Bill Text: FL S7090 | 2019 | Regular Session | Introduced


Bill Title: Department of Highway Safety and Motor Vehicles

Spectrum: Partisan Bill (? 1-0)

Status: (Failed) 2019-05-03 - Died in Appropriations [S7090 Detail]

Download: Florida-2019-S7090-Introduced.html
       Florida Senate - 2019                                    SB 7090
       
       
        
       By the Committee on Infrastructure and Security
       
       
       
       
       
       596-03794-19                                          20197090__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Highway Safety
    3         and Motor Vehicles; amending s. 316.003, F.S.;
    4         defining terms; conforming a cross-reference; amending
    5         s. 316.027, F.S.; deleting the defined term “serious
    6         bodily injury”; requiring community service in a
    7         trauma center or hospital that receives victims of
    8         vehicle crashes; amending s. 316.0271, F.S.; requiring
    9         that, under a yellow dot program, certain critical
   10         medical information be made readily available to
   11         responders in the event of a motor vehicle crash;
   12         authorizing an emergency medical responder at a motor
   13         vehicle crash to search the glove compartment of the
   14         vehicle for a yellow dot folder; amending s. 316.061,
   15         F.S.; prohibiting certain persons from being liable or
   16         at fault regarding the cause of a crash solely by
   17         reason of moving a vehicle; repealing s. 316.0896,
   18         F.S., relating to the assistive truck platooning
   19         technology pilot project; creating s. 316.0897, F.S.;
   20         exempting the operator of a nonlead vehicle in a
   21         platoon from provisions relating to following too
   22         closely; authorizing a platoon to be operated on a
   23         roadway in this state after an operator provides
   24         notification to the Department of Transportation and
   25         the Department of Highway Safety and Motor Vehicles;
   26         amending s. 316.1895, F.S.; authorizing a district
   27         school board by simple majority vote to increase the
   28         time a school zone speed limit is in force under
   29         certain circumstances; amending s. 316.192, F.S.;
   30         deleting the defined term “serious bodily injury”;
   31         amending s. 316.193, F.S.; adding an operator to
   32         persons who may incur serious bodily injury for
   33         purposes of a certain penalty; amending s. 316.1933,
   34         F.S.; adding a driver to persons who may incur serious
   35         bodily injury for purposes of a certain alcohol or
   36         drug test; deleting the defined term “serious bodily
   37         injury”; amending s. 316.194, F.S.; authorizing
   38         traffic crash investigation officers, rather than
   39         traffic accident investigation officers, to move
   40         vehicles; amending s. 316.302, F.S.; revising the
   41         applicability of specified rules and regulations to
   42         certain owners and drivers of commercial motor
   43         vehicles; providing that a person who operates a
   44         commercial motor vehicle solely in intrastate commerce
   45         which does not transport hazardous materials in
   46         amounts that require placarding need not comply with
   47         specified requirements of electronic logging devices
   48         and hours of service supporting documents until a
   49         specified date; removing a limit on civil penalties
   50         for falsification of certain time records; deleting a
   51         requirement that a motor carrier maintain
   52         documentation of driving times under certain
   53         circumstances; revising the conditions under which
   54         persons who operate commercial motor vehicles are
   55         exempt from specified rules and regulations; amending
   56         s. 316.303, F.S.; exempting an operator of a certain
   57         platoon vehicle from the prohibition on the active
   58         display of television or video; amending s. 316.622,
   59         F.S.; requiring that the department provide to the
   60         Department of Business and Professional Regulation a
   61         copy of each crash report involving a farm labor
   62         vehicle; amending s. 316.640, F.S.; authorizing the
   63         Division of the Florida Highway Patrol to employ
   64         traffic crash investigation officers, rather than
   65         traffic accident investigation officers; conforming
   66         provisions to changes made by that act; amending s.
   67         316.655, F.S.; authorizing a driver convicted of
   68         certain violations resulting in a crash, rather than
   69         an accident, to have his or her driving privileges
   70         revoked or suspended by the court; amending s. 316.70,
   71         F.S.; requiring that owners and drivers of certain
   72         nonpublic sector buses be subject to specified rules
   73         and regulations; providing duties for the Department
   74         of Highway Safety and Motor Vehicles, rather than the
   75         Department of Transportation, for such nonpublic
   76         sector buses; authorizing department personnel to
   77         conduct compliance investigations and assess certain
   78         penalties; authorizing motor carriers to be enjoined
   79         under certain circumstances; authorizing certain
   80         officers and agents to require drivers of certain
   81         commercial vehicles to submit to certain inspections
   82         and to either remove the vehicle or driver from
   83         service or provide notice requiring correction under
   84         certain circumstances; amending s. 318.19, F.S.;
   85         revising infractions that require a mandatory hearing;
   86         amending s. 319.001, F.S.; defining terms; creating s.
   87         319.002, F.S.; providing for department administering
   88         and enforcement requirements; providing rulemaking
   89         authority for the department; amending s. 319.141,
   90         F.S.; creating a private rebuilt motor vehicle
   91         inspection program, to replace a pilot rebuilt motor
   92         vehicle inspection program; providing powers and
   93         duties of the department; specifying the purpose of
   94         the program; providing requirements for the program;
   95         providing powers and requirements for private rebuilt
   96         inspection providers; creating s. 319.1411, F.S.;
   97         authorizing the department to monitor and inspect the
   98         operations of private rebuilt inspection providers to
   99         make specified determinations; creating s. 319.142,
  100         F.S.; providing grounds and requirements for
  101         termination of a contract with a private rebuilt
  102         inspection provider; creating s. 319.1414, F.S.;
  103         authorizing the department to investigate and examine
  104         private rebuilt inspection providers under certain
  105         circumstances; providing additional powers related to
  106         such investigations and examinations; requiring a
  107         court to take specified actions under certain
  108         circumstances; providing for witness fees; authorizing
  109         the department to adopt certain rules; amending s.
  110         319.25, F.S.; authorizing the department to conduct
  111         investigations and examinations of certain persons
  112         relating to title certificates; authorizing additional
  113         powers related to such investigations and
  114         examinations; requiring a court to take specified
  115         actions under certain circumstances; providing for
  116         witness fees; authorizing the department to adopt
  117         certain rules; amending s. 319.40, F.S.; authorizing
  118         the department or a tax collector to collect
  119         electronic mail addresses or cellular telephone
  120         numbers and to use them for certain purposes;
  121         providing that electronic mail addresses and cellular
  122         telephone numbers may be provided at the option of the
  123         applicant; requiring the department or a tax collector
  124         to disclose to the applicant the purposes for which
  125         the electronic mail addresses and cellular telephone
  126         numbers may be used; amending s. 320.01, F.S.;
  127         redefining the term “apportionable vehicle”; amending
  128         s. 320.03, F.S.; authorizing the department, under
  129         certain circumstances, to provide tax collectors and
  130         certain agents and vendors with certain real-time
  131         access to data related to vehicle and mobile home
  132         registration certificates, registration license
  133         plates, and validation stickers; providing
  134         requirements for a certain memorandum of
  135         understanding; amending s. 320.06, F.S.; providing for
  136         future repeal of requirements for vehicles that have
  137         apportioned registrations; providing requirements for
  138         certain vehicles that have apportioned registrations
  139         upon implementation of a certain operating system;
  140         requiring that the fee be deposited into the Highway
  141         Safety Operating Trust Fund; authorizing certain
  142         license plates to be replaced at no charge; providing
  143         tax collectors and their agents the option to purchase
  144         validation stickers and paper stock that is used to
  145         produce vehicle registrations from vendors under
  146         certain circumstances; exempting such purchases from
  147         certain competitive bid requirements; requiring the
  148         department to reimburse the tax collectors and their
  149         agents for such purchases, subject to certain
  150         restrictions; requiring the tax collectors and their
  151         agents to invoice the department in arrears for the
  152         validation stickers and vehicle registrations as they
  153         are issued; amending s. 320.0607, F.S.; providing
  154         applicability; amending s. 320.131, F.S.; authorizing
  155         the department to partner with a county tax collector
  156         to conduct a Fleet Vehicle Temporary Tag Pilot Program
  157         for certain purposes; providing program requirements;
  158         providing for future repeal; amending s. 320.27, F.S.;
  159         defining the term “control person”; authorizing the
  160         department to deny a new or renewal application for,
  161         or suspend or revoke, certain dealer licenses under
  162         certain circumstances; authorizing the court to bar a
  163         person from acting as a motor vehicle dealer under
  164         certain circumstances, subject to certain
  165         requirements; amending s. 320.8232, F.S.; requiring
  166         the Mobile and Manufactured Home Repair and Remodeling
  167         Code to be a uniform code; providing specified
  168         standards for provisions of the code; requiring all
  169         repair and remodeling of mobile and manufactured homes
  170         to be done in accordance with department rules;
  171         amending s. 320.861, F.S.; authorizing the department
  172         to conduct investigations and examinations of persons
  173         suspected of violating or of having violated certain
  174         laws, rules, or orders relating to motor vehicle
  175         licenses; providing additional powers related to such
  176         investigations and examinations; requiring a court to
  177         take specified actions under certain circumstances;
  178         providing for witness fees; authorizing the department
  179         to adopt certain rules; amending s. 320.95, F.S.;
  180         authorizing the department or a tax collector to
  181         collect electronic mail addresses or cellular
  182         telephone numbers and to use electronic mail or text
  183         messages for certain purposes; providing that
  184         electronic mail addresses and cellular telephone
  185         numbers may be provided at the option of the
  186         applicant; requiring the department or a tax collector
  187         to disclose to the applicant the purposes for which
  188         the electronic mail addresses and cellular telephone
  189         numbers may be used; amending s. 321.05, F.S.;
  190         authorizing certain patrol officers to investigate
  191         traffic crashes; amending s. 321.065, F.S.;
  192         authorizing the department to employ certain traffic
  193         crash investigation officers; amending s. 321.23,
  194         F.S.; revising certain public records photographs to
  195         include crashes; amending s. 322.051, F.S.; extending
  196         the period after which a renewal application for an
  197         identification card is considered the same as an
  198         original application; amending s. 322.0602, F.S.;
  199         authorizing courts to include a requirement for
  200         supervised visitation under the Youthful Drunk Driver
  201         Visitation Program at trauma centers that regularly
  202         receive victims of vehicle crashes; conforming
  203         provisions to changes made by the act; amending s.
  204         322.08, F.S.; authorizing the department or a tax
  205         collector to collect electronic mail addresses or
  206         cellular telephone numbers and use electronic mail or
  207         text messages for certain purposes; providing that
  208         electronic mail addresses and cellular telephone
  209         numbers may be provided at the option of the
  210         applicant; requiring the department or a tax collector
  211         to disclose to the applicant the purposes for which
  212         the electronic mail addresses and cellular telephone
  213         numbers may be used; amending s. 322.091, F.S.;
  214         requiring that the department make available, upon
  215         request, a report that includes specific information
  216         for students whose driving privileges have been
  217         suspended; amending s. 322.17, F.S.; authorizing
  218         stolen identification cards to be replaced at no
  219         charge under certain circumstances; amending s.
  220         322.21, F.S.; providing for expedited shipping for the
  221         renewal or replacement driver licenses or
  222         identification cards under certain circumstances,
  223         subject to certain requirements; requiring that the
  224         fee be deposited into the Highway Safety Operating
  225         Trust Fund; amending s. 322.212, F.S.; prohibiting a
  226         person from providing altered or counterfeit documents
  227         or participating in dishonest or deceptive actions in
  228         any application for a driver license or identification
  229         card; providing for the suspension of specified
  230         licenses or permits for specified periods under
  231         certain circumstances; providing construction;
  232         amending s. 322.36, F.S.; providing for suspension of
  233         license for loaning a vehicle to a person whose
  234         license is suspended if such vehicle is involved in
  235         certain crashes; amending s. 322.61, F.S.; adding
  236         violations for disqualification from operating a
  237         commercial motor vehicle; creating s. 322.71, F.S.;
  238         authorizing the department to conduct investigations
  239         and examinations of persons suspected of violating or
  240         of having violated certain laws, rules, or orders
  241         relating to motor vehicle licenses; providing
  242         additional powers related to such investigations and
  243         examinations; requiring a court to take specified
  244         actions under certain circumstances; providing for
  245         witness fees; authorizing the department to adopt
  246         certain rules; amending s. 323.001, F.S.; providing
  247         that the requirements for a certain written hold on a
  248         motor vehicle apply when an officer has probable cause
  249         to believe the vehicle was involved in a certain
  250         traffic crash; amending s. 323.002, F.S.; revising the
  251         term “wrecker operator system” to include wrecker
  252         operators removing vehicles from crash scenes under
  253         certain circumstances; requiring that an unauthorized
  254         wrecker operator provide a copy of a certain
  255         disclosure to the owner or operator of a vehicle in
  256         the presence of a law enforcement officer if such
  257         officer is at the scene of a motor vehicle crash;
  258         revising applicability to include vehicles involved in
  259         a crash, rather than an accident; amending s. 324.011,
  260         F.S.; requiring that certain operators of motor
  261         vehicles involved in a crash or convicted of certain
  262         traffic offenses show proof of financial ability to
  263         respond for damages in future crashes; amending s.
  264         324.022, F.S.; requiring that a certain owner or
  265         operator of a motor vehicle establish and maintain the
  266         ability to respond in damages for liability on account
  267         of certain crashes; conforming a provision to changes
  268         made by the act; amending s. 324.023, F.S.; requiring
  269         that a certain owner or operator of a motor vehicle
  270         establish and maintain the ability to respond in
  271         damages for liability on account of certain crashes;
  272         amending s. 324.051, F.S.; authorizing a law
  273         enforcement officer at a criminal trial to testify as
  274         to any statement made to the officer by the person
  275         involved in a crash under certain circumstances;
  276         providing for certain suspensions of license,
  277         registration, and operating privileges after notice of
  278         a certain crash; amending s. 324.242, F.S.; requiring
  279         that the department release a policy number for a
  280         policy covering a vehicle involved in a motor vehicle
  281         crash under certain circumstances; conforming
  282         provisions to changes made by the act; amending s.
  283         328.30, F.S.; authorizing the department to accept
  284         certain applications by electronic or telephonic
  285         means; authorizing the department or a tax collector
  286         to collect electronic mail addresses or cellular
  287         telephone numbers and to use electronic mail or text
  288         messages for certain purposes; providing that
  289         electronic mail addresses and cellular telephone
  290         numbers may be provided at the option of the
  291         applicant; requiring the department or a tax collector
  292         to disclose to the applicant the purposes for which
  293         the electronic mail addresses and cellular telephone
  294         numbers may be used; amending s. 328.40, F.S.;
  295         providing that certain records made or kept by the
  296         department are subject to certain inspection and
  297         copying requirements; amending s. 328.73, F.S.;
  298         requiring the department, under certain circumstances,
  299         to provide tax collectors and certain agents and
  300         vendors with certain real-time access to data related
  301         to registration certificates and vessel numbers and
  302         decals; providing requirements for a certain
  303         memorandum of understanding; amending s. 328.80, F.S.;
  304         authorizing the department to accept certain
  305         applications by electronic or telephonic means;
  306         authorizing the department or a tax collector to
  307         collect electronic mail addresses or cellular
  308         telephone numbers and to use electronic mail or text
  309         messages for certain purposes; providing that
  310         electronic mail addresses and cellular telephone
  311         numbers may be provided at the option of an applicant;
  312         requiring the department or tax collector to disclose
  313         to an applicant the purposes for which the electronic
  314         mail addresses and cellular telephone numbers may be
  315         used; amending s. 627.7415, F.S.; revising the
  316         applicability of certain federal regulations that
  317         commercial motor vehicles are subject to for certain
  318         insurance purposes; amending ss. 316.251, 501.976,
  319         655.960, 856.015, F.S.; conforming cross-references;
  320         providing an effective date.
