Bill Text: FL S0974 | 2019 | Regular Session | Comm Sub
Bill Title: Motor Vehicles
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2019-04-26 - Laid on Table, companion bill(s) passed, see CS/HB 1057 (Ch. 2019-92) [S0974 Detail]
Download: Florida-2019-S0974-Comm_Sub.html
Florida Senate - 2019 CS for CS for SB 974 By the Committees on Appropriations; and Infrastructure and Security; and Senator Perry 576-04163-19 2019974c2 1 A bill to be entitled 2 An act relating to motor vehicles; amending s. 3 316.235, F.S.; authorizing any motor vehicle to be 4 equipped with certain lamps or devices under certain 5 circumstances; amending s. 316.2397, F.S.; authorizing 6 certain vehicles to display red and white lights; 7 amending s. 316.2398, F.S.; authorizing certain 8 vehicles to display red and white warning signals 9 under certain circumstances; providing requirements 10 and penalties; amending s. 319.30, F.S.; authorizing 11 an insurance company to provide an independent entity 12 with a certain release statement authorizing it to 13 release a vehicle to the lienholder; authorizing a 14 certain notice sent by certified mail that a motor 15 vehicle is available for pickup to be sent by another 16 commercially available delivery service that provides 17 proof of delivery; requiring the notice to state that 18 the owner has a specified period during which to pick 19 up the vehicle; authorizing an independent entity to 20 apply for a certificate of destruction or a 21 certificate of title if the vehicle is not claimed 22 within a specified time after the delivery or 23 attempted delivery of the notice; specifying 24 requirements for an independent entity if Department 25 of Highway Safety and Motor Vehicles records do not 26 contain the owner’s address; requiring an independent 27 entity to maintain specified records for a minimum 28 period; requiring an independent entity to provide 29 proof of all lien satisfactions or proof of a release 30 of all liens on a motor vehicle upon applying for a 31 certificate of destruction or salvage certificate of 32 title; requiring an independent entity to provide an 33 affidavit with specified statements if such entity is 34 unable to obtain a lien satisfaction or a release of 35 all liens on the motor vehicle; providing that notice 36 to lienholders and attempts to obtain a release from 37 lienholders may be by certain written request; 38 amending s. 320.03, F.S.; authorizing specified 39 entities that process certain transactions or 40 certificates for derelict or salvage motor vehicles to 41 be authorized electronic filing system agents; 42 deleting obsolete provisions; authorizing the 43 department to adopt rules; amending s. 316.224, F.S.; 44 conforming a cross-reference; providing effective 45 dates. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1. Present subsections (3) through (6) of section 50 316.235, Florida Statutes, are redesignated as subsections (4) 51 through (7), respectively, and a new subsection (3) is added to 52 that section, to read: 53 316.235 Additional lighting equipment.— 54 (3) Any motor vehicle may be equipped with one or more 55 lamps or devices underneath the motor vehicle as long as such 56 lamps or devices do not emit light in violation of s. 57 316.2397(1) or (7) or s. 316.238. 58 Section 2. Subsections (1) and (3) and paragraph (c) of 59 subsection (7) of section 316.2397, Florida Statutes, are 60 amended to read: 61 316.2397 Certain lights prohibited; exceptions.— 62 (1) ANoperson may notshalldrive or move or cause to be 63 moved any vehicle or equipment upon any highway within this 64 state with any lamp or device thereon showing or displaying a 65 red, red and white, or blue light visible from directly in front 66 thereof except for certain vehicleshereinafterprovided in this 67 section. 68 (3) Vehicles of the fire department and fire patrol, 69 including vehicles of volunteer firefighters as permitted under 70 s. 316.2398, may show or display red or red and white lights. 71 Vehicles of medical staff physicians or technicians of medical 72 facilities licensed by the state as authorized under s. 73 316.2398, ambulances as authorized under this chapter, and buses 74 and taxicabs as authorized under s. 316.2399 may show or display 75 red lights. Vehicles of the fire department, fire patrol, police 76 vehicles, and such ambulances and emergency vehicles of 77 municipal and county departments, public service corporations 78 operated by private corporations, the Fish and Wildlife 79 Conservation Commission, the Department of Environmental 80 Protection, the Department of Transportation, the Department of 81 Agriculture and Consumer Services, and the Department of 82 Corrections as are designated or authorized by their respective 83 department or the chief of police of an incorporated city or any 84 sheriff of any county may operate emergency lights and sirens in 85 an emergency. Wreckers, mosquito control fog and spray vehicles, 86 and emergency vehicles of governmental departments or public 87 service corporations may show or display amber lights when in 88 actual operation or when a hazard exists provided they are not 89 used going to and from the scene of operation or hazard without 90 specific authorization of a law enforcement officer or law 91 enforcement agency. Wreckers must use amber rotating or flashing 92 lights while performing recoveries and loading on the roadside 93 day or night, and may use such lights while towing a vehicle on 94 wheel lifts, slings, or under reach if the operator of the 95 wrecker deems such lights necessary. A flatbed, car carrier, or 96 rollback may not use amber rotating or flashing lights when 97 hauling a vehicle on the bed unless it creates a hazard to other 98 motorists because of protruding objects. Further, escort 99 vehicles may show or display amber lights when in the actual 100 process of escorting overdimensioned equipment, material, or 101 buildings as authorized by law. Vehicles owned or leased by 102 private security agencies may show or display green and amber 103 lights, with either color being no greater than 50 percent of 104 the lights displayed, while the security personnel are engaged 105 in security duties on private or public property. 