Florida Senate - 2022 SB 914 By Senator Harrell 25-00917D-22 2022914__ 1 A bill to be entitled 2 An act relating to the Department of Highway Safety 3 and Motor Vehicles; amending s. 316.305, F.S.; 4 requiring law enforcement agencies to annually report 5 race and ethnicity data of certain violators to the 6 department; revising the date by which the department 7 must begin annually reporting such data to the 8 Governor and the Legislature; amending s. 316.646, 9 F.S.; deleting a precondition to a requirement that 10 the operator of a motor vehicle display proof of 11 maintenance of security to a law enforcement officer 12 or certain other persons; amending s. 319.141, F.S.; 13 extending the date by which the department must 14 implement a rebuilt motor vehicle inspection program; 15 adding counties where the program must be implemented; 16 deleting an obsolete provision; amending s. 319.32, 17 F.S.; prohibiting the department and a tax collector 18 from charging fees or service charges, except a 19 certain fee, under certain circumstances; amending s. 20 320.01, F.S.; revising the definition of the term 21 apportionable vehicle; amending s. 320.03, F.S.; 22 revising applicability; amending s. 320.77, F.S.; 23 requiring licensed mobile home dealers to deliver 24 certain documents to the department within a certain 25 timeframe; amending s. 320.771, F.S.; specifying the 26 required term of a certain garage liability insurance 27 policy; requiring licensed recreational vehicle 28 dealers to deliver certain documents to the department 29 within a certain timeframe; amending s. 320.8225, 30 F.S.; requiring licensed mobile home manufacturers and 31 recreational vehicle manufacturers, distributors, and 32 importers to submit certain documents to the 33 department within a certain timeframe; amending s. 34 627.7415, F.S.; requiring that certain commercial 35 motor vehicles meet certain federal financial 36 responsibility requirements; providing an effective 37 date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1.Subsection (5) of section 316.305, Florida 42 Statutes, is amended to read: 43 316.305Wireless communications devices; prohibition. 44 (5)When a law enforcement officer issues a citation for a 45 violation of this section, the law enforcement officer must 46 record the race and ethnicity of the violator. All law 47 enforcement agencies must maintain such information and report 48 the information to the department by April 1 annually in a form 49 and manner determined by the department. Beginning July 1, 2023 50 February 1, 2020, the department shall annually report the data 51 collected under this subsection to the Governor, the President 52 of the Senate, and the Speaker of the House of Representatives. 53 The data collected must be reported at least by statewide totals 54 for local law enforcement agencies, state law enforcement 55 agencies, and state university law enforcement agencies. The 56 statewide total for local law enforcement agencies shall combine 57 the data for the county sheriffs and the municipal law 58 enforcement agencies. 59 Section 2.Subsection (2) of section 316.646, Florida 60 Statutes, is amended to read: 61 316.646Security required; proof of security and display 62 thereof. 63 (2)If, upon a comparison of the vehicle registration 64 certificate or other evidence of registration or ownership with 65 the operators driver license or other evidence of personal 66 identity, it appears to a law enforcement officer or other 67 person authorized to issue traffic citations that the operator 68 is also the owner or registrant of the vehicle, Upon the demand 69 of a the law enforcement officer or other person authorized to 70 issue traffic citations, the operator shall display proper proof 71 of maintenance of security as specified by subsection (1). 72 Section 3.Subsections (2) and (10) of section 319.141, 73 Florida Statutes, are amended to read: 74 319.141Rebuilt motor vehicle inspection program. 75 (2)By October 1, 2022 2019, the department shall implement 76 a program in Bay, Broward, Duval, Escambia, Hillsborough, Leon, 77 Manatee, Marion, Miami-Dade, Orange, Palm Beach, and Volusia 78 Counties County for rebuilt inspection services offered by 79 private sector participants. 80 (10)On or before July 1, 2021, the department shall submit 81 a written report to the President of the Senate and the Speaker 82 of the House of Representatives evaluating the effectiveness of 83 the program and whether to expand the program to other counties. 84 Section 4.Subsection (7) of section 319.32, Florida 85 Statutes, is amended to read: 86 319.32Fees; service charges; disposition. 