  321          
  322  Be It Enacted by the Legislature of the State of Florida:
  323  
  324         Section 1. Present subsections (16) through (54) of s.
  325  316.003, Florida Statutes, are redesignated as subsections (17)
  326  through (55), present subsections (55) through (73) of that
  327  section are redesignated as subsections (57) through (75),
  328  present subsections (74) through (101) of that section are
  329  redesignated as subsections (77) through (104), respectively,
  330  new subsections (16), (56), and (76) are added to that section,
  331  and present subsection (59) of that section is amended, to read:
  332         316.003 Definitions.—The following words and phrases, when
  333  used in this chapter, shall have the meanings respectively
  334  ascribed to them in this section, except where the context
  335  otherwise requires:
  336         (16) CRASH.—The operation of a motor vehicle, motorized
  337  scooter, or moped in this state which results in property damage
  338  or the death of or bodily injury, or a complaint of bodily
  339  injury, to any person. The term “crash” includes separation of
  340  the operator or an occupant from a motor vehicle, motorized
  341  scooter, or moped, or a trailer being drawn by a motor vehicle,
  342  while in motion, which results in property damage or the death
  343  of or bodily injury, or a complaint of bodily injury, to any
  344  person. The term “crash” does not include such operation in any
  345  of the following situations:
  346         (a) On private property, if such operation does not result
  347  in death or serious bodily injury, except that the term “crash”
  348  includes such operation on private property when the operator is
  349  suspected of violating s. 316.193.
  350         (b) On a closed course used for commercial or recreational
  351  purposes, such as a commercial driving school or race track,
  352  except that the term “crash” includes such operation on a closed
  353  course when the operator is suspected of violating s. 316.193.
  354         (c) If such property damage, death, bodily injury, or
  355  complaint of bodily injury results from an intentional act of a
  356  law enforcement officer to force a motor vehicle or moped to
  357  stop or reduce speed, such as use of a pursuit termination
  358  device or the precision immobilization technique, except that
  359  the term “crash” includes such operation that results in such
  360  property damage or the death of or bodily injury to, or
  361  complaint of bodily injury to, anyone other than the operator or
  362  occupant of the motor vehicle or moped being forced to stop or
  363  reduce speed or the law enforcement officer.
  364         (d) The death or suffering of a medical episode by the
  365  operator or an occupant of a motor vehicle or moped, if
  366  operation of the motor vehicle or moped did not result in such
  367  death or medical episode and did not result in property damage
  368  or the death of or bodily injury, or complaint of bodily injury,
  369  to any other person.
  370         (56) PLATOON.—A group of no more than two trucks that do
  371  not require placards, either laden or unladen, traveling in a
  372  unified manner using wireless vehicle-to-vehicle communications
  373  that electronically coordinate speeds and following distances of
  374  the trucks.
  375         (61)(59) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
  376  provided in paragraph (84)(b) (81)(b), any privately owned way
  377  or place used for vehicular travel by the owner and those having
  378  express or implied permission from the owner, but not by other
  379  persons.
  380         (76) SERIOUS BODILY INJURY.—An injury to any person which
  381  consists of a physical injury that creates a substantial risk of
  382  death, significant personal disfigurement, or protracted loss or
  383  impairment of the function of any bodily member or organ.
  384         Section 2. Subsections (1) and (4) of section 316.027,
  385  Florida Statutes, are amended to read:
  386         316.027 Crash involving death or personal injuries.—
  387         (1) As used in this section, the term:
  388         (a) “Serious bodily injury” means an injury to a person,
  389  including the driver, which consists of a physical condition
  390  that creates a substantial risk of death, serious personal
  391  disfigurement, or protracted loss or impairment of the function
  392  of a bodily member or organ.
  393         (b) “vulnerable road user” means any of the following:
  394         (a)1. A pedestrian, including a person actually engaged in
  395  work upon a highway, or in work upon utility facilities along a
  396  highway, or engaged in the provision of emergency services
  397  within the right-of-way.;
  398         (b)2. A person operating a bicycle, motorcycle, scooter, or
  399  moped lawfully on the roadway.;
  400         (c)3. A person riding an animal.; or
  401         (d)4. A person lawfully operating on a public right-of-way,
  402  crosswalk, or shoulder of the roadway:
  403         1.a. A farm tractor or similar vehicle designed primarily
  404  for farm use;
  405         2.b. A skateboard, roller skates, or in-line skates;
  406         3.c. A horse-drawn carriage;
  407         4.d. An electric personal assistive mobility device; or
  408         5.e. A wheelchair.
  409         (4)(a) In addition to any other civil, criminal, or
  410  administrative penalty imposed, a person whose commission of a
  411  noncriminal traffic infraction or a violation of this chapter or
  412  s. 1006.66 causes or results in the death of another person may
  413  be required by the court to serve 120 community service hours in
  414  a trauma center or hospital that regularly receives victims of
  415  vehicle crashes accidents, under the supervision of a registered
  416  nurse, an emergency room physician, or an emergency medical
  417  technician pursuant to a voluntary community service program
  418  operated by the trauma center or hospital.
  419         (b) Notwithstanding paragraph (a), in addition to any other
  420  civil, criminal, or administrative penalty imposed, a person
  421  whose commission of a violation of s. 316.172(1)(a) or (b)
  422  causes or results in serious bodily injury to or death of
  423  another person shall be required by the court to:
  424         1. Serve 120 community service hours in a trauma center or
  425  hospital that regularly receives victims of vehicle crashes
  426  accidents, under the supervision of a registered nurse, an
  427  emergency room physician, or an emergency medical technician
  428  pursuant to a voluntary community service program operated by
  429  the trauma center or hospital.
  430         2. Participate in a victim’s impact panel session in a
  431  judicial circuit if such a panel exists, or if such a panel does
  432  not exist, attend a department-approved driver improvement
  433  course relating to the rights of vulnerable road users relative
  434  to vehicles on the roadway as provided in s. 322.0261(2).
  435         Section 3. Subsection (1) and paragraph (a) of subsection
  436  (5) of section 316.0271, Florida Statutes, are amended to read:
  437         316.0271 Yellow dot critical motorist medical information
  438  program; yellow dot decal, folder, and information form.—
  439         (1) The governing body of a county may create a yellow dot
  440  critical motorist medical information program to facilitate the
  441  provision of emergency medical care to program participants by
  442  emergency medical responders by making critical medical
  443  information readily available to responders in the event of a
  444  motor vehicle crash accident or a medical emergency involving a
  445  participant’s vehicle.
  446         (5)(a) If the driver or a passenger of a motor vehicle is
  447  involved in a motor vehicle crash accident or emergency
  448  situation and a yellow dot decal is affixed to the vehicle, an
  449  emergency medical responder at the scene may search the glove
  450  compartment of the vehicle for the corresponding yellow dot
  451  folder.
  452         Section 4. Subsection (3) of section 316.061, Florida
  453  Statutes, is amended to read:
  454         316.061 Crashes involving damage to vehicle or property.—
  455         (3) Employees or authorized agents of the Department of
  456  Transportation, law enforcement with proper jurisdiction, or an
  457  expressway authority created pursuant to chapter 348, in the
  458  exercise, management, control, and maintenance of its highway
  459  system, may undertake the removal from the main traveled way of
  460  roads on its highway system of all vehicles incapacitated as a
  461  result of a motor vehicle crash and of debris caused thereby.
  462  Such removal is applicable when such a motor vehicle crash
  463  results only in damage to a vehicle or other property, and when
  464  such removal can be accomplished safely and will result in the
  465  improved safety or convenience of travel upon the road. The
  466  driver or any other person who has removed a motor vehicle from
  467  the main traveled way of the road as provided in this section
  468  may shall not be considered liable or at fault regarding the
  469  cause of the crash accident solely by reason of moving the
  470  vehicle.
  471         Section 5. Section 316.0896, Florida Statutes, is repealed.
  472         Section 6. Section 316.0897, Florida Statutes, is created
  473  to read:
  474         316.0897 Platoons.—
  475         (1) Section 316.0895 does not apply to the operator of a
  476  nonlead vehicle in a platoon, as defined in s. 316.003.
  477         (2) A platoon may be operated on a roadway in this state
  478  after an operator provides notification to the Department of
  479  Transportation and the Department of Highway Safety and Motor
  480  Vehicles.
  481         Section 7. Subsection (5) of section 316.1895, Florida
  482  Statutes, is amended to read:
  483         316.1895 Establishment of school speed zones, enforcement;
  484  designation.—
  485         (5)(a) A school zone speed limit may not be less than 15
  486  miles per hour except by local regulation. No school zone speed
  487  limit shall be more than 20 miles per hour in an urbanized area,
  488  as defined in s. 334.03. Such speed limit may be in force only
  489  during those times 30 minutes before, during, and 30 minutes
  490  after the periods of time when pupils are arriving at a
  491  regularly scheduled breakfast program or a regularly scheduled
  492  school session and leaving a regularly scheduled school session.
  493         (b) A district school board as defined in s. 1003.01(1) may
  494  by simple majority vote increase the time a school zone speed
  495  limit is in force by an additional 15 minutes before, during,
  496  and an additional 15 minutes after the periods of time when
  497  pupils are arriving at a regularly scheduled breakfast program
  498  or at a regularly scheduled school session and leaving a
  499  regularly scheduled school session.
  500         Section 8. Paragraph (c) of subsection (3) of section
  501  316.192, Florida Statutes, is amended to read:
  502         316.192 Reckless driving.—
  503         (3) Any person:
  504         (c) Who, by reason of such operation, causes:
  505         1. Damage to the property or person of another commits a
  506  misdemeanor of the first degree, punishable as provided in s.
  507  775.082 or s. 775.083.
  508         2. Serious bodily injury to another commits a felony of the
  509  third degree, punishable as provided in s. 775.082, s. 775.083,
  510  or s. 775.084. The term “serious bodily injury” means an injury
  511  to another person, which consists of a physical condition that
  512  creates a substantial risk of death, serious personal
  513  disfigurement, or protracted loss or impairment of the function
  514  of any bodily member or organ.
  515         Section 9. Subsection (3) of section 316.193, Florida
  516  Statutes, is amended to read:
  517         316.193 Driving under the influence; penalties.—
  518         (3) Any person:
  519         (a) Who is in violation of subsection (1);
  520         (b) Who operates a vehicle; and
  521         (c) Who, by reason of such operation, causes or contributes
  522  to causing:
  523         1. Damage to the property or person of another commits a
  524  misdemeanor of the first degree, punishable as provided in s.
  525  775.082 or s. 775.083.
  526         2. Serious bodily injury to another or to himself or
  527  herself, as defined in s. 316.1933, commits a felony of the
  528  third degree, punishable as provided in s. 775.082, s. 775.083,
  529  or s. 775.084.
  530         3. The death of any human being or unborn child commits DUI
  531  manslaughter, and commits:
  532         a. A felony of the second degree, punishable as provided in
  533  s. 775.082, s. 775.083, or s. 775.084.
  534         b. A felony of the first degree, punishable as provided in
  535  s. 775.082, s. 775.083, or s. 775.084, if:
  536         (I) At the time of the crash, the person knew, or should
  537  have known, that the crash occurred; and
  538         (II) The person failed to give information and render aid
  539  as required by s. 316.062.
  540  
  541  For purposes of this subsection, the term “unborn child” has the
  542  same meaning as provided in s. 775.021(5). A person who is
  543  convicted of DUI manslaughter shall be sentenced to a mandatory
  544  minimum term of imprisonment of 4 years.
  545         Section 10. Subsection (1) of section 316.1933, Florida
  546  Statutes, is amended to read
  547         316.1933 Blood test for impairment or intoxication in cases
  548  of death or serious bodily injury; right to use reasonable
  549  force.—
  550         (1)(a) If a law enforcement officer has probable cause to
  551  believe that a motor vehicle driven by or in the actual physical
  552  control of a person under the influence of alcoholic beverages,
  553  any chemical substances, or any controlled substances has caused
  554  the death or serious bodily injury of a human being, including
  555  serious bodily injury of the driver, a law enforcement officer
  556  shall require the person driving or in actual physical control
  557  of the motor vehicle to submit to a test of the person’s blood
  558  for the purpose of determining the alcoholic content thereof or
  559  the presence of chemical substances as set forth in s. 877.111
  560  or any substance controlled under chapter 893. The law
  561  enforcement officer may use reasonable force if necessary to
  562  require such person to submit to the administration of the blood
  563  test. The blood test shall be performed in a reasonable manner.
  564  Notwithstanding s. 316.1932, the testing required by this
  565  paragraph need not be incidental to a lawful arrest of the
  566  person.
  567         (b) The term “serious bodily injury” means an injury to any
  568  person, including the driver, which consists of a physical
  569  condition that creates a substantial risk of death, serious
  570  personal disfigurement, or protracted loss or impairment of the
  571  function of any bodily member or organ.
  572         Section 11. Paragraphs (a) and (b) of subsection (3) of
  573  section 316.194, Florida Statutes, are amended to read:
  574         316.194 Stopping, standing or parking outside of
  575  municipalities.—
  576         (3)(a) Whenever any police officer or traffic crash
  577  accident investigation officer finds a vehicle standing upon a
  578  highway in violation of any of the foregoing provisions of this
  579  section, the officer is authorized to move the vehicle, or
  580  require the driver or other persons in charge of the vehicle to
  581  move the vehicle, to a position off the paved or main-traveled
  582  part of the highway.
  583         (b) Officers and traffic crash accident investigation
  584  officers may provide for the removal of any abandoned vehicle to
  585  the nearest garage or other place of safety, cost of such
  586  removal to be a lien against motor vehicle, when an abandoned
  587  vehicle is found unattended upon a bridge or causeway or in any
  588  tunnel, or on any public highway in the following instances:
  589         1. Where such vehicle constitutes an obstruction of
  590  traffic;
  591         2. Where such vehicle has been parked or stored on the
  592  public right-of-way for a period exceeding 48 hours, in other
  593  than designated parking areas, and is within 30 feet of the
  594  pavement edge; and
  595         3. Where an operative vehicle has been parked or stored on
  596  the public right-of-way for a period exceeding 10 days, in other
  597  than designated parking areas, and is more than 30 feet from the
  598  pavement edge. However, the agency removing such vehicle shall
  599  be required to report same to the Department of Highway Safety
  600  and Motor Vehicles within 24 hours of such removal.
  601         Section 12. Subsections (1) and (2) of section 316.302,
  602  Florida Statutes, are amended to read:
  603         316.302 Commercial motor vehicles; safety regulations;
  604  transporters and shippers of hazardous materials; enforcement.—
  605         (1)(a) All owners and drivers of commercial motor vehicles
  606  that are operated on the public highways of this state while
  607  engaged in interstate commerce are subject to the rules and
  608  regulations contained in 49 C.F.R. parts 382, 383, 385, 386 and
  609  390-397.
  610         (b) Except as otherwise provided in this section, all
  611  owners or drivers of commercial motor vehicles that are engaged
  612  in intrastate commerce are subject to the rules and regulations
  613  contained in 49 C.F.R. parts 382, 383, 385, 386, and 390-397,
  614  with the exception of 49 C.F.R. s. 390.5 as it relates to the
  615  definition of bus, as such rules and regulations existed on
  616  December 31, 2018 2012.
  617         (c) The emergency exceptions provided by 49 C.F.R. s.
  618  392.82 also apply to communications by utility drivers and
  619  utility contractor drivers during a Level 1 activation of the
  620  State Emergency Operations Center, as provided in the Florida
  621  Comprehensive Emergency Management plan, or during a state of
  622  emergency declared by executive order or proclamation of the
  623  Governor.
  624         (d) Except as provided in s. 316.215(5), and except as
  625  provided in s. 316.228 for rear overhang lighting and flagging
  626  requirements for intrastate operations, the requirements of this
  627  section supersede all other safety requirements of this chapter
  628  for commercial motor vehicles.
  629         (e) A person who operates a commercial motor vehicle solely
  630  in intrastate commerce which does not transport hazardous
  631  materials in amounts that require placarding pursuant to 49
  632  C.F.R. part 172 need not comply with the requirements of
  633  electronic logging devices and hours of service supporting
  634  documents as provided in 49 C.F.R. parts 385, 386, 390, and 395
  635  until December 31, 2019.
  636         (2)(a) A person who operates a commercial motor vehicle
  637  solely in intrastate commerce not transporting any hazardous
  638  material in amounts that require placarding pursuant to 49
  639  C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1)
  640  and 395.3(a) and (b).
