favor of any retail customer who suffers a loss arising out of
505 noncompliance with code standards or failure to honor or provide
506 warranty service. The department may disapprove any bond or
507 letter of credit that does not provide assurance as provided in
508 this section. A licensee shall deliver to the department, in the
509 manner prescribed by the department, within 10 calendar days
510 after any renewal or continuation of or change in such surety
511 bond, cash bond, or letter of credit or within 10 calendar days
512 after any issuance of a new such surety bond, cash bond, or
513 letter of credit, a copy of such renewed, continued, changed, or
514 new surety bond, cash bond, or letter of credit.
515 (b) Annually, before prior to the receipt of a license to
516 manufacture, distribute, or import recreational vehicles, the
517 applicant or licensee shall submit, in the manner prescribed by
518 the department, a surety bond, or a proper continuation
519 certificate, sufficient to assure satisfaction of claims against
520 the licensee for failure to comply with appropriate code
521 standards, failure to provide warranty service, or violation of
522 any provisions of this section. The amount of the surety bond
523 must be $10,000 per year. The surety bond must be to the
524 department, in favor of any retail customer who suffers loss
525 arising out of noncompliance with code standards or failure to
526 honor or provide warranty service. The department may disapprove
527 any bond that does not provide assurance as provided in this
528 section. The licensee shall deliver to the department, in the
529 manner prescribed by the department, within 10 calendar days
530 after any renewal or continuation of or change in such surety
531 bond or within 10 calendar days after any issuance of a new such
532 surety bond, a copy of such renewed, continued, changed, or new
533 surety bond.
534 Section 9. Section 320.861, Florida Statutes, is amended to
535 read:
536 320.861 Investigations; subpoenas and other process; oaths;
537 rules Inspection of records; production of evidence; subpoena
538 power.—
539 (1) The department may conduct investigations and
540 examinations of any person suspected of violating or of having
541 violated this chapter or any rule adopted or order issued
542 thereunder inspect the pertinent books, records, letters, and
543 contracts of any licensee, whether dealer or manufacturer,
544 relating to any written complaint made to it against such
545 licensee.
546 (2) For purposes of any investigation or examination
547 conducted pursuant to this section, the department may is
548 granted and authorized to exercise the power of subpoena and the
549 powers to administer oaths or affirmations, to examine
550 witnesses, to require affidavits, to take depositions, and to
551 compel the attendance of witnesses and the production of books,
552 papers, documents, records, and other evidence. A designated
553 agent of the department may serve a subpoena relating to an
554 investigation or examination for the attendance of witnesses and
555 the production of any documentary evidence necessary to the
556 disposition by it of any written complaint against any licensee,
557 whether dealer or manufacturer.
558 (3) If a person refuses to testify; to produce books,
559 papers, documents, or records; or to otherwise obey the subpoena
560 or subpoena duces tecum issued under subsection (2), the
561 department may petition a court of competent jurisdiction in the
562 county where the person’s residence or principal place of
563 business is located, upon which the court must issue an order
564 requiring such person to obey the subpoena or show cause for
565 failing to obey the subpoena. Unless the person shows sufficient
566 cause for failing to obey the subpoena, the court must direct
567 the person to obey the subpoena. Failure to comply with such
568 order constitutes contempt of court.
569 (4) For the purpose of any investigation, examination, or
570 proceeding initiated by the department under this chapter, the
571 department may designate agents to serve subpoenas and other
572 process and to administer oaths or affirmations. The department
573 shall exercise this power on its own initiative in accordance
574 with ss. 320.615 and 320.71.
575 (5) Witnesses subpoenaed under this section are entitled to
576 witness fees at the same rate established by s. 92.142 for
577 witnesses in a civil case, except that witness fees are not
578 payable for appearance at the witness’s place of business during
579 regular business hours or at the witness’s residence.
580 (6) The department may adopt rules to administer this
581 section.
