The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Transportation
BILL: SB 914
INTRODUCER: Senator Harrell
SUBJECT: Department of Highway Safety and Motor Vehicles
DATE: January 11, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Proctor Vickers TR Pre-meeting
2. ATD
3. AP
I. Summary:
SB 914 includes the following provisions:
Revises certain dates associated with the Department of Highway Safety and Motor
Vehicles’ (DHSMV) texting and driving annual report;
Requires an operator of a motor vehicle to provide proof of insurance upon the request of a
law enforcement officer;
Expands the existing Private Rebuilt Vehicle Inspection Program to Bay, Broward, Duval,
Escambia, Hillsborough, Leon, Manatee, Marion, Orange, Palm Beach, and Volusia
counties;
Provides a fee exemption for a surviving spouse transferring a motor vehicle title into their
name when only the deceased spouse is named on the title;
Provides that charter buses are apportionable vehicles subject to the requirements of the
International Registration Plan;
Prohibits individuals who have registration stops associated with toll violations from either
renewing their registration or replacing their license plate until satisfying the toll violation;
Requires mobile home and recreational vehicle dealers, manufacturers, distributors, and
importers to deliver to the DHSMV copies of renewed, continued, changed, or new insurance
policies, surety bonds, or irrevocable letters of credit within a specified time period; and
Revises certain minimum insurance requirements for commercial vehicles that carry
passengers to comply with federal requirements.
The bill may have an indeterminate fiscal impact. See Section V. Fiscal Impact Statement.
The bill has an effective date of July 1, 2022.
REVISED: BILL: SB 914 Page 2
II. Present Situation:
Texting and Driving Annual Report
When a law enforcement officer issues a citation for operating a motor vehicle while using a
wireless communications device, the law enforcement officer must record the race and ethnicity
of the violator. All law enforcement agencies must maintain such information and report the
information to the DHSMV in a form and manner determined by the DHSMV. Beginning
February 1, 2020, the DHSMV is required to annually report the data collected to the Governor,
the President of the Senate, and the Speaker of the House of Representatives. The data collected
must be reported at least by statewide totals for local law enforcement agencies, state law
enforcement agencies, and state university law enforcement agencies. The statewide total for
local law enforcement agencies must combine the data for the county sheriffs and the municipal
law enforcement agencies.
1
Proof of Insurance to Law Enforcement
Florida law states that a law enforcement officer may only ask for proof of insurance if the
operator of the vehicle is also the owner or registrant of the vehicle.
2
The DHSMV has stated the
current statute has significant impacts to the Florida Highway Patrol’s operational procedures
and enforcement.
3
Privatized Rebuilt Vehicle Inspection Program
The 2013 Florida Legislature created section 319.141, F.S., for the implementation of a Pilot
Rebuilt Motor Vehicle Inspection Program. The DHSMV was required to set standards and
certify private sector inspection facilities in Miami-Dade and Hillsborough counties by October
1, 2013. The surety bond amount for the Pilot Rebuilt Motor Vehicle Inspection Program facility
operators was set at $50,000. The program was to evaluate alternatives for rebuilt inspection
services to be offered by the private sector, including the feasibility of using private facilities, the
cost impact to consumers, and the potential savings to DHSMV. The DHSMV was required to
submit a report to the President of the Senate and the Speaker of the House of Representatives
providing the results of the pilot program by February 1, 2015.
4
The 2015 Florida Legislature revised s. 319.141, F.S., defining the term “rebuilt inspection
services” and providing that by July 1, 2015, the DHSMV must oversee a pilot program in
Miami Dade County. The surety bond amount for the Pilot Rebuilt Motor Vehicle Inspection
Program facility operators was increased from $50,000 to $100,000, and the facility operator was
required to secure and maintain a facility at a permanent structure at an address recognized by
the United States Postal Service where the only services provided at the facility are rebuilt
inspection services. The operator of the facility was further required to annually attest that they
are not employed by or have an ownership interest or other financial arrangement with the
1
Section 316.305(5), F.S.
2
Section 316.646(2), F.S.
3
Department of Highway Safety and Motor Vehicles, 2022 Legislative Bill Analysis for SB 914, (December 29, 2021), p. 6
(on file in the Senate Committee on Transportation).