  641         (b) Except as provided in 49 C.F.R. s. 395.1, a person who
  642  operates a commercial motor vehicle solely in intrastate
  643  commerce not transporting any hazardous material in amounts that
  644  require placarding pursuant to 49 C.F.R. part 172 may not drive:
  645         1. More than 12 hours following 10 consecutive hours off
  646  duty; or
  647         2. For any period after the end of the 16th hour after
  648  coming on duty following 10 consecutive hours off duty.
  649  
  650  The provisions of this paragraph do not apply to drivers of
  651  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  652         (c) Except as provided in 49 C.F.R. s. 395.1, a person who
  653  operates a commercial motor vehicle solely in intrastate
  654  commerce not transporting any hazardous material in amounts that
  655  require placarding pursuant to 49 C.F.R. part 172 may not drive
  656  after having been on duty more than 70 hours in any period of 7
  657  consecutive days or more than 80 hours in any period of 8
  658  consecutive days if the motor carrier operates every day of the
  659  week. Thirty-four consecutive hours off duty shall constitute
  660  the end of any such period of 7 or 8 consecutive days. This
  661  weekly limit does not apply to a person who operates a
  662  commercial motor vehicle solely within this state while
  663  transporting, during harvest periods, any unprocessed
  664  agricultural products or unprocessed food or fiber that is
  665  subject to seasonal harvesting from place of harvest to the
  666  first place of processing or storage or from place of harvest
  667  directly to market or while transporting livestock, livestock
  668  feed, or farm supplies directly related to growing or harvesting
  669  agricultural products. Upon request of the Department of Highway
  670  Safety and Motor Vehicles, motor carriers shall furnish time
  671  records or other written verification to that department so that
  672  the Department of Highway Safety and Motor Vehicles can
  673  determine compliance with this subsection. These time records
  674  must be furnished to the Department of Highway Safety and Motor
  675  Vehicles within 2 days after receipt of that department’s
  676  request. Falsification of such information is subject to a civil
  677  penalty not to exceed $100. The provisions of This paragraph
  678  does do not apply to operators of farm labor vehicles operated
  679  during a state of emergency declared by the Governor or operated
  680  pursuant to s. 570.07(21) or, and do not apply to drivers of
  681  utility service vehicles as defined in 49 C.F.R. s. 395.2.
  682         (d) A person who operates a commercial motor vehicle solely
  683  in intrastate commerce not transporting any hazardous material
  684  in amounts that require placarding pursuant to 49 C.F.R. part
  685  172 within a 150 air-mile radius of the location where the
  686  vehicle is based need not comply with 49 C.F.R. s. 395.8, if the
  687  requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C),
  688  and (v) are met. If a driver is not released from duty within 12
  689  hours after the driver arrives for duty, the motor carrier must
  690  maintain documentation of the driver’s driving times throughout
  691  the duty period.
  692         (e) A person who operates a commercial motor vehicle solely
  693  in intrastate commerce is exempt from subsection (1) while
  694  transporting agricultural products, including horticultural or
  695  forestry products, from farm or harvest place to the first place
  696  of processing or storage, or from farm or harvest place directly
  697  to market. However, such person must comply with 49 C.F.R. parts
  698  382, 392, and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  699  A vehicle or combination of vehicles operated pursuant to this
  700  paragraph having a gross vehicle weight of 26,001 pounds or more
  701  or having three or more axles on the power unit, regardless of
  702  weight, must display the name of the vehicle owner or motor
  703  carrier and the municipality or town where the vehicle is based
  704  on each side of the power unit in letters that contrast with the
  705  background and that are readable from a distance of 50 feet. A
  706  person who violates this vehicle identification requirement may
  707  be assessed a penalty as provided in s. 316.3025(3)(a).
  708         (f) A person who operates a commercial motor vehicle having
  709  a declared gross vehicle weight, gross vehicle weight rating,
  710  and gross combined weight rating of less than 26,001 pounds
  711  solely in intrastate commerce and who is not transporting
  712  hazardous materials in amounts that require placarding pursuant
  713  to 49 C.F.R. part 172, or who is transporting petroleum products
  714  as defined in s. 376.301, is exempt from subsection (1).
  715  However, such person must comply with 49 C.F.R. parts 382, 392,
  716  and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
  717         (g) A person whose driving record shows no convictions for
  718  the preceding 3 years and who, as of October 1, 1988, is
  719  employed as a driver-salesperson, as defined in 49 C.F.R. s.
  720  395.2, and who operates solely in intrastate commerce, is exempt
  721  from 49 C.F.R. part 391.
  722         (h) A person who is an employee of an electric utility, as
  723  defined in s. 361.11, or a telephone company, as defined in s.
  724  364.02, and who operates a commercial motor vehicle solely in
  725  intrastate commerce and within a 200 air-mile radius of the
  726  location where the vehicle is based, is exempt from 49 C.F.R.
  727  ss. 396.11 and 396.13 and 49 C.F.R. part 391, subparts D and E.
  728         (i) A person whose driving record shows no traffic
  729  convictions, pursuant to s. 322.61, during the 2-year period
  730  immediately preceding the application for the commercial driver
  731  license, who is otherwise qualified as a driver under 49 C.F.R.
  732  part 391, and who operates a commercial vehicle in intrastate
  733  commerce only shall be exempt from the requirements of 49 C.F.R.
  734  part 391, subpart E, s. 391.41(b)(10). However, such operators
  735  are still subject to the requirements of ss. 322.12 and 322.121.
  736  As proof of eligibility, such driver shall have in his or her
  737  possession a physical examination form dated within the past 24
  738  months.
  739         (j) A person who is otherwise qualified as a driver under
  740  49 C.F.R. part 391, who operates a commercial motor vehicle in
  741  intrastate commerce only, and who does not transport hazardous
  742  materials in amounts that require placarding pursuant to 49
  743  C.F.R. part 172, is exempt from the requirements of 49 C.F.R.
  744  part 391, subpart E, ss. 391.41(b)(3) and 391.43(e), relating to
  745  diabetes.
  746         (j)(k) A person holding a commercial driver license who is
  747  a regularly employed driver of a commercial motor vehicle and is
  748  subject to an alcohol and controlled substance testing program
  749  related to that employment shall not be required to be part of a
  750  separate testing program for operating any bus owned and
  751  operated by a church when the driver does not receive any form
  752  of compensation for operating the bus and when the bus is used
  753  to transport people to or from church-related activities at no
  754  charge. The provisions of this paragraph may not be implemented
  755  if the Federal Government notifies the department that
  756  implementation will adversely affect the allocation of federal
  757  funds to the state.
  758         Section 13. Subsection (3) of section 316.303, Florida
  759  Statutes, is amended to read:
  760         316.303 Television receivers.—
  761         (3) This section does not prohibit the use of an electronic
  762  display used in conjunction with a vehicle navigation system; an
  763  electronic display used by an operator of a vehicle equipped
  764  with autonomous technology, as defined in s. 316.003(3); or an
  765  electronic display used by an operator of a platoon vehicle
  766  equipped and operating with driver-assistive truck platooning
  767  technology, as defined in s. 316.003.
  768         Section 14. Subsection (8) of section 316.622, Florida
  769  Statutes, is amended to read:
  770         316.622 Farm labor vehicles.—
  771         (8) The department shall provide to the Department of
  772  Business and Professional Regulation each quarter a copy of each
  773  crash accident report involving a farm labor vehicle.
  774         Section 15. Paragraph (a) of subsection (1) of section
  775  316.640, Florida Statutes, is amended to read:
  776         316.640 Enforcement.—The enforcement of the traffic laws of
  777  this state is vested as follows:
  778         (1) STATE.—
  779         (a)1.a. The Division of Florida Highway Patrol of the
  780  Department of Highway Safety and Motor Vehicles; the Division of
  781  Law Enforcement of the Fish and Wildlife Conservation
  782  Commission; and the agents, inspectors, and officers of the
  783  Department of Law Enforcement each have authority to enforce all
  784  of the traffic laws of this state on all the streets and
  785  highways thereof and elsewhere throughout the state wherever the
  786  public has a right to travel by motor vehicle.
  787         b. University police officers may enforce all of the
  788  traffic laws of this state when violations occur on or within
  789  1,000 feet of any property or facilities that are under the
  790  guidance, supervision, regulation, or control of a state
  791  university, a direct-support organization of such state
  792  university, or any other organization controlled by the state
  793  university or a direct-support organization of the state
  794  university, or when such violations occur within a specified
  795  jurisdictional area as agreed upon in a mutual aid agreement
  796  entered into with a law enforcement agency pursuant to s.
  797  23.1225(1). Traffic laws may also be enforced off-campus when
  798  hot pursuit originates on or within 1,000 feet of any such
  799  property or facilities, or as agreed upon in accordance with the
  800  mutual aid agreement.
  801         c. Florida College System institution police officers may
  802  enforce all the traffic laws of this state only when such
  803  violations occur on or within 1,000 feet of any property or
  804  facilities that are under the guidance, supervision, regulation,
  805  or control of the Florida College System institution, or when
  806  such violations occur within a specified jurisdictional area as
  807  agreed upon in a mutual aid agreement entered into with a law
  808  enforcement agency pursuant to s. 23.1225. Traffic laws may also
  809  be enforced off-campus when hot pursuit originates on or within
  810  1,000 feet of any such property or facilities, or as agreed upon
  811  in accordance with the mutual aid agreement.
  812         d. Police officers employed by an airport authority may
  813  enforce all of the traffic laws of this state only when such
  814  violations occur on any property or facilities that are owned or
  815  operated by an airport authority.
  816         (I) An airport authority may employ as a parking
  817  enforcement specialist any individual who successfully completes
  818  a training program established and approved by the Criminal
  819  Justice Standards and Training Commission for parking
  820  enforcement specialists but who does not otherwise meet the
  821  uniform minimum standards established by the commission for law
  822  enforcement officers or auxiliary or part-time officers under s.
  823  943.12. This sub-sub-subparagraph may not be construed to permit
  824  the carrying of firearms or other weapons, nor shall such
  825  parking enforcement specialist have arrest authority.
  826         (II) A parking enforcement specialist employed by an
  827  airport authority may enforce all state, county, and municipal
  828  laws and ordinances governing parking only when such violations
  829  are on property or facilities owned or operated by the airport
  830  authority employing the specialist, by appropriate state,
  831  county, or municipal traffic citation.
  832         e. The Office of Agricultural Law Enforcement of the
  833  Department of Agriculture and Consumer Services may enforce
  834  traffic laws of this state.
  835         f. School safety officers may enforce all of the traffic
  836  laws of this state when such violations occur on or about any
  837  property or facilities that are under the guidance, supervision,
  838  regulation, or control of the district school board.
  839         2. Any disciplinary action taken or performance evaluation
  840  conducted by an agency of the state as described in subparagraph
  841  1. of a law enforcement officer’s traffic enforcement activity
  842  must be in accordance with written work-performance standards.
  843  Such standards must be approved by the agency and any collective
  844  bargaining unit representing such law enforcement officer. A
  845  violation of this subparagraph is not subject to the penalties
  846  provided in chapter 318.
  847         3. The Division of the Florida Highway Patrol may employ as
  848  a traffic crash accident investigation officer any individual
  849  who successfully completes instruction in traffic crash accident
  850  investigation and court presentation through the Selective
  851  Traffic Enforcement Program as approved by the Criminal Justice
  852  Standards and Training Commission and funded through the
  853  National Highway Traffic Safety Administration or a similar
  854  program approved by the commission, but who does not necessarily
  855  meet the uniform minimum standards established by the commission
  856  for law enforcement officers or auxiliary law enforcement
  857  officers under chapter 943. Any such traffic crash accident
  858  investigation officer who makes an investigation at the scene of
  859  a traffic crash accident may issue traffic citations, based upon
  860  personal investigation, when he or she has reasonable and
  861  probable grounds to believe that a person who was involved in
  862  the crash accident committed an offense under this chapter,
  863  chapter 319, chapter 320, or chapter 322 in connection with the
  864  crash accident. This subparagraph does not permit the officer to
  865  carry firearms or other weapons, and such an officer does not
  866  have authority to make arrests.
  867         Section 16. Subsection (2) of section 316.655, Florida
  868  Statutes, is amended to read:
  869         316.655 Penalties.—
  870         (2) A driver convicted of a violation of any offense
  871  prohibited by this chapter or any other law of this state
  872  regulating motor vehicles, which resulted in a crash an
  873  accident, may have his or her driving privileges revoked or
  874  suspended by the court if the court finds such revocation or
  875  suspension warranted by the totality of the circumstances
  876  resulting in the conviction and the need to provide for the
  877  maximum safety for all persons who travel on or who are
  878  otherwise affected by the use of the highways of the state. In
  879  determining whether suspension or revocation is appropriate, the
  880  court shall consider all pertinent factors, including, but not
  881  limited to, such factors as the extent and nature of the
  882  driver’s violation of this chapter, the number of persons killed
  883  or injured as the result of the driver’s violation of this
  884  chapter, and the extent of any property damage resulting from
  885  the driver’s violation of this chapter.
  886         Section 17. Section 316.70, Florida Statutes, is amended to
  887  read:
  888         316.70 Nonpublic sector buses; safety rules.—
  889         (1) All owners and drivers of nonpublic sector buses
  890  operated on the public highways of this state are subject to the
  891  rules and regulations The Department of Transportation shall
  892  establish and revise standards to ensure the safe operation of
  893  nonpublic sector buses, which standards shall be those contained
  894  in 49 C.F.R. parts 382, 383, 385, 386, 387 and 390-397. The
  895  department and which shall be directed toward ensuring that:
  896         (a) Nonpublic sector buses are safely maintained, equipped,
  897  and operated.
  898         (b) Nonpublic sector buses are carrying the insurance
  899  required by law and carrying liability insurance on the checked
  900  baggage of passengers not to exceed the standard adopted by the
  901  United States Department of Transportation.
  902         (b)(c) Florida license tags are purchased for nonpublic
  903  sector buses pursuant to s. 320.38.
  904         (d) The driving records of drivers of nonpublic sector
  905  buses are checked by their employers at least once each year to
  906  ascertain whether the driver has a suspended or revoked driver
  907  license.
  908         (2) Department of Transportation personnel may conduct
  909  compliance investigations reviews for the purpose of determining
  910  compliance with this section. A civil penalty not to exceed
  911  $5,000 in the aggregate may be assessed against any person who
  912  violates any provision of this section or who violates any
  913  department rule or order of the Department of Transportation. A
  914  civil penalty not to exceed $25,000 in the aggregate may be
  915  assessed for violations found in a followup compliance
  916  investigation review conducted within a 24-month period. A civil
  917  penalty not to exceed $25,000 in the aggregate may be assessed
  918  and the motor carrier may be enjoined pursuant to s. 316.3026 if
  919  violations are found after a second followup compliance review
  920  within 12 months after the first followup compliance review.
  921  Motor carriers may be enjoined pursuant to s. 316.3026 for
  922  violations identified during a compliance investigation or motor
  923  carriers found to be operating without insurance coverage
  924  required by s. 627.742 or 49 C.F.R. part 387 may be enjoined as
  925  provided in s. 316.3026.
  926         (3) For the purpose of enforcing this section, any law
  927  enforcement officer of the department or duly appointed agent
  928  who holds a current safety inspector certification from the
  929  Commercial Vehicle Safety Alliance may require the driver of any
  930  commercial vehicle operated on the highways of this state to
  931  stop and submit to an inspection of the vehicle or the driver’s
  932  records. If the vehicle or driver is operating in an unsafe
  933  condition, or if any required part or equipment is not present
  934  or is not in proper repair or adjustment, and the continued
  935  operation would be unduly hazardous, the officer may require the
  936  vehicle or the driver to be removed from service pursuant to the
  937  North American Standard Out-of-Service Criteria, until the
  938  safety concerns are corrected. However, if continuous operation
  939  would not be unduly hazardous, the officer may give written
  940  notice requiring correction of the condition within 15 days.
  941         (4)(3) School buses subject to the provisions of chapter
  942  1006 or s. 316.615 are exempt from the provisions of this
  943  section.
  944         Section 18. Section 318.19, Florida Statutes, is amended to
  945  read:
  946         318.19 Infractions requiring a mandatory hearing.
