Bill Text: FL S0784 | 2017 | Regular Session | Comm Sub
Bill Title: Motor Vehicles
Spectrum: Bipartisan Bill
Status: (Failed) 2017-05-04 - Laid on Table, companion bill(s) passed, see CS/CS/HB 467 (Ch. 2017-85) [S0784 Detail]
Download: Florida-2017-S0784-Comm_Sub.html
Florida Senate - 2017 CS for CS for SB 784 By the Committees on Appropriations; and Transportation; and Senators Gainer and Rouson 576-04749-17 2017784c2 1 A bill to be entitled 2 An act relating to motor vehicles; amending s. 3 316.003, F.S.; defining the term “autocycle”; 4 redefining the term “motorcycle”; conforming a cross- 5 reference; amending s. 316.193, F.S.; authorizing a 6 court to order placement of an ignition interlock 7 device as a condition of probation, subject to certain 8 requirements; authorizing the court to withhold 9 adjudication if a person convicted of a certain 10 offense voluntarily places, or if the court orders 11 placement of, an ignition interlock device, under 12 certain circumstances; providing that failure of the 13 person to comply with the full terms of the order 14 requiring placement of an ignition interlock device 15 may result in the court ordering an adjudication of 16 guilt; defining the term “conviction”; amending s. 17 316.1937, F.S.; requiring a court that imposes the use 18 of an ignition interlock device to provide certain 19 discounts on the monthly leasing fee for the device, 20 if the person documents that he or she meets certain 21 income requirements; waiving costs associated with 22 installation and removal of the device in certain 23 circumstances; amending ss. 316.2397 and 316.2398, 24 F.S.; prohibiting vehicles or equipment from showing 25 or displaying red and white lights while being driven 26 or moved; authorizing firefighters to use or display 27 red and white lights under certain circumstances; 28 authorizing active volunteer firefighters to display 29 red and white warning signals under certain 30 circumstances; amending s. 316.302, F.S.; revising 31 provisions relating to federal regulations to which 32 owners and drivers of commercial motor vehicles are 33 subject; delaying the requirement for electronic 34 logging devices for intrastate motor carriers; 35 terminating the maximum amount of a civil penalty for 36 falsification of information on certain time records; 37 deleting the requirement that a motor carrier maintain 38 documentation of a driver’s driving times throughout a 39 duty period if the driver is not released from duty 40 within a specified period; providing an exemption from 41 specified rules and regulations for a person who 42 operates a commercial motor vehicle with a declared 43 gross vehicle weight, gross vehicle weight rating, and 44 gross combined weight rating of less than a specified 45 amount under certain circumstances; amending s. 46 316.3025, F.S.; conforming provisions to changes made 47 by the act; amending s. 316.614, F.S.; redefining the 48 term “motor vehicle”; prohibiting a person from 49 operating an autocycle unless certain safety belt or 50 child restraint device requirements are met; amending 51 s. 316.85, F.S.; authorizing a person who possesses a 52 valid driver license to engage autonomous technology 53 to operate an autonomous vehicle under a specified 54 circumstance; authorizing a person who does not 55 possess a valid driver license to engage autonomous 56 technology to operate an autonomous vehicle in 57 autonomous mode under certain circumstances; creating 58 s. 316.851, F.S.; requiring an autonomous vehicle used 59 by a transportation network company to be covered by 60 automobile insurance, subject to certain requirements; 61 requiring an autonomous vehicle used to provide a 62 transportation service to carry in the vehicle proof 63 of coverage satisfying certain requirements at all 64 times while operating in autonomous mode; amending s. 65 318.1215, F.S.; authorizing a board of county 66 commissioners to require, by ordinance, that the clerk 67 of the court collect an additional specified fee with 68 each criminal, rather than each civil, traffic 69 penalty; amending s. 318.18, F.S.; changing the term 70 “construction zone” to “work zone” as it relates to 71 enhanced penalties for unlawful speed; amending s. 72 320.01, F.S.; redefining the terms “apportionable 73 vehicle” and “motorcycle”; amending s. 320.02, F.S.; 74 requiring an application form for motor vehicle 75 registration to include language authorizing a 76 voluntary contribution to be distributed to Preserve 77 Vision Florida, rather than to Prevent Blindness 78 Florida; amending s. 320.03, F.S.; requiring tax 79 collectors to provide motor vehicle registration 80 services to residents of other counties; providing 81 that jurisdiction over the electronic filing system 82 for use by authorized electronic filing system agents 83 to process title transactions, derelict motor vehicle 84 certificates, and certificates of destruction for 85 derelict and salvage motor vehicles is preempted to 86 the state; authorizing an entity that, in the normal 87 course of its business, processes title transactions, 88 derelict motor vehicle certificates, or certificates 89 of destruction for derelict or salvage motor vehicles 90 to be an authorized electronic filing system agent; 91 authorizing the department to adopt rules to 92 administer specified provisions; amending s. 320.06, 93 F.S.; providing for future repeal of issuance of a 94 certain annual license plate and cab card to a vehicle 95 that has an apportioned registration; providing 96 requirements, beginning on a specified date, for 97 license plates, cab cards, and validation stickers for 98 vehicles registered in accordance with the 99 International Registration Plan; authorizing a worn or 100 damaged license plate to be replaced at no charge 101 under certain circumstances; providing an exception to 102 the design of dealer license plates for specialty 103 license plates; amending s. 320.0605, F.S.; 104 authorizing presentation of electronic documentation 105 of certain information to a law enforcement officer or 106 agent of the department; providing construction; 107 providing liability; revising information required in 108 such documentation; amending s. 320.0607, F.S.; 109 providing an exemption, beginning on a specified date, 110 of a certain fee for vehicles registered under the 111 International Registration Plan; amending s. 320.0657, 112 F.S.; providing an exception to the design of fleet 113 license plates for specialty license plates; 114 authorizing fleet companies to purchase specialty 115 license plates in lieu of the standard fleet license 116 plates for additional specified fees; requiring fleet 117 companies to be responsible for all costs associated 118 with the specialty license plate; amending s. 320.08, 119 F.S.; requiring a truck tractor used within this state 120 to be eligible for a license plate for a specified fee 121 under certain circumstances; requiring a truck tractor 122 or heavy truck, not operated as a for-hire vehicle, 123 which is engaged exclusively in transporting raw, 124 unprocessed, and nonmanufactured agricultural or 125 horticultural products within this state to be 126 eligible for a restricted license for a certain fee; 127 authorizing dealers to purchase specialty license 128 plates in lieu of the standard graphic dealer license 129 plates for additional specified fees; requiring 130 dealers to be responsible for all costs associated 131 with the specialty license plate; conforming cross 132 references; amending s. 320.08056, F.S.; allowing the 133 department to authorize dealer and fleet specialty 134 license plates; authorizing a dealer or fleet company 135 to purchase specialty license plates to be used on 136 dealer and fleet vehicles with the permission of the 137 sponsoring specialty license plate organization; 138 requiring a dealer or fleet specialty license plate to 139 include specified letters on the right side of the 140 license plate; requiring dealer and fleet specialty 141 license plates to be ordered directly through the 142 department; deleting the American Red Cross, Donate 143 Organs-Pass It On, St. Johns River, and Hispanic 144 Achievers license plates; establishing an annual use 145 fee for certain specialty license plates; conforming 146 cross-references; amending s. 320.08058, F.S.; 147 deleting the American Red Cross, Donate Organs-Pass It 148 On, St. Johns River, and Hispanic Achievers license 149 plates; revising the distribution of proceeds for the 150 Fallen Law Enforcement Officers License Plate; 151 requiring the Department of Highway Safety and Motor 152 Vehicles to develop certain specialty license plates; 153 providing for distribution and use of fees collected 154 from the sale of the plates; amending s. 320.08068, 155 F.S.; requiring The Able Trust to distribute a 156 specified percentage of annual use fees from 157 motorcycle specialty license plates to Preserve Vision 158 Florida, rather than to Prevent Blindness Florida; 159 amending s. 320.086, F.S.; providing that, for 160 purposes of this section, a trailer is considered a 161 motor vehicle; creating s. 320.0875, F.S.; providing 162 for a motorcycle special license plate to be issued to 163 a recipient of the Purple Heart; providing 164 requirements for the plate; amending s. 320.089, F.S.; 165 providing for a special license plate to be issued to 166 a recipient of the Bronze Star; making technical 167 changes; amending s. 320.133, F.S.; defining the term 168 “transporter license plate eligible business”; 169 providing that a person is not eligible to purchase or 170 renew a transporter license plate unless he or she 171 provides certain proof that his or her business is a 172 transporter license plate eligible business; providing 173 application and insurance requirements for 174 qualification as a transporter license plate eligible 175 business; authorizing the department to issue a 176 transporter license plate to an applicant who is not a 177 licensed dealer and is qualified as a transporter 178 license plate eligible business, under certain 179 circumstances; providing that a transporter license 180 plate is valid only for use on an unregistered motor 181 vehicle in the possession of the transporter, subject 182 to certain requirements; providing a criminal penalty 183 for a person who sells or unlawfully possesses, 184 distributes, or brokers a transporter license plate to 185 be attached to any vehicle; providing that transporter 186 license plates are subject to cancellation by the 187 department; providing a criminal penalty and 188 disqualification from transporter license plate usage 189 for a person who knowingly and willfully sells or 190 unlawfully possesses, distributes, or brokers a 191 transporter license plate to avoid registering a 192 vehicle requiring registration, subject to certain 193 requirements; providing recordkeeping requirements for 194 a transporter license plate eligible business; 195 providing a criminal penalty, cancellation of 196 transporter license plates, and disqualification from 197 future issuance of the plates for a violation of such 198 recordkeeping requirements; requiring a transporter 199 license plate issued under this section to be 200 accompanied by registration and proof of insurance 201 when attached to a motor vehicle; providing a criminal 202 penalty and removal of the license plate for a person 203 who fails to provide such documentation; providing an 204 exemption to persons who contract with dealers and 205 auctions to transport motor vehicles; conforming 206 provisions to changes made by the act; providing that 207 an initial registration or renewal issued under this 208 section is valid for a specified period; requiring a 209 license plate attached to a motor vehicle in violation 210 of specified provisions to be removed by a law 211 enforcement officer and surrendered to the department 212 by the law enforcement agency for cancellation; 213 amending s. 320.27, F.S.; revising the definitions of 214 “motor vehicle dealer” and “motor vehicle broker”; 215 requiring any person acting in violation of specified 216 licensing requirements to be deemed to have committed 217 an unfair and deceptive trade practice in violation of 218 specified provisions; making technical changes; 219 amending s. 321.25, F.S.; providing for reimbursement 220 to the department of tuition and other course expenses 221 for certain training under certain circumstances; 222 defining the term “other course expenses”; authorizing 223 the department to institute a civil action under 224 certain circumstances; authorizing the department to 225 waive a person’s requirement of reimbursement when the 226 person terminates employment due to hardship or 227 extenuating circumstances; amending s. 322.01, F.S.; 228 conforming provisions to changes made by the act; 229 amending s. 322.03, F.S.; authorizing a person to 230 operate an autocycle without a motorcycle endorsement; 231 amending s. 322.032, F.S.; requiring the department, 232 in collaboration with the Agency for State Technology, 233 to establish and implement certain protocols and 234 standards related to digital proofs of driver licenses 235 and to procure an application programming interface 236 for a specified purpose; conforming a provision to 237 changes made by the act; providing construction 238 relating to a person’s presentation of an electronic 239 device displaying a digital proof of driver license to 240 a law enforcement officer; amending s. 322.051, F.S.; 241 revising eligibility for a “D” designation on an 242 identification card to include posttraumatic stress 243 disorder or traumatic brain injury; amending s. 244 322.08, F.S.; requiring an application form for an 245 original, renewal, or replacement driver license or 246 identification card to include language authorizing a 247 voluntary contribution to Preserve Vision Florida, 248 rather than to Prevent Blindness Florida; amending s. 249 322.091, F.S.; requiring the department to make 250 available, upon request, a report to each school 251 district of certain information for each student whose 252 driving privileges have been suspended under this 253 section; amending s. 322.12, F.S.; requiring the tax 254 collector to retain specified fees if a subsequent 255 knowledge or skills test is administered by the tax 256 collector; exempting the operation of an autocycle 257 from certain examination requirements for licenses to 258 operate motorcycles; amending s. 322.135, F.S.; 259 requiring tax collectors to provide driver license 260 services to residents of all counties; amending s. 261 322.17, F.S.; providing for replacement of a stolen 262 identification card at no charge, subject to certain 263 requirements; amending s. 322.21, F.S.; deleting 264 obsolete provisions; deleting a fee for certain 265 specialty driver licenses or identification cards; 266 providing disposition of specified fees for 267 reinstatement of a driver license following a 268 suspension, revocation, or disqualification when the 269 reinstatement is processed by the department or the 270 tax collector; requiring an applicant who submits an 271 application for a renewal or replacement driver 272 license or identification card to the department using 273 a convenience service to be provided with an option 274 for expedited shipping, subject to certain 275 requirements; requiring a fee to be charged for the 276 expedited shipping option, subject to certain 277 requirements; providing for disposition of such fee; 278 amending s. 322.61, F.S.; adding violations for 279 texting or using a handheld mobile telephone while 280 driving a commercial motor vehicle as specified 281 offenses that, in certain circumstances, result in 282 disqualification from operating a commercial motor 283 vehicle for a specified period; amending s. 324.031, 284 F.S.; revising insurer requirements for a motor 285 vehicle liability policy held by the owner or operator 286 of a taxicab, limousine, jitney, or any other for-hire 287 passenger transportation vehicle; revising certain 288 excess insurance minimum limits for an operator or 289 owner of any other vehicle proving his or her 290 financial responsibility by furnishing a certain 291 certificate of self-insurance showing a deposit of 292 cash; amending s. 531.37, F.S.; revising the 293 definition of the term “weights and measures”; 294 amending s. 531.61, F.S.; deleting a provision 295 exempting certain taximeters from specified permit 296 requirements; amending s. 531.63, F.S.; deleting a 297 provision prohibiting the annual permit fees for 298 taximeters from exceeding $50; amending s. 877.27, 299 F.S.; prohibiting a person from using a device 300 prohibited by the Federal Communications Commission 301 which would cause interference with the legal use of a 302 global positioning system to track vehicles; amending 303 ss. 212.05, 316.303, 316.545, 316.613, and 655.960, 304 F.S.; conforming cross-references; providing 305 applicability of certain changes made by the act; 306 providing effective dates, one of which is contingent. 307 308 Be It Enacted by the Legislature of the State of Florida: 309 310 Section 1. Present subsections (2) through (97) of section 311 316.003, Florida Statutes, are redesignated as subsections (3) 312 through (98), respectively, a new subsection (2) is added to 313 that section, and present subsections (41) and (55) of that 314 section are amended, to read: 315 316.003 Definitions.—The following words and phrases, when 316 used in this chapter, shall have the meanings respectively 317 ascribed to them in this section, except where the context 318 otherwise requires: 319 (2) AUTOCYCLE.—A three-wheel motorcycle that has two wheels 320 in the front and one wheel in the back, is equipped with a roll 321 cage or roll hoops, safety belts for each occupant, antilock 322 brakes, a steering wheel, and seating that does not require the 323 operator to straddle or sit astride it and is manufactured by a 324 National Highway Traffic Safety Administration registered 325 manufacturer in accordance with the applicable federal 326 motorcycle safety standards under 49 C.F.R. part 571. 327 (42)(41)MOTORCYCLE.—Any motor vehicle that hashavinga 328 seat or saddle for the use of the rider which isanddesigned to 329 travel on not more than three wheels in contact with the ground, 330 including an autocycle. The term does not include a tractor, a 331 moped, or a vehicle in which the operator is enclosed by a cabin 332 unless the vehicle meets the requirements set forth by the 333 National Highway Traffic Safety Administration for a motorcycle 334but excluding a tractor or a moped. 335 (56)(55)PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 336 provided in paragraph (78)(b)(77)(b), any privately owned way 337 or place used for vehicular travel by the owner and those having 338 express or implied permission from the owner, but not by other 339 persons. 340 Section 2. Subsection (2) of section 316.193, Florida 341 Statutes, is amended to read: 342 316.193 Driving under the influence; penalties.