106 (7) Flashing lights are prohibited on vehicles except: 107 (c) For the lamps authorized under subsections (1), (2), 108 (3), (4), and (9), s. 316.2065, or s. 316.235(6)s. 316.235(5)109 which may flash. 110 Section 3. Section 316.2398, Florida Statutes, is amended 111 to read: 112 316.2398 Display or use of red or red and white warning 113 signals; motor vehicles of volunteer firefighters or medical 114 staff.— 115 (1) A privately owned vehicle belonging to an active 116 firefighter member of a regularly organized volunteer 117 firefighting company or association, while en route to the fire 118 station for the purpose of proceeding to the scene of a fire or 119 other emergency or while en route to the scene of a fire or 120 other emergency in the line of duty as an active firefighter 121 member of a regularly organized firefighting company or 122 association, may display or use red or red and white warning 123 signals.orA privately owned vehicle belonging to a medical 124 staff physician or technician of a medical facility licensed by 125 the state, while responding to an emergency in the line of duty, 126 may display or use red warning signals. Warning signals must be 127 visible from the front and from the rear of such vehicle, 128 subject to the following restrictions and conditions: 129 (a) No more than two red or red and white warning signals 130 may be displayed. 131 (b) No inscription of any kind may appear across the face 132 of the lens of the red or red and white warning signal. 133 (c) In order for an active volunteer firefighter to display 134 such red or red and white warning signals on his or her vehicle, 135 the volunteer firefighter must first secure a written permit 136 from the chief executive officers of the firefighting 137 organization to use the red or red and white warning signals, 138 and this permit must be carried by the volunteer firefighter at 139 all times while the red or red and white warning signals are 140 displayed. 141 (2) AIt is unlawful for anyperson who is not an active 142 firefighter member of a regularly organized volunteer 143 firefighting company or association or a physician or technician 144 of the medical staff of a medical facility licensed by the state 145 may nottodisplay on any motor vehicle owned by him or her, at 146 any time, any red or red and white warning signals as described 147 in subsection (1). 148 (3)It is unlawful forAn active volunteer firefighter may 149 nottooperate any red or red and white warning signals as 150 authorized in subsection (1), except while en route to the fire 151 station for the purpose of proceeding to the scene of a fire or 152 other emergency, or while at or en route to the scene of a fire 153 or other emergency, in the line of duty. 154 (4)It is unlawful forA physician or technician of the 155 medical staff of a medical facility may nottooperate any red 156 warning signals as authorized in subsection (1), except when 157 responding to an emergency in the line of duty. 158 (5) A violation of this section is a nonmoving violation, 159 punishable as provided in chapter 318. In addition, aany160 volunteer firefighter who violates this section shall be 161 dismissed from membership in the firefighting organization by 162 the chief executive officers thereof. 163 Section 4. Subsection (9) of section 319.30, Florida 164 Statutes, is amended to read: 165 319.30 Definitions; dismantling, destruction, change of 166 identity of motor vehicle or mobile home; salvage.— 167 (9)(a) An insurance company may notify an independent 168 entity that obtains possession of a damaged or dismantled motor 169 vehicle to release the vehicle to the owner. The insurance 170 company shall provide the independent entity a release statement 171 on a form prescribed by the department authorizing the 172 independent entity to release the vehicle to the owner or 173 lienholder. The form mustshall, at a minimum, contain the 174 following: 175 1. The policy and claim number. 176 2. The name and address of the insured. 177 3. The vehicle identification number. 178 4. The signature of an authorized representative of the 179 insurance company. 180 (b) The independent entity in possession of a motor vehicle 181 must send a notice to the owner that the vehicle is available 182 for pickuppick upwhen it receives a release statement from the 183 insurance company. The notice shall be sent by certified mail or 184 by another commercially available delivery service that provides 185 proof of delivery to the owner at the owner’s address contained 186reflectedin the department’s records. The notice must state 187inform the ownerthat the owner has 30 days after delivery 188receiptof the notice to the owner at the owner’s address to 189 pick up the vehicle from the independent entity. If the motor 190 vehicle is not claimed within 30 days after the delivery or 191 attempted delivery ofthe owner receivesthe notice, the 192 independent entity may apply for a certificate of destruction or 193 a certificate of title. 194 (c) If the department’s records do not contain the owner’s 195 address, the independent entity must do all of the following: 196 1. Send a notice that meets the requirements of paragraph 197 (b) to the owner’s address that is provided by the insurance 198 company in the release statement. 199 2. Identify the latest titling jurisdiction of the vehicle 200 through use of the National Motor Vehicle Title Information 201 System or an equivalent commercially available system and 202 attempt to obtain the owner’s address from that jurisdiction. If 203 the jurisdiction returns an address that is different from the 204 owner’s address provided by the insurance company, the 205 independent entity must send a notice that meets the 206 requirements of paragraph (b) to both addresses. 