4
Chapter 2013-160, s. 21, Laws of Fla. BILL: SB 914 Page 3
owner, operator, manager, or employee of a motor vehicle repair shop, motor vehicle dealer,
towing company, vehicle storage, vehicle auction, insurance company, salvage yard, metal
retailer or metal rebuilder to prohibit the facility operator from receiving kickbacks from the
entities for referring customers for rebuilt title inspection services. Participants in the program
were required to maintain records of each rebuilt vehicle examination processed at the facility for
at least five years, and the DHSMV was required to immediately terminate any operator from the
pilot program who did not meet the minimum requirements. Prior to a change in ownership of a
rebuilt inspection facility, the current operator was required to give the DHSMV a 45 day written
notice of the intended sale. The prospective owner was required to meet the eligibility
requirements and execute a new memorandum of understanding with DHSMV prior to operating
the facility. The revised section of law was repealed on July 1, 2018.
5
The 2019 Florida Legislature reenacted s. 319.141, F.S., implementing the Private Rebuilt
Vehicle Inspection Program (PRVIP) in Miami-Dade for rebuilt inspection services offered by
the private sector.
6
There are 14 PRVIP Facilities operating under this section of the law in
Miami-Dade County.
7
Since the implementation of the PRVIP a large number of rebuilt inspections previously
conducted at the DHSMV Opa-locka Regional office have shifted to the PRVIPs.
8
There has been a steady increase of the number of rebuilt inspections conducted at the PRVIP
locations. Although the PRVIP is limited under s. 319.141, F.S., to provide privatized rebuilt
inspections services in Miami-Dade County only, it has provided services to meet customer
demand statewide; however, customers must travel from various counties to Miami-Dade where
the PRVIP facilities are authorized.
During fiscal year 2020-2021, the PRVIP facilities conducted 69,261 rebuilt inspections which
represents 81 percent of the 85,751 inspections conducted statewide.
9
Surviving Spouse Title Transfer
Section 319.32, F.S, provides the fees, service charges, and disposition of funds for certificates
of title. The DHSMV charges a $70 fee for each original and duplicate certificate of title, except
for motor vehicles for hire
10
, which are $49, and $2 for each salvage certificate of title. The
DHSMV also charges $2 to note a lien on the certificate, $1 to cover the cost of materials, and
$2.50 for shipping and handling. Additionally, there is a $4.25 service charge for each certificate
of title application.
The $70 fee is distributed between the State Transportation Trust Fund and the General Revenue
Fund, excluding $1 that is deposited into the Highway Safety Operating Trust Fund to fund the
5
Chapter 2015-163, s. 6, Laws of Fla.
6
Chapter 2019-169, s. 5, Laws of Fla.
7
Supra FN 3, p. 2.
8
Ibid.
9
Ibid.
10
Vehicles registered under s. 320.08(6), F.S. BILL: SB 914 Page 4
DHSMV’s efforts to prevent and detect odometer fraud.
11
The DHSMV or the tax collector who
processes the application retains the $4.25 service charge.
12
Additionally, expedited service for title transfers, issuances, duplicates, and recordation of liens
is an option available for a $10 fee. If requested, expedited service ensures the title is issued
within five working days after receipt of the application.
13
The 2017 Florida Legislature revised s. 319.32(7), F.S., prohibiting the DHSMV and tax
collectors from charging a fee, except for the expedited title fee, if applicable, for removing a
deceased spouse from a motor vehicle title when the co-owner is the surviving spouse, however,
this exemption does not apply when only the deceased spouse is named on the title.
14
In order for a surviving spouse to receive title to a motor vehicle that was owned by the deceased
spouse, he or she must present an application and an original or certified copy of a death
certificate and a copy of the marriage certificate unless the name of the surviving spouse is
shown on the death certificate.
15
Registration of Charter Buses
The International Registration Plan (IRP) is a reciprocity agreement among states of the U.S., the
District of Columbia and provinces of Canada which recognizes the registration of commercial
motor vehicles registered by other jurisdictions. It provides for payment of apportioned licensing
fees based on the total distance operated in all member jurisdictions.
16
The current definition of an apportionable vehicle excludes buses used in transportation of
chartered parties (charter buses).
17
A ballot was passed by the IRP membership, effective
January 1, 2016, that removes the charter bus exemption from the IRP definition of
apportionable vehicle.