87 (7)Notwithstanding any other provision of this section, 88 the department and tax collector may not charge any fee or 89 service charge, except for the expedited title fee, if 90 applicable:, 91 (a)For a certificate of title issued for a motor vehicle 92 solely to remove a deceased co-owner from a title registered in 93 the names of two persons if the other co-owner is the surviving 94 spouse; or 95 (b)To issue a certificate of title solely to change the 96 ownership of a motor vehicle from a deceased spouses name to 97 the surviving spouses name. 98 Section 5.Subsection (24) of section 320.01, Florida 99 Statutes, is amended to read: 100 320.01Definitions, general.As used in the Florida 101 Statutes, except as otherwise provided, the term: 102 (24)Apportionable vehicle means any vehicle, except 103 recreational vehicles, vehicles displaying restricted plates, 104 city pickup and delivery vehicles, buses used in transportation 105 of chartered parties, and government-owned vehicles, which is 106 used or intended for use in two or more member jurisdictions 107 that allocate or proportionally register vehicles and which is 108 used for the transportation of persons for hire or is designed, 109 used, or maintained primarily for the transportation of property 110 and: 111 (a)Is a power unit having a gross vehicle weight in excess 112 of 26,000 pounds; 113 (b)Is a power unit having three or more axles, regardless 114 of weight; or 115 (c)Is used in combination, when the weight of such 116 combination exceeds 26,000 pounds gross vehicle weight. 117 118 Vehicles, or combinations thereof, having a gross vehicle weight 119 of 26,000 pounds or less and two-axle vehicles may be 120 proportionally registered. 121 Section 6.Subsection (8) of section 320.03, Florida 122 Statutes, is amended to read: 123 320.03Registration; duties of tax collectors; 124 International Registration Plan. 125 (8)If the applicants name appears on the list referred to 126 in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s. 127 713.78(13), a license plate or revalidation sticker may not be 128 issued until that persons name no longer appears on the list or 129 until the person presents a receipt from the governmental entity 130 or the clerk of court that provided the data showing that the 131 fines outstanding have been paid. This subsection does not apply 132 to the owner of a leased vehicle if the vehicle is registered in 133 the name of the lessee of the vehicle. The tax collector and the 134 clerk of the court are each entitled to receive monthly, as 135 costs for implementing and administering this subsection, 10 136 percent of the civil penalties and fines recovered from such 137 persons. As used in this subsection, the term civil penalties 138 and fines does not include a wrecker operators lien as 139 described in s. 713.78(13). If the tax collector has private tag 140 agents, such tag agents are entitled to receive a pro rata share 141 of the amount paid to the tax collector, based upon the 142 percentage of license plates and revalidation stickers issued by 143 the tag agent compared to the total issued within the county. 144 The authority of any private agent to issue license plates shall 145 be revoked, after notice and a hearing as provided in chapter 146 120, if he or she issues any license plate or revalidation 147 sticker contrary to the provisions of this subsection. This 148 section applies both only to the annual renewal in the owners 149 birth month of a motor vehicle registration and the replacement 150 of the motor vehicle registration or license plate, but does not 151 apply to the transfer of a registration of a motor vehicle sold 152 by a motor vehicle dealer licensed under this chapter, except 153 for the transfer of registrations which includes the annual 154 renewals. This section does not affect the issuance of the title 155 to a motor vehicle, notwithstanding s. 319.23(8)(b). 156 Section 7.Paragraph (a) of subsection (16) of section 157 320.77, Florida Statutes, is amended to read: 158 320.77License required of mobile home dealers. 159 (16)SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF 160 CREDIT REQUIRED. 161 (a)Before any license shall be issued or renewed, the 162 applicant or licensee shall deliver to the department a good and 163 sufficient surety bond, cash bond, or irrevocable letter of 164 credit, executed by the applicant or licensee as principal. 