— 343 (2) 344 (a) Except as provided in paragraph (b), subsection (3), or 345 subsection (4), any person who is convicted of a violation of 346 subsection (1) shall be punished: 347 1. By a fine of: 348 a. Not less than $500 or more than $1,000 for a first 349 conviction. 350 b. Not less than $1,000 or more than $2,000 for a second 351 conviction; and 352 2. By imprisonment for: 353 a. Not more than 6 months for a first conviction. 354 b. Not more than 9 months for a second conviction. 355 3. For a second conviction, by mandatory placement for a 356 period of at least 1 year, at the convicted person’s sole 357 expense, of an ignition interlock device approved by the 358 department in accordance with s. 316.1938 upon all vehicles that 359 are individually or jointly leased or owned and routinely 360 operated by the convicted person, when the convicted person 361 qualifies for a permanent or restricted license. The 362 installation of such device may not occur before July 1, 2003. 363 (b)1. Any person who is convicted of a third violation of 364 this section for an offense that occurs within 10 years after a 365 prior conviction for a violation of this section commits a 366 felony of the third degree, punishable as provided in s. 367 775.082, s. 775.083, or s. 775.084. In addition, the court shall 368 order the mandatory placement for a period of not less than 2 369 years, at the convicted person’s sole expense, of an ignition 370 interlock device approved by the department in accordance with 371 s. 316.1938 upon all vehicles that are individually or jointly 372 leased or owned and routinely operated by the convicted person, 373 when the convicted person qualifies for a permanent or 374 restricted license. The installation of such device may not 375 occur before July 1, 2003. 376 2. Any person who is convicted of a third violation of this 377 section for an offense that occurs more than 10 years after the 378 date of a prior conviction for a violation of this section shall 379 be punished by a fine of not less than $2,000 or more than 380 $5,000 and by imprisonment for not more than 12 months. In 381 addition, the court shall order the mandatory placement for a 382 period of at least 2 years, at the convicted person’s sole 383 expense, of an ignition interlock device approved by the 384 department in accordance with s. 316.1938 upon all vehicles that 385 are individually or jointly leased or owned and routinely 386 operated by the convicted person, when the convicted person 387 qualifies for a permanent or restricted license. The 388 installation of such device may not occur before July 1, 2003. 389 3. Any person who is convicted of a fourth or subsequent 390 violation of this section, regardless of when any prior 391 conviction for a violation of this section occurred, commits a 392 felony of the third degree, punishable as provided in s. 393 775.082, s. 775.083, or s. 775.084. However, the fine imposed 394 for such fourth or subsequent violation may be not less than 395 $2,000. 396 (c) In addition to the penalties in paragraph (a), as a 397 condition of probation, the court may order placement, at the 398 convicted person’s sole expense, of an ignition interlock device 399 approved by the department in accordance with s. 316.1938 for at 400 least 6 continuous months upon all vehicles that are 401individually or jointly leased or owned androutinely operated 402 by the convicted personif, at the time of the offense, the403person had a blood-alcohol level or breath-alcohol level of .08404or higher. If the convicted person is convicted of a first 405 offense misdemeanor of the second degree and has not caused 406 injury to, or the death of, a person or damage to property and 407 such person voluntarily places, or if the court orders placement 408 of, an interlock device under this subsection, the court, upon 409 proper showing that the person has received counseling, 410 treatment, rehabilitation or is enrolled in a substance abuse 411 course pursuant to subsection (5), may withhold adjudication if 412 the person does not have a prior withholding of adjudication or 413 adjudication of guilt for any other offense. Failure of the 414 person to comply with the full terms of the order of placement 415 of the ignition interlock device may result in, among other 416 penalties, the court ordering an adjudication of guilt. 417 418 For purposes of this subsection, the term “conviction” means a 419 determination of guilt which is the result of a plea or a trial, 420 regardless of whether adjudication is withheld or a plea of nolo 421 contendere is entered. 422 Section 3. Subsection (2) of section 316.1937, Florida 423 Statutes, is amended to read: 424 316.1937 Ignition interlock devices, requiring; unlawful 425 acts.— 426 (2) If the court imposes the use of an ignition interlock 427 device, the court shall: 428 (a) Stipulate on the record the requirement for, and the 429 period of, the use of a certified ignition interlock device. 430 (b) Order that the records of the department reflect such 431 requirement. 432 (c) Order that an ignition interlock device be installed, 433 as the court may determine necessary, on any vehicle owned or 434 operated by the person. 435 (d) If the person claims inability to pay, provide the 436 following discounts on the monthly leasing fee: 437 1. If a person’s family income is at or below 100 percent 438 of the federal poverty level as documented by written order of 439 the court, the regular monthly leasing fee charged to all 440 customers by the interlock provider shall be discounted by 50 441 percent. 442 2. If a person’s family income is at or below 149 percent 443 of the federal poverty level as documented by written order of 444 the court, the regular monthly leasing fee charged to all 445 customers by the interlock provider shall be discounted by 25 446 percent. 447 448 Persons who qualify for a reduced leasing fee as provided in 449 this paragraph are not required to pay the costs of installation 450 or removal of the device.Determine the person’s ability to pay451for installation of the device if the person claims inability to452pay. If the court determines that the person is unable to pay453for installation of the device, the court may order that any454portion of a fine paid by the person for a violation of s.455316.193 shall be allocated to defray the costs of installing the456device.457 (e) Require proof of installation of the device and 458 periodic reporting to the department for verification of the 459 operation of the device in the person’s vehicle. 460 Section 4. Subsections (1) and (3) of section 316.2397, 461 Florida Statutes, are amended to read: 462 316.2397 Certain lights prohibited; exceptions.— 463 (1) ANoperson may notshalldrive or move or cause to be 464 moved any vehicle or equipment upon any highway within this 465 state with aanylamp or device thereon showing or displaying a 466 red, red and white, or blue light visible from directly in front 467 thereof except for certain vehicleshereinafterprovided in this 468 section. 469 (3) Vehicles of the fire department and fire patrol, 470 including vehicles of volunteer firefighters as permitted under 471 s. 316.2398, may show or display red, or red and white, lights. 472 Vehicles of medical staff physicians or technicians of medical 473 facilities licensed by the state as authorized under s. 474 316.2398, ambulances as authorized under this chapter, and buses 475 and taxicabs as authorized under s. 316.2399 may show or display 476 red lights. Vehicles of the fire department, fire patrol, police 477 vehicles, and such ambulances and emergency vehicles of 478 municipal and county departments, public service corporations 479 operated by private corporations, the Fish and Wildlife 480 Conservation Commission, the Department of Environmental 481 Protection, the Department of Transportation, the Department of 482 Agriculture and Consumer Services, and the Department of 483 Corrections as are designated or authorized by their respective 484 department or the chief of police of an incorporated city or any 485 sheriff of any county may operate emergency lights and sirens in 486 an emergency. Wreckers, mosquito control fog and spray vehicles, 487 and emergency vehicles of governmental departments or public 488 service corporations may show or display amber lights when in 489 actual operation or when a hazard exists provided they are not 490 used going to and from the scene of operation or hazard without 491 specific authorization of a law enforcement officer or law 492 enforcement agency. Wreckers, flatbed, car carriers, or 493 rollbacks registered as wreckers pursuant to s. 320.08(5)(d) or 494 (e) must use amber rotating or flashing lights while performing 495 recoveries and loading on the roadside day or night, and may use 496 such lights while towing a vehicle on wheel lifts, slings,or497 under reach, flatbeds, car carriers, or rollbacks if the 498 operator of the wrecker deems such lights necessary.A flatbed,499car carrier, or rollback may not use amber rotating or flashing500lights when hauling a vehicle on the bed unless it creates a501hazard to other motorists because of protruding objects.502 Further, escort vehicles may show or display amber lights when 503 in the actual process of escorting overdimensioned equipment, 504 material, or buildings as authorized by law. Vehicles owned or 505 leased by private security agencies may show or display green 506 and amber lights, with either color being no greater than 50 507 percent of the lights displayed, while the security personnel 508 are engaged in security duties on private or public property. 509 Section 5. Section 316.2398, Florida Statutes, is amended 510 to read: 511 316.2398 Display or use of red, or red and white, warning 512 signals; motor vehicles of volunteer firefighters or medical 513 staff.— 514 (1) A privately owned vehicle belonging to an active 515 firefighter member of a regularly organized volunteer 516 firefighting company or association, while en route to the fire 517 station for the purpose of proceeding to the scene of a fire or 518 other emergency or while en route to the scene of a fire or 519 other emergency in the line of duty as an active firefighter 520 member of a regularly organized firefighting company or 521 association, may display or use red, or red and white, warning 522 signals.orA privately owned vehicle belonging to a medical 523 staff physician or technician of a medical facility licensed by 524 the state, while responding to an emergency in the line of duty, 525 may display or use red warning signals. Warning signals must be 526 visible from the front and from the rear of such vehicle, 527 subject to the following restrictions and conditions: 528 (a) Red, or red and white,No more than two redwarning 529 signals may be displayed as determined by the responding agency 530 in order to maintain public safety and the safety of the 531 responding vehicle occupants. 532 (b) No inscription of any kind may appear across the face 533 of the lens of the red, or red and white, warning signal. 534 (c) In order for an active volunteer firefighter to display 535 such red, or red and white, warning signals on his or her 536 vehicle, the volunteer firefighter must first secure a written 537 permit from the chief executive officers of the firefighting 538 organization to use the red, or red and white, warning signals, 539 and this permit must be carried by the volunteer firefighter at 540 all times while the red, or red and white, warning signals are 541 displayed. 542 (2) AIt is unlawful for anyperson who is not an active 543 firefighter member of a regularly organized volunteer 544 firefighting company or association or a physician or technician 545 of the medical staff of a medical facility licensed by the state 546 may nottodisplay on any motor vehicle owned by him or her, at 547 any time, any red, or red and white, warning signals as 548 described in subsection (1). 549 (3)It is unlawful forAn active volunteer firefighter may 550 nottooperate any red, or red and white, warning signals as 551 authorized in subsection (1), except while en route to the fire 552 station for the purpose of proceeding to the scene of a fire or 553 other emergency, or while at or en route to the scene of a fire 554 or other emergency, in the line of duty. 555 (4)It is unlawful forA physician or technician of the 556 medical staff of a medical facility may nottooperate any red 557 warning signals as authorized in subsection (1), except when 558 responding to an emergency in the line of duty. 559 (5) A violation of this section is a nonmoving violation, 560 punishable as provided in chapter 318. In addition, aany561 volunteer firefighter who violates this section shall be 562 dismissed from membership in the firefighting organization by 563 the chief executive officers thereof. 564 Section 6. Subsection (1) and paragraphs (a), (c), (d), and 565 (f) of subsection (2) of section 316.302, Florida Statutes, are 566 amended to read: 567 316.302 Commercial motor vehicles; safety regulations; 568 transporters and shippers of hazardous materials; enforcement.— 569 (1) Except as otherwise provided in subsection (3): 570 (a) All owners and drivers of commercial motor vehicles 571 that are operated on the public highways of this state while 572 engaged in interstate commerce are subject to the rules and 573 regulations contained in 49 C.F.R. parts 382, 385, and 390-397. 574 (b) Except as otherwise provided in this section, all 575 owners or drivers of commercial motor vehicles that are engaged 576 in intrastate commerce are subject to the rules and regulations 577 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with578the exception of 49 C.F.R. s. 390.5 as it relates to the579definition of bus,as such rules and regulations existed on 580 December 31, 20162012. 581 (c) The emergency exceptions provided by 49 C.F.R. s. 582 392.82 also apply to communications by utility drivers and 583 utility contractor drivers during a Level 1 activation of the 584 State Emergency Operations Center, as provided in the Florida 585 Comprehensive Emergency Management plan, or during a state of 586 emergency declared by executive order or proclamation of the 587 Governor. 588 (d) Except as provided ins. 316.215(5), and except as589provided ins. 316.228 for rear overhang lighting and flagging 590 requirements for intrastate operations, the requirements of this 591 section supersede all other safety requirements of this chapter 592 for commercial motor vehicles. 593 (e) The requirement for electronic logging devices and 594 hours of service support documents will not go into effect for 595 motor carriers engaged in intrastate commerce, not carrying 596 hazardous materials in amounts that require placards, until 597 December 31, 2018. 598 (2)(a) A person who operates a commercial motor vehicle 599 solely in intrastate commerce not transporting any hazardous 600 material in amounts that require placarding pursuant to 49 601 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1) 602 and 395.3395.3(a) and (b). 603 (c) Except as provided in 49 C.F.R. s. 395.1, a person who 604 operates a commercial motor vehicle solely in intrastate 605 commerce not transporting any hazardous material in amounts that 606 require placarding pursuant to 49 C.F.R. part 172 may not drive 607 after having been on duty more than 70 hours in any period of 7 608 consecutive days or more than 80 hours in any period of 8 609 consecutive days if the motor carrier operates every day of the 610 week. Thirty-four consecutive hours off duty shall constitute 611 the end of any such period of 7 or 8 consecutive days. This 612 weekly limit does not apply to a person who operates a 613 commercial motor vehicle solely within this state while 614 transporting, during harvest periods, any unprocessed 615 agricultural products or unprocessed food or fiber that is 616 subject to seasonal harvesting from place of harvest to the 617 first place of processing or storage or from place of harvest 618 directly to market or while transporting livestock, livestock 619 feed, or farm supplies directly related to growing or harvesting 620 agricultural products. Upon request of the Department of Highway 621 Safety and Motor Vehicles, motor carriers shall furnish time 622 records or other written verification to that department so that 623 the Department of Highway Safety and Motor Vehicles can 624 determine compliance with this subsection. These time records 625 must be furnished to the Department of Highway Safety and Motor 626 Vehicles within 2 days after receipt of that department’s 627 request. Falsification of such information is subject to a civil 628 penaltynot to exceed $100.The provisions ofThis paragraph 629 doesdonot apply to operators of farm labor vehicles operated 630 during a state of emergency declared by the Governor or operated 631 pursuant to s. 570.07(21),and doesdonot apply to drivers of 632 utility service vehicles as defined in 49 C.F.R. s. 395.2. 633 (d) A person who operates a commercial motor vehicle solely 634 in intrastate commerce not transporting any hazardous material 635 in amounts that require placarding pursuant to 49 C.F.R. part 636 172 within a 150 air-mile radius of the location where the 637 vehicle is based need not comply with 49 C.F.R. s. 395.8,if the 638 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (e)(1)(iii)(A) and 639 (C),395.1(e)(1)(iii)and (e)(1)(v) are met.If a driver is not640released from duty within 12 hours after the driver arrives for641duty, the motor carrier must maintain documentation of the642driver’s driving times throughout the duty period.643 (f) A person who operates a commercial motor vehicle having 644 adeclaredgross vehicle weight, gross vehicle weight rating, 645 and gross combined weight rating of less than 26,001 pounds 646 solely in intrastate commerce and who is not transporting 647 hazardous materials in amounts that require placarding pursuant 648 to 49 C.F.R. part 172, or who is transporting petroleum products649as defined in s. 376.301,is exempt from subsection (1). 650 However, such person must comply with 49 C.F.R. parts 382, 392, 651 and 393,and with 49 C.F.R. ss. 396.3(a)(1) and 396.9. 652 Section 7. Paragraph (a) of subsection (6) of section 653 316.3025, Florida Statutes, is amended to read: 654 316.3025 Penalties.— 655 (6)(a) A driver who violates 49 C.F.R. s. 392.80, which 656 prohibits texting while operating a commercial motor vehicle, or 657 49 C.F.R. s. 392.82, which prohibits using a handheld mobile 658 telephone while operating a commercial motor vehicle, may be 659 assessed a civil penaltyand commercial driver license660disqualificationas follows: 661 1. First violation: $500. 662 2. Second violation: $1,000and a 60-day commercial driver663license disqualification pursuant to 49 C.F.R. part 383. 664 3. Third and subsequent violations: $2,750and a 120-day665commercial driver license disqualification pursuant to 49 C.F.R.666part 383. 667 Section 8. Paragraph (a) of subsection (3) and subsections 668 (4) and (5) of section 316.614, Florida Statutes, are amended to 669 read: 670 316.614 Safety belt usage.