  947  Subsections 318.14(2), (4), and (9) do not apply to any person
  948  cited for an infraction identified in the infractions listed in
  949  this section and he or she shall not have the provisions of s.
  950  318.14(2), (4), and (9) available to him or her but must appear
  951  before the designated official at the time and location of the
  952  scheduled hearing for:
  953         (1) Any infraction that which results in a crash that
  954  causes the death of another;
  955         (2) Any infraction that which results in a crash that
  956  causes serious bodily injury, as defined in s. 316.003, of
  957  another or of the person cited for the infraction as defined in
  958  s. 316.1933(1);
  959         (3) Any infraction of s. 316.172(1)(b);
  960         (4) Any infraction of s. 316.520(1) or (2); or
  961         (5) Any infraction of s. 316.183(2), s. 316.187, or s.
  962  316.189 of exceeding the speed limit by 30 mph or more.
  963         Section 19. Section 319.001, Florida Statutes, is amended
  964  to read:
  965         319.001 Definitions.—As used in this chapter, the term:
  966         (1) “Certificate of title” means the record that is
  967  evidence of ownership of a vehicle, whether a paper certificate
  968  authorized by the department or a certificate consisting of
  969  information that is stored in an electronic form in the
  970  department’s database.
  971         (2)“Conflict” or “conflict of interest” means a situation
  972  in which a private interest could benefit from or interfere with
  973  official duties or a public interest, including, but not limited
  974  to, having a direct or indirect financial interest in a vehicle
  975  being inspected pursuant to s. 319.141; or being employed by, or
  976  directly or indirectly having an ownership interest in, an
  977  entity that has a financial interest in a vehicle being
  978  inspected pursuant to s. 319.141.
  979         (3)(2) “Department” means the Department of Highway Safety
  980  and Motor Vehicles.
  981         (4)(3) “Front-end assembly” means fenders, hood, grill, and
  982  bumper.
  983         (5)(4) “Licensed dealer,” unless otherwise specifically
  984  provided, means a motor vehicle dealer licensed under s. 320.27,
  985  a mobile home dealer licensed under s. 320.77, or a recreational
  986  vehicle dealer licensed under s. 320.771.
  987         (6)(5) “Motorcycle body assembly” means frame, fenders, and
  988  gas tanks.
  989         (7)(6) “Motorcycle engine” means cylinder block, heads,
  990  engine case, and crank case.
  991         (8)(7) “Motorcycle transmission” means drive train.
  992         (9)(8) “New mobile home” means a mobile home the equitable
  993  or legal title to which has never been transferred by a
  994  manufacturer, distributor, importer, or dealer to an ultimate
  995  purchaser.
  996         (10)(9) “New motor vehicle” means a motor vehicle the
  997  equitable or legal title to which has never been transferred by
  998  a manufacturer, distributor, importer, or dealer to an ultimate
  999  purchaser; however, when legal title is not transferred but
 1000  possession of a motor vehicle is transferred pursuant to a
 1001  conditional sales contract or lease and the conditions are not
 1002  satisfied and the vehicle is returned to the motor vehicle
 1003  dealer, the motor vehicle may be resold by the motor vehicle
 1004  dealer as a new motor vehicle, provided the selling motor
 1005  vehicle dealer gives the following written notice to the
 1006  purchaser: “THIS VEHICLE WAS DELIVERED TO A PREVIOUS PURCHASER.”
 1007  The purchaser shall sign an acknowledgment, a copy of which is
 1008  kept in the selling dealer’s file.
 1009         (11) “Private rebuilt inspection provider” means a person
 1010  or an entity conducting rebuilt motor vehicle inspections who is
 1011  physically located in this state and is authorized by the
 1012  department and operating under this chapter.
 1013         (12)(10) “Rear body section” means both quarter panels,
 1014  decklid, bumper, and floor pan.
 1015         (13) “Rebuilt courier service” means an individual or
 1016  entity who provides services to vehicle owners or motor vehicle
 1017  dealers who use the inspection services of a private rebuilt
 1018  inspection provider. These services include, but are not limited
 1019  to, preparing, compiling, or providing forms, applications,
 1020  certificates of title, or other documentation required to
 1021  conduct a rebuilt inspection, or engaging in or arranging for
 1022  the transportation of vehicles for inspection.
 1023         (14) “Rebuilt inspection” means an examination of a rebuilt
 1024  vehicle and the required documentation. Required documentation
 1025  includes, but is not limited to: a properly endorsed certificate
 1026  of title, salvage certificate of title, or manufacturer’s
 1027  statement of origin; an application for a rebuilt branded
 1028  certificate of title; a rebuilder’s affidavit; a photograph of
 1029  the junk or salvage vehicle taken before repairs began; receipts
 1030  or invoices for all major component parts, as defined in s.
 1031  319.30; repairs conducted; and proof that notice of rebuilding
 1032  of the vehicle has been reported to the National Motor Vehicle
 1033  Title Information System. If an airbag or airbags were deployed,
 1034  before and after photos must be provided which clearly show the
 1035  deployed airbags and that the airbags have been replaced.
 1036         (15)(11) “Satisfaction of lien” means full payment of a
 1037  debt or release of a debtor from a lien by the lienholder.
 1038         (16)(12) “Used motor vehicle” means any motor vehicle that
 1039  is not a “new motor vehicle” as defined in this section
 1040  subsection (9).
 1041         Section 20. Section 319.002, Florida Statutes, is created
 1042  to read:
 1043         319.002 Rulemaking authority.—The department shall
 1044  administer and provide for the enforcement of this chapter. The
 1045  department may adopt rules pursuant to ss. 120.536(1) and 120.54
 1046  to implement this chapter, including rules and forms governing
 1047  reports. The department also has nonexclusive power to define by
 1048  rule any term, regardless of whether that term is used in this
 1049  chapter, provided that the definition is not inconsistent with
 1050  this chapter.
 1051         Section 21. Section 319.141, Florida Statutes, is amended
 1052  to read:
 1053         319.141 Private Pilot rebuilt motor vehicle inspection
 1054  program.—
 1055         (1) The department may authorize private rebuilt inspection
 1056  providers under the terms of this section. The purpose of the
 1057  private rebuilt motor vehicle inspection program is to prevent
 1058  the use of stolen parts in the rebuilding process, identify and
 1059  recover stolen vehicles, require the installation of nonrecalled
 1060  airbags in rebuilt vehicles, and assist law enforcement with the
 1061  investigation of vehicle theft and related fraud. The department
 1062  may monitor and investigate private rebuilt inspection providers
 1063  and rebuilt courier services to ensure compliance with this
 1064  chapter. The department may examine all records pertaining to
 1065  any inspection or related service performed under the program.
 1066         (1) As used in this section, the term:
 1067         (a) “Facility” means a rebuilt motor vehicle inspection
 1068  facility authorized and operating under this section.
 1069         (b) “Rebuilt inspection services” means an examination of a
 1070  rebuilt vehicle and a properly endorsed certificate of title,
 1071  salvage certificate of title, or manufacturer’s statement of
 1072  origin and an application for a rebuilt certificate of title, a
 1073  rebuilder’s affidavit, a photograph of the junk or salvage
 1074  vehicle taken before repairs began, receipts or invoices for all
 1075  major component parts, as defined in s. 319.30, and repairs
 1076  which were changed, and proof that notice of rebuilding of the
 1077  vehicle has been reported to the National Motor Vehicle Title
 1078  Information System.
 1079         (2) By July 1, 2015, the department shall oversee a pilot
 1080  program in Miami-Dade County to evaluate alternatives for
 1081  rebuilt inspection services offered by existing private sector
 1082  operators, including the continued use of private facilities,
 1083  the cost impact to consumers, and the potential savings to the
 1084  department.
 1085         (2) A person or an entity, other than the department, may
 1086  not conduct rebuilt inspection services unless authorized to do
 1087  so by the department pursuant to this chapter.
 1088         (3) A person or an entity may not provide rebuilt courier
 1089  services in this state or from locations outside of this state
 1090  unless it has a valid, nonexclusive contract with each
 1091  department-authorized private rebuilt inspection provider with
 1092  which the rebuilt courier service conducts business. Such
 1093  contract must require the rebuilt courier service to comply with
 1094  state law and department procedures; provide proof of and agree
 1095  to maintain garage liability insurance in the amount of at least
 1096  $100,000; and comply with any other requirement established by
 1097  the department which is designed to protect the public, the
 1098  department, or the private rebuilt inspection provider from
 1099  illegal or disruptive conduct.
 1100         (3) The department shall establish a memorandum of
 1101  understanding that allows private parties participating in the
 1102  pilot program to conduct rebuilt motor vehicle inspections and
 1103  specifies requirements for oversight, bonding and insurance,
 1104  procedures, and forms and requires the electronic transmission
 1105  of documents.
 1106         (4) The department shall authorize private rebuilt
 1107  inspection providers who meet the requirements of this chapter.
 1108         (5)(4) Before authorization is granted to a private rebuilt
 1109  inspection provider an applicant is approved, the department
 1110  shall ensure that the private rebuilt inspection provider meets
 1111  applicant meets basic criteria designed to protect the public.
 1112  At a minimum, the applicant shall meet all of the following
 1113  requirements:
 1114         (a) Has submitted a request for authorization to the
 1115  department along with all required documentation.
 1116         (b) Has passed a physical location inspection conducted by
 1117  the department to ensure that the private rebuilt inspection
 1118  provider is operating in accordance with the requirements of
 1119  this section and in a location where no other business is
 1120  operating, attached, connected, or joined by a common address,
 1121  even if such location is recognized by the United States Postal
 1122  Service as a separate address. The location must have permanent
 1123  signage with posted business hours; a rebuilt inspection area
 1124  separate and visually obstructed from any area accessible to a
 1125  customer; and a surveillance camera with recording capabilities
 1126  for the rebuilt inspection area.
 1127         (c)(a)Has provided evidence of a good and sufficient Have
 1128  and maintain a surety bond or irrevocable letter of credit in
 1129  the amount of $100,000 executed by the private rebuilt
 1130  inspection provider which covers all activities under the
 1131  private rebuilt motor vehicle inspection program and names the
 1132  department as an insured. Such surety bonds and letters of
 1133  credit must be executed by a surety company authorized to do
 1134  business in this state as a surety, and irrevocable letters of
 1135  credit must be issued by a bank authorized to do business in
 1136  this state as a bank. Surety bonds and letters of credit must be
 1137  in favor of the department and must be for 1 year applicant.
 1138         (d)(b)Has identified and provided a lease or proof of
 1139  ownership of a proposed location that must be open to the public
 1140  Secure and maintain a facility at a permanent structure at an
 1141  address recognized by the United States Postal Service where the
 1142  only services provided on such property are rebuilt inspection
 1143  services. The location must be large enough to accommodate all
 1144  of the vehicles being inspected and must have sufficient space
 1145  to maintain physical security of all required inspection records
 1146  The operator of a facility shall annually attest that he or she
 1147  is not employed by or does not have an ownership interest in or
 1148  other financial arrangement with the owner, operator, manager,
 1149  or employee of a motor vehicle repair shop as defined in s.
 1150  559.903, a motor vehicle dealer as defined in s. 320.27(1)(c), a
 1151  towing company, a vehicle storage company, a vehicle auction, an
 1152  insurance company, a salvage yard, a metal retailer, or a metal
 1153  rebuilder, from which he or she receives remuneration, directly
 1154  or indirectly, for the referral of customers for rebuilt
 1155  inspection services.
 1156         (e) Has ensured that each owner, partner, and corporate
 1157  officer of the provider has provided an attestation
 1158  acknowledging he or she is deemed to be engaging in activities
 1159  that are in the public interest and are free of conflicts of
 1160  interest.
 1161         (f)(c)Has provided evidence of garage liability insurance
 1162  coverage with at least $100,000 single-limit liability coverage,
 1163  including bodily injury and property damage protection, and
 1164  $10,000 personal injury protection Have and maintain garage
 1165  liability and other insurance required by the department.
 1166         (g)(d)Has provided a criminal background check on all Have
 1167  completed criminal background checks of the owners, partners,
 1168  and corporate officers which demonstrates that they have not
 1169  been convicted of a felony, pled guilty to a felony, pled nolo
 1170  contendere to a felony, or been incarcerated for a felony
 1171  involving fraud, theft, or dishonest dealing within the last 10
 1172  years and the inspectors employed by the facility.
 1173         (h) Has provided evidence of authorization to conduct
 1174  business in the state from the Florida Department of State,
 1175  Division of Corporations.
 1176         (e) Meet any additional criteria the department determines
 1177  necessary to conduct proper inspections.
 1178         (6) Each authorized private rebuilt inspection provider may
 1179  operate additional locations in this state with the prior
 1180  written approval of the department. In determining whether to
 1181  approve a location, the department must apply the same criteria
 1182  as in paragraph (5)(b). A private rebuilt inspection provider
 1183  may operate a mobile inspection unit, with the prior written
 1184  approval of the department, as long as it also has a permanent
 1185  facility that meets the criteria specified in paragraph (5)(b),
 1186  and the operation of such mobile inspection unit complies with
 1187  the terms of the agreement with the department as specified in
 1188  paragraph (7)(l).
 1189         (7) The department shall enter into a contract with each
 1190  authorized private rebuilt inspection provider. The agreement
 1191  must include all of the following:
 1192         (a) A requirement that the provider maintain connections
 1193  with and use the department’s motor vehicle database, the
 1194  National Motor Vehicle Title Information System, and information
 1195  from the National Insurance Crime Bureau.
 1196         (b) A requirement that the provider follow department
 1197  policies and procedures when conducting rebuilt inspections.
 1198         (c) A requirement that the provider maintain the
 1199  confidentiality of all information received under the agreement
 1200  in accordance with chapter 119 and the Driver Protection Privacy
 1201  Act.
 1202         (d) A provision that the agreement is not assignable to a
 1203  third party, either in whole or in part, without the prior
 1204  written consent of the department.
 1205         (e) A provision that the private rebuilt inspection
 1206  provider agrees to submit to oversight by the department.
 1207         (f) A requirement that the provider maintain records
 1208  required by department policies and procedures, making those
 1209  records available to the department for inspection, and
 1210  complying with state public records laws.
 1211         (g) Provisions outlining penalties for noncompliance with
 1212  the agreement, including termination.
 1213         (h) Forms required to be utilized by the private rebuilt
 1214  inspection provider to document completion of the rebuilt
 1215  inspection process. These forms must include, but need not be
 1216  limited to, a completed and signed application for certificate
 1217  of title with or without registration; a completed and signed
 1218  statement of builder describing the process and major component
 1219  parts used in the rebuilding of the motor vehicle; a completed
 1220  and signed power of attorney for a motor vehicle, mobile home or
 1221  vessel, if applicable; and a completed and signed vehicle
 1222  identification number and odometer verification.
 1223         (i) A requirement that the provider report stolen parts or
 1224  vehicles.
 1225         (j) A requirement that the provider maintain a surety bond
 1226  and garage liability insurance.
 1227         (k) Conditions under which the agreement may be terminated
 1228  by either party.
 1229         (l) Requirements for the operation of a mobile inspection
 1230  unit, including, but not limited to, maintenance of general
 1231  liability insurance in the amount of $100,000 and commercial
 1232  automobile liability insurance on each mobile unit in the amount
 1233  of $100,000, physical security for indicia and inspection
 1234  records, maintenance of records at a permanent facility,
 1235  cooperation with department oversight requirements, maintenance
 1236  of a weekly schedule of planned rebuilt inspections,
 1237  installation of a camera to document inspections, and observance
 1238  of the confidentiality of the rebuilt inspection process.
 1239         (8)(5)Each authorized private rebuilt inspection provider
 1240  shall A participant in the program shall access vehicle and
 1241  title information and enter inspection results through an
 1242  electronic filing system authorized by the department and shall
 1243  maintain records of each rebuilt vehicle inspection processed by
 1244  the private rebuilt inspection provider at such facility for at
 1245  least 5 years.
 1246         (9)(6) The department may shall immediately terminate the
 1247  contract with any private rebuilt inspection provider operator
 1248  from the program who fails to meet the minimum eligibility
 1249  requirements of this section specified in subsection (4). Before
 1250  a change in ownership of a private rebuilt inspection provider
 1251  facility, the current owner operator must give the department 45
 1252  days’ written notice of the intended sale. The prospective owner
 1253  must meet the all eligibility requirements of this section and
 1254  execute a new contract memorandum of understanding with the
 1255  department before he or she begins operating as a private
 1256  rebuilt inspection provider the facility.