165 Within 10 calendar days after any renewal or continuation of or 166 material change in such surety bond, cash bond, or irrevocable 167 letter of credit or issuance of a new surety bond, a licensee 168 shall deliver to the department, in a manner prescribed by the 169 department, a copy of the renewed, continued, changed, or new 170 surety bond, cash bond, or irrevocable letter of credit. The 171 bond or irrevocable letter of credit shall be in a form to be 172 approved by the department and shall be conditioned upon the 173 dealers complying with the conditions of any written contract 174 made by the dealer in connection with the sale, exchange, or 175 improvement of any mobile home and his or her not violating any 176 of the provisions of chapter 319 or this chapter in the conduct 177 of the business for which the dealer is licensed. The bond or 178 irrevocable letter of credit shall be to the department and in 179 favor of any retail customer who shall suffer any loss as a 180 result of any violation of the conditions contained in this 181 section. The bond or irrevocable letter of credit shall be for 182 the license period, and a new bond or irrevocable letter of 183 credit or a proper continuation certificate shall be delivered 184 to the department at the beginning of each license period. 185 However, the aggregate liability of the surety in any one 186 license year shall in no event exceed the sum of such bond, or, 187 in the case of a letter of credit, the aggregate liability of 188 the issuing bank shall not exceed the sum of the credit. The 189 amount of the bond required shall be as follows: 190 1.A single dealer who buys, sells, or deals in mobile 191 homes and who has four or fewer supplemental licenses shall 192 provide a surety bond, cash bond, or irrevocable letter of 193 credit executed by the dealer applicant or licensee in the 194 amount of $25,000. 195 2.A single dealer who buys, sells, or deals in mobile 196 homes and who has more than four supplemental licenses shall 197 provide a surety bond, cash bond, or irrevocable letter of 198 credit executed by the dealer applicant or licensee in the 199 amount of $50,000. 200 201 For the purposes of this paragraph, any person who buys, sells, 202 or deals in both mobile homes and recreational vehicles shall 203 provide the same surety bond required of dealers who buy, sell, 204 or deal in mobile homes only. 205 Section 8.Paragraph (j) of subsection (3) and paragraph 206 (a) of subsection (16) of section 320.771, Florida Statutes, are 207 amended to read: 208 320.771License required of recreational vehicle dealers. 209 (3)APPLICATION.The application for such license shall be 210 in the form prescribed by the department and subject to such 211 rules as may be prescribed by it. The application shall be 212 verified by oath or affirmation and shall contain: 213 (j)Evidence A statement that the applicant is insured 214 under a garage liability insurance policy, which shall include, 215 at a minimum, $25,000 combined single-limit liability coverage, 216 including bodily injury and property damage protection, and 217 $10,000 personal injury protection, if the applicant is to be 218 licensed as a dealer in, or intends to sell, recreational 219 vehicles. Such policy must be for the license period. Within 10 220 calendar days after any renewal or continuation of or material 221 change in such policy or issuance of a new policy, the licensee 222 shall deliver to the department, in a manner prescribed by the 223 department, a copy of such renewed, continued, changed, or new 224 policy. However, a garage liability policy is not required for 225 the licensure of a mobile home dealer who sells only park 226 trailers. 227 228 The department shall, if it deems necessary, cause an 229 investigation to be made to ascertain if the facts set forth in 230 the application are true and shall not issue a license to the 231 applicant until it is satisfied that the facts set forth in the 232 application are true. 233 (16)BOND. 234 (a)Before any license shall be issued or renewed, the 235 applicant shall deliver to the department a good and sufficient 236 surety bond, executed by the applicant as principal and by a 237 surety company qualified to do business in the state as surety. 238 Within 10 calendar days after any renewal or continuation of or 239 material change in such surety bond or issuance of a new surety 240 bond, a licensee shall deliver to the department, in a manner 241 prescribed by the department, a copy of such renewed, continued, 242 changed, or new surety bond. The bond shall be in a form to be 243 approved by the department and shall be conditioned upon the 244 dealers complying with the conditions of any written contract 245 made by that dealer in connection with the sale, exchange, or 246 improvement of any recreational vehicle and his or her not 247 violating any of the provisions of chapter 319 or this chapter 248 in the conduct of the business for which he or she is licensed. 