— 671 (3) As used in this section: 672 (a) “Motor vehicle” means a motor vehicle as defined in s. 673 316.003 which is operated on the roadways, streets, and highways 674 of this state. The term does not include: 675 1. A school bus. 676 2. A bus used for the transportation of persons for 677 compensation. 678 3. A farm tractor or implement of husbandry. 679 4. A truck having a gross vehicle weight rating of more 680 than 26,000 pounds. 681 5. A motorcycle, excluding an autocycle for purposes of 682 subsections (4) and (5), moped, or bicycle. 683 (4) It is unlawful for any person: 684 (a) To operate a motor vehicle or an autocycle in this 685 state unless each passenger and the operator of the vehicle 686 under the age of 18 years are restrained by a safety belt or by 687 a child restraint device pursuant to s. 316.613, if applicable; 688 or 689 (b) To operate a motor vehicle or an autocycle in this 690 state unless the person is restrained by a safety belt. 691 (5) It is unlawful for any person 18 years of age or older 692 to be a passenger in the front seat of a motor vehicle or an 693 autocycle unless such person is restrained by a safety belt when 694 the vehicle is in motion. 695 Section 9. Subsection (1) of section 316.85, Florida 696 Statutes, is amended to read: 697 316.85 Autonomous vehicles; operation.— 698 (1) A person who possesses a valid driver license may 699 operate an autonomous vehicle, or may engage autonomous 700 technology to operate an autonomous vehicle, in autonomous mode 701 on roads in this state if the vehicle is equipped with 702 autonomous technology, as defined in s. 316.003. A person who 703 does not possess a valid driver license may engage autonomous 704 technology to operate an autonomous vehicle in autonomous mode 705 only if the vehicle is equipped with autonomous technology, as 706 defined in s. 316.003, and if the vehicle has no capability or 707 means by which the person inside the vehicle is able to take 708 control of the vehicle’s operation or to disengage the 709 autonomous technology, regardless of where the person is seated 710 within the vehicle. 711 Section 10. Effective upon the same date that SB 340 or 712 similar legislation takes effect, if such legislation is adopted 713 in the 2017 Regular Session or any extension thereof and becomes 714 a law, section 316.851, Florida Statutes, is created to read: 715 316.851 Autonomous vehicles; providing prearranged rides.— 716 (1) An autonomous vehicle used by a transportation network 717 company to provide a prearranged ride must be covered by 718 automobile insurance as required by s. 627.748, regardless of 719 whether a human operator is physically present within the 720 vehicle when the ride occurs. When an autonomous vehicle is 721 logged on to a digital network but is not engaged in a 722 prearranged ride, the autonomous vehicle must maintain insurance 723 coverage as defined in s. 627.748(7)(b). 724 (2) An autonomous vehicle used to provide a transportation 725 service shall carry in the vehicle proof of coverage satisfying 726 the requirements of this section at all times while operating in 727 autonomous mode. 728 Section 11. Section 318.1215, Florida Statutes, is amended 729 to read: 730 318.1215 Dori Slosberg Driver Education Safety Act. 731 Notwithstanding the provisions of s. 318.121, a board of county 732 commissioners may require, by ordinance, that the clerk of the 733 court collect an additional $5 with each criminalciviltraffic 734 penalty, which shall be used to fund driver education programs 735 in public and nonpublic schools. The ordinance shall provide for 736 the board of county commissioners to administer the funds, which 737 shall be used for enhancement, and not replacement, of driver 738 education program funds. The funds shall be used for direct 739 educational expenses and shall not be used for administration. 740 Each driver education program receiving funds pursuant to this 741 section shall require that a minimum of 30 percent of a 742 student’s time in the program be behind-the-wheel training. This 743 section may be cited as the “Dori Slosberg Driver Education 744 Safety Act.” 745 Section 12. Paragraph (d) of subsection (3) of section 746 318.18, Florida Statutes, is amended to read: 747 318.18 Amount of penalties.—The penalties required for a 748 noncriminal disposition pursuant to s. 318.14 or a criminal 749 offense listed in s. 318.17 are as follows: 750 (3) 751 (d) Notwithstanding paragraph (b), a person cited for 752 exceeding the speed limit in a posted workconstructionzone, 753 which posting must include notification of the speed limit and 754 the doubling of fines, shall pay a fine double the amount listed 755 in paragraph (b). The fine shall be doubled for work 756constructionzone violations only if workconstructionpersonnel 757 are present or operating equipment on the road or immediately 758 adjacent to the roadunder construction. 759 Section 13. Subsections (24) and (26) of section 320.01, 760 Florida Statutes, are amended to read: 761 320.01 Definitions, general.—As used in the Florida 762 Statutes, except as otherwise provided, the term: 763 (24) “Apportionable vehicle” means any vehicle, except 764 recreational vehicles, vehicles displaying restricted plates, 765 city pickup and delivery vehicles,buses used in transportation766of chartered parties,and government-owned vehicles, which is 767 used or intended for use in two or more member jurisdictions 768 that allocate or proportionally register vehicles and which is 769 used for the transportation of persons for hire or is designed, 770 used, or maintained primarily for the transportation of property 771 and: 772 (a) Is a power unit having a gross vehicle weight in excess 773 of 26,000 pounds; 774 (b) Is a power unit having three or more axles, regardless 775 of weight; or 776 (c) Is used in combination, when the weight of such 777 combination exceeds 26,000 pounds gross vehicle weight. 778 779 Vehicles, or combinations thereof, having a gross vehicle weight 780 of 26,000 pounds or less and two-axle vehicles may be 781 proportionally registered. 782 (26) “Motorcycle” means any motor vehicle having a seat or 783 saddle for the use of the rider and designed to travel on not 784 more than three wheels in contact with the ground, including an 785 autocycle. The term does not include a tractor, a moped, or 786excludinga vehicle in which the operator is enclosed by a cabin 787 unless the vehicleitmeets the requirements set forth by the 788 National Highway Traffic Safety Administration for a motorcycle. 789The term “motorcycle” does notinclude a tractor or a moped.790 Section 14. Paragraph (a) of subsection (15) of section 791 320.02, Florida Statutes, is amended to read: 792 320.02 Registration required; application for registration; 793 forms.— 794 (15)(a) The application form for motor vehicle registration 795 mustshallinclude language permitting the voluntary 796 contribution of $1 per applicant, to be quarterly distributed by 797 the department to Preserve VisionPrevent BlindnessFlorida, a 798 not-for-profit organization, to prevent blindness and preserve 799 the sight of the residents of this state. A statement providing 800 an explanation of the purpose of the funds shall be included 801 with the application form. Prior to the department distributing 802 the funds collected pursuant to this paragraph, Preserve Vision 803Prevent BlindnessFlorida must submit a report to the department 804 that identifies how such funds were used during the preceding 805 year. 806 807 For the purpose of applying the service charge provided in s. 808 215.20, contributions received under this subsection are not 809 income of a revenue nature. 810 Section 15. Subsection (1) of section 320.03, Florida 811 Statutes, is amended to read: 812 320.03 Registration; duties of tax collectors; 813 International Registration Plan.— 814 (1)(a) The tax collectors in the several counties of the 815 state, as authorized agents of the department, shall issue 816 registration certificates, registration license plates, 817 validation stickers, and mobile home stickers to applicants, and 818 shall provide to applicants for each the option to register 819 emergency contact information and the option to be contacted 820 with information about state and federal benefits available as a 821 result of military service, subject to the requirements of law, 822 in accordance with rules of the department. Each tax collector 823 shall provide the same motor vehicle registration services in 824 office to residents of other counties that it provides for 825 residents of its home county. 826 (b) Any person, firm, or corporation representing itself, 827 through advertising or naming of the business, to be an 828 authorized agent of the department shall be deemed guilty of an 829 unfair and deceptive trade practice as defined in part II of 830 chapter 501. No such person, firm, or corporation shall use 831 either the state or county name as a part of their business name 832 when such use can reasonably be interpreted as an official state 833 or county office. 834 Section 16. Effective July 1, 2018, subsection (10) of 835 section 320.03, Florida Statutes, is amended to read: 836 320.03 Registration; duties of tax collectors; 837 International Registration Plan.— 838 (10)(a) Jurisdiction over the electronic filing system for 839 use by authorized electronic filing system agents to 840 electronically title or register motor vehicles, vessels, mobile 841 homes, or off-highway vehicles; process title transactions, 842 derelict motor vehicle certificates, and certificates of 843 destruction for derelict and salvage motor vehicles pursuant to 844 s. 319.30(2), (3), (7), and (8); issue or transfer registration 845 license plates or decals; electronically transfer fees due for 846 the title and registration process; and perform inquiries for 847 title, registration, and lienholder verification and 848 certification of service providers is expressly preempted to the 849 state, and the department shall have regulatory authority over 850 the system. The electronic filing system shall be available for 851 use statewide and applied uniformly throughout the state. An 852 entity that, in the normal course of its business, sells 853 products that must be titled or registered;,provides title and 854 registration services on behalf of its consumers; or processes 855 title transactions, derelict motor vehicle certificates, or 856 certificates of destruction for derelict or salvage motor 857 vehicles pursuant to s. 319.30(2), (3), (7), and (8); and meets 858 all established requirements may be an authorized electronic 859 filing system agent and shall not be precluded from 860 participating in the electronic filing system in any county. 861 Upon request from a qualified entity, the tax collector shall 862 appoint the entity as an authorized electronic filing system 863 agent for that county.The department shall adopt rules in864accordance with chapter 120 to replace the December 10, 2009,865program standards and to administer the provisions of this866section, including, but not limited to, establishing867participation requirements, certification of service providers,868electronic filing system requirements, and enforcement authority869for noncompliance. The December 10, 2009, program standards,870excluding any standards which conflict with this subsection,871shall remain in effect until the rules are adopted.An 872 authorized electronic filing system agent may charge a fee to 873 the customer for use of the electronic filing system. 874 (b) The department shall adopt rules to administer this 875 subsection, including, but not limited to, rules establishing 876 participation requirements, certification of service providers, 877 electronic filing system requirements, disclosures, and 878 enforcement authority for noncompliance. 879 Section 17. Paragraph (b) of subsection (1) and paragraph 880 (a) of subsection (3) of section 320.06, Florida Statutes, are 881 amended to read: 882 320.06 Registration certificates, license plates, and 883 validation stickers generally.— 884 (1) 885 (b)1. Registration license plates bearing a graphic symbol 886 and the alphanumeric system of identification shall be issued 887 for a 10-year period. At the end of the 10-year period, upon 888 renewal, the plate shall be replaced. The department shall 889 extend the scheduled license plate replacement date from a 6 890 year period to a 10-year period. The fee for such replacement is 891 $28, $2.80 of which shall be paid each year before the plate is 892 replaced, to be credited toward the next $28 replacement fee. 893 The fees shall be deposited into the Highway Safety Operating 894 Trust Fund. A credit or refund may not be given for any prior 895 years’ payments of the prorated replacement fee if the plate is 896 replaced or surrendered before the end of the 10-year period, 897 except that a credit may be given if a registrant is required by 898 the department to replace a license plate under s. 899 320.08056(8)(a). With each license plate, a validation sticker 900 shall be issued showing the owner’s birth month, license plate 901 number, and the year of expiration or the appropriate renewal 902 period if the owner is not a natural person. The validation 903 sticker shall be placed on the upper right corner of the license 904 plate. The license plate and validation sticker shall be issued 905 based on the applicant’s appropriate renewal period. The 906 registration period is 12 months, the extended registration 907 period is 24 months, and all expirations occur based on the 908 applicant’s appropriate registration period. 909 2. A vehicle that has an apportioned registration shall be 910 issued an annual license plate and a cab card denotingthat911denotethe declared gross vehicle weightfor each apportioned912jurisdiction in which the vehicle is authorized to operate. This 913 subparagraph expires October 1, 2018. 914 3. Beginning October 1, 2018, a vehicle registered in 915 accordance with the International Registration Plan which has an 916 apportioned registration shall be issued a license plate for a 917 5-year period, an annual cab card denoting the declared gross 918 vehicle weight, and an annual validation sticker showing the 919 month and year of expiration. The validation sticker shall be 920 placed in the center of the license plate. The license plate and 921 validation sticker shall be issued based on the applicant’s 922 appropriate renewal period. The registration period is 12 923 months. The fee for an original and a renewed validation sticker 924 is $28. This fee shall be deposited into the Highway Safety 925 Operating Trust Fund. If the license plate is damaged or worn, 926 it may be replaced at no charge by applying to the department 927 and surrendering the current license plate. 928 4.2.In order to retain the efficient administration of the 929 taxes and fees imposed by this chapter, the 80-cent fee increase 930 in the replacement fee imposed by chapter 2009-71, Laws of 931 Florida, is negated as provided in s. 320.0804. 932 (3)(a) Registration license plates must be made of metal 933 specially treated with a retroreflection material, as specified 934 by the department. The registration license plate is designed to 935 increase nighttime visibility and legibility and must be at 936 least 6 inches wide and not less than 12 inches in length, 937 unless a plate with reduced dimensions is deemed necessary by 938 the department to accommodate motorcycles, mopeds, or similar 939 smaller vehicles. Validation stickers must also be treated with 940 a retroreflection material, must be of such size as specified by 941 the department, and must adhere to the license plate. The 942 registration license plate must be imprinted with a combination 943 of bold letters and numerals or numerals, not to exceed seven 944 digits, to identify the registration license plate number. The 945 license plate must be imprinted with the word “Florida” at the 946 top and the name of the county in which it is sold, the state 947 motto, or the words “Sunshine State” at the bottom. Apportioned 948 license plates must have the word “Apportioned” at the bottom 949 and license plates issued for vehicles taxed under s. 950 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have 951 the word “Restricted” at the bottom. License plates issued for 952 vehicles taxed under s. 320.08(12) must be imprinted with the 953 word “Florida” at the top and the word “Dealer” at the bottom 954 unless the license plate is a specialty license plate as 955 authorized in s. 320.08056. Manufacturer license plates issued 956 for vehicles taxed under s. 320.08(12) must be imprinted with 957 the word “Florida” at the top and the word “Manufacturer” at the 958 bottom. License plates issued for vehicles taxed under s. 959 320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at 960 the bottom. Any county may, upon majority vote of the county 961 commission, elect to have the county name removed from the 962 license plates sold in that county. The state motto or the words 963 “Sunshine State” shall be printed in lieu thereof. A license 964 plate issued for a vehicle taxed under s. 320.08(6) may not be 965 assigned a registration license number, or be issued with any 966 other distinctive character or designation, that distinguishes 967 the motor vehicle as a for-hire motor vehicle. 968 Section 18. Section 320.0605, Florida Statutes, is amended 969 to read: 970 320.0605 Certificate of registration; possession required; 971 exception.— 972 (1)(a) The registration certificate or an official copy 973 thereof, a true copy or electronic copy of rental or lease 974 documentation issued for a motor vehicle or issued for a 975 replacement vehicle in the same registration period, a temporary 976 receipt printed upon self-initiated electronic renewal of a 977 registration via the Internet, or a cab card issued for a 978 vehicle registered under the International Registration Plan 979 shall, at all times while the vehicle is being used or operated 980 on the roads of this state, be in the possession of the operator 981 thereof or be carried in the vehicle for which issued and shall 982 be exhibited upon demand of any authorized law enforcement 983 officer or any agent of the department, except for a vehicle 984 registered under s. 320.0657.The provisions ofThis section 985 doesdonot apply during the first 30 days after purchase of a 986 replacement vehicle. A violation of this section is a 987 noncriminal traffic infraction, punishable as a nonmoving 988 violation as provided in chapter 318. 989 (b)1. The act of presenting to a law enforcement officer or 990 agent of the department an electronic device displaying an 991 electronic copy of rental or lease documentation does not 992 constitute consent for the officer or agent to access any 993 information on the device other than the displayed rental or 994 lease documentation. 995 2. The person who presents the device to the officer or 996 agent assumes the liability for any resulting damage to the 997 device. 