 1257         (7) This section is repealed on July 1, 2018, unless saved
 1258  from repeal through reenactment by the Legislature.
 1259         (10) By July 1 of each year, an authorized private rebuilt
 1260  inspection provider shall attest that it has complied with this
 1261  section and each owner, partner, and corporate officer must
 1262  affirm he or she is free from conflicts of interest.
 1263         (11) Private rebuilt inspection providers may charge a fee
 1264  for their services in addition to the fees in s. 319.32. This
 1265  additional fee shall be clearly disclosed to each customer on
 1266  his or her receipt and be conspicuously posted in an area
 1267  frequented by customers.
 1268         Section 22. Section 319.1411, Florida Statutes, is created
 1269  to read:
 1270         319.1411 Monitoring of private rebuilt inspection
 1271  providers.—The department may monitor and inspect the operations
 1272  of private rebuilt inspection providers as it deems necessary to
 1273  determine whether the private rebuilt inspection provider is
 1274  operating in compliance with this chapter and to determine if
 1275  the private rebuilt inspection provider has engaged in any of
 1276  the business practices prohibited under s. 319.1412.
 1277         Section 23. Section 319.142, Florida Statutes, is created
 1278  to read:
 1279         319.142 Rules of conduct and prohibited business
 1280  practices.—
 1281         (1) Each of the following constitutes grounds for
 1282  termination of any and all contracts entered into with a private
 1283  rebuilt inspection provider pursuant to this chapter:
 1284         (a) Engaging in any business transaction or activity that
 1285  is in substantial conflict with the proper discharge of the
 1286  private rebuilt inspection provider’s duties in the public
 1287  interest.
 1288         (b) Allowing a vehicle to pass inspection knowing that
 1289  there was a material misrepresentation in the required
 1290  documentation or that the documentation submitted in support of
 1291  the inspection was counterfeit or materially altered.
 1292         (c) Failure to report to the department the identification
 1293  of a suspected stolen part or stolen vehicle during a rebuilt
 1294  inspection.
 1295         (d) In connection with providing private rebuilt inspection
 1296  services, engaging in any course of conduct that is fraud or
 1297  deceit upon the department, a dealer, or a vehicle owner.
 1298         (e) Knowingly falsifying department records or knowingly
 1299  providing materially false or misleading information to the
 1300  department.
 1301         (f) Failing to allow an examination or inspection of a
 1302  private rebuilt inspection provider facility, including a review
 1303  of books and records, by the department or law enforcement
 1304  during regular business hours.
 1305         (g) Passing a vehicle through inspection without having a
 1306  reasonable basis to believe that all airbags that are subject to
 1307  a safety recall issued by the National Highway Transportation
 1308  Safety Administration were replaced with airbags not subject to
 1309  such a safety recall.
 1310         (h) Failure to timely respond to a subpoena issued by the
 1311  department.
 1312         (i) Conducting rebuilt inspection services at a physical
 1313  location not approved in writing by the department or providing
 1314  services from a mobile unit not approved in writing by the
 1315  department.
 1316         (j) Failure to maintain at all times a garage liability
 1317  insurance in the amount of at least $100,000.
 1318         (k) Failure to maintain at all times a good and sufficient
 1319  surety bond or irrevocable letter of credit in the amount of
 1320  $100,000 which covers all activities under the private rebuilt
 1321  motor vehicle inspection program and names the department as an
 1322  insured.
 1323         (l) Violation of this section or the contract between the
 1324  department and the private rebuilt inspection provider.
 1325         (m) The use of advertising that would reasonably lead the
 1326  public to believe that the provider was or is an employee or
 1327  representative of the department, or the use in its name of the
 1328  terms “Department of Highway Safety and Motor Vehicles,” “DMV,”
 1329  “DHSMV,” “FLHSMV,” or “HSMV” or any other terms or logos that
 1330  that are associated with the department.
 1331         (2) Written notice of termination of a contract under this
 1332  section must be provided before termination of the contract.
 1333         Section 24. Section 319.1414, Florida Statutes, is created
 1334  to read:
 1335         319.1414 Investigations; examinations; subpoenas; hearings;
 1336  witnesses.—
 1337         (1) The department may conduct investigations and
 1338  examinations of department-authorized private rebuilt inspection
 1339  providers as it deems necessary to determine whether a person
 1340  has violated or is about to violate this chapter or a contract
 1341  entered into pursuant to this chapter or to assist with the
 1342  enforcement of this chapter.
 1343         (2) For purposes of any investigation or examination
 1344  conducted under this section, the department may exercise the
 1345  power of subpoena and the powers to administer oaths or
 1346  affirmations, to examine witnesses, to require affidavits, to
 1347  take depositions, and to compel the attendance of witnesses and
 1348  the production of books, papers, documents, records, and other
 1349  evidence. Such subpoenas may be served by a designated agent of
 1350  the department.
 1351         (3) If a person refuses to testify, produce books, papers,
 1352  documents, or records, or otherwise obey a subpoena or subpoena
 1353  duces tecum issued under subsection (2), the department may
 1354  petition a court of competent jurisdiction in the county where
 1355  the person’s residence or principal place of business is
 1356  located, upon which the court must issue an order requiring such
 1357  person to obey the subpoena or show cause for failing to obey
 1358  the subpoena. Unless the person shows sufficient cause for
 1359  failing to obey the subpoena, the court shall direct the person
 1360  to obey the subpoena. Failure to comply with such order is
 1361  contempt of court.
 1362         (4) For the purpose of any investigation, examination, or
 1363  proceeding initiated by the department under this chapter, the
 1364  department is authorized to designate agents to serve subpoenas
 1365  and other process, and administer oaths or affirmations.
 1366         (5) Witnesses subpoenaed under this section are entitled to
 1367  witness fees at the same rate established by s. 92.142 for
 1368  witnesses in a civil case, except that witness fees are not
 1369  payable for appearance at the witness’s place of business during
 1370  regular business hours or at the witness’s residence.
 1371         (6) The department may adopt rules to administer this
 1372  section.
 1373         Section 25. Section 319.25, Florida Statutes, is amended to
 1374  read:
 1375         319.25 Cancellation of certificates; investigations;
 1376  subpoenas and other process; oaths; rules.—
 1377         (1) If it appears that a certificate of title has been
 1378  improperly issued, the department shall cancel the certificate.
 1379  Upon cancellation of any certificate of title, the department
 1380  shall notify the person to whom the certificate of title was
 1381  issued, as well as any lienholders appearing thereon, of the
 1382  cancellation and shall demand the surrender of the certificate
 1383  of title, but the cancellation shall not affect the validity of
 1384  any lien noted thereon. The holder of the certificate of title
 1385  shall return it to the department forthwith. If a certificate of
 1386  registration has been issued to the holder of a certificate of
 1387  title so canceled, the department shall immediately cancel the
 1388  certificate of registration and demand the return of such
 1389  certificate of registration and license plate or mobile home
 1390  sticker; and the holder of such certificate of registration and
 1391  license plate or sticker shall return them to the department
 1392  forthwith.
 1393         (2) The department is authorized, upon application of any
 1394  person and payment of the proper fees, to prepare and furnish
 1395  lists containing title information in such form as the
 1396  department may authorize, to search the records of the
 1397  department and make reports thereof, and to make photographic
 1398  copies of the department records and attestations thereof,
 1399  except as provided in chapter 119.
 1400         (3) The department may conduct investigations and
 1401  examinations of any person suspected of violating or of having
 1402  violated this chapter or any rule adopted or order issued under
 1403  this chapter.
 1404         (4) For purposes of any investigation or examination
 1405  conducted under this section, the department may exercise the
 1406  power of subpoena and the powers to administer oaths or
 1407  affirmations, to examine witnesses, to require affidavits, to
 1408  take depositions, and to compel the attendance of witnesses and
 1409  the production of books, papers, documents, records, and other
 1410  evidence. Such subpoenas may be served by an authorized
 1411  representative of the department.
 1412         (5) If a person refuses to testify, produce books, papers,
 1413  documents, or records, or otherwise obey the subpoena or
 1414  subpoena duces tecum issued under subsection (4), the department
 1415  may petition a court of competent jurisdiction in the county
 1416  where the person’s residence or principal place of business is
 1417  located, upon which the court must issue an order requiring such
 1418  person to obey the subpoena or show cause for failing to obey
 1419  the subpoena. Unless the person shows sufficient cause for
 1420  failing to obey the subpoena, the court must direct the person
 1421  to obey the subpoena. Costs incurred by the department to obtain
 1422  an order granting, in whole or in part, its petition shall be
 1423  charged to the subpoenaed person, and failure to comply with
 1424  such order is contempt of court.
 1425         (6) For the purpose of any investigation, examination, or
 1426  proceeding initiated by the department under this chapter, the
 1427  department is authorized to designate agents to serve subpoenas
 1428  and other process, and administer oaths or affirmations.
 1429         (7) Witnesses subpoenaed under this section are entitled to
 1430  witness fees at the same rate established by s. 92.142 for
 1431  witnesses in a civil case, except that witness fees are not
 1432  payable for appearance at the witness’s place of business during
 1433  regular business hours or at the witness’s residence.
 1434         (8)The department may adopt rules to administer this
 1435  section.
 1436         Section 26. Subsection (3) of section 319.40, Florida
 1437  Statutes, is amended to read:
 1438         319.40 Transactions by electronic or telephonic means.—
 1439         (3) The department or tax collector may collect electronic
 1440  mail addresses or cellular telephone numbers and use electronic
 1441  mail or text messages in lieu of the United States Postal
 1442  Service as a method of notification and for the purpose of
 1443  providing information related to Department of Highway Safety
 1444  and Motor Vehicles functions in accordance with chapter 119 and
 1445  pursuant to the federal Driver Privacy Protection Act of 1994,
 1446  18 U.S.C. ss. 2721 et seq. However, any notice regarding the
 1447  potential forfeiture or foreclosure of an interest in property
 1448  must be sent via the United States Postal Service. The provision
 1449  of electronic mail addresses and cellular telephone numbers by
 1450  the applicant is optional and, before collection pursuant to
 1451  this subsection, the department or tax collector shall disclose
 1452  to the applicant the purposes for which the electronic mail
 1453  addresses and cellular telephone numbers may be used.
 1454         Section 27. Subsection (24) of section 320.01, Florida
 1455  Statutes, is amended to read:
 1456         320.01 Definitions, general.—As used in the Florida
 1457  Statutes, except as otherwise provided, the term:
 1458         (24) “Apportionable vehicle” means any vehicle, except
 1459  recreational vehicles, vehicles displaying restricted plates,
 1460  city pickup and delivery vehicles, buses used in transportation
 1461  of chartered parties, and government-owned vehicles, which is
 1462  used or intended for use in two or more member jurisdictions
 1463  that allocate or proportionally register vehicles and which is
 1464  used for the transportation of persons for hire or is designed,
 1465  used, or maintained primarily for the transportation of property
 1466  and:
 1467         (a) Is a power unit having a gross vehicle weight in excess
 1468  of 26,000 pounds;
 1469         (b) Is a power unit having three or more axles, regardless
 1470  of weight; or
 1471         (c) Is used in combination, when the weight of such
 1472  combination exceeds 26,000 pounds gross vehicle weight.
 1473  
 1474  Vehicles, or combinations thereof, having a gross vehicle weight
 1475  of 26,000 pounds or less and two-axle vehicles may be
 1476  proportionally registered.
 1477         Section 28. Paragraph (b) of subsection (4) of section
 1478  320.03, Florida Statutes, is amended to read:
 1479         320.03 Registration; duties of tax collectors;
 1480  International Registration Plan.—
 1481         (4)
 1482         (b) The Florida Real Time Vehicle Information System shall
 1483  be installed in every tax collector’s and license tag agent’s
 1484  office in accordance with a schedule established by the
 1485  department in consultation with the tax collectors and
 1486  contingent upon funds being made available for the system by the
 1487  state. For the purpose of enhancing customer services provided
 1488  by tax collectors acting on behalf of the department, the
 1489  department, contingent upon an approved request and memorandum
 1490  of understanding, shall provide tax collectors, and tax
 1491  collector-approved agents and vendors with real-time access to
 1492  data that other third parties receive from the department
 1493  related to vehicle and mobile home registration certificates,
 1494  registration license plates, and validation stickers, including,
 1495  but not limited to, the most current address information and
 1496  electronic mail addresses of applicants. The memorandum of
 1497  understanding as required under this paragraph may not be more
 1498  restrictive than any memorandum of understanding between the
 1499  department and other third-party vendors.
 1500         Section 29. Paragraph (b) of subsection (1) and subsection
 1501  (2) of section 320.06, Florida Statutes, are amended to read:
 1502         320.06 Registration certificates, license plates, and
 1503  validation stickers generally.—
 1504         (1)
 1505         (b)1. Registration license plates bearing a graphic symbol
 1506  and the alphanumeric system of identification shall be issued
 1507  for a 10-year period. At the end of the 10-year period, upon
 1508  renewal, the plate shall be replaced. The department shall
 1509  extend the scheduled license plate replacement date from a 6
 1510  year period to a 10-year period. The fee for such replacement is
 1511  $28, $2.80 of which shall be paid each year before the plate is
 1512  replaced, to be credited toward the next $28 replacement fee.
 1513  The fees shall be deposited into the Highway Safety Operating
 1514  Trust Fund. A credit or refund may not be given for any prior
 1515  years’ payments of the prorated replacement fee if the plate is
 1516  replaced or surrendered before the end of the 10-year period,
 1517  except that a credit may be given if a registrant is required by
 1518  the department to replace a license plate under s.
 1519  320.08056(8)(a). With each license plate, a validation sticker
 1520  shall be issued showing the owner’s birth month, license plate
 1521  number, and the year of expiration or the appropriate renewal
 1522  period if the owner is not a natural person. The validation
 1523  sticker shall be placed on the upper right corner of the license
 1524  plate. The license plate and validation sticker shall be issued
 1525  based on the applicant’s appropriate renewal period. The
 1526  registration period is 12 months, the extended registration
 1527  period is 24 months, and all expirations occur based on the
 1528  applicant’s appropriate registration period.
 1529         2. A vehicle that has an apportioned registration shall be
 1530  issued an annual license plate and a cab card denoting that
 1531  denote the declared gross vehicle weight for each apportioned
 1532  jurisdiction in which the vehicle is authorized to operate. This
 1533  subparagraph expires January 1, 2023.
 1534         3. Upon implementation of a new operating system for
 1535  apportioned vehicle registration, a vehicle registered in
 1536  accordance with the International Registration Plan must be
 1537  issued a license plate for a 5-year period, an annual cab card
 1538  denoting the declared gross vehicle weight for each apportioned
 1539  jurisdiction, and an annual validation sticker showing the month
 1540  and year of expiration. The validation sticker must be placed in
 1541  the center of the license plate. The license plate and
 1542  validation sticker must be issued based on the applicant’s
 1543  appropriate renewal period. The registration period is 12
 1544  months. This fee must be deposited into the Highway Safety
 1545  Operating Trust Fund. If the license plate is damaged or worn,
 1546  it may be replaced at no charge by applying to the department
 1547  and surrendering the current license plate.
 1548         4.2. In order to retain the efficient administration of the
 1549  taxes and fees imposed by this chapter, the 80-cent fee increase
 1550  in the replacement fee imposed by chapter 2009-71, Laws of
 1551  Florida, is negated as provided in s. 320.0804.
 1552         (2) The department shall provide the several tax collectors
 1553  and license plate agents with the necessary number of validation
 1554  stickers. However, the tax collectors and their agents shall
 1555  have the option to purchase validation stickers and paper stock
 1556  that is used to produce vehicle registrations from the
 1557  department’s contracted vendor or from other vendors if such
 1558  items meet the department’s specifications and are procured at
 1559  prices that are at or lower than the pricing reflected in the
 1560  department’s existing contracts for procuring these items. Such
 1561  purchases by the tax collectors and their agents are exempt from
 1562  the competitive bid requirements of chapter 287. The department
 1563  shall reimburse the tax collectors and their agents for these
 1564  purchases, but reimbursement may not be made at prices higher
 1565  than the pricing contained in the department’s existing
 1566  contract. The tax collectors and their agents shall invoice the
 1567  department in arrears for the validation stickers and vehicle
 1568  registrations as they are issued.