18
Therefore, the current statutory definition of an apportionable vehicle is
inconsistent with the IRP definition.
Vehicle Registration/Toll Stop
Any governmental entity, including, without limitation, a clerk of court, has statutory authority
to submit to the DHSMV a registration stop (also known as a toll stop) for individuals who have
11
Sections 319.32(5) and 319.324, F.S.; Section 319.32(5), F.S., provides that $47 of each fee collected for an original or
duplicate certificate of title is deposited into the State Transportation Trust Fund, which may receive up to $200 million in
any fiscal year. The remainder of the fee and any fees in excess of the $200 million are deposited into the General Revenue
Fund.
12
Section 319.32(2)(b), F.S.
13
Section 319.323, F.S.
14
Chapter 2017-89, Laws of Fla.
15
Department of Highway Safety and Motor Vehicles, Application for Surviving Spouse Transfer of Florida Certificate of
Title for a Motor Vehicle (July 2017), https://www.flhsmv.gov/pdf/forms/82152.pdf (last visited January 3, 2022).
16
International Registration Plan, Inc., Motor Carrier FAQs, https://www.irponline.org/ (last visited January 7, 2022).
17
Section 320.01(24), F.S.
18
International Registration Plan, Inc., Charter Buses to be Covered by IRP Jan. 1, 2016 (April 17, 2015),
https://cdn.ymaws.com/www.irponline.org/resource/resmgr/education_training/charter_comm_4.17.15.pdf (last visited
January 3, 2022); Supra FN 3, p. 3. BILL: SB 914 Page 5
failed to pay a toll or have not complied with toll fines.
19
Current law prohibits those individuals
from renewing or otherwise extending the registration period of a motor vehicle registration
(license plate), however it allows for them to process a license plate replacement where the
individual receives a new plate with a different configuration that is not tied to the toll stop,
therefore allowing them to circumvent the process.
The current count of motor vehicle toll stops in the DHSMV’s database is 1,236,137. Of those
698,692 are from the Central Florida Expressway Authority, 463,831 are from the Miami-Dade
Expressway Authority, 69,890 are from the Tampa Hillsborough Expressway Authority, 2,143
are from the Department of Transportation, and 1,397 are from the Orlando-Orange County
Expressway Authority (predecessor to the Central Florida Expressway Authority).
20
According to the DHSMV 3,713 registrations had their plates replaced via a “replace
registration” transaction in the last two years (10/28/2019 to 10/28/2021), while an open toll stop
existed, thus circumventing the toll stop process. Some plates had multiple toll violation stops -
3,877 in all.
21
Garage Liability Insurance and Surety Bond Requirements
Automotive repair shops, motor vehicle dealerships, towing companies, mobile home dealer,
recreational vehicle dealers, mobile home manufacturers, recreational vehicle manufacturers, and
service stations are required to have garage liability insurance or general liability insurance
coupled with a business automobile policy in order to ensure they have coverage for the day-to-
day operations of businesses in the automotive industry that are not covered under most
commercial or business liability insurance, including providing coverage for all dealer-owned
vehicles driven by prospective purchasers.
22
While the Florida law requires an applicant to provide at the time of licensure application proof
of the required coverage for the duration of the licensure period and again at the beginning of
each licensure renewal period, the statute does not cover the issue of a gap in coverage during the
licensure period for mobile home dealers, recreational vehicle dealers, mobile home
manufacturers, and recreational vehicle manufacturers. Gaps in coverage can, and do, occur as a
result of various actions – an applicant may cancel a policy in the middle of the term or the
insurer itself may cancel the policy in the middle of the term for nonpayment of the premium or
for other reasons.
This technicality may allow mobile home dealers, recreational vehicle dealers, mobile home
manufacturers, and recreational vehicle manufacturers to meet the requirement of proof of
coverage at the beginning of the licensure period but allow the coverage to lapse during the
licensure period and then reinstate coverage at the beginning of the next licensure period. The
cancellation and later reinstatement of a policy creates a gap wherein the applicant has no
insurance coverage. A gap in insurance coverage at any time during the licensure period has the
potential to result in direct consumer harm, as any vehicles taken for test drives or driven as
19
Section 320.03(8), F.S.
20
Supra FN 3, p. 4.