998 (2) Rental or lease documentation that is sufficient to 999 satisfy the requirement in subsection (1) includes the 1000 following: 1001 (a) Dateof rentaland time ofexit fromrentalfacility; 1002 (b) Rental station identification; 1003 (c) Rental agreement number; 1004 (d) Rental vehicle identification number; 1005 (e) Rental vehicle license plate number and state of 1006 registration; 1007 (f) Vehicle’s make, model, and color; 1008 (g) Vehicle’s mileage; and 1009 (h) Authorized renter’s name. 1010 Section 19. Subsection (5) of section 320.0607, Florida 1011 Statutes, is amended to read: 1012 320.0607 Replacement license plates, validation decal, or 1013 mobile home sticker.— 1014 (5) Upon the issuance of an original license plate, the 1015 applicant shall pay a fee of $28 to be deposited in the Highway 1016 Safety Operating Trust Fund. Beginning October 1, 2018, this 1017 subsection does not apply to a vehicle registered under the 1018 International Registration Plan. 1019 Section 20. Paragraph (b) of subsection (2) of section 1020 320.0657, Florida Statutes, is amended to read: 1021 320.0657 Permanent registration; fleet license plates.— 1022 (2) 1023 (b) The plates, which shall be of a distinctive color, 1024 shall have the word “Fleet” appearing at the bottom and the word 1025 “Florida” appearing at the top unless the license plate is a 1026 specialty license plate as authorized in s. 320.08056. The 1027 plates shall conform in all respects to the provisions of this 1028 chapter, except as specified herein. For additional fees as set 1029 forth in s. 320.08056, fleet companies may purchase specialty 1030 license plates in lieu of the standard fleet license plates. 1031 Fleet companies shall be responsible for all costs associated 1032 with the specialty license plate, including all annual use fees, 1033 processing fees, fees associated with switching license plate 1034 types, and any other applicable fees. 1035 Section 21. Section 320.08, Florida Statutes, is amended to 1036 read: 1037 320.08 License taxes.—Except as otherwise provided herein, 1038 there are hereby levied and imposed annual license taxes for the 1039 operation of motor vehicles, mopeds, motorized bicycles as 1040 defined in s. 316.003(4)s.316.003(2), tri-vehicles as defined 1041 in s. 316.003, and mobile homes as defined in s. 320.01, which 1042 shall be paid to and collected by the department or its agent 1043 upon the registration or renewal of registration of the 1044 following: 1045 (1) MOTORCYCLES AND MOPEDS.— 1046 (a) Any motorcycle: $10 flat. 1047 (b) Any moped: $5 flat. 1048 (c) Upon registration of a motorcycle, motor-driven cycle, 1049 or moped, in addition to the license taxes specified in this 1050 subsection, a nonrefundable motorcycle safety education fee in 1051 the amount of $2.50 shall be paid. The proceeds of such 1052 additional fee shall be deposited in the Highway Safety 1053 Operating Trust Fund to fund a motorcycle driver improvement 1054 program implemented pursuant to s. 322.025, the Florida 1055 Motorcycle Safety Education Program established in s. 322.0255, 1056 or the general operations of the department. 1057 (d) An ancient or antique motorcycle: $7.50 flat, of which 1058 $2.50 shall be deposited into the General Revenue Fund. 1059 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.— 1060 (a) An ancient or antique automobile, as defined in s. 1061 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat. 1062 (b) Net weight of less than 2,500 pounds: $14.50 flat. 1063 (c) Net weight of 2,500 pounds or more, but less than 3,500 1064 pounds: $22.50 flat. 1065 (d) Net weight of 3,500 pounds or more: $32.50 flat. 1066 (3) TRUCKS.— 1067 (a) Net weight of less than 2,000 pounds: $14.50 flat. 1068 (b) Net weight of 2,000 pounds or more, but not more than 1069 3,000 pounds: $22.50 flat. 1070 (c) Net weight more than 3,000 pounds, but not more than 1071 5,000 pounds: $32.50 flat. 1072 (d) A truck defined as a “goat,” or other vehicle if used 1073 in the field by a farmer or in the woods for the purpose of 1074 harvesting a crop, including naval stores, during such 1075 harvesting operations, and which is not principally operated 1076 upon the roads of the state: $7.50 flat. The term “goat” means a 1077 motor vehicle designed, constructed, and used principally for 1078 the transportation of citrus fruit within citrus groves or for 1079 the transportation of crops on farms, and which can also be used 1080 for hauling associated equipment or supplies, including required 1081 sanitary equipment, and the towing of farm trailers. 1082 (e) An ancient or antique truck, as defined in s. 320.086: 1083 $7.50 flat. 1084 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS 1085 VEHICLE WEIGHT.— 1086 (a) Gross vehicle weight of 5,001 pounds or more, but less 1087 than 6,000 pounds: $60.75 flat, of which $15.75 shall be 1088 deposited into the General Revenue Fund. 1089 (b) Gross vehicle weight of 6,000 pounds or more, but less 1090 than 8,000 pounds: $87.75 flat, of which $22.75 shall be 1091 deposited into the General Revenue Fund. 1092 (c) Gross vehicle weight of 8,000 pounds or more, but less 1093 than 10,000 pounds: $103 flat, of which $27 shall be deposited 1094 into the General Revenue Fund. 1095 (d) Gross vehicle weight of 10,000 pounds or more, but less 1096 than 15,000 pounds: $118 flat, of which $31 shall be deposited 1097 into the General Revenue Fund. 1098 (e) Gross vehicle weight of 15,000 pounds or more, but less 1099 than 20,000 pounds: $177 flat, of which $46 shall be deposited 1100 into the General Revenue Fund. 1101 (f) Gross vehicle weight of 20,000 pounds or more, but less 1102 than 26,001 pounds: $251 flat, of which $65 shall be deposited 1103 into the General Revenue Fund. 1104 (g) Gross vehicle weight of 26,001 pounds or more, but less 1105 than 35,000: $324 flat, of which $84 shall be deposited into the 1106 General Revenue Fund. 1107 (h) Gross vehicle weight of 35,000 pounds or more, but less 1108 than 44,000 pounds: $405 flat, of which $105 shall be deposited 1109 into the General Revenue Fund. 1110 (i) Gross vehicle weight of 44,000 pounds or more, but less 1111 than 55,000 pounds: $773 flat, of which $201 shall be deposited 1112 into the General Revenue Fund. 1113 (j) Gross vehicle weight of 55,000 pounds or more, but less 1114 than 62,000 pounds: $916 flat, of which $238 shall be deposited 1115 into the General Revenue Fund. 1116 (k) Gross vehicle weight of 62,000 pounds or more, but less 1117 than 72,000 pounds: $1,080 flat, of which $280 shall be 1118 deposited into the General Revenue Fund. 1119 (l) Gross vehicle weight of 72,000 pounds or more: $1,322 1120 flat, of which $343 shall be deposited into the General Revenue 1121 Fund. 1122 (m) Notwithstanding the declared gross vehicle weight, a 1123 truck tractor used within this statea 150-mile radius of its1124home addressis eligible for a license plate for a fee of $324 1125 flat if: 1126 1. The truck tractor is used exclusively for hauling 1127 forestry products; or 1128 2. The truck tractor is used primarily for the hauling of 1129 forestry products, and is also used for the hauling of 1130 associated forestry harvesting equipment used by the owner of 1131 the truck tractor. 1132 1133 Of the fee imposed by this paragraph, $84 shall be deposited 1134 into the General Revenue Fund. 1135 (n) A truck tractor or heavy truck, not operated as a for 1136 hire vehicle, which is engaged exclusively in transporting raw, 1137 unprocessed, and nonmanufactured agricultural or horticultural 1138 products within this statea 150-mile radius of its home1139address, is eligible for a restricted license plate for a fee 1140 of: 1141 1. If such vehicle’s declared gross vehicle weight is less 1142 than 44,000 pounds, $87.75 flat, of which $22.75 shall be 1143 deposited into the General Revenue Fund. 1144 2. If such vehicle’s declared gross vehicle weight is 1145 44,000 pounds or more and such vehicle only transports from the 1146 point of production to the point of primary manufacture; to the 1147 point of assembling the same; or to a shipping point of a rail, 1148 water, or motor transportation company, $324 flat, of which $84 1149 shall be deposited into the General Revenue Fund. 1150 1151 Such not-for-hire truck tractors and heavy trucks used 1152 exclusively in transporting raw, unprocessed, and 1153 nonmanufactured agricultural or horticultural products may be 1154 incidentally used to haul farm implements and fertilizers 1155 delivered direct to the growers. The department may require any 1156 documentation deemed necessary to determine eligibility prior to 1157 issuance of this license plate. For the purpose of this 1158 paragraph, “not-for-hire” means the owner of the motor vehicle 1159 must also be the owner of the raw, unprocessed, and 1160 nonmanufactured agricultural or horticultural product, or the 1161 user of the farm implements and fertilizer being delivered. 1162 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; 1163 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.— 1164 (a)1. A semitrailer drawn by a GVW truck tractor by means 1165 of a fifth-wheel arrangement: $13.50 flat per registration year 1166 or any part thereof, of which $3.50 shall be deposited into the 1167 General Revenue Fund. 1168 2. A semitrailer drawn by a GVW truck tractor by means of a 1169 fifth-wheel arrangement: $68 flat per permanent registration, of 1170 which $18 shall be deposited into the General Revenue Fund. 1171 (b) A motor vehicle equipped with machinery and designed 1172 for the exclusive purpose of well drilling, excavation, 1173 construction, spraying, or similar activity, and which is not 1174 designed or used to transport loads other than the machinery 1175 described above over public roads: $44 flat, of which $11.50 1176 shall be deposited into the General Revenue Fund. 1177 (c) A school bus used exclusively to transport pupils to 1178 and from school or school or church activities or functions 1179 within their own county: $41 flat, of which $11 shall be 1180 deposited into the General Revenue Fund. 1181 (d) A wrecker, as defined in s. 320.01, which is used to 1182 tow a vessel as defined in s. 327.02, a disabled, abandoned, 1183 stolen-recovered, or impounded motor vehicle as defined in s. 1184 320.01, or a replacement motor vehicle as defined in s. 320.01: 1185 $41 flat, of which $11 shall be deposited into the General 1186 Revenue Fund. 1187 (e) A wrecker that is used to tow any nondisabled motor 1188 vehicle, a vessel, or any other cargo unless used as defined in 1189 paragraph (d), as follows: 1190 1. Gross vehicle weight of 10,000 pounds or more, but less 1191 than 15,000 pounds: $118 flat, of which $31 shall be deposited 1192 into the General Revenue Fund. 1193 2. Gross vehicle weight of 15,000 pounds or more, but less 1194 than 20,000 pounds: $177 flat, of which $46 shall be deposited 1195 into the General Revenue Fund. 1196 3. Gross vehicle weight of 20,000 pounds or more, but less 1197 than 26,000 pounds: $251 flat, of which $65 shall be deposited 1198 into the General Revenue Fund. 1199 4. Gross vehicle weight of 26,000 pounds or more, but less 1200 than 35,000 pounds: $324 flat, of which $84 shall be deposited 1201 into the General Revenue Fund. 1202 5. Gross vehicle weight of 35,000 pounds or more, but less 1203 than 44,000 pounds: $405 flat, of which $105 shall be deposited 1204 into the General Revenue Fund. 1205 6. Gross vehicle weight of 44,000 pounds or more, but less 1206 than 55,000 pounds: $772 flat, of which $200 shall be deposited 1207 into the General Revenue Fund. 1208 7. Gross vehicle weight of 55,000 pounds or more, but less 1209 than 62,000 pounds: $915 flat, of which $237 shall be deposited 1210 into the General Revenue Fund. 1211 8. Gross vehicle weight of 62,000 pounds or more, but less 1212 than 72,000 pounds: $1,080 flat, of which $280 shall be 1213 deposited into the General Revenue Fund. 1214 9. Gross vehicle weight of 72,000 pounds or more: $1,322 1215 flat, of which $343 shall be deposited into the General Revenue 1216 Fund. 1217 (f) A hearse or ambulance: $40.50 flat, of which $10.50 1218 shall be deposited into the General Revenue Fund. 1219 (6) MOTOR VEHICLES FOR HIRE.— 1220 (a) Under nine passengers: $17 flat, of which $4.50 shall 1221 be deposited into the General Revenue Fund; plus $1.50 per cwt, 1222 of which 50 cents shall be deposited into the General Revenue 1223 Fund. 1224 (b) Nine passengers and over: $17 flat, of which $4.50 1225 shall be deposited into the General Revenue Fund; plus $2 per 1226 cwt, of which 50 cents shall be deposited into the General 1227 Revenue Fund. 1228 (7) TRAILERS FOR PRIVATE USE.— 1229 (a) Any trailer weighing 500 pounds or less: $6.75 flat per 1230 year or any part thereof, of which $1.75 shall be deposited into 1231 the General Revenue Fund. 1232 (b) Net weight over 500 pounds: $3.50 flat, of which $1 1233 shall be deposited into the General Revenue Fund; plus $1 per 1234 cwt, of which 25 cents shall be deposited into the General 1235 Revenue Fund. 1236 (8) TRAILERS FOR HIRE.— 1237 (a) Net weight under 2,000 pounds: $3.50 flat, of which $1 1238 shall be deposited into the General Revenue Fund; plus $1.50 per 1239 cwt, of which 50 cents shall be deposited into the General 1240 Revenue Fund. 1241 (b) Net weight 2,000 pounds or more: $13.50 flat, of which 1242 $3.50 shall be deposited into the General Revenue Fund; plus 1243 $1.50 per cwt, of which 50 cents shall be deposited into the 1244 General Revenue Fund. 1245 (9) RECREATIONAL VEHICLE-TYPE UNITS.— 1246 (a) A travel trailer or fifth-wheel trailer, as defined by 1247 s. 320.01(1)(b), that does not exceed 35 feet in length: $27 1248 flat, of which $7 shall be deposited into the General Revenue 1249 Fund. 1250 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: 1251 $13.50 flat, of which $3.50 shall be deposited into the General 1252 Revenue Fund. 1253 (c) A motor home, as defined by s. 320.01(1)(b)4.: 1254 1. Net weight of less than 4,500 pounds: $27 flat, of which 1255 $7 shall be deposited into the General Revenue Fund. 1256 2. Net weight of 4,500 pounds or more: $47.25 flat, of 1257 which $12.25 shall be deposited into the General Revenue Fund. 1258 (d) A truck camper as defined by s. 320.01(1)(b)3.: 1259 1. Net weight of less than 4,500 pounds: $27 flat, of which 1260 $7 shall be deposited into the General Revenue Fund. 1261 2. Net weight of 4,500 pounds or more: $47.25 flat, of 1262 which $12.25 shall be deposited into the General Revenue Fund. 1263 (e) A private motor coach as defined by s. 320.01(1)(b)5.: 1264 1. Net weight of less than 4,500 pounds: $27 flat, of which 1265 $7 shall be deposited into the General Revenue Fund. 1266 2. Net weight of 4,500 pounds or more: $47.25 flat, of 1267 which $12.25 shall be deposited into the General Revenue Fund. 1268 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS; 1269 35 FEET TO 40 FEET.— 1270 (a) Park trailers.—Any park trailer, as defined in s. 1271 320.01(1)(b)7.: $25 flat. 1272 (b) A travel trailer or fifth-wheel trailer, as defined in 1273 s. 320.01(1)(b), that exceeds 35 feet: $25 flat. 1274 (11) MOBILE HOMES.— 1275 (a) A mobile home not exceeding 35 feet in length: $20 1276 flat. 1277 (b) A mobile home over 35 feet in length, but not exceeding 1278 40 feet: $25 flat. 1279 (c) A mobile home over 40 feet in length, but not exceeding 1280 45 feet: $30 flat. 1281 (d) A mobile home over 45 feet in length, but not exceeding 1282 50 feet: $35 flat. 1283 (e) A mobile home over 50 feet in length, but not exceeding 1284 55 feet: $40 flat. 1285 (f) A mobile home over 55 feet in length, but not exceeding 1286 60 feet: $45 flat. 1287 (g) A mobile home over 60 feet in length, but not exceeding 1288 65 feet: $50 flat. 1289 (h) A mobile home over 65 feet in length: $80 flat. 1290 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised 1291 motor vehicle dealer, independent motor vehicle dealer, marine 1292 boat trailer dealer, or mobile home dealer and manufacturer 1293 license plate: $17 flat, of which $4.50 shall be deposited into 1294 the General Revenue Fund. For additional fees as set forth in s. 1295 320.08056, dealers may purchase specialty license plates in lieu 1296 of the standard graphic dealer license plates. Dealers shall be 1297 responsible for all costs associated with the specialty license 1298 plate, including all annual use fees, processing fees, fees 1299 associated with switching license plate types, and any other 1300 applicable fees. 1301 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or 1302 official license plate: $4 flat, of which $1 shall be deposited 1303 into the General Revenue Fund. 1304 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor 1305 vehicle for hire operated wholly within a city or within 25 1306 miles thereof: $17 flat, of which $4.50 shall be deposited into 1307 the General Revenue Fund; plus $2 per cwt, of which 50 cents 1308 shall be deposited into the General Revenue Fund. 1309 (15) TRANSPORTER.—Any transporter license plate issued to a 1310 transporter pursuant to s. 320.133: $101.25 flat, of which 1311 $26.25 shall be deposited into the General Revenue Fund. 1312 Section 22. Subsection (2) and paragraphs (ee), (eee), 1313 (qqq), and (rrr) of subsection (4) of section 320.08056, Florida 1314 Statutes, are amended, paragraphs (bbbb) through (gggg) are 1315 added to that subsection, and paragraph (a) of subsection (10) 1316 of that section is amended, to read: 1317 320.08056 Specialty license plates.— 1318 (2)(a) The department shall issue a specialty license plate 1319 to the owner or lessee of any motor vehicle, except a vehicle 1320 registered under the International Registration Plan, a 1321 commercial truck required to display two license plates pursuant 1322 to s. 320.0706, or a truck tractor, upon request and payment of 1323 the appropriate license tax and fees. 1324 (b) The department may authorize dealer and fleet specialty 1325 license plates. With the permission of the sponsoring specialty 1326 license plate organization, a dealer or fleet company may 1327 purchase specialty license plates to be used on dealer and fleet 1328 vehicles. 1329 (c) Notwithstanding s. 320.08058, a dealer or fleet 1330 specialty license plate shall include the letters “DLR” or “FLT” 1331 on the right side of the license plate. Dealer and fleet 1332 specialty license plates must be ordered directly through the 1333 department. 1334 (4) The following license plate annual use fees shall be 1335 collected for the appropriate specialty license plates: 1336(ee) American Red Cross license plate, $25.1337(eee) Donate Organs-Pass It On license plate, $25.1338(qqq) St. Johns River license plate, $25.1339(rrr) Hispanic Achievers license plate, $25.1340 (bbbb) Ducks Unlimited license plate, $25. 1341 (cccc) Play Ball license plate, $25. 1342 (dddd) America the Beautiful license plate, $25. 1343 (eeee) Protect Pollinators plate, $25. 1344 (ffff) Florida Native license plate, $25. 1345 (gggg) Donate Life Florida license plate, $25. 