 1569         Section 30. Subsection (5) of section 320.0607, Florida
 1570  Statutes, is amended to read:
 1571         320.0607 Replacement license plates, validation decal, or
 1572  mobile home sticker.—
 1573         (5) Upon the issuance of an original license plate, the
 1574  applicant shall pay a fee of $28 to be deposited in the Highway
 1575  Safety Operating Trust Fund. Upon implementation of a new
 1576  operating system for apportioned vehicle registrations, this
 1577  subsection does not apply to a vehicle registered under the
 1578  International Registration Plan.
 1579         Section 31. Subsection (10) is added to section 320.131,
 1580  Florida Statutes, to read:
 1581         320.131 Temporary tags.—
 1582         (10) The department may partner with a county tax collector
 1583  to conduct a Fleet Vehicle Temporary Tag Pilot Program to
 1584  provide temporary tags to fleet companies to allow them to
 1585  operate fleet vehicles awaiting a permanent registration and
 1586  title.
 1587         (a) The department shall enter into a memorandum of
 1588  understanding that allows up to 10 companies to participate in
 1589  the pilot program and to receive multiple temporary tags for
 1590  company fleet vehicles.
 1591         (b) To participate in the program, a fleet company must
 1592  have at least 3,500 fleet vehicles registered in this state
 1593  which qualify to be registered as fleet vehicles pursuant to s.
 1594  320.0657.
 1595         (c) The department, upon the request of an eligible fleet
 1596  company, may issue up to 50 temporary tags per request to such
 1597  company.
 1598         (d) A temporary tag issued under this subsection is for
 1599  exclusive use on a vehicle purchased for the company’s fleet and
 1600  may not be used on any other vehicle.
 1601         (e) Each temporary tag may be used on only one vehicle, and
 1602  each vehicle may use only one temporary tag.
 1603         (f) Upon issuance of the vehicle’s permanent license plate
 1604  and registration, the temporary tag becomes invalid and must be
 1605  removed from the vehicle and destroyed.
 1606         (g) Upon a finding by the department that a temporary tag
 1607  has been misused by a fleet company under the program, the
 1608  department may terminate the memorandum of understanding with
 1609  the company, invalidate all temporary tags issued to the company
 1610  under the program, and require such company to return any unused
 1611  temporary tags.
 1612         (h) The issuance of a tag using this method must be
 1613  reported to the department within 2 business days, not including
 1614  weekends or state holidays, after the issuance of the tag. The
 1615  county tax collector shall keep a record of each temporary tag
 1616  issued. The record must include the date of issuance, tag number
 1617  issued, vehicle identification number, and vehicle description.
 1618         (i) This subsection is repealed October 1, 2022, unless
 1619  saved from repeal through reenactment by the Legislature.
 1620         Section 32. Paragraph (g) is added to subsection (1) of
 1621  section 320.27, Florida Statutes, and paragraph (a) of
 1622  subsection (9) and subsection (11) of that section are amended,
 1623  to read:
 1624         320.27 Motor vehicle dealers.—
 1625         (1) DEFINITIONS.—The following words, terms, and phrases
 1626  when used in this section have the meanings respectively
 1627  ascribed to them in this subsection, except where the context
 1628  clearly indicates a different meaning:
 1629         (g) “Control person” means any person who has significant
 1630  authority, directly or indirectly, to direct the management or
 1631  policies of a company, whether through ownership, by contract,
 1632  or otherwise. The term includes any person who is an owner,
 1633  director, general partner, officer, manager, or employee
 1634  exercising decisionmaking responsibility or exercising similar
 1635  executive status or functions. The term does not include an
 1636  employee whose function is only clerical, ministerial, or in
 1637  sales under the supervision of an owner or manager or other
 1638  person exercising decisionmaking responsibility.
 1639         (9) DENIAL, SUSPENSION, OR REVOCATION.—
 1640         (a) The department may deny a new or renewal application
 1641  for or, suspend, or revoke any license issued hereunder or under
 1642  the provisions of s. 320.77 or s. 320.771 upon proof that an
 1643  applicant or a licensee has:
 1644         1. Committed fraud or willful misrepresentation in
 1645  application for or in obtaining a license.
 1646         2. Been convicted of a felony and has not completed the
 1647  resulting felony sentence or has completed the felony sentence
 1648  less than 10 years from the date of licensure application.
 1649         3. Failed to honor a bank draft or check given to a motor
 1650  vehicle dealer for the purchase of a motor vehicle by another
 1651  motor vehicle dealer within 10 days after notification that the
 1652  bank draft or check has been dishonored. If the transaction is
 1653  disputed, the maker of the bank draft or check shall post a bond
 1654  in accordance with the provisions of s. 559.917, and no
 1655  proceeding for revocation or suspension shall be commenced until
 1656  the dispute is resolved.
 1657         4.a. Failed to provide payment within 10 business days to
 1658  the department for a check payable to the department that was
 1659  dishonored due to insufficient funds in the amount due plus any
 1660  statutorily authorized fee for uttering a worthless check. The
 1661  department shall notify an applicant or licensee when the
 1662  applicant or licensee makes payment to the department by a check
 1663  that is subsequently dishonored by the bank due to insufficient
 1664  funds. The applicant or licensee shall, within 10 business days
 1665  after receiving the notice, provide payment to the department in
 1666  the form of cash in the amount due plus any statutorily
 1667  authorized fee. If the applicant or licensee fails to make such
 1668  payment within 10 business days, the department may deny,
 1669  suspend, or revoke the applicant’s or licensee’s motor vehicle
 1670  dealer license.
 1671         b. Stopped payment on a check payable to the department,
 1672  issued a check payable to the department from an account that
 1673  has been closed, or charged back a credit card transaction to
 1674  the department. If an applicant or licensee commits any such
 1675  act, the department may deny, suspend, or revoke the applicant’s
 1676  or licensee’s motor vehicle dealer license.
 1677         5.a. Previously owned a majority interest in, or acted as a
 1678  control person of, a motor vehicle dealer that, within the past
 1679  10 years, has been the subject of any decision, finding,
 1680  injunction, suspension, revocation, denial, judgment, or
 1681  administrative order by any court of competent jurisdiction,
 1682  administrative law judge, or any state agency which resulted in
 1683  a finding of violation of any federal or state law relating to
 1684  unlicensed activity or fraud in connection with the sale of a
 1685  motor vehicle.
 1686         b. Knowingly employed or contracted with a person under
 1687  sub-subparagraph a. or a person who has been convicted of a
 1688  felony and has not completed the resulting felony sentence or
 1689  completed the felony sentence less than 10 years from the date
 1690  of licensure application as a control person.
 1691         (11) INJUNCTION.—
 1692         (a) In addition to the remedies provided in this chapter
 1693  and notwithstanding the existence of any adequate remedy at law,
 1694  the department is authorized to make application to any circuit
 1695  court of the state, and such circuit court shall have
 1696  jurisdiction, upon a hearing and for cause shown, to grant a
 1697  temporary or permanent injunction, or both, restraining any
 1698  person from acting as a motor vehicle dealer under the terms of
 1699  this section without being properly licensed hereunder, from
 1700  violating or continuing to violate any of the provisions of
 1701  chapter 319, this chapter, or ss. 559.901-559.9221, or for
 1702  failing or refusing to comply with the requirements of chapter
 1703  319, this chapter, or ss. 559.901-559.9221, or any rule or
 1704  regulation adopted thereunder, such injunction to be issued
 1705  without bond. A single act in violation of the provisions of
 1706  chapter 319, this chapter, or chapter 559 shall be sufficient to
 1707  authorize the issuance of an injunction.
 1708         (b) If the court grants the injunction, the court may bar,
 1709  permanently or for a specific time, any person found to have
 1710  violated any federal or state law relating to unlicensed
 1711  activity or fraud in connection with the sale of a motor
 1712  vehicle. A person who is barred by the court under this
 1713  paragraph may not continue in any capacity within the industry.
 1714  The person may not have a management, sales, or any other role
 1715  in the operation of a dealership. Further, if permanently
 1716  barred, the person may not derive income from the dealership
 1717  beyond reasonable compensation for the sale of his or her
 1718  ownership interest in the business.
 1719         Section 33. Subsection (2) of section 320.8232, Florida
 1720  Statutes, is amended to read:
 1721         320.8232 Establishment of uniform standards for used
 1722  recreational vehicles and repair and remodeling code for mobile
 1723  homes.—
 1724         (2) The provisions of the Mobile and Manufactured Home
 1725  Repair and Remodeling Code shall be a uniform code and repair
 1726  and remodeling code shall ensure safe and livable housing and
 1727  shall not be more stringent than those standards required to be
 1728  met in the manufacture of mobile homes. Such provisions shall
 1729  include, but not be limited to, standards for structural
 1730  adequacy, plumbing, heating, electrical systems, and fire and
 1731  life safety. All repair and remodeling of mobile and
 1732  manufactured homes shall be done in accordance with department
 1733  rules.
 1734         Section 34. Section 320.861, Florida Statutes, is amended
 1735  to read:
 1736         320.861 Investigations; subpoenas and other process; oaths;
 1737  rules Inspection of records; production of evidence; subpoena
 1738  power.—
 1739         (1) The department may conduct investigations and
 1740  examinations on any person suspected of violating or of having
 1741  violated this chapter or any rule adopted or order issued
 1742  thereunder inspect the pertinent books, records, letters, and
 1743  contracts of any licensee, whether dealer or manufacturer,
 1744  relating to any written complaint made to it against such
 1745  licensee.
 1746         (2) For purposes of any investigation or examination
 1747  conducted under this section, the department may is granted and
 1748  authorized to exercise the power of subpoena and the powers to
 1749  administer oaths or affirmations, to examine witnesses, to
 1750  require affidavits, to take depositions, and to compel the
 1751  attendance of witnesses and the production of books, papers,
 1752  documents, records, and other evidence. Such subpoenas may be
 1753  served by a designated agent of the department for the
 1754  attendance of witnesses and the production of any documentary
 1755  evidence necessary to the disposition by it of any written
 1756  complaint against any licensee, whether dealer or manufacturer.
 1757         (3) If a person refuses to testify; to produce books,
 1758  papers, documents, or records; or to otherwise obey the subpoena
 1759  or subpoena duces tecum issued under subsection (2), the
 1760  department may petition a court of competent jurisdiction in the
 1761  county where the person’s residence or principal place of
 1762  business is located, upon which the court must issue an order
 1763  requiring such person to obey the subpoena or show cause for
 1764  failing to obey the subpoena. Unless the person shows sufficient
 1765  cause for failing to obey the subpoena, the court must direct
 1766  the person to obey the subpoena. Failure to comply with such
 1767  order constitutes contempt of court.
 1768         (4) For the purpose of any investigation, examination, or
 1769  proceeding initiated by the department under this chapter, the
 1770  department may designate agents to serve subpoenas and other
 1771  process and administer oaths or affirmations. The department
 1772  shall exercise this power on its own initiative in accordance
 1773  with ss. 320.615 and 320.71.
 1774         (5) Witnesses subpoenaed under this section are entitled to
 1775  witness fees at the same rate established by s. 92.142 for
 1776  witnesses in a civil case, except that witness fees are not
 1777  payable for appearance at the witness’s place of business during
 1778  regular business hours or at the witness’s residence.
 1779         (6) The department may adopt rules to administer this
 1780  section.
 1781         Section 35. Subsection (2) of section 320.95, Florida
 1782  Statutes, is amended to read:
 1783         320.95 Transactions by electronic or telephonic means.—
 1784         (2) The department or tax collector may collect electronic
 1785  mail addresses or cellular telephone numbers and use electronic
 1786  mail or text messages in lieu of the United States Postal
 1787  Service for the purpose of providing information related to
 1788  Department of Highway Safety and Motor Vehicles functions in
 1789  accordance with chapter 119 and pursuant to the federal Driver
 1790  Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
 1791  provision of electronic mail addresses and cellular telephone
 1792  numbers by the applicant is optional and, before collection
 1793  pursuant to this subsection, the department or tax collector
 1794  shall disclose to the applicant the purposes for which the
 1795  electronic mail addresses and cellular telephone numbers may be
 1796  used renewal notices.
 1797         Section 36. Subsection (1) of section 321.05, Florida
 1798  Statutes, is amended to read:
 1799         321.05 Duties, functions, and powers of patrol officers.
 1800  The members of the Florida Highway Patrol are hereby declared to
 1801  be conservators of the peace and law enforcement officers of the
 1802  state, with the common-law right to arrest a person who, in the
 1803  presence of the arresting officer, commits a felony or commits
 1804  an affray or breach of the peace constituting a misdemeanor,
 1805  with full power to bear arms; and they shall apprehend, without
 1806  warrant, any person in the unlawful commission of any of the
 1807  acts over which the members of the Florida Highway Patrol are
 1808  given jurisdiction as hereinafter set out and deliver him or her
 1809  to the sheriff of the county that further proceedings may be had
 1810  against him or her according to law. In the performance of any
 1811  of the powers, duties, and functions authorized by law, members
 1812  of the Florida Highway Patrol have the same protections and
 1813  immunities afforded other peace officers, which shall be
 1814  recognized by all courts having jurisdiction over offenses
 1815  against the laws of this state, and have authority to apply for,
 1816  serve, and execute search warrants, arrest warrants, capias, and
 1817  other process of the court. The patrol officers under the
 1818  direction and supervision of the Department of Highway Safety
 1819  and Motor Vehicles shall perform and exercise throughout the
 1820  state the following duties, functions, and powers:
 1821         (1) To patrol the state highways and regulate, control, and
 1822  direct the movement of traffic thereon; to maintain the public
 1823  peace by preventing violence on highways; to apprehend fugitives
 1824  from justice; to enforce all laws regulating and governing
 1825  traffic, travel, and public safety upon the public highways and
 1826  providing for the protection of the public highways and public
 1827  property thereon, including the security and safety of this
 1828  state’s transportation infrastructure; to make arrests without
 1829  warrant for the violation of any state law committed in their
 1830  presence in accordance with state law; providing that no search
 1831  may be made unless it is incident to a lawful arrest, to
 1832  regulate and direct traffic concentrations and congestions; to
 1833  enforce laws governing the operation, licensing, and taxing and
 1834  limiting the size, weight, width, length, and speed of vehicles
 1835  and licensing and controlling the operations of drivers and
 1836  operators of vehicles, including the safety, size, and weight of
 1837  commercial motor vehicles; to collect all state fees and
 1838  revenues levied as an incident to the use or right to use the
 1839  highways for any purpose, including the taxing and registration
 1840  of commercial motor vehicles; to require the drivers of vehicles
 1841  to stop and exhibit their driver licenses, registration cards,
 1842  or documents required by law to be carried by such vehicles; to
 1843  investigate traffic crashes accidents, secure testimony of
 1844  witnesses and of persons involved, and make report thereof with
 1845  copy, if requested in writing, to any person in interest or his
 1846  or her attorney; to investigate reported thefts of vehicles; and
 1847  to seize contraband or stolen property on or being transported
 1848  on the highways. Each patrol officer of the Florida Highway
 1849  Patrol is subject to and has the same arrest and other authority
 1850  provided for law enforcement officers generally in chapter 901
 1851  and has statewide jurisdiction. Each officer also has arrest
 1852  authority as provided for state law enforcement officers in s.
 1853  901.15. This section does not conflict with, but is supplemental
 1854  to, chapter 933.
 1855         Section 37. Section 321.065, Florida Statutes, is amended
 1856  to read:
 1857         321.065 Traffic crash accident investigation officers;
 1858  employment; standards.—The department may employ traffic crash
 1859  accident investigation officers who must complete any applicable
 1860  standards adopted by the Florida Highway Patrol, including, but
 1861  not limited to: cognitive testing, drug testing, polygraph
 1862  testing, psychological testing, and an extensive background
 1863  check, including a credit check.