582 Section 10. Section 322.71, Florida Statutes, is created to
583 read:
584 322.71 Investigations; subpoenas and other process; oaths;
585 rules.—
586 (1) The department may conduct investigations and
587 examinations of any person suspected of violating or of having
588 violated any provision of this chapter or any rule adopted or
589 order issued under this chapter.
590 (2) For purposes of any investigation or examination
591 conducted pursuant to this section, the department may exercise
592 the power of subpoena and the powers to administer oaths or
593 affirmations, to examine witnesses, to require affidavits, to
594 take depositions, and to compel the attendance of witnesses and
595 the production of books, papers, documents, records, and other
596 evidence. Such subpoenas may be served by an authorized
597 representative of the department.
598 (3) If a person refuses to testify; to produce books,
599 papers, documents, or records; or to otherwise obey the subpoena
600 or subpoena duces tecum issued under subsection (2), the
601 department may petition a court of competent jurisdiction in the
602 county where the person’s residence or principal place of
603 business is located, upon which the court must issue an order
604 requiring such person to obey the subpoena or show cause for
605 failing to obey the subpoena. Unless the person shows sufficient
606 cause for failing to obey the subpoena, the court must direct
607 the person to obey the subpoena. Failure to comply with such
608 order constitutes contempt of court.
609 (4) For the purpose of any investigation, examination, or
610 proceeding initiated by the department under this chapter, the
611 department may designate agents to serve subpoenas and other
612 process and to administer oaths or affirmations.
613 (5) Witnesses subpoenaed under this section are entitled to
614 witness fees at the same rate established by s. 92.142 for
615 witnesses in a civil case, except that witness fees are not
616 payable for appearance at the witness’s place of business during
617 regular business hours or at the witness’s residence.
618 (6) The department may adopt rules to administer this
619 section.
620 Section 11. Paragraph (c) of subsection (1) of section
621 348.754, Florida Statutes, is amended to read:
622 348.754 Purposes and powers.—
623 (1)
624 (c) Notwithstanding any other provision of this section to
625 the contrary, to ensure the continued financial feasibility of
626 the portion of the Wekiva Parkway to be constructed by the
627 department, the authority may not, without the prior
628 consultation consent of the secretary of the department,
629 construct any extensions, additions, or improvements to the
630 expressway system in Lake County.
631 Section 12. For the purpose of incorporating the amendment
632 made by this act to section 316.126, Florida Statutes, in a
633 reference thereto, paragraph (d) of subsection (2) of section
634 318.18, Florida Statutes, is reenacted to read:
635 318.18 Amount of penalties.—The penalties required for a
636 noncriminal disposition pursuant to s. 318.14 or a criminal
637 offense listed in s. 318.17 are as follows:
638 (2) Thirty dollars for all nonmoving traffic violations
639 and:
640 (d) For all violations of s. 316.126(1)(b), unless
641 otherwise specified.
642 Section 13. For the purpose of incorporating the amendment
643 made by this act to section 316.70, Florida Statutes, in a
644 reference thereto, subsection (1) of section 316.3026, Florida
645 Statutes, is reenacted to read:
646 316.3026 Unlawful operation of motor carriers.—
647 (1) The Office of Commercial Vehicle Enforcement may issue
648 out-of-service orders to motor carriers, as defined in s.
649 320.01, who, after proper notice, have failed to pay any penalty
650 or fine assessed by the department, or its agent, against any
651 owner or motor carrier for violations of state law, refused to
652 submit to a compliance review and provide records pursuant to s.
653 316.302(6) or s. 316.70, or violated safety regulations pursuant
654 to s. 316.302 or insurance requirements in s. 627.7415. Such
655 out-of-service orders have the effect of prohibiting the
656 operations of any motor vehicles owned, leased, or otherwise
657 operated by the motor carrier upon the roadways of this state,
658 until the violations have been corrected or penalties have been
659 paid. Out-of-service orders must be approved by the director of
660 the Division of the Florida Highway Patrol or his or her
661 designee. An administrative hearing pursuant to s. 120.569 shall
662 be afforded to motor carriers subject to such orders.
663 Section 14. This act shall take effect July 1, 2021.