1346 (10)(a) A specialty license plate annual use fee collected 1347 and distributed under this chapter, or any interest earned from 1348 those fees, may not be used for commercial or for-profit 1349 activities nor for general or administrative expenses, except as 1350 authorized by s. 320.08058 or to pay the cost of the audit or 1351 report required by s. 320.08062(1). The fees and any interest 1352 earned from the fees may be expended only for use in this state 1353 unless the annual use fee is derived from the sale of United 1354 States Armed Forces and veterans-related specialty license 1355 plates pursuant to paragraphs (4)(d), (bb), (kk), (iii), and 1356 (uuu)(ll),(kkk), and(yyy)and s. 320.0891. 1357 Section 23. Subsections (31), (57), (69), (70), and 1358 paragraph (b) of present subsection (80) of section 320.08058, 1359 Florida Statutes, are amended, and new subsections (80) through 1360 (85) are added to that section, to read: 1361 320.08058 Specialty license plates.— 1362(31) AMERICAN RED CROSS LICENSE PLATES.—1363(a) Notwithstanding the provisions of s. 320.08053, the1364department shall develop an American Red Cross license plate as1365provided in this section. The word “Florida” must appear at the1366top of the plate, and the words “American Red Cross” must appear1367at the bottom of the plate.1368(b) The department shall retain all revenues from the sale1369of such plates until all startup costs for developing and1370issuing the plates have been recovered. Thereafter, 50 percent1371of the annual use fees shall be distributed to the American Red1372Cross Chapter of Central Florida, with statistics on sales of1373license plates, which are tabulated by county. The American Red1374Cross Chapter of Central Florida must distribute to each of the1375chapters in this state the moneys received from sales in the1376counties covered by the respective chapters, which moneys must1377be used for education and disaster relief in Florida. Fifty1378percent of the annual use fees shall be distributed1379proportionately to the three statewide approved poison control1380centers for purposes of combating bioterrorism and other poison1381related purposes.1382(57) DONATE ORGANS-PASS IT ON LICENSE PLATES.—1383(a) The department shall develop a Donate Organs-Pass It On1384license plate as provided in this section. The word “Florida”1385must appear at the top of the plate, and the words “Donate1386Organs-Pass It On” must appear at the bottom of the plate.1387(b) The annual use fees shall be distributed to Transplant1388Foundation, Inc., and shall use up to 10 percent of the proceeds1389from the annual use fee for marketing and administrative costs1390that are directly associated with the management and1391distribution of the proceeds. The remaining proceeds shall be1392used to provide statewide grants for patient services, including1393preoperative, rehabilitative, and housing assistance; organ1394donor education and awareness programs; and statewide medical1395research.1396(69) ST. JOHNS RIVER LICENSE PLATES.—1397(a) The department shall develop a St. Johns River license1398plate as provided in this section. The St. Johns River license1399plates must bear the colors and design approved by the1400department. The word “Florida” must appear at the top of the1401plate, and the words “St. Johns River” must appear at the bottom1402of the plate.1403(b) The requirements of s. 320.08053 must be met prior to1404the issuance of the plate. Thereafter, the license plate annual1405use fees shall be distributed to the St. Johns River Alliance,1406Inc., a s. 501(c)(3) nonprofit organization, which shall1407administer the fees as follows:14081. The St. Johns River Alliance, Inc., shall retain the1409first $60,000 of the annual use fees as direct reimbursement for1410administrative costs, startup costs, and costs incurred in the1411development and approval process. Thereafter, up to 10 percent1412of the annual use fee revenue may be used for administrative1413costs directly associated with education programs, conservation,1414research, and grant administration of the organization, and up1415to 10 percent may be used for promotion and marketing of the1416specialty license plate.14172. At least 30 percent of the fees shall be available for1418competitive grants for targeted community-based or county-based1419research or projects for which state funding is limited or not1420currently available. The remaining 50 percent shall be directed1421toward community outreach and access programs. The competitive1422grants shall be administered and approved by the board of1423directors of the St. Johns River Alliance, Inc. A grant advisory1424committee shall be composed of six members chosen by the St.1425Johns River Alliance board members.14263. Any remaining funds shall be distributed with the1427approval of and accountability to the board of directors of the1428St. Johns River Alliance, Inc., and shall be used to support1429activities contributing to education, outreach, and springs1430conservation.14314. Effective July 1, 2014, the St. Johns River license1432plate will shift into the presale voucher phase, as provided in1433s. 320.08053(2)(b). The St. Johns River Alliance, Inc., shall1434have 24 months to record a minimum of 1,000 sales of the license1435plates. Sales include existing active plates and vouchers sold1436subsequent to July 1, 2014. During the voucher period, new1437plates may not be issued, but existing plates may be renewed.1438If, at the conclusion of the 24-month presale period, the1439requirement of a minimum of 1,000 sales has been met, the1440department shall resume normal distribution of the St. Johns1441River specialty plate. If, after 24 months, the minimum of 1,0001442sales has not been met, the department shall discontinue the1443development and issuance of the plate. This subparagraph is1444repealed June 30, 2016.1445(70) HISPANIC ACHIEVERS LICENSE PLATES.—1446(a) Notwithstanding the requirements of s. 320.08053, the1447department shall develop a Hispanic Achievers license plate as1448provided in this section. The plate must bear the colors and1449design approved by the department. The word “Florida” must1450appear at the top of the plate, and the words “Hispanic1451Achievers” must appear at the bottom of the plate.1452(b) The proceeds from the license plate annual use fee1453shall be distributed to National Hispanic Corporate Achievers,1454Inc., a nonprofit corporation under s. 501(c)(3) of the Internal1455Revenue Code, to fund grants to nonprofit organizations to1456operate programs and provide scholarships and for marketing the1457Hispanic Achievers license plate. National Hispanic Corporate1458Achievers, Inc., shall establish a Hispanic Achievers Grant1459Council that shall provide recommendations for statewide grants1460from available Hispanic Achievers license plate proceeds to1461nonprofit organizations for programs and scholarships for1462Hispanic and minority Floridians. National Hispanic Corporate1463Achievers, Inc., shall also establish a Hispanic Achievers1464License Plate Fund. Moneys in the fund shall be used by the1465grant council as provided in this paragraph. All funds received1466under this subsection must be used in this state.1467(c) National Hispanic Corporate Achievers, Inc., may retain1468all proceeds from the annual use fee until documented startup1469costs for developing and establishing the plate have been1470recovered. Thereafter, the proceeds from the annual use fee1471shall be used as follows:14721. Up to 5 percent of the proceeds may be used for the cost1473of administration of the Hispanic Achievers License Plate Fund,1474the Hispanic Achievers Grant Council, and related matters.14752. Funds may be used as necessary for annual audit or1476compliance affidavit costs.14773. Up to 20 percent of the proceeds may be used to market1478and promote the Hispanic Achievers license plate.14794. Twenty-five percent of the proceeds shall be used by the1480Hispanic Corporate Achievers, Inc., located in Seminole County,1481for grants.14825. The remaining proceeds shall be available to the1483Hispanic Achievers Grant Council to award grants for services,1484programs, or scholarships for Hispanic and minority individuals1485and organizations throughout Florida. All grant recipients must1486provide to the Hispanic Achievers Grant Council an annual1487program and financial report regarding the use of grant funds.1488Such reports must be available to the public.1489(d) Effective July 1, 2014, the Hispanic Achievers license1490plate will shift into the presale voucher phase, as provided in1491s. 320.08053(2)(b). National Hispanic Corporate Achievers, Inc.,1492shall have 24 months to record a minimum of 1,000 sales. Sales1493include existing active plates and vouchers sold subsequent to1494July 1, 2014. During the voucher period, new plates may not be1495issued, but existing plates may be renewed. If, at the1496conclusion of the 24-month presale period, the requirement of a1497minimum of 1,000 sales has been met, the department shall resume1498normal distribution of the Hispanic Achievers license plate. If,1499after 24 months, the minimum of 1,000 sales has not been met,1500the department shall discontinue the Hispanic Achievers license1501plate. This subsection is repealed June 30, 2016.1502 (76)(80)FALLEN LAW ENFORCEMENT OFFICERS LICENSE PLATES.— 1503 (b) The annual use fees shall be distributed to the Police 1504 and Kids Foundation, Inc., which may use up toa maximum of10 1505 percent of the proceeds for marketingto promote and marketthe 1506 plate. All remaining proceeds shall be distributed to and used 1507 by the Police and Kids Foundation, Inc., for its operations, 1508 activities, programs, and projectsThe remainder of the proceeds1509shall be used by the Police and Kids Foundation, Inc., to invest1510and reinvest, and the interest earnings shall be used for the1511operation of the Police and Kids Foundation, Inc. 1512 (80) DUCKS UNLIMITED LICENSE PLATES.— 1513 (a) The department shall develop a Ducks Unlimited license 1514 plate as provided in this section and s. 320.08053. Ducks 1515 Unlimited license plates must bear the colors and design 1516 approved by the department. The word “Florida” must appear at 1517 the top of the plate, and the words “Conserving Florida 1518 Wetlands” must appear at the bottom of the plate. 1519 (b) The annual use fees from the sale of the plate shall be 1520 distributed to Ducks Unlimited, Inc., a nonprofit corporation 1521 under s. 501(c)(3) of the Internal Revenue Code, to be used as 1522 follows: 1523 1. Up to 5 percent may be used for administrative costs and 1524 marketing of the plate. 1525 2. A minimum of 95 percent shall be used in this state to 1526 support the mission and efforts of Ducks Unlimited, Inc., for 1527 the conservation, restoration, and management of Florida 1528 wetlands and associated habitats for the benefit of waterfowl, 1529 other wildlife, and people. 1530 (81) PLAY BALL LICENSE PLATES.— 1531 (a) The department shall develop a Play Ball license plate 1532 as provided in this section and s. 320.08053. Play Ball license 1533 plates must bear the colors and design approved by the 1534 department. The word “Florida” must appear at the top of the 1535 plate, and the words “Play Ball” must appear at the bottom of 1536 the plate. 1537 (b) The license plate annual use fees shall be distributed 1538 to American Dream Baseball, Inc., which may retain all proceeds 1539 from the annual use fees until the startup costs for developing 1540 and issuing the license plates have been recovered. Thereafter, 1541 American Dream Baseball, Inc., may use the proceeds as follows: 1542 1. A maximum of 15 percent may be used for administrative 1543 costs of the organization associated with implementing the 1544 programs funded by proceeds derived from sales of the specialty 1545 license plate. 1546 2. A maximum of 10 percent may be used for promotion and 1547 marketing costs of the license plate. 1548 3. The remainder shall be used to fund the activities, 1549 programs, and projects of American Dream Baseball, Inc. 1550 (82) AMERICA THE BEAUTIFUL LICENSE PLATES.— 1551 (a) The department shall develop an America The Beautiful 1552 license plate as provided in this section and s. 320.08053. The 1553 word “Florida” must appear at the top of the plate, and the 1554 words “America The Beautiful” must appear on the plate. 1555 (b) The annual use fees from the plate shall be distributed 1556 to the America the Beautiful Fund as follows: 10 percent to 1557 offset its administrative, marketing and promotion costs, and 1558 the remaining 85 percent for projects and programs teaching 1559 character, leadership, and service to Florida youth; provision 1560 of wellbeing and assistance in the military community; outdoor 1561 education advancing self-sufficiency; wildlife conservation 1562 including imperiled and managed species; the maintenance of 1563 historic or culturally important sites, buildings, structures, 1564 or objects, and the development and modification of playgrounds, 1565 recreational areas, or other outdoor amenities, including 1566 disability access. 1567 (83) PROTECT POLLINATORS PLATES.— 1568 (a) The department shall develop a Protect Pollinators 1569 license plate as provided in this section and s. 320.08053. The 1570 word “Florida” must appear at the top of the plate, and the 1571 words “Protect Pollinators” must appear at the bottom of the 1572 plate. 1573 (b) The annual use fees from the sale of the plate shall be 1574 distributed to the Florida Wildflower Foundation Inc., which: 1575 1. May use a maximum of 10 percent of the proceeds to 1576 market, promote, and administer the Protect Pollinators plate. 1577 2. Shall use the remainder of the proceeds to establish 1578 pollinator wildflower habitats, fund pollinator education and 1579 research programs, and promote awareness of pollinators, 1580 including butterflies, native bees and honeybees, hummingbirds, 1581 bats, and hundreds of other insects and animal pollinator 1582 species, and their importance to Florida agricultural success 1583 and the security of the food supply. 1584 (84) FLORIDA NATIVE LICENSE PLATES.— 1585 (a) The department shall develop a Florida Native license 1586 plate as provided in this section and s. 320.08053. The word 1587 “Florida” must appear at the top of the plate, and the word 1588 “Native” must appear at the bottom of the plate. The plate must 1589 contain a camouflage background including leaves, flowers, or 1590 fronds of a minimum of 12 different Florida native plants. 1591 (b)1. The department shall retain all annual use fees from 1592 the sale of the plate until all startup costs for developing and 1593 issuing the plate have been recovered. 1594 2. Thereafter, the annual use fees from the sale of the 1595 plate shall be distributed to Florida Native Plant Society, a 1596 Florida nonprofit corporation, which may use a maximum of 10 1597 percent of such fees for administrative costs and a maximum of 1598 20 percent to market and promote the plate. The balance of the 1599 fees shall be used by Florida Native Plant Society, to fulfill 1600 the mission of the Florida Native Plant Society, where a minimum 1601 of 25 percent is dedicated to maintaining, improving, and 1602 restoring public native species, hunting and fishing habitats, 1603 and 25 percent is used to promote the cultivation of Florida’s 1604 agricultural products through the preservation of native noncrop 1605 plants to provide habitats for pollinators and natural enemies 1606 to plant pests, and to provide pollen and nectar and undisturbed 1607 habitats for bee nesting throughout the growing season. 1608 (85) DONATE LIFE FLORIDA LICENSE PLATES.— 1609 (a) The department shall develop a Donate Life Florida 1610 license plate as provided in this section and s. 320.08053. The 1611 plate must bear the colors and design approved by the 1612 department. The word “Florida” must appear at the top of the 1613 plate, and the words “Donors Save Lives” must appear at the 1614 bottom of the plate. 1615 (b) The annual use fees from the sale of the plate shall be 1616 distributed to Donate Life Florida, which may use up to 10 1617 percent of the proceeds for marketing and administrative costs. 1618 The remaining proceeds of the annual use fees shall be used by 1619 the Donate Life Florida to educate Florida residents on the 1620 importance of organ, tissue and eye donation and for the 1621 continued maintenance of the Joshua Abbott Organ and Tissue 1622 Donor Registry. 1623 Section 24. Paragraph (b) of subsection (4) of section 1624 320.08068, Florida Statutes, is amended to read: 1625 320.08068 Motorcycle specialty license plates.— 1626 (4) A license plate annual use fee of $20 shall be 1627 collected for each motorcycle specialty license plate. Annual 1628 use fees shall be distributed to The Able Trust as custodial 1629 agent. The Able Trust may retain a maximum of 10 percent of the 1630 proceeds from the sale of the license plate for administrative 1631 costs. The Able Trust shall distribute the remaining funds as 1632 follows: 1633 (b) Twenty percent to Preserve VisionPrevent Blindness1634 Florida. 1635 Section 25. Subsection (7) is added to section 320.086, 1636 Florida Statutes, to read: 1637 320.086 Ancient or antique motor vehicles; horseless 1638 carriage, antique, or historical license plates; former military 1639 vehicles.— 1640 (7) For purposes of this section, a trailer is considered a 1641 motor vehicle. 1642 Section 26. Section 320.0875, Florida Statutes, is created 1643 to read: 1644 320.0875 Purple Heart motorcycle special license plate.— 1645 (1) Upon application to the department and payment of the 1646 license tax for the motorcycle as provided in s. 320.08, a 1647 resident of this state who owns or leases a motorcycle that is 1648 not used for hire or commercial use shall be issued a Purple 1649 Heart motorcycle special license plate if he or she provides 1650 documentation acceptable to the department that he or she is a 1651 recipient of the Purple Heart medal. 1652 (2) The Purple Heart motorcycle special license plate shall 1653 be stamped with the words “Combat-wounded Veteran” followed by 1654 the serial number of the license plate. The Purple Heart 1655 motorcycle special license plate may have the term “Purple 1656 Heart” stamped on the plate and the likeness of the Purple Heart 1657 medal appearing on the plate. 1658 Section 27. Paragraph (a) of subsection (1) of section 1659 320.089, Florida Statutes, is amended to read: 1660 320.089Veterans of the United States Armed Forces; members1661of National Guard; survivors of Pearl Harbor; Purple Heart medal1662recipients; active or retired United States Armed Forces1663reservists; Combat Infantry Badge, Combat Medical Badge, or1664Combat Action Badge recipients; Combat Action Ribbon recipients;1665Air Force Combat Action Medal recipients; Distinguished Flying1666Cross recipients; former prisoners of war; Korean War Veterans;1667Vietnam War Veterans; Operation Desert Shield Veterans;1668Operation Desert Storm Veterans; Operation Enduring Freedom1669Veterans; Operation Iraqi Freedom Veterans; Women Veterans;1670World War II Veterans; and Navy Submariners;Special license 1671 plates for military servicemembers, veterans, and Pearl Harbor 1672 survivors; fee.