 1864         Section 38. Paragraph (d) of subsection (2) of section
 1865  321.23, Florida Statutes, is amended to read:
 1866         321.23 Public records; fees for copies; destruction of
 1867  obsolete records; photographing records; effect as evidence.—
 1868         (2) Fees for copies of public records shall be charged and
 1869  collected as follows:
 1870         (d) Photographs (crashes accidents, etc.):
 1871  
 1872             EnlargementProof             Color        Black &White 
 1873       1.         5″ x 7″                 $1.00            $0.75    
 1874       2.        8″ x 10″                 $1.50            $1.00    
 1875       3.        11″ x 14″            Not Available        $1.75    
 1876       4.        16″ x 20″            Not Available        $2.75    
 1877       5.        20″ x 24″            Not Available        $3.75    
 1878  
 1879  
 1880  The department shall furnish such information without charge to
 1881  any local, state, or federal law enforcement agency upon proof
 1882  satisfactory to the department as to the purpose of the
 1883  investigation.
 1884         Section 39. Paragraph (a) of subsection (2) of section
 1885  322.051, Florida Statutes, is amended to read:
 1886         322.051 Identification cards.—
 1887         (2)(a) Every identification card:
 1888         1. Issued to a person 5 years of age to 14 years of age
 1889  shall expire, unless canceled earlier, on the fourth birthday of
 1890  the applicant following the date of original issue.
 1891         2. Issued to a person 15 years of age and older shall
 1892  expire, unless canceled earlier, on the eighth birthday of the
 1893  applicant following the date of original issue.
 1894  
 1895  Renewal of an identification card shall be made for the
 1896  applicable term enumerated in this paragraph. Any application
 1897  for renewal received later than 12 months 90 days after
 1898  expiration of the identification card shall be considered the
 1899  same as an application for an original identification card.
 1900         Section 40. Paragraphs (a) and (b) of subsection (4) of
 1901  section 322.0602, Florida Statutes, are amended to read:
 1902         322.0602 Youthful Drunk Driver Visitation Program.—
 1903         (4) VISITATION REQUIREMENT.—
 1904         (a) To the extent that personnel and facilities are made
 1905  available to the court, the court may include a requirement for
 1906  supervised visitation by the probationer to all, or any, of the
 1907  following:
 1908         1. A trauma center, as defined in s. 395.4001, or a
 1909  hospital as defined in s. 395.002, which regularly receives
 1910  victims of vehicle crashes accidents, between the hours of 10
 1911  p.m. and 2 a.m. on a Friday or Saturday night, in order to
 1912  observe appropriate victims of vehicle crashes accidents
 1913  involving drinking drivers, under the supervision of any of the
 1914  following:
 1915         a. A registered nurse trained in providing emergency trauma
 1916  care or prehospital advanced life support.
 1917         b. An emergency room physician.
 1918         c. An emergency medical technician.
 1919         2. A licensed service provider, as defined in s. 397.311,
 1920  which cares for substance abuse impaired persons, to observe
 1921  persons in the terminal stages of substance abuse impairment,
 1922  under the supervision of appropriately licensed medical
 1923  personnel. Prior to any visitation of such terminally ill or
 1924  disabled persons, the persons or their legal representatives
 1925  must give their express consent to participate in the visitation
 1926  program.
 1927         3. If approved by the county coroner, the county coroner’s
 1928  office or the county morgue to observe appropriate victims of
 1929  vehicle crashes accidents involving drinking drivers, under the
 1930  supervision of the coroner or a deputy coroner.
 1931         (b) As used in this section, the term “appropriate victims”
 1932  means victims or their legal representatives, including the next
 1933  of kin, who have expressly given their consent to participate in
 1934  the visitation program and victims whose condition is determined
 1935  by the visitation supervisor to demonstrate the results of
 1936  crashes accidents involving drinking drivers without being
 1937  excessively gruesome or traumatic to the probationer.
 1938         Section 41. Subsection (10) of section 322.08, Florida
 1939  Statutes, is amended to read:
 1940         322.08 Application for license; requirements for license
 1941  and identification card forms.—
 1942         (10) The department or tax collector may collect electronic
 1943  mail addresses or cellular telephone numbers and use electronic
 1944  mail or text messages in lieu of the United States Postal
 1945  Service for the purpose of providing information related to
 1946  Department of Highway Safety and Motor Vehicles functions in
 1947  accordance with chapter 119 and pursuant to the federal Driver
 1948  Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
 1949  provision of electronic mail addresses and cellular telephone
 1950  numbers by the applicant is optional and, before collection
 1951  pursuant to this subsection, the department or tax collector
 1952  shall disclose to the applicant the purposes for which the
 1953  electronic mail addresses and cellular telephone numbers may be
 1954  used renewal notices.
 1955         Section 42. Subsection (5) of section 322.091, Florida
 1956  Statutes, is amended to read:
 1957         322.091 Attendance requirements.—
 1958         (5) REPORTING AND ACCOUNTABILITY.—The department shall make
 1959  available, upon request, a report quarterly to each school
 1960  district which includes the legal name, sex, date of birth, and
 1961  social security number of each student whose driving privileges
 1962  have been suspended under this section.
 1963         Section 43. Section 322.17, Florida Statutes, is amended to
 1964  read:
 1965         322.17 Replacement licenses, identification cards, and
 1966  permits.—
 1967         (1)(a) In the event that an instruction permit or driver
 1968  license issued under the provisions of this chapter is lost or
 1969  destroyed, the person to whom the same was issued may, upon
 1970  payment of the appropriate fee pursuant to s. 322.21, obtain a
 1971  replacement upon furnishing proof satisfactory to the department
 1972  that such permit or license has been lost or destroyed, and
 1973  further furnishing the full name, date of birth, sex, residence
 1974  and mailing address, proof of birth satisfactory to the
 1975  department, and proof of identity satisfactory to the
 1976  department.
 1977         (b) In the event that an instruction permit, or driver
 1978  license, or identification card issued under the provisions of
 1979  this chapter is stolen, the person to whom the same was issued
 1980  may, at no charge, obtain a replacement upon furnishing proof
 1981  satisfactory to the department that such permit, or license, or
 1982  identification card was stolen and further furnishing the
 1983  person’s full name, date of birth, sex, residence and mailing
 1984  address, proof of birth satisfactory to the department, and
 1985  proof of identity satisfactory to the department.
 1986         (2) Upon the surrender of the original license and the
 1987  payment of the appropriate fees pursuant to s. 322.21, the
 1988  department shall issue a replacement license to make a change in
 1989  name, address, or restrictions.
 1990         (3) Notwithstanding any other provisions of this chapter,
 1991  if a licensee establishes his or her identity for a driver
 1992  license using an identification document authorized under s.
 1993  322.08(2)(c)7. or 8., the licensee may not obtain a duplicate or
 1994  replacement instruction permit or driver license except in
 1995  person and upon submission of an identification document
 1996  authorized under s. 322.08(2)(c)7. or 8.
 1997         (4) Notwithstanding any other provision of this section or
 1998  s. 322.21, the department shall, if necessary, issue or renew a
 1999  replacement driver license at no charge to an inmate if the
 2000  department determines that he or she has a valid driver license.
 2001  If the replacement driver license is scheduled to expire within
 2002  6 months, the department may also issue a temporary permit valid
 2003  for at least 6 months after the release date.
 2004         Section 44. Subsection (10) is added to section 322.21,
 2005  Florida Statutes, to read:
 2006         322.21 License fees; procedure for handling and collecting
 2007  fees.—
 2008         (10) An applicant who submits an application for a renewal
 2009  or replacement driver license or identification card to the
 2010  department using a convenience service must be provided with an
 2011  option for expedited shipping in which the department, at the
 2012  applicant’s request, must issue the license or identification
 2013  card within 5 working days after receipt of the application and
 2014  ship the license or card using an expedited mail service. Fees
 2015  collected for the expedited shipping option shall be deposited
 2016  into the Highway Safety Operating Trust Fund.
 2017         Section 45. Present subsection (8) of section 322.212,
 2018  Florida Statutes, is redesignated as subsection (9), a new
 2019  subsection (8) is added to that section, and subsection (5) of
 2020  that section is amended, to read:
 2021         322.212 Unauthorized possession of, and other unlawful acts
 2022  in relation to, driver license or identification card.—
 2023         (5)(a) It is unlawful for any person to use a false or
 2024  fictitious name in any application for a driver license or
 2025  identification card or knowingly to make a false statement,
 2026  knowingly conceal a material fact, provide altered or
 2027  counterfeit documents, participate in dishonest or deceptive
 2028  actions, or otherwise commit a fraud in any such application.
 2029         (b) It is unlawful for any person to have in his or her
 2030  possession a driver license or identification card upon which
 2031  the date of birth has been altered.
 2032         (c) It is unlawful for any person designated as a sexual
 2033  predator or sexual offender to have in his or her possession a
 2034  driver license or identification card upon which the sexual
 2035  predator or sexual offender markings required by s. 322.141 are
 2036  not displayed or have been altered.
 2037         (8) In addition to any other penalties provided by this
 2038  section, the department shall suspend the license or permit of
 2039  any person who provides false information when applying for a
 2040  driver license, identification card, commercial driver license,
 2041  or commercial learner’s permit or who is convicted of fraud in
 2042  connection with testing for a driver license, commercial driver
 2043  license, or commercial learner’s permit for a period of 1 year.
 2044         Section 46. Section 322.36, Florida Statutes, is amended to
 2045  read:
 2046         322.36 Permitting unauthorized operator to drive.—A person
 2047  may not authorize or knowingly permit a motor vehicle owned by
 2048  him or her or under his or her dominion or control to be
 2049  operated upon any highway or public street except by a person
 2050  who is duly authorized to operate a motor vehicle under this
 2051  chapter. Any person who violates this section commits a
 2052  misdemeanor of the second degree, punishable as provided in s.
 2053  775.082 or s. 775.083. If a person violates this section by
 2054  knowingly loaning a vehicle to a person whose driver license is
 2055  suspended and if that vehicle is involved in a crash an accident
 2056  resulting in bodily injury or death, the driver license of the
 2057  person violating this section shall be suspended for 1 year.
 2058         Section 47. Subsection (1) of section 322.61, Florida
 2059  Statutes, is amended to read:
 2060         322.61 Disqualification from operating a commercial motor
 2061  vehicle.—
 2062         (1) A person who, for offenses occurring within a 3-year
 2063  period, is convicted of two of the following serious traffic
 2064  violations or any combination thereof, arising in separate
 2065  incidents committed in a commercial motor vehicle shall, in
 2066  addition to any other applicable penalties, be disqualified from
 2067  operating a commercial motor vehicle for a period of 60 days. A
 2068  holder of a commercial driver license or commercial learner’s
 2069  permit who, for offenses occurring within a 3-year period, is
 2070  convicted of two of the following serious traffic violations, or
 2071  any combination thereof, arising in separate incidents committed
 2072  in a noncommercial motor vehicle shall, in addition to any other
 2073  applicable penalties, be disqualified from operating a
 2074  commercial motor vehicle for a period of 60 days if such
 2075  convictions result in the suspension, revocation, or
 2076  cancellation of the licenseholder’s driving privilege:
 2077         (a) A violation of any state or local law relating to motor
 2078  vehicle traffic control, other than a parking violation, arising
 2079  in connection with a crash resulting in death.;
 2080         (b) Reckless driving, as defined in s. 316.192.;
 2081         (c) Unlawful speed of 15 miles per hour or more above the
 2082  posted speed limit.;
 2083         (d) Improper lane change, as defined in s. 316.085.;
 2084         (e) Following too closely, as defined in s. 316.0895.;
 2085         (f) Driving a commercial vehicle without obtaining a
 2086  commercial driver license.;
 2087         (g) Driving a commercial vehicle without the proper class
 2088  of commercial driver license or commercial learner’s permit or
 2089  without the proper endorsement.; or
 2090         (h) Driving a commercial vehicle without a commercial
 2091  driver license or commercial learner’s permit in possession, as
 2092  required by s. 322.03.
 2093         (i) Texting while driving a commercial motor vehicle as
 2094  prohibited by 49 C.F.R. 392.80.
 2095         (j) Using a hand-held mobile telephone while driving a
 2096  commercial motor vehicle, as prohibited by 49 C.F.R 392.82.
 2097         Section 48. Section 322.71, Florida Statutes, is created to
 2098  read:
 2099         322.71 Investigations; subpoenas and other process; oaths;
 2100  rules.—
 2101         (1) The department may conduct investigations and
 2102  examinations on any person suspected of violating or of having
 2103  violated any provision of this chapter or any rule adopted or
 2104  order issued under this chapter.
 2105         (2) For purposes of any investigation or examination
 2106  conducted under this section, the department may exercise the
 2107  power of subpoena and the powers to administer oaths or
 2108  affirmations, to examine witnesses, to require affidavits, to
 2109  take depositions, and to compel the attendance of witnesses and
 2110  the production of books, papers, documents, records, and other
 2111  evidence. Such subpoenas may be served by an authorized
 2112  representative of the department.
 2113         (3) If a person refuses to testify; to produce books,
 2114  papers, documents, or records; or to otherwise obey the subpoena
 2115  or subpoena duces tecum issued under subsection (2), the
 2116  department may petition a court of competent jurisdiction in the
 2117  county where the person’s residence or principal place of
 2118  business is located, upon which the court must issue an order
 2119  requiring such person to obey the subpoena or show cause for
 2120  failing to obey the subpoena. Unless the person shows sufficient
 2121  cause for failing to obey the subpoena, the court must direct
 2122  the person to obey the subpoena. Failure to comply with such
 2123  order constitutes contempt of court.
 2124         (4) For the purpose of any investigation, examination, or
 2125  proceeding initiated by the department under this chapter, the
 2126  department may designate agents to serve subpoenas and other
 2127  process and administer oaths or affirmations.
 2128         (5) Witnesses subpoenaed under this section are entitled to
 2129  witness fees at the same rate established by s. 92.142 for
 2130  witnesses in a civil case, except that witness fees are not
 2131  payable for appearance at the witness’s place of business during
 2132  regular business hours or at the witness’s residence.
 2133         (6) The department may adopt rules to administer this
 2134  section.
 2135         Section 49. Subsection (4) of section 323.001, Florida
 2136  Statutes, is amended to read:
 2137         323.001 Wrecker operator storage facilities; vehicle
 2138  holds.—
 2139         (4) The requirements for a written hold apply when the
 2140  following conditions are present:
 2141         (a) The officer has probable cause to believe the vehicle
 2142  should be seized and forfeited under the Florida Contraband
 2143  Forfeiture Act, ss. 932.701-932.7062;
 2144         (b) The officer has probable cause to believe the vehicle
 2145  should be seized and forfeited under chapter 379;
 2146         (c) The officer has probable cause to believe the vehicle
 2147  was used as the means of committing a crime;
 2148         (d) The officer has probable cause to believe that the
 2149  vehicle is itself evidence that tends to show that a crime has
 2150  been committed or that the vehicle contains evidence, which
 2151  cannot readily be removed, which tends to show that a crime has
 2152  been committed;
 2153         (e) The officer has probable cause to believe the vehicle
 2154  was involved in a traffic crash accident resulting in death or
 2155  personal injury and should be sealed for investigation and
 2156  collection of evidence by a vehicular homicide investigator;
 2157         (f) The vehicle is impounded or immobilized pursuant to s.
 2158  316.193 or s. 322.34; or
 2159         (g) The officer is complying with a court order.
 2160         Section 50. Paragraph (c) of subsection (1), paragraph (c)
 2161  of subsection (2), and subsection (4) of section 323.002,
 2162  Florida Statutes, are amended to read:
 2163         323.002 County and municipal wrecker operator systems;
 2164  penalties for operation outside of system.—
 2165         (1) As used in this section, the term:
 2166         (c) “Wrecker operator system” means a system for the towing
 2167  or removal of wrecked, disabled, or abandoned vehicles, similar
 2168  to the Florida Highway Patrol wrecker operator system described
 2169  in s. 321.051(2), under which a county or municipality contracts
 2170  with one or more wrecker operators for the towing or removal of
 2171  wrecked, disabled, or abandoned vehicles from crash accident
 2172  scenes, streets, or highways. A wrecker operator system shall
 2173  include using a method for apportioning the towing assignments
 2174  among the eligible wrecker operators through the creation of
 2175  geographic zones, a rotation schedule, or a combination of these
 2176  methods.