207 (d) The independent entity shall maintain for a minimum of 208 3 years the records related to the 30-day notice sent to the 209 owner, the results of searches of the National Motor Vehicle 210 Title Information System or an equivalent commercially available 211 system, and the notification to the National Motor Vehicle Title 212 Information System made pursuant to paragraph (e). 213 (e)(c)The independent entity shall make the required 214 notification to the National Motor Vehicle Title Information 215 System before releasing any damaged or dismantled motor vehicle 216 to the owner or before applying for a certificate of destruction 217 or salvage certificate of title. 218 (f)(d)Upon applying for a certificate of destruction or 219 salvage certificate of title, the independent entity shall 220 provide a copy of the release statement from the insurance 221 company to the independent entity, proof of providing the 30-day 222 notice to the owner, proof of notification to the National Motor 223 Vehicle Title Information System, proof of all lien 224 satisfactions or proof of a release of all liens on the motor 225 vehicle, and applicable fees. If the independent entity is 226 unable to obtain a lien satisfaction or a release of all liens 227 on the motor vehicle, the independent entity must provide an 228 affidavit stating that notice was sent to all lienholders that 229 the motor vehicle is available for pickup, 30 days have passed 230 since the notice was delivered or attempted to be delivered 231 pursuant to this section, attempts have been made to obtain a 232 release from all lienholders, and all such attempts have been to 233 no avail. The notice to lienholders and attempts to obtain a 234 release from lienholders may be by written request delivered in 235 person or by certified mail or another commercially available 236 delivery service that provides proof of delivery to the 237 lienholder at the lienholder’s address as provided on the 238 certificate of title and, if the address is different, as 239 designated with the Department of State pursuant to s. 240 655.0201(2). 241 (g)(e)The independent entity may not charge an owner of 242 the vehicle storage fees or apply for a title under s. 713.585 243 or s. 713.78. 244 Section 5. Effective October 1, 2019, subsection (10) of 245 section 320.03, Florida Statutes, is amended to read: 246 320.03 Registration; duties of tax collectors; 247 International Registration Plan.— 248 (10) Jurisdiction over the electronic filing system for use 249 by authorized electronic filing system agents to electronically 250 title or register motor vehicles, vessels, mobile homes, or off 251 highway vehicles; process title transactions, derelict motor 252 vehicle certificates, and certificates of destruction for 253 derelict and salvage motor vehicles pursuant to s. 319.30(2), 254 (3), (7), and (8); issue or transfer registration license plates 255 or decals; electronically transfer fees due for the title and 256 registration process; and perform inquiries for title, 257 registration, and lienholder verification and certification of 258 service providers is expressly preempted to the state, and the 259 department shall have regulatory authority over the system. The 260 electronic filing system shall be available for use statewide 261 and applied uniformly throughout the state. An entity that, in 262 the normal course of its business, sells products that must be 263 titled or registered and that,provides title and registration 264 services on behalf of its consumers and a licensed salvage motor 265 vehicle dealer or motor vehicle auction or insurance company 266 that, pursuant to s. 319.30(2), (3), (7), or (8) and in the 267 normal course of its business, processes title transactions, 268 derelict motor vehicle certificates, or certificates of 269 destruction for derelict or salvage motor vehicles physically 270 located in this state, any of whichandmeets all established 271 requirements, may be an authorized electronic filing system 272 agent and isshallnotbeprecluded from participating in the 273 electronic filing system in any county. Upon request from a 274 qualified entity, the tax collector shall appoint the entity as 275 an authorized electronic filing system agent for that county. 276The department shall adopt rules in accordance with chapter 120277to replace the December 10, 2009, program standards and to278administer the provisions of this section, including, but not279limited to, establishing participation requirements,280certification of service providers, electronic filing system281requirements, and enforcement authority for noncompliance. The282December 10, 2009, program standards, excluding any standards283which conflict with this subsection, shall remain in effect284until the rules are adopted.An authorized electronic filing 285 system agent may charge a fee to the customer for use of the 286 electronic filing system. The department may adopt rules to 287 administer this subsection, including, but not limited to, rules 288 establishing participation requirements, certification of 289 service providers, electronic filing system requirements, 290 disclosures, and enforcement authority for noncompliance. 291 Section 6. Subsection (3) of section 316.224, Florida 292 Statutes, is amended to read: 293 316.224 Color of clearance lamps, identification lamps, 294 side marker lamps, backup lamps, reflectors, and deceleration 295 lights.— 296 (3) All lighting devices and reflectors mounted on the rear 297 of any vehicle shall display or reflect a red color, except the 298 stop light or other signal device, which may be red, amber, or 299 yellow, and except that the light illuminating the license plate 300 shall be white and the light emitted by a backup lamp shall be 301 white or amber. Deceleration lights as authorized by s. 302 316.235(6)s. 316.235(5)shall display an amber color. 303 Section 7. Except as otherwise expressly provided in this 304 act, this act shall take effect July 1, 2019.