249 The bond shall be to the department and in favor of any retail 250 customer who shall suffer any loss as a result of any violation 251 of the conditions hereinabove contained. The bond shall be for 252 the license period, and a new bond or a proper continuation 253 certificate shall be delivered to the department at the 254 beginning of each license period. However, the aggregate 255 liability of the surety in any one license year shall in no 256 event exceed the sum of such bond. The amount of the bond 257 required shall be as follows: 258 1.A single dealer who buys, sells, or deals in 259 recreational vehicles and has four or fewer supplemental 260 licenses shall provide a surety bond in the amount of $10,000. 261 2.A single dealer who buys, sells, or deals in 262 recreational vehicles and who has more than four supplemental 263 licenses shall provide a surety bond in the amount of $20,000. 264 265 For the purposes of this paragraph, any person who buys, sells, 266 or deals in both mobile homes and recreational vehicles shall 267 provide the same surety bond required of dealers who buy, sell, 268 or deal in mobile homes only. 269 Section 9.Paragraphs (a) and (b) of subsection (5) of 270 section 320.8225, Florida Statutes, are amended to read: 271 320.8225Mobile home and recreational vehicle manufacturer, 272 distributor, and importer license. 273 (5)REQUIREMENT OF ASSURANCE. 274 (a)Annually, prior to the receipt of a license to 275 manufacture mobile homes, the applicant or licensee shall submit 276 a surety bond, cash bond, or letter of credit from a financial 277 institution, or a proper continuation certificate, sufficient to 278 assure satisfaction of claims against the licensee for failure 279 to comply with appropriate code standards, failure to provide 280 warranty service, or violation of any provisions of this 281 section. The amount of the surety bond, cash bond, or letter of 282 credit must be $50,000. Only one surety bond, cash bond, or 283 letter of credit shall be required for each manufacturer, 284 regardless of the number of factory locations. The surety bond, 285 cash bond, or letter of credit must be to the department, in 286 favor of any retail customer who suffers a loss arising out of 287 noncompliance with code standards or failure to honor or provide 288 warranty service. The department may disapprove any bond or 289 letter of credit that does not provide assurance as provided in 290 this section. Within 10 calendar days after any renewal or 291 continuation of or material change in such surety bond, cash 292 bond, or letter of credit or issuance of a new surety bond, cash 293 bond, or letter of credit, a licensee shall deliver to the 294 department, in a manner prescribed by the department, a copy of 295 such renewed, continued, changed, or new surety bond, cash bond, 296 or letter of credit. 297 (b)Annually, prior to the receipt of a license to 298 manufacture, distribute, or import recreational vehicles, the 299 applicant or licensee shall submit a surety bond, or a proper 300 continuation certificate, sufficient to assure satisfaction of 301 claims against the licensee for failure to comply with 302 appropriate code standards, failure to provide warranty service, 303 or violation of any provisions of this section. The amount of 304 the surety bond must be $10,000 per year. The surety bond must 305 be to the department, in favor of any retail customer who 306 suffers loss arising out of noncompliance with code standards or 307 failure to honor or provide warranty service. The department may 308 disapprove any bond that does not provide assurance as provided 309 in this section. Within 10 calendar days after any renewal or 310 continuation of or material change in such surety bond or 311 issuance of a new surety bond, a licensee shall deliver to the 312 department, in a manner prescribed by the department, a copy of 313 such renewed, continued, changed, or new surety bond. 314 Section 10.Subsection (4) of section 627.7415, Florida 315 Statutes, is amended to read: 316 627.7415Commercial motor vehicles; additional liability 317 insurance coverage.Commercial motor vehicles, as defined in s. 318 207.002 or s. 320.01, operated upon the roads and highways of 319 this state shall be insured with the following minimum levels of 320 combined bodily liability insurance and property damage 321 liability insurance in addition to any other insurance 322 requirements: 323 (4)All commercial motor vehicles subject to regulations of 324 the United States Department of Transportation, 49 C.F.R. part 325 387, subparts subpart A and B, and as may be hereinafter 326 amended, shall be insured in an amount equivalent to the minimum 327 levels of financial responsibility as set forth in such 328 regulations. 329 330 A violation of this section is a noncriminal traffic infraction, 331 punishable as a nonmoving violation as provided in chapter 318. 332 Section 11.This act shall take effect July 1, 2022.