— 1673 (1)(a) Upon application to the department and payment of 1674 the license tax for the vehicle as provided in s. 320.08, a 1675 resident of this state who owns or leasesEach owner or lessee1676ofan automobile or truck for private use or recreational 1677 vehicle as specified in s. 320.08(9)(c) or (d), which is not 1678 used for hire or commercial use, shall be issued a license plate 1679 pursuant to the following if the applicant provides the 1680 department with proof he or she meets the qualifications listed 1681 in this section for the applicable license plate: 1682 1. A person released or discharged from any branchwho is a1683resident of the state and a veteranof the United States Armed 1684 Forces shall be issued a license plate stamped with the words 1685 “Veteran” or “Woman Veteran” followed by the serial number of 1686 the license plate., a Woman Veteran,1687 2. A World War II Veteran shall be issued a license plate 1688 stamped with the words “WWII Veteran” followed by the serial 1689 number of the license plate.,1690 3. A Navy Submariner shall be issued a license plate 1691 stamped with the words “Navy Submariner” followed by the serial 1692 number of the license plate.,1693 4. An active or retired member of the Florida National 1694 Guard shall be issued a license plate stamped with the words 1695 “National Guard” followed by the serial number of the license 1696 plate. 1697 5. A member of the Pearl Harbor Survivors Association or 1698 other person on active military duty in Pearl Harbor on December 1699 7, 1941, shall be issued a license plate stamped with the words 1700 “Pearl Harbor Survivor” followed by the serial number of the 1701 license plate., a survivor of the attack on Pearl Harbor,1702 6. A recipient of the Purple Heart medal shall be issued a 1703 license plate stamped with the words “Combat-wounded Veteran” 1704 followed by the serial number of the license plate. The Purple 1705 Heart plate may have the words “Purple Heart” stamped on the 1706 plate and the likeness of the Purple Heart medal appearing on 1707 the plate.,1708 7. An active or retired member of any branch of the United 1709 States Armed Forces Reserve shall be issued a license plate 1710 stamped with the words “U.S. Reserve” followed by the serial 1711 number of the license plate. 1712 8. A member of the Combat Infantrymen’s Association, Inc., 1713 or a recipient of the Combat Infantry Badge, Combat Medical 1714 Badge, Combat Action Badge, Combat Action Ribbon, or Air Force 1715 Combat Action Medal shall be issued a license plate stamped with 1716 the words “Combat Infantry Badge,” “Combat Medical Badge,” 1717 “Combat Action Badge,” “Combat Action Ribbon,” or “Air Force 1718 Combat Action Medal,” as appropriate, and a likeness of the 1719 related campaign badge, ribbon, or medal, followed by the serial 1720 number of the license plate. 1721 9. A recipient of the, orDistinguished Flying Cross shall 1722 be issued a license plate stamped with the words “Distinguished 1723 Flying Cross” and a likeness of the Distinguished Flying Cross 1724 followed by the serial number of the license plate. 1725 10. A recipient of the Bronze Star shall be issued a 1726 license plate stamped with the words “Bronze Star” and a 1727 likeness of the Bronze Star followed by the serial number of the 1728 license plate, upon application to the department, accompanied1729by proof of release or discharge from any branch of the United1730States Armed Forces, proof of active membership or retired1731status in the Florida National Guard, proof of membership in the1732Pearl Harbor Survivors Association or proof of active military1733duty in Pearl Harbor on December 7, 1941, proof of being a1734Purple Heart medal recipient, proof of active or retired1735membership in any branch of the United States Armed Forces1736Reserve, or proof of membership in the Combat Infantrymen’s1737Association, Inc., proof of being a recipient of the Combat1738Infantry Badge, Combat Medical Badge, Combat Action Badge,1739Combat Action Ribbon, Air Force Combat Action Medal, or1740Distinguished Flying Cross, and upon payment of the license tax1741for the vehicle as provided in s. 320.08, shall be issued a1742license plate as provided by s. 320.06 which, in lieu of the1743serial numbers prescribed by s. 320.06, is stamped with the1744words “Veteran,” “Woman Veteran,” “WWII Veteran,” “Navy1745Submariner,” “National Guard,” “Pearl Harbor Survivor,” “Combat1746wounded veteran,” “U.S. Reserve,” “Combat Infantry Badge,”1747“Combat Medical Badge,” “Combat Action Badge,” “Combat Action1748Ribbon,” “Air Force Combat Action Medal,” or “Distinguished1749Flying Cross,” as appropriate, and a likeness of the related1750campaign medal or badge, followed by the serial number of the1751license plate. Additionally, the Purple Heart plate may have the1752words “Purple Heart” stamped on the plate and the likeness of1753the Purple Heart medal appearing on the plate. 1754 Section 28. Section 320.133, Florida Statutes, is amended 1755 to read: 1756 320.133 Transporter license plates.— 1757 (1) As used in this section, the term “transporter license 1758 plate eligible business” means a business that is engaged in the 1759 limited operation of an unregistered motor vehicle, or a 1760 repossessor that contracts with lending institutions to 1761 repossess or recover motor vehicles or mobile homes. 1762 (2) A person is not eligible to purchase or renew a 1763 transporter license plate unless he or she provides proof 1764 satisfactory to the department that his or her business is a 1765 transporter license plate eligible business. 1766 (3) The application for qualification as a transporter 1767 license plate eligible business must be in such form as is 1768 prescribed by the department and must contain the legal name of 1769 the person or persons applying for the license plate, the name 1770 of the business, and the principal or principals of the 1771 business. The application must describe the exact physical 1772 location of the place of business within the state. This 1773 location must be available at all reasonable hours for 1774 inspection of the transporter license plate records by the 1775 department or any law enforcement agency. The application must 1776 contain proof of a garage liability insurance policy, or a 1777 business automobile policy, in the amount of at least $100,000. 1778 The certificate of insurance must indicate the number of 1779 transporter license plates reported to the insurance company. 1780 Such coverage shall be maintained for the entire registration 1781 period. Upon seeking initial qualification, the applicant must 1782 provide documentation proving that the business is registered 1783 with the Division of Corporations of the Department of State to 1784 conduct business in this state. The business must indicate how 1785 it meets the qualification as a transporter license plate 1786 eligible business by describing in detail the business processes 1787 that require the use of a transporter license plate. 1788 (4)(a)(1)The department mayis authorized toissue a 1789 transporter license plate to ananyapplicant who is not a 1790 licensed dealer and who is qualified as a transporter license 1791 plate eligible business, incidental to the conduct of his or her1792business, engages in the transporting of motor vehicles which1793are not currently registered to any owner and which do not have1794license plates,upon payment of the license tax imposed by s. 1795 320.08(15) for each transportersuchlicense plate and upon 1796 proof ofliabilityinsurance as described in subsection (3) 1797coverage in the amount of $100,000 or more. The proof of 1798 insurance must indicate the number of transporter license plates 1799 reported to the insurance company, which shall be the maximum 1800 number of transporter license plates issued to the applicant. 1801SuchA transporter license plate is valid only for use on an 1802 unregisteredanymotor vehicle in the possession of the 1803 transporter while the motor vehicle is being transported in the 1804 course of the transporter’s business and must not be attached to 1805 any vehicle owned by the transporter or his or her business for 1806 which registration would otherwise be required. A person who 1807 sells or unlawfully possesses, distributes, or brokers a 1808 transporter license plate to be attached to any vehicle commits 1809 a misdemeanor of the second degree, punishable as provided in s. 1810 775.082 or s. 775.083. Any and all transporter license plates 1811 issued are subject to cancellation by the department. 1812 (b) A person who knowingly and willfully sells or 1813 unlawfully possesses, distributes, or brokers a transporter 1814 license plate to avoid registering a vehicle requiring 1815 registration pursuant to this chapter or chapter 319 commits a 1816 misdemeanor of the first degree, punishable as provided in s. 1817 775.082 or s. 775.083, and is disqualified from transporter 1818 license plate usage. All transporter license plates issued to 1819 the person’s business shall be canceled and must be returned to 1820 the department immediately upon disqualification. The 1821 transporter license plate is subject to removal as provided in 1822 subsection (9), and any and all transporter plates issued are 1823 subject to cancellation by the department. 1824 (5) A transporter license plate eligible business issued a 1825 transporter license plate must maintain for 2 years, at its 1826 location, records of each use of each transporter license plate 1827 and evidence that the plate was used as required by this 1828 chapter. Such records must be open to inspection by the 1829 department or its agents or any law enforcement officer during 1830 reasonable business hours. A person who fails to maintain true 1831 and accurate records of any transporter license plate usage or 1832 comply with this subsection commits a misdemeanor of the second 1833 degree, punishable as provided in s. 775.082 or s. 775.083, may 1834 be subject to cancellation of any and all transporter license 1835 plates issued, and is automatically disqualified from future 1836 transporter license plate issuance. 1837 (6) When attached to a motor vehicle, a transporter license 1838 plate issued under this section must be accompanied by the 1839 registration issued for the transporter license plate by the 1840 department and proof of insurance as described in subsection 1841 (3). A person who operates a motor vehicle with a transporter 1842 license plate attached who fails to provide the documentation 1843 listed in this subsection commits a misdemeanor of the second 1844 degree, punishable as provided in s. 775.082 or s. 775.083, and 1845 the transporter license plate is subject to removal as provided 1846 in subsection (9). This subsection does not apply to a person 1847 who contracts with dealers and auctions to transport motor 1848 vehicles. 1849 (7)(2)A transporter license plate issued pursuant to 1850 subsection (4)(1)must be in a distinctive color approved by 1851 the department, and the word “transporter” must appear on the 1852 face of the license plate in place of the county name. 1853 (8)(3)An initial registration or renewalA license plate1854 issued under this section is valid fora period of12 months, 1855 beginning January 1 and ending December 31. ANorefund of the 1856 license tax imposed may not be provided for any unexpired 1857 portion of a license period. 1858 (9) A transporter license plate attached to a motor vehicle 1859 in violation of subsection (4) or subsection (6) must be 1860 immediately removed by a law enforcement officer from the motor 1861 vehicle to which it was attached and surrendered to the 1862 department by the law enforcement agency for cancellation. 1863 Section 29. Subsections (1) and (2) of section 320.27, 1864 Florida Statutes, are amended to read: 1865 320.27 Motor vehicle dealers.— 1866 (1) DEFINITIONS.—The following words, terms, and phrases 1867 when used in this section have the meanings respectively 1868 ascribed to them in this subsection, except where the context 1869 clearly indicates a different meaning: 1870 (a) “Department” means the Department of Highway Safety and 1871 Motor Vehicles. 1872 (b) “Motor vehicle” means any motor vehicle of the type and 1873 kind required to be registered and titled under chapter 319 and 1874 this chapter, except a recreational vehicle, moped, motorcycle 1875 powered by a motor with a displacement of 50 cubic centimeters 1876 or less, or mobile home. 1877 (c) “Motor vehicle dealer” means any person engaged in the 1878 business of buying, selling, or dealing in motor vehicles or 1879 offering or displaying motor vehicles for sale at wholesale or 1880 retail, or who may service and repair motor vehicles pursuant to 1881 an agreement as defined in s. 320.60(1). Any person who buys, 1882 sells, or deals in three or more motor vehicles in any 12-month 1883 period or who offers or displays for sale three or more motor 1884 vehicles in any 12-month period shall be prima facie presumed to 1885 be a motor vehicle dealer. Any person who engages in possessing, 1886 storing, or displaying motor vehicles for retail sale; 1887 advertising motor vehicles for retail sale; negotiating with 1888 consumers regarding the terms of sale for a motor vehicle; 1889 providing test drives of motor vehicles offered for sale; or 1890 delivering or arranging for the delivery of a motor vehicle in 1891 conjunction with the sale of such motor vehicle is deemed to be 1892 dealing in motor vehiclesengaged in such business. The terms 1893 “selling” and “sale” include lease-purchase transactions. A 1894 motor vehicle dealer may, at retail or wholesale, sell a 1895 recreational vehicle as described in s. 320.01(1)(b)1.-6. and 1896 8., acquired in exchange for the sale of a motor vehicle, 1897 provided such acquisition is incidental to the principal 1898 business of being a motor vehicle dealer. However, a motor 1899 vehicle dealer may not buy a recreational vehicle for the 1900 purpose of resale unless licensed as a recreational vehicle 1901 dealer pursuant to s. 320.771. A motor vehicle dealer may apply 1902 for a certificate of title to a motor vehicle required to be 1903 registered under s. 320.08(2)(b), (c), and (d), using a 1904 manufacturer’s statement of origin as permitted by s. 319.23(1), 1905 only if such dealer is authorized by a franchised agreement as 1906 defined in s. 320.60(1), to buy, sell, or deal in such vehicle 1907 and is authorized by such agreement to perform delivery and 1908 preparation obligations and warranty defect adjustments on the 1909 motor vehicle; provided this limitation shall not apply to 1910 recreational vehicles, van conversions, or any other motor 1911 vehicle manufactured on a truck chassis. The transfer of a motor 1912 vehicle by a dealer not meeting these qualifications shall be 1913 titled as a used vehicle. The classifications of motor vehicle 1914 dealers are defined as follows: 1915 1. “Franchised motor vehicle dealer” means any person who 1916 engages in the business of repairing, servicing, buying, 1917 selling, or dealing in motor vehicles pursuant to an agreement 1918 as defined in s. 320.60(1). 1919 2. “Independent motor vehicle dealer” means any person 1920 other than a franchised or wholesale motor vehicle dealer who 1921 engages in the business of buying, selling, or dealing in motor 1922 vehicles, and who may service and repair motor vehicles. 1923 3. “Wholesale motor vehicle dealer” means any person who 1924 engages exclusively in the business of buying, selling, or 1925 dealing in motor vehicles at wholesale or with motor vehicle 1926 auctions. Such person shall be licensed to do business in this 1927 state, shall not sell or auction a vehicle to any person who is 1928 not a licensed dealer, and shall not have the privilege of the 1929 use of dealer license plates. Any person who buys, sells, or 1930 deals in motor vehicles at wholesale or with motor vehicle 1931 auctions on behalf of a licensed motor vehicle dealer and as a 1932 bona fide employee of such licensed motor vehicle dealer is not 1933 required to be licensed as a wholesale motor vehicle dealer. In 1934 such cases it shall be prima facie presumed that a bona fide 1935 employer-employee relationship exists. A wholesale motor vehicle 1936 dealer shall be exempt from the display provisions of this 1937 section but shall maintain an office wherein records are kept in 1938 order that those records may be inspected. 1939 4. “Motor vehicle auction” means any person offering motor 1940 vehicles or recreational vehicles for sale to the highest bidder 1941 where buyers are licensed motor vehicle dealers. Such person 1942 shall not sell a vehicle to anyone other than a licensed motor 1943 vehicle dealer. 1944 5. “Salvage motor vehicle dealer” means any person who 1945 engages in the business of acquiring salvaged or wrecked motor 1946 vehicles for the purpose of reselling them and their parts. 1947 1948 Notwithstanding anything in this subsection to the contrary, the 1949 term “motor vehicle dealer” does not include persons not engaged 1950 in the purchase or sale of motor vehicles as a business who are 1951 disposing of vehicles acquired for their own use or for use in 1952 their business or acquired by foreclosure or by operation of 1953 law, provided such vehicles are acquired and sold in good faith 1954 and not for the purpose of avoiding the provisions of this law; 1955 persons engaged in the business of manufacturing, selling, or 1956 offering or displaying for sale at wholesale or retail no more 1957 than 25 trailers in a 12-month period; public officers while 1958 performing their official duties; receivers; trustees, 1959 administrators, executors, guardians, or other persons appointed 1960 by, or acting under the judgment or order of, any court; banks, 1961 finance companies, or other loan agencies that acquire motor 1962 vehicles as an incident to their regular business; motor vehicle 1963 brokers; persons whose sole dealing in motor vehicles is owning 1964 a publication in which, or hosting a website on which, licensed 1965 motor vehicle dealers display vehicles for sale; and motor 1966 vehicle rental and leasing companies that sell motor vehicles to 1967 motor vehicle dealers licensed under this section. Vehicles 1968 owned under circumstances described in this paragraph may be 1969 disposed of at retail, wholesale, or auction, unless otherwise 1970 restricted. A manufacturer of fire trucks, ambulances, or school 1971 buses may sell such vehicles directly to governmental agencies 1972 or to persons who contract to perform or provide firefighting, 1973 ambulance, or school transportation services exclusively to 1974 governmental agencies without processing such sales through 1975 dealers if such fire trucks, ambulances, school buses, or 1976 similar vehicles are not presently available through motor 1977 vehicle dealers licensed by the department. 