 2177         (2) In any county or municipality that operates a wrecker
 2178  operator system:
 2179         (c) When an unauthorized wrecker operator drives by the
 2180  scene of a wrecked or disabled vehicle and the owner or operator
 2181  initiates contact by signaling the wrecker operator to stop and
 2182  provide towing services, the unauthorized wrecker operator must
 2183  disclose in writing to the owner or operator of the vehicle his
 2184  or her full name and driver license number, that he or she is
 2185  not the authorized wrecker operator who has been designated as
 2186  part of the wrecker operator system, that the motor vehicle is
 2187  not being towed for the owner’s or operator’s insurance company
 2188  or lienholder, whether he or she has in effect an insurance
 2189  policy providing at least $300,000 of liability insurance and at
 2190  least $50,000 of on-hook cargo insurance, and the maximum
 2191  charges for towing and storage which will apply before the
 2192  vehicle is connected to the towing apparatus. The unauthorized
 2193  wrecker operator must also provide a copy of the disclosure to
 2194  the owner or operator in the presence of a law enforcement
 2195  officer if such officer is at the scene of a motor vehicle crash
 2196  accident. Any person who violates this paragraph commits a
 2197  misdemeanor of the second degree, punishable as provided in s.
 2198  775.082 or s. 775.083, and the person’s wrecker, tow truck, or
 2199  other motor vehicle that was used during the offense may be
 2200  immediately removed and impounded pursuant to subsection (3).
 2201         (4) This section does not prohibit, or in any way prevent,
 2202  the owner or operator of a vehicle involved in a crash an
 2203  accident or otherwise disabled from contacting any wrecker
 2204  operator for the provision of towing services, whether the
 2205  wrecker operator is an authorized wrecker operator or not.
 2206         Section 51. Section 324.011, Florida Statutes, is amended
 2207  to read:
 2208         324.011 Purpose of chapter.—It is the intent of this
 2209  chapter to recognize the existing privilege to own or operate a
 2210  motor vehicle on the public streets and highways of this state
 2211  when such vehicles are used with due consideration for others
 2212  and their property, and to promote safety and provide financial
 2213  security requirements for such owners or operators whose
 2214  responsibility it is to recompense others for injury to person
 2215  or property caused by the operation of a motor vehicle.
 2216  Therefore, it is required herein that the operator of a motor
 2217  vehicle involved in a crash or convicted of certain traffic
 2218  offenses meeting the operative provisions of s. 324.051(2) shall
 2219  respond for such damages and show proof of financial ability to
 2220  respond for damages in future crashes accidents as a requisite
 2221  to his or her future exercise of such privileges.
 2222         Section 52. Subsection (1) of section 324.022, Florida
 2223  Statutes, is amended to read:
 2224         324.022 Financial responsibility for property damage.—
 2225         (1) Every owner or operator of a motor vehicle required to
 2226  be registered in this state shall establish and maintain the
 2227  ability to respond in damages for liability on account of
 2228  crashes accidents arising out of the use of the motor vehicle in
 2229  the amount of $10,000 because of damage to, or destruction of,
 2230  property of others in any one crash. The requirements of this
 2231  section may be met by one of the methods established in s.
 2232  324.031; by self-insuring as authorized by s. 768.28(16); or by
 2233  maintaining an insurance policy providing coverage for property
 2234  damage liability in the amount of at least $10,000 because of
 2235  damage to, or destruction of, property of others in any one
 2236  crash accident arising out of the use of the motor vehicle. The
 2237  requirements of this section may also be met by having a policy
 2238  which provides coverage in the amount of at least $30,000 for
 2239  combined property damage liability and bodily injury liability
 2240  for any one crash arising out of the use of the motor vehicle.
 2241  The policy, with respect to coverage for property damage
 2242  liability, must meet the applicable requirements of s. 324.151,
 2243  subject to the usual policy exclusions that have been approved
 2244  in policy forms by the Office of Insurance Regulation. No
 2245  insurer shall have any duty to defend uncovered claims
 2246  irrespective of their joinder with covered claims.
 2247         Section 53. Section 324.023, Florida Statutes, is amended
 2248  to read:
 2249         324.023 Financial responsibility for bodily injury or
 2250  death.—In addition to any other financial responsibility
 2251  required by law, every owner or operator of a motor vehicle that
 2252  is required to be registered in this state, or that is located
 2253  within this state, and who, regardless of adjudication of guilt,
 2254  has been found guilty of or entered a plea of guilty or nolo
 2255  contendere to a charge of driving under the influence under s.
 2256  316.193 after October 1, 2007, shall, by one of the methods
 2257  established in s. 324.031(1) or (2), establish and maintain the
 2258  ability to respond in damages for liability on account of
 2259  crashes accidents arising out of the use of a motor vehicle in
 2260  the amount of $100,000 because of bodily injury to, or death of,
 2261  one person in any one crash and, subject to such limits for one
 2262  person, in the amount of $300,000 because of bodily injury to,
 2263  or death of, two or more persons in any one crash and in the
 2264  amount of $50,000 because of property damage in any one crash.
 2265  If the owner or operator chooses to establish and maintain such
 2266  ability by furnishing a certificate of deposit pursuant to s.
 2267  324.031(2), such certificate of deposit must be at least
 2268  $350,000. Such higher limits must be carried for a minimum
 2269  period of 3 years. If the owner or operator has not been
 2270  convicted of driving under the influence or a felony traffic
 2271  offense for a period of 3 years from the date of reinstatement
 2272  of driving privileges for a violation of s. 316.193, the owner
 2273  or operator shall be exempt from this section.
 2274         Section 54. Paragraph (b) of subsection (1) and paragraph
 2275  (a) of subsection (2) of section 324.051, Florida Statutes, are
 2276  amended to read:
 2277         324.051 Reports of crashes; suspensions of licenses and
 2278  registrations.—
 2279         (1)
 2280         (b) The department is hereby further authorized to require
 2281  reports of crashes from individual owners or operators whenever
 2282  it deems it necessary for the proper administration of this
 2283  chapter, and these reports shall be made without prejudice
 2284  except as specified in this subsection. No such report shall be
 2285  used as evidence in any trial arising out of a crash. However,
 2286  subject to the applicable rules of evidence, a law enforcement
 2287  officer at a criminal trial may testify as to any statement made
 2288  to the officer by the person involved in the crash accident if
 2289  that person’s privilege against self-incrimination is not
 2290  violated.
 2291         (2)(a) Thirty days after receipt of notice of any crash
 2292  accident described in paragraph (1)(a) involving a motor vehicle
 2293  within this state, the department shall suspend, after due
 2294  notice and opportunity to be heard, the license of each operator
 2295  and all registrations of the owner of the vehicles operated by
 2296  such operator whether or not involved in such crash and, in the
 2297  case of a nonresident owner or operator, shall suspend such
 2298  nonresident’s operating privilege in this state, unless such
 2299  operator or owner shall, prior to the expiration of such 30
 2300  days, be found by the department to be exempt from the operation
 2301  of this chapter, based upon evidence satisfactory to the
 2302  department that:
 2303         1. The motor vehicle was legally parked at the time of such
 2304  crash.
 2305         2. The motor vehicle was owned by the United States
 2306  Government, this state, or any political subdivision of this
 2307  state or any municipality therein.
 2308         3. Such operator or owner has secured a duly acknowledged
 2309  written agreement providing for release from liability by all
 2310  parties injured as the result of said crash and has complied
 2311  with one of the provisions of s. 324.031.
 2312         4. Such operator or owner has deposited with the department
 2313  security to conform with s. 324.061 when applicable and has
 2314  complied with one of the provisions of s. 324.031.
 2315         5. One year has elapsed since such owner or operator was
 2316  suspended pursuant to subsection (3), the owner or operator has
 2317  complied with one of the provisions of s. 324.031, and no bill
 2318  of complaint of which the department has notice has been filed
 2319  in a court of competent jurisdiction.
 2320  
 2321  No such policy or bond shall be effective under this subsection
 2322  unless it contains limits of not less than those specified in s.
 2323  324.021(7).
 2324         Section 55. Subsections (2), (3), and (4) of section
 2325  324.242, Florida Statutes, are amended to read:
 2326         324.242 Personal injury protection and property damage
 2327  liability insurance policies; public records exemption.—
 2328         (2) Upon receipt of a request and proof of a crash report
 2329  as required under s. 316.065, s. 316.066, or s. 316.068, or a
 2330  crash report created pursuant to the laws of another state, the
 2331  department shall release the policy number for a policy covering
 2332  a vehicle involved in a motor vehicle crash accident to:
 2333         (a) Any person involved in such crash accident;
 2334         (b) The attorney of any person involved in such crash
 2335  accident; or
 2336         (c) A representative of the insurer of any person involved
 2337  in such crash accident.
 2338         (3) The department shall provide personal injury protection
 2339  and property damage liability insurance policy numbers to
 2340  department-approved third parties that provide data collection
 2341  services to an insurer of any person involved in such crash
 2342  accident.
 2343         (4) Before the department’s release of a policy number in
 2344  accordance with subsection (2) or subsection (3), an insurer’s
 2345  representative, a contracted third party, or an attorney for a
 2346  person involved in a crash an accident must provide the
 2347  department with documentation confirming proof of
 2348  representation.
 2349         Section 56. Section 328.30, Florida Statutes, is amended to
 2350  read:
 2351         328.30 Transactions by electronic or telephonic means.—
 2352         (1) The Department of Highway Safety and Motor Vehicles may
 2353  accept any application provided for under this part chapter by
 2354  electronic or telephonic means.
 2355         (2) The department may issue an electronic certificate of
 2356  title in lieu of printing a paper title.
 2357         (3) The department or tax collector may collect electronic
 2358  mail addresses or cellular telephone numbers and use electronic
 2359  mail or text messages in lieu of the United States Postal
 2360  Service for the purpose of providing information related to
 2361  Department of Highway Safety and Motor Vehicles functions in
 2362  accordance with chapter 119 and pursuant to the federal Driver
 2363  Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
 2364  provision of electronic mail addresses and cellular telephone
 2365  numbers by the applicant is optional and, before collection
 2366  pursuant to this subsection, the department or tax collector
 2367  shall disclose to the applicant the purposes for which the
 2368  electronic mail addresses and cellular telephone numbers may be
 2369  used renewal notices.
 2370         Section 57. Subsection (3) of section 328.40, Florida
 2371  Statutes, is amended to read:
 2372         328.40 Administration of vessel registration and titling
 2373  laws; records.—
 2374         (3) All records made or kept by the Department of Highway
 2375  Safety and Motor Vehicles under this part are subject to
 2376  inspection and copying as provided in chapter 119 law are public
 2377  records except for confidential reports.
 2378         Section 58. Subsection (1) of section 328.73, Florida
 2379  Statutes, is amended to read:
 2380         328.73 Registration; duties of tax collectors.—
 2381         (1) The tax collectors in the counties of the state, as
 2382  authorized agents of the department, shall issue registration
 2383  certificates and vessel numbers and decals to applicants,
 2384  subject to the requirements of law and in accordance with rules
 2385  of the department. For the purpose of enhancing customer
 2386  services provided by tax collectors acting on behalf of the
 2387  department, the department, contingent upon an approved request
 2388  and memorandum of understanding, shall provide tax collectors,
 2389  and tax collector-approved agents and vendors with real-time
 2390  access to data that other third parties receive from the
 2391  department related to registration certificates and vessel
 2392  numbers and decals, including, but not limited to, the most
 2393  current address information and electronic mail addresses of
 2394  applicants. The memorandum of understanding as required under
 2395  this paragraph may not be more restrictive than any memorandum
 2396  of understanding between the department and other third-party
 2397  vendors.
 2398         Section 59. Section 328.80, Florida Statutes, is amended to
 2399  read:
 2400         328.80 Transactions by electronic or telephonic means.—
 2401         (1) The Department of Highway Safety and Motor Vehicles
 2402  commission is authorized to accept any application provided for
 2403  under this part chapter by electronic or telephonic means.
 2404         (2) The department or tax collector may collect electronic
 2405  mail addresses or cellular telephone numbers and use electronic
 2406  mail or text messages in lieu of the United States Postal
 2407  Service for the purpose of providing information related to
 2408  Department of Highway Safety and Motor Vehicles functions in
 2409  accordance with chapter 119 and pursuant to the federal Driver
 2410  Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. The
 2411  provision of electronic mail addresses and cellular telephone
 2412  numbers by the applicant is optional and, before collection
 2413  pursuant to this subsection, the department or tax collector
 2414  shall disclose to the applicant the purposes for which the
 2415  electronic mail addresses and cellular telephone numbers may be
 2416  used.
 2417         Section 60. Subsection (4) of section 627.7415, Florida
 2418  Statutes, is amended to read:
 2419         627.7415 Commercial motor vehicles; additional liability
 2420  insurance coverage.—Commercial motor vehicles, as defined in s.
 2421  207.002 or s. 320.01, operated upon the roads and highways of
 2422  this state shall be insured with the following minimum levels of
 2423  combined bodily liability insurance and property damage
 2424  liability insurance in addition to any other insurance
 2425  requirements:
 2426         (4) All commercial motor vehicles subject to regulations of
 2427  the United States Department of Transportation, 49 C.F.R. part
 2428  387, subparts subpart A and B, and as may be hereinafter
 2429  amended, shall be insured in an amount equivalent to the minimum
 2430  levels of financial responsibility as set forth in such
 2431  regulations.
 2432  
 2433  A violation of this section is a noncriminal traffic infraction,
 2434  punishable as a nonmoving violation as provided in chapter 318.
 2435         Section 61. Subsection (2) of section 316.251, Florida
 2436  Statutes, is amended to read:
 2437         316.251 Maximum bumper heights.—
 2438         (2) “New motor vehicles” as defined in s. 319.001 s.
 2439  319.001(9), “antique automobiles” as defined in s. 320.08,
 2440  “horseless carriages” as defined in s. 320.086, and “street
 2441  rods” as defined in s. 320.0863 shall be excluded from the
 2442  requirements of this section.
 2443         Section 62. Subsection (19) of section 501.976, Florida
 2444  Statutes, is amended to read:
 2445         501.976 Actionable, unfair, or deceptive acts or
 2446  practices.—It is an unfair or deceptive act or practice,
 2447  actionable under the Florida Deceptive and Unfair Trade
 2448  Practices Act, for a dealer to:
 2449         (19) Fail to disclose damage to a new motor vehicle, as
 2450  defined in s. 319.001 s. 319.001(9), of which the dealer had
 2451  actual knowledge, if the dealer’s actual cost of repairs exceeds
 2452  the threshold amount, excluding replacement items.
 2453  
 2454  In any civil litigation resulting from a violation of this
 2455  section, when evaluating the reasonableness of an award of
 2456  attorney’s fees to a private person, the trial court shall
 2457  consider the amount of actual damages in relation to the time
 2458  spent.
 2459         Section 63. Subsection (1) of section 655.960, Florida
 2460  Statutes, is amended to read:
 2461         655.960 Definitions; ss. 655.960-655.965.—As used in this
 2462  section and ss. 655.961-655.965, unless the context otherwise
 2463  requires:
 2464         (1) “Access area” means any paved walkway or sidewalk which
 2465  is within 50 feet of any automated teller machine. The term does
 2466  not include any street or highway open to the use of the public,
 2467  as defined in s. 316.003(84)(a) or (b) s. 316.003(81)(a) or (b),
 2468  including any adjacent sidewalk, as defined in s. 316.003.
 2469         Section 64. Subsection (5) of section 856.015, Florida
 2470  Statutes, is amended to read:
 2471         856.015 Open house parties.—
 2472         (5) If a violation of subsection (2) causes or contributes
 2473  to causing serious bodily injury, as defined in s. 316.003
 2474  316.1933, or death to the minor, or if the minor causes or
 2475  contributes to causing serious bodily injury or death to another
 2476  as a result of the minor’s consumption of alcohol or drugs at
 2477  the open house party, the violation is a misdemeanor of the
 2478  first degree, punishable as provided in s. 775.082 or s.
 2479  775.083.
 2480         Section 65. This act shall take effect July 1, 2019.

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