1978 (d) “Motor vehicle broker” means any person engaged in the 1979 business of, or who holds himself or herself out through 1980 solicitation, advertisement, or who otherwise holds himself or 1981 herself out as being in the business of,offering to procure or1982procuring motor vehicles forassisting the general public in 1983 purchasing or leasing a motor vehicle from a licensed motor 1984 vehicle dealer,or who holds himself or herself out through1985solicitation, advertisement, or otherwise as one who offers to1986procure or procures motor vehicles for the general public,and 1987 who does not deal in motor vehicles as provided in paragraph 1988 (1)(c)store, display, or take ownership of any vehicles for the1989purpose of selling such vehicles. Any advertisement or 1990 solicitation by a motor vehicle broker must include a statement 1991 that the broker is receiving a fee and must clearly state that 1992 the person is not a licensed motor vehicle dealer. 1993 (e) “Person” means any natural person, firm, partnership, 1994 association, or corporation. 1995 (f) “Bona fide employee” means a person who is employed by 1996 a licensed motor vehicle dealer and receives annually an 1997 Internal Revenue Service Form W-2, or an independent contractor 1998 who has a written contract with a licensed motor vehicle dealer 1999 and receives annually an Internal Revenue Service Form 1099, for 2000 the purpose of acting in the capacity of or conducting motor 2001 vehicle sales transactions as a motor vehicle dealer. 2002 (2) LICENSE REQUIRED.—No person shall engage in business 2003 as, serve in the capacity of, or act as a motor vehicle dealer 2004 in this state without first obtaining a license therefor in the 2005 appropriate classification as provided in this section. With the 2006 exception of transactions with motor vehicle auctions, no person 2007 other than a licensed motor vehicle dealer may advertise for 2008 sale any motor vehicle belonging to another party unless as a 2009 direct result of a bona fide legal proceeding, court order, 2010 settlement of an estate, or by operation of law. However, owners 2011 of motor vehicles titled in their names may advertise and offer 2012 vehicles for sale on their own behalf. It shall be unlawful for 2013 a licensed motor vehicle dealer to allow any person other than a 2014 bona fide employee to use the motor vehicle dealer license for 2015 the purpose of acting in the capacity of or conducting motor 2016 vehicle sales transactions as a motor vehicle dealer. Any person 2017 actingselling or offering a motor vehicle for salein violation 2018 of the licensing requirements of this subsection, or who 2019 misrepresents to any person its relationship with any 2020 manufacturer, importer, or distributor, in addition to the 2021 penalties provided herein, isshall bedeemed to have committed 2022guilty ofan unfair and deceptive trade practice in violation of 2023asdefined inpart II of chapter 501 and isshall besubject to 2024the provisions ofsubsections (8) and (9). 2025 Section 30. Section 321.25, Florida Statutes, is amended to 2026 read: 2027 321.25 Training provided at patrol schools; reimbursement 2028 of tuition and other course expenses.— 2029 (1) The Department of Highway Safety and Motor Vehicles may 2030is authorized toprovide for the training of law enforcement 2031 officials and individuals in matters relating to the duties, 2032 functions, and powers of the Florida Highway Patrol in the 2033 schools established by the department for the training of 2034 highway patrol candidates and officers. The Department of 2035 Highway Safety and Motor Vehicles mayis authorized tocharge a 2036 fee for providing the training authorized by this section. The 2037 fee shall be charged to persons attending the training. The fee 2038 shall be based on the Department of Highway Safety and Motor 2039 Vehicles’ costs for providing the training, and such costs may 2040 include, but are not limited to, tuition, lodging, and meals. 2041 Revenues from the fees shall be used to offset the Department of 2042 Highway Safety and Motor Vehicles’ costs for providing the 2043 training. The cost of training local enforcement officers shall 2044 be paid for by their respective offices, counties, or 2045 municipalities, as the case may be. Such cost shall be deemed a 2046 proper county or municipal expense or a proper expenditure of 2047 the office of sheriff. 2048 (2) Notwithstanding s. 943.16, a person who attends 2049 training under subsection (1) at the expense of the Department 2050 of Highway Safety and Motor Vehicles must remain in the 2051 employment or appointment of the Florida Highway Patrol for at 2052 least 3 years. Once employed, if the person fails to remain 2053 employed by the Florida Highway Patrol for at least 3 years from 2054 the first date of employment, the person must pay the cost of 2055 tuition and other course expenses to the Department of Highway 2056 Safety and Motor Vehicles. As used in this section, the term 2057 “other course expenses” may include the cost of meals and 2058 lodging. 2059 (3) The Department of Highway Safety and Motor Vehicles may 2060 institute a civil action to collect the cost of tuition and 2061 other course expenses if it is not reimbursed pursuant to 2062 subsection (2), provided that the Florida Highway Patrol gave 2063 written notification to the person of the 3-year employment 2064 commitment during the employment screening process and the 2065 person returned signed acknowledgment of receipt of such 2066 notification. 2067 (4) Notwithstanding any other provision of this section, 2068 the Department of Highway Safety and Motor Vehicles may waive a 2069 person’s requirement of reimbursement in part or in full when 2070 the person terminates employment due to hardship or extenuating 2071 circumstances. 2072 Section 31. Subsection (4) of section 322.01, Florida 2073 Statutes, is amended to read: 2074 322.01 Definitions.—As used in this chapter: 2075 (4) “Authorized emergency vehicle” means a vehicle that is 2076 equipped with extraordinary audible and visual warning devices, 2077 that is authorized by s. 316.2397 to display red, red and white, 2078 or blue lights, and that is on call to respond to emergencies. 2079 The term includes, but is not limited to, ambulances, law 2080 enforcement vehicles, fire trucks, and other rescue vehicles. 2081 The term does not include wreckers, utility trucks, or other 2082 vehicles that are used only incidentally for emergency purposes. 2083 Section 32. Subsection (4) of section 322.03, Florida 2084 Statutes, is amended to read: 2085 322.03 Drivers must be licensed; penalties.— 2086 (4) A person may not operate a motorcycle unless he or she 2087 holds a driver license that authorizes such operation, subject 2088 to the appropriate restrictions and endorsements. A person may 2089 operate an autocycle without a motorcycle endorsement. 2090 Section 33. Subsections (1) and (2) of section 322.032, 2091 Florida Statutes, are amended to read 2092 322.032 Digital proof of driver license.— 2093 (1) The department, in collaboration with the Agency for 2094 State Technology, shall establish and implementbegin to review2095and prepare for the development of asecure and uniform 2096 protocols and standardssystemfor issuing an optional digital 2097 proof of driver license and shall procure any application 2098 programming interface necessary to enable a private entity to 2099 securely manufacture a digital proof of driver license. The 2100 department may contract with one or more private entities to 2101 develop a digital proof of driver license system. 2102 (2)(a) AThedigital proof of driver licensedeveloped by2103the department or by an entity contracted by the departmentmust 2104 be in such a format as to allow law enforcement to verify the 2105 authenticity of the digital proof of driver license. The 2106 department may adopt rules to ensure valid authentication of a 2107 digital proof of driver licenselicensesby law enforcement. 2108 (b) The act of presenting to a law enforcement officer an 2109 electronic device displaying a digital proof of driver license 2110 does not constitute consent for the officer to access any 2111 information on the device other than the digital proof of driver 2112 license. 2113 (c) A person who presents such device to the officer 2114 assumes liability for any resulting damage to the device. 2115 Section 34. Paragraph (e) of subsection (8) of section 2116 322.051, Florida Statutes, is amended to read: 2117 322.051 Identification cards.— 2118 (8) 2119 (e)1. Upon request by a person who has posttraumatic stress 2120 disorder, a traumatic brain injury, or a developmental 2121 disability, or by a parent or guardian of a child or ward who 2122 has posttraumatic stress disorder, a traumatic brain injury, or 2123 a developmental disability, the department shall issue an 2124 identification card exhibiting a capital “D” for the person, 2125 child, or ward if the person or the parent or guardian of the 2126 child or ward submits: 2127 a. Payment of an additional $1 fee; and 2128 b. Proof acceptable to the department of a diagnosis by a 2129 licensed physician of a developmental disability as defined in 2130 s. 393.063, posttraumatic stress disorder, or traumatic brain 2131 injury. 2132 2. The department shall deposit the additional $1 fee into 2133 the Agency for Persons with Disabilities Operations and 2134 Maintenance Trust Fund under s. 20.1971(2). 2135 3. A replacement identification card that includes the 2136 designation may be issued without payment of the fee required 2137 under s. 322.21(1)(f). 2138 4. The department shall develop rules to facilitate the 2139 issuance, requirements, and oversight of posttraumatic stress 2140 disorder, traumatic brain injury, and developmental disability 2141 identification cards under this section. 2142 Section 35. Paragraph (m) of subsection (8) of section 2143 322.08, Florida Statutes, is amended to read: 2144 322.08 Application for license; requirements for license 2145 and identification card forms.— 2146 (8) The application form for an original, renewal, or 2147 replacement driver license or identification card must include 2148 language permitting the following: 2149 (m) A voluntary contribution of $1 per applicant, which 2150 shall be distributed to Preserve VisionPrevent Blindness2151 Florida, a not-for-profit organization, to prevent blindness and 2152 preserve the sight of the residents of this state. 2153 2154 A statement providing an explanation of the purpose of the trust 2155 funds shall also be included. For the purpose of applying the 2156 service charge provided under s. 215.20, contributions received 2157 under paragraphs (b)-(t) are not income of a revenue nature. 2158 Section 36. Subsection (5) of section 322.091, Florida 2159 Statutes, is amended to read: 2160 322.091 Attendance requirements.— 2161 (5) REPORTING AND ACCOUNTABILITY.—The department shall make 2162 available, upon request, a reportquarterlyto each school 2163 district of the legal name, sex, date of birth, and social 2164 security number of each student whose driving privileges have 2165 been suspended under this section. 2166 Section 37. Subsections (1) and (5) of section 322.12, 2167 Florida Statutes, are amended to read: 2168 322.12 Examination of applicants.— 2169 (1) It is the intent of the Legislature that every 2170 applicant for an original driver license in this state be 2171 required to pass an examination pursuant to this section. 2172 However, the department may waive the knowledge, endorsement, 2173 and skills tests for an applicant who is otherwise qualified and 2174 who surrenders a valid driver license from another state or a 2175 province of Canada, or a valid driver license issued by the 2176 United States Armed Forces, if the driver applies for a Florida 2177 license of an equal or lesser classification. AnAnyapplicant 2178 who fails to pass the initial knowledge test incurs a $10 fee 2179 for each subsequent test, to be deposited into the Highway 2180 Safety Operating Trust Fund; however, if a subsequent test is 2181 administered by the tax collector, the tax collector shall 2182 retain the $10 fee, less the General Revenue Service Charge set 2183 forth in s. 215.20(1). AnAnyapplicant who fails to pass the 2184 initial skills test incurs a $20 fee for each subsequent test, 2185 to be deposited into the Highway Safety Operating Trust Fund; 2186 however, if a subsequent test is administered by the tax 2187 collector, the tax collector shall retain the $20 fee, less the 2188 General Revenue Service Charge set forth in s. 215.20(1). A 2189 person who seeks to retain a hazardous-materials endorsement, 2190 pursuant to s. 322.57(1)(e), must pass the hazardous-materials 2191 test, upon surrendering his or her commercial driver license, if 2192 the person has not taken and passed the hazardous-materials test 2193 within 2 years before applying for a commercial driver license 2194 in this state. 2195 (5)(a) The department shall formulate a separate 2196 examination for applicants for licenses to operate motorcycles. 2197 Any applicant for a driver license who wishes to operate a 2198 motorcycle, and who is otherwise qualified, must successfully 2199 complete such an examination, which is in addition to the 2200 examination administered under subsection (3). The examination 2201 must test the applicant’s knowledge of the operation of a 2202 motorcycle and of any traffic laws specifically relating thereto 2203 and must include an actual demonstration of his or her ability 2204 to exercise ordinary and reasonable control in the operation of 2205 a motorcycle. Any applicant who fails to pass the initial 2206 knowledge examination will incur a $5 fee for each subsequent 2207 examination, to be deposited into the Highway Safety Operating 2208 Trust Fund. Any applicant who fails to pass the initial skills 2209 examination will incur a $10 fee for each subsequent 2210 examination, to be deposited into the Highway Safety Operating 2211 Trust Fund. In the formulation of the examination, the 2212 department shall consider the use of the Motorcycle Operator 2213 Skills Test and the Motorcycle in Traffic Test offered by the 2214 Motorcycle Safety Foundation. The department shall indicate on 2215 the license of any person who successfully completes the 2216 examination that the licensee is authorized to operate a 2217 motorcycle. If the applicant wishes to be licensed to operate a 2218 motorcycle only, he or she need not take the skill or road test 2219 required under subsection (3) for the operation of a motor 2220 vehicle, and the department shall indicate such a limitation on 2221 his or her license as a restriction. Every first-time applicant 2222 for licensure to operate a motorcycle must provide proof of 2223 completion of a motorcycle safety course, as provided for in s. 2224 322.0255, before the applicant may be licensed to operate a 2225 motorcycle. 2226 (b) The department may exempt any applicant from the 2227 examination provided in this subsection if the applicant 2228 presents a certificate showing successful completion of a course 2229 approved by the department, which course includes a similar 2230 examination of the knowledge and skill of the applicant in the 2231 operation of a motorcycle. 2232 (c) This subsection does not apply to the operation of an 2233 autocycle. 2234 Section 38. Paragraph (d) is added to subsection (1) of 2235 section 322.135, Florida Statutes, to read: 2236 322.135 Driver license agents.— 2237 (1) The department shall, upon application, authorize by 2238 interagency agreement any or all of the tax collectors who are 2239 constitutional officers under s. 1(d), Art. VIII of the State 2240 Constitution in the several counties of the state, subject to 2241 the requirements of law, in accordance with rules of the 2242 department, to serve as its agent for the provision of specified 2243 driver license services. 2244 (d) Each tax collector shall provide the same driver 2245 license services in office to residents of other counties that 2246 it provides for residents of its home county. 2247 Section 39. Paragraph (b) of subsection (1) of section 2248 322.17, Florida Statutes, is amended to read: 2249 322.17 Replacement licenses, identification cards, and 2250 permits.— 2251 (1) 2252 (b) In the event that an instruction permit,ordriver 2253 license, or identification card issued underthe provisions of2254 this chapter is stolen, the person to whom the same was issued 2255 may, at no charge, obtain a replacement upon furnishing proof 2256 satisfactory to the department that such permit,orlicense, or 2257 identification card was stolen and further furnishing the 2258 person’s full name, date of birth, sex, residence and mailing 2259 address, proof of birth satisfactory to the department, and 2260 proof of identity satisfactory to the department. 2261 Section 40. Paragraphs (e) and (i) of subsection (1) and 2262 subsection (8) of section 322.21, Florida Statutes, are amended, 2263 and subsection (10) is added to that section, to read: 2264 322.21 License fees; procedure for handling and collecting 2265 fees.— 2266 (1) Except as otherwise provided herein, the fee for: 2267 (e) A replacement driver license issued pursuant to s. 2268 322.17 is $25. Of this amount, $7 shall be deposited into the 2269 Highway Safety Operating Trust Fund and $18 shall be deposited 2270 into the General Revenue Fund.Beginning July 1, 2015, or upon2271completion of the transition of driver license issuance2272services,If the replacement driver license is issued by the tax 2273 collector, the tax collector shall retain the $7 that would 2274 otherwise be deposited into the Highway Safety Operating Trust 2275 Fund and the remaining revenues shall be deposited into the 2276 General Revenue Fund. 2277(i) The specialty driver license or identification card2278issued pursuant to s. 322.1415 is $25, which is in addition to2279other fees required in this section. The fee shall be2280distributed as follows:22811. Fifty percent shall be distributed as provided in s.2282320.08058 to the appropriate state or independent university,2283professional sports team, or branch of the United States Armed2284Forces.22852. Fifty percent shall be distributed to the department for2286costs directly related to the specialty driver license and2287identification card program and to defray the costs associated2288with production enhancements and distribution.2289 (8) AAnyperson who applies for reinstatement following 2290 the suspension or revocation of the person’s driver license must 2291 pay a service fee of $45 following a suspension, and $75 2292 following a revocation, which is in addition to the fee for a 2293 license. AAnyperson who applies for reinstatement of a 2294 commercial driver license following the disqualification of the 2295 person’s privilege to operate a commercial motor vehicle shall 2296 pay a service fee of $75, which is in addition to the fee for a 2297 license. The department shall collect all of these fees at the 2298 time of reinstatement. The department shall issue proper 2299 receipts for such fees and shall promptly transmit all funds 2300 received by it as follows: 2301 (a) Of the $45 fee received from a licensee for 2302 reinstatement following a suspension: 2303 1. If the reinstatement is processed by the department, the 2304 department shall deposit $15 in the General Revenue Fund and $30 2305 in the Highway Safety Operating Trust Fund. 2306 2. If the reinstatement is processed by the tax collector, 2307 $15, less the General Revenue Service Charge set forth in s. 2308 215.20(1), shall be retained by the tax collector, $15 shall be 2309 deposited into the Highway Safety Operating Trust Fund, and $15 2310 shall be deposited into the General Revenue Fund. 2311 (b) Of the $75 fee received from a licensee for 2312 reinstatement following a revocation or disqualification: 2313 1. If the reinstatement is processed by the department, the 2314 department shall deposit $35 in the General Revenue Fund and $40 2315 in the Highway Safety Operating Trust Fund. 2316 2. If the reinstatement is processed by the tax collector, 2317 $20, less the General Revenue Service Charge set forth in s. 2318 215.20(1), shall be retained by the tax collector, $20 shall be 2319 deposited into the Highway Safety Operating Trust Fund, and $35 2320 shall be deposited into the General Revenue Fund. 2321 2322 If the revocation or suspension of the driver license was for a 2323 violation of s. 316.193, or for refusal to submit to a lawful 2324 breath, blood, or urine test, an additional fee of $130 must be 2325 charged. However, only one $130 fee may be collected from one 2326 person convicted of violations arising out of the same incident. 2327 The department shall collect the $130 fee and deposit the fee 2328 into the Highway Safety Operating Trust Fund at the time of 2329 reinstatement of the person’s driver license, but the fee may 2330 not be collected if the suspension or revocation is overturned. 2331 If the revocation or suspension of the driver license was for a 2332 conviction for a violation of s. 817.234(8) or (9) or s. 2333 817.505, an additional fee of $180 is imposed for each offense. 2334 The department shall collect and deposit the additional fee into 2335 the Highway Safety Operating Trust Fund at the time of 2336 reinstatement of the person’s driver license. 2337 (10) An applicant who submits an application for a renewal 2338 or replacement driver license or identification card to the 2339 department using a convenience service shall be provided with an 2340 option for expedited shipping whereby the department, at the 2341 applicant’s request, shall issue the license or identification 2342 card within 5 working days after receipt of the application and 2343 ship the license or card using an expedited mail service. A fee 2344 shall be charged for the expedited shipping option, not to 2345 exceed the cost of the expedited mail service, which is in 2346 addition to fees imposed by s. 322.051, this section, or the 2347 convenience service. Fees collected for the expedited shipping 2348 option shall be deposited into the Highway Safety Operating 2349 Trust Fund. 2350 Section 41. Subsection (1) of section 322.61, Florida 2351 Statutes, is amended, and subsection (2) of that section is 2352 reenacted, to read: 2353 322.61 Disqualification from operating a commercial motor 2354 vehicle.— 2355 (1) A person who, for offenses occurring within a 3-year 2356 period, is convicted of two of the following serious traffic 2357 violations, or any combination thereof, arising in separate 2358 incidents committed in a commercial motor vehicle shall, in 2359 addition to any other applicable penalties, be disqualified from 2360 operating a commercial motor vehicle for a period of 60 days. A 2361 holder of a commercial driver license or commercial learner’s 2362 permit who, for offenses occurring within a 3-year period, is 2363 convicted of two of the following serious traffic violations, or 2364 any combination thereof, arising in separate incidents committed 2365 in a noncommercial motor vehicle shall, in addition to any other 2366 applicable penalties, be disqualified from operating a 2367 commercial motor vehicle for a period of 60 days if such 2368 convictions result in the suspension, revocation, or 2369 cancellation of the licenseholder’s driving privilege: 2370 (a) A violation of any state or local law relating to motor 2371 vehicle traffic control, other than a parking violation, arising 2372 in connection with a crash resulting in death; 2373 (b) Reckless driving, as defined in s. 316.192; 2374 (c) Unlawful speed of 15 miles per hour or more above the 2375 posted speed limit; 2376 (d) Improper lane change, as defined in s. 316.085; 2377 (e) Following too closely, as defined in s. 316.0895; 2378 (f) Texting while driving a commercial motor vehicle, as 2379 prohibited by 49 C.F.R. 392.80; 2380 (g) Using a handheld mobile telephone while driving a 2381 commercial motor vehicle, as prohibited by 49 C.F.R. 392.82; 2382 (h)(f)Driving a commercial vehicle without obtaining a 2383 commercial driver license; 2384 (i)(g)Driving a commercial vehicle without the proper 2385 class of commercial driver license or commercial learner’s 2386 permit or without the proper endorsement; or 2387 (j)(h)Driving a commercial vehicle without a commercial 2388 driver license or commercial learner’s permit in possession, as 2389 required by s. 322.03. 2390 (2)(a) Any person who, for offenses occurring within a 3 2391 year period, is convicted of three serious traffic violations 2392 specified in subsection (1) or any combination thereof, arising 2393 in separate incidents committed in a commercial motor vehicle 2394 shall, in addition to any other applicable penalties, including 2395 but not limited to the penalty provided in subsection (1), be 2396 disqualified from operating a commercial motor vehicle for a 2397 period of 120 days. 2398 (b) A holder of a commercial driver license or commercial 2399 learner’s permit who, for offenses occurring within a 3-year 2400 period, is convicted of three serious traffic violations 2401 specified in subsection (1) or any combination thereof arising 2402 in separate incidents committed in a noncommercial motor vehicle 2403 shall, in addition to any other applicable penalties, including, 2404 but not limited to, the penalty provided in subsection (1), be 2405 disqualified from operating a commercial motor vehicle for a 2406 period of 120 days if such convictions result in the suspension, 2407 revocation, or cancellation of the licenseholder’s driving 2408 privilege. 2409 Section 42. Section 324.031, Florida Statutes, is amended 2410 to read: 2411 324.031 Manner of proving financial responsibility.—The 2412 owner or operator of a taxicab, limousine, jitney, or any other 2413 for-hire passenger transportation vehicle may prove financial 2414 responsibility by providing satisfactory evidence of holding a 2415 motor vehicle liability policy as defined in s. 324.021(8) or s. 2416 324.151, which policy is provided by an insurer authorized to do 2417 business in this stateissuedby an insurance carrierwhich is a 2418 member of the Florida Insurance Guaranty Association or is an 2419 eligible surplus lines insurer that has a superior, excellent, 2420 exceptional, or equivalent financial strength rating by a rating 2421 agency acceptable to the Office of Insurance Regulation of the 2422 Financial Services Commission. The operator or owner of any 2423 other vehicle may prove his or her financial responsibility by: 2424 (1) Furnishing satisfactory evidence of holding a motor 2425 vehicle liability policy as defined in ss. 324.021(8) and 2426 324.151; 2427 (2) Furnishing a certificate of self-insurance showing a 2428 deposit of cash in accordance with s. 324.161; or 2429 (3) Furnishing a certificate of self-insurance issued by 2430 the department in accordance with s. 324.171. 2431 2432 Any person, including any firm, partnership, association, 2433 corporation, or other person, other than a natural person, 2434 electing to use the method of proof specified in subsection (2) 2435 shall furnish a certificate of deposit equal to the number of 2436 vehicles owned times $30,000, to a maximum of $120,000; in 2437 addition, any such person, other than a natural person, shall 2438 maintain insurance providing coverage in excess of limits of 2439 $10,000/20,000/10,000 or $30,000 combined single limits, and 2440 such excess insurance shall provide minimum limits of 2441 $100,000/$300,000$125,000/250,000/50,000 or $300,000 combined 2442 single limits. These increased limits shall not affect the 2443 requirements for proving financial responsibility under s. 2444 324.032(1). 2445 Section 43. Subsection (1) of section 531.37, Florida 2446 Statutes, is amended to read: 2447 531.37 Definitions.—As used in this chapter: 2448 (1) “Weights and measures” means all weights and measures 2449 of every kind, instruments, and devices for weighing and 2450 measuring, and any appliance and accessories associated with any 2451 or all such instruments and devices, excluding taximeters, 2452 transportation measurement systems, and those weights and 2453 measures used for the purpose of inspecting the accuracy of 2454 devices used in conjunction with aviation fuel. 2455 Section 44. Subsection (1) of section 531.61, Florida 2456 Statutes, is amended, and present subsections (2) and (3) of 2457 that section are redesignated as subsections (1) and (2), 2458 respectively, to read: 2459 531.61 Exemptions from permit requirement.—Commercial 2460 weights or measures instruments or devices are exempt from the 2461 requirements of ss. 531.60-531.66 if: 2462(1) The device is a taximeter that is licensed, permitted,2463or registered by a municipality, county, or other local2464government and is tested for accuracy and compliance with state2465standards by the local government in cooperation with the state2466as authorized in s. 531.421.2467 Section 45. Paragraph (g) of subsection (2) of section 2468 531.63, Florida Statutes, is amended, and present paragraphs (h) 2469 and (i) of that subsection are redesignated as paragraphs (g) 2470 and (h), respectively, to read: 2471 531.63 Maximum permit fees.—The commercial use permit fees 2472 established for weights or measures instruments or devices shall 2473 be in an amount necessary to administer this chapter but may not 2474 exceed the amounts provided in this section. 2475 (2) For other measuring devices, the annual permit fees per 2476 device may not exceed the following: 2477(g) Taximeters.......................................$50.2478 Section 46. Section 877.27, Florida Statutes, is amended to 2479 read: 2480 877.27 Unauthorized transmissions to, or interference with, 2481 a public or commercial radio station licensed by the Federal 2482 Communications Commission or global positioning system 2483 prohibited; penalties.— 2484 (1) A person may not: 2485 (a) Make, or cause to be made, a radio transmission in this 2486 state unless the person obtains a license or an exemption from 2487 licensure from the Federal Communications Commission under 47 2488 U.S.C. s. 301, or other applicable federal law or regulation; or 2489 (b) Do any act, whether direct or indirect, to cause an 2490 unlicensed radio transmission to, or interference with, a public 2491 or commercial radio station licensed by the Federal 2492 Communications Commission or to enable the radio transmission or 2493 interference to occur. 2494 (c) Use a device prohibited by the Federal Communications 2495 Commission which would cause interference with the legal use of 2496 a global positioning system (GPS) to track vehicles. 2497 (2) A person who violates this section commits a felony of 2498 the third degree, punishable as provided in s. 775.082, s. 2499 775.083, or s. 775.084. 2500 Section 47. Paragraph (c) of subsection (1) of section 2501 212.05, Florida Statutes, is amended to read: 2502 212.05 Sales, storage, use tax.—It is hereby declared to be 2503 the legislative intent that every person is exercising a taxable 2504 privilege who engages in the business of selling tangible 2505 personal property at retail in this state, including the 2506 business of making mail order sales, or who rents or furnishes 2507 any of the things or services taxable under this chapter, or who 2508 stores for use or consumption in this state any item or article 2509 of tangible personal property as defined herein and who leases 2510 or rents such property within the state. 2511 (1) For the exercise of such privilege, a tax is levied on 2512 each taxable transaction or incident, which tax is due and 2513 payable as follows: 2514 (c) At the rate of 6 percent of the gross proceeds derived 2515 from the lease or rental of tangible personal property, as 2516 defined herein; however, the following special provisions apply 2517 to the lease or rental of motor vehicles: 2518 1. When a motor vehicle is leased or rented for a period of 2519 less than 12 months: 2520 a. If the motor vehicle is rented in Florida, the entire 2521 amount of such rental is taxable, even if the vehicle is dropped 2522 off in another state. 2523 b. If the motor vehicle is rented in another state and 2524 dropped off in Florida, the rental is exempt from Florida tax. 2525 2. Except as provided in subparagraph 3., for the lease or 2526 rental of a motor vehicle for a period of not less than 12 2527 months, sales tax is due on the lease or rental payments if the 2528 vehicle is registered in this state; provided, however, that no 2529 tax shall be due if the taxpayer documents use of the motor 2530 vehicle outside this state and tax is being paid on the lease or 2531 rental payments in another state. 2532 3. The tax imposed by this chapter does not apply to the 2533 lease or rental of a commercial motor vehicle as defined in s. 2534 316.003(13)(a)s.316.003(12)(a)to one lessee or rentee for a 2535 period of not less than 12 months when tax was paid on the 2536 purchase price of such vehicle by the lessor. To the extent tax 2537 was paid with respect to the purchase of such vehicle in another 2538 state, territory of the United States, or the District of 2539 Columbia, the Florida tax payable shall be reduced in accordance 2540 with the provisions of s. 212.06(7). This subparagraph shall 2541 only be available when the lease or rental of such property is 2542 an established business or part of an established business or 2543 the same is incidental or germane to such business. 2544 Section 48. Subsection (1) of section 316.303, Florida 2545 Statutes, is amended to read: 2546 316.303 Television receivers.— 2547 (1) No motor vehicle may be operated on the highways of 2548 this state if the vehicle is actively displaying moving 2549 television broadcast or pre-recorded video entertainment content 2550 that is visible from the driver’s seat while the vehicle is in 2551 motion, unless the vehicle is equipped with autonomous 2552 technology, as defined in s. 316.003(3)s.316.003(2), and is 2553 being operated in autonomous mode, as provided in s. 316.85(2). 2554 Section 49. Paragraph (b) of subsection (2) of section 2555 316.545, Florida Statutes, is amended to read: 2556 316.545 Weight and load unlawful; special fuel and motor 2557 fuel tax enforcement; inspection; penalty; review.— 2558 (2) 2559 (b) The officer or inspector shall inspect the license 2560 plate or registration certificate of the commercial vehicle to 2561 determine whether its gross weight is in compliance with the 2562 declared gross vehicle weight. If its gross weight exceeds the 2563 declared weight, the penalty shall be 5 cents per pound on the 2564 difference between such weights. In those cases when the 2565 commercial vehicle is being operated over the highways of the 2566 state with an expired registration or with no registration from 2567 this or any other jurisdiction or is not registered under the 2568 applicable provisions of chapter 320, the penalty herein shall 2569 apply on the basis of 5 cents per pound on that scaled weight 2570 which exceeds 35,000 pounds on laden truck tractor-semitrailer 2571 combinations or tandem trailer truck combinations, 10,000 pounds 2572 on laden straight trucks or straight truck-trailer combinations, 2573 or 10,000 pounds on any unladen commercial motor vehicle. A 2574 driver of a commercial motor vehicle entering the state at a 2575 designated port-of-entry location, as defined in s. 316.003s.2576316.003(54), or operating on designated routes to a port-of 2577 entry location, who obtains a temporary registration permit 2578 shall be assessed a penalty limited to the difference between 2579 its gross weight and the declared gross vehicle weight at 5 2580 cents per pound. If the license plate or registration has not 2581 been expired for more than 90 days, the penalty imposed under 2582 this paragraph may not exceed $1,000. In the case of special 2583 mobile equipment, which qualifies for the license tax provided 2584 for in s. 320.08(5)(b), being operated on the highways of the 2585 state with an expired registration or otherwise not properly 2586 registered under the applicable provisions of chapter 320, a 2587 penalty of $75 shall apply in addition to any other penalty 2588 which may apply in accordance with this chapter. A vehicle found 2589 in violation of this section may be detained until the owner or 2590 operator produces evidence that the vehicle has been properly 2591 registered. Any costs incurred by the retention of the vehicle 2592 shall be the sole responsibility of the owner. A person who has 2593 been assessed a penalty pursuant to this paragraph for failure 2594 to have a valid vehicle registration certificate pursuant to the 2595 provisions of chapter 320 is not subject to the delinquent fee 2596 authorized in s. 320.07 if such person obtains a valid 2597 registration certificate within 10 working days after such 2598 penalty was assessed. 2599 Section 50. Paragraph (a) of subsection (2) of section 2600 316.613, Florida Statutes, is amended to read: 2601 316.613 Child restraint requirements.— 2602 (2) As used in this section, the term “motor vehicle” means 2603 a motor vehicle as defined in s. 316.003 that is operated on the 2604 roadways, streets, and highways of the state. The term does not 2605 include: 2606 (a) A school bus as defined in s. 316.003s. 316.003(68). 2607 Section 51. Subsection (1) of section 655.960, Florida 2608 Statutes, is amended to read: 2609 655.960 Definitions; ss. 655.960-655.965.—As used in this 2610 section and ss. 655.961-655.965, unless the context otherwise 2611 requires: 2612 (1) “Access area” means any paved walkway or sidewalk which 2613 is within 50 feet of any automated teller machine. The term does 2614 not include any street or highway open to the use of the public, 2615 as defined in s. 316.003(78)(a) or (b)s.316.003(77)(a) or (b), 2616 including any adjacent sidewalk, as defined in s. 316.003. 2617 Section 52. The amendments made by this act to s. 318.18, 2618 Florida Statutes, shall apply upon the adoption by rule of 2619 uniform traffic citation forms. The Department of Highway Safety 2620 and Motor Vehicles shall notify the Division of Law Revision and 2621 Information upon the adoption of such forms. 2622 Section 53. Except as otherwise provided in this act, this 2623 act shall take effect October 1, 2017.