21
Supra FN 4, p. 3.
22
Section 320.27(3), F.S. BILL: SB 914 Page 6
program models, or any consumer-owned vehicles damaged while on the applicant’s lot, or any
other property or personal injury situations that would otherwise be covered under a garage
liability policy are not otherwise covered.
Before any license is issued or renewed to a mobile home dealer or a recreational vehicle dealer,
the applicant or licensee must deliver to the DHSMV a good and sufficient surety bond, cash
bond, or irrevocable letter of credit, executed by the applicant or licensee as principal. The bond
or irrevocable letter of credit must be in a form approved by the DHSMV and must be
conditioned upon the dealer’s complying with the conditions of any written contract made by the
dealer in connection with the sale, exchange, or improvement of any mobile home and not
violating any of the provisions of chapter 319 or chapter 320 in the conduct of the business for
which the dealer is licensed.
23
Annually, prior to the receipt of a license to manufacture mobile homes or manufacture,
distribute, or import recreational vehicles, the applicant or licensee shall submit a surety bond,
cash bond, or letter of credit from a financial institution, or a proper continuation certificate,
sufficient to assure satisfaction of claims against the licensee for failure to comply with
appropriate code standards, failure to provide warranty service, or violation of any provisions of
this section. The amount of the surety bond, cash bond, or letter of credit must be $50,000 for the
manufacture of mobile homes, and the amount of surety bond must be $10,000 per year to
manufacture, distribute, or import recreational vehicles. Only one surety bond, cash bond, or
letter of credit shall be required for each, regardless of the number of factory locations. The
surety bond, cash bond, or letter of credit must be to the DHSMV, in favor of any retail customer
who suffers a loss arising out of noncompliance with code standards or failure to honor or
provide warranty service. The DHSMV may disapprove any bond or letter of credit that does not
provide appropriate assurances.
24
An application for a license must contain a statement that the applicant is insured under a garage
liability insurance policy, which must include, at a minimum, $25,000 combined single-limit
liability coverage, including bodily injury and property damage protection, and $10,000 personal
injury protection, if the applicant is to be licensed as a dealer in, or intends to sell, recreational
vehicles. However, a garage liability policy is not required for the licensure of a mobile home
dealer who sells only park trailers.
25
Currently, there is no required timeframe for mobile home dealers, recreational vehicle dealers,
mobile home manufacturers or recreational vehicle manufacturers, importers, and distributors to
submit their surety or cash bond or irrevocable letter of credit. Currently, there is no required
timeframe for recreational vehicle dealers to submit their garage liability insurance. The lack of
having a required timeframe consistently may result in these entities failing to submit proof of
their liability insurance or surety bonds and results in the DHSMV having to contact these
entities, sometimes repeatedly, to obtain this information. Failure to have garage liability
insurance or a surety bond submitted or remain continuous is a violation of Florida law and may
cause an entity to be uninsured, thereby exposing consumers and stakeholders to financial loss.
26
23
Sections 320.77(16) and 320.771(16), F.S.
24
Section 320.8225(5)(a) and 320.8225(5)(b), F.S.
25
Section 320.771(3)(j), F.S.
26
Supra FN 3, p. 5. BILL: SB 914 Page 7
Commercial Motor Vehicle Insurance
All commercial motor vehicles subject to regulations of the United States Department of
Transportation must be insured in an amount equivalent to the minimum levels of financial
responsibility as set forth in 49 C.F.R. Part 387.
27
The minimum levels currently provided in 49 C.F.R. Part 387, Subpart B, for-hire motor carriers
of passengers operating in interstate or foreign commerce are:
28
Florida law does not currently incorporate 49 C.F.R. Part 387, Subpart B, and is therefore not in
compliance.
III. Effect of Proposed Changes:
Texting and Driving Annual Report (Section 1)
The bill amends s. 316.305, F.S., to provide that law enforcement agencies must submit the
required information to DHSMV by April 1, and DHSMV must report statewide totals by July 1.
According to DHSMV, this revised schedule will allow for a more complete collection from law
enforcement agencies of all texting and driving data required to be included in the annual report.
The DHSMV will still report the texting and driving data on an annual basis once all data from
law enforcement agencies is received.
Proof of Insurance to Law Enforcement (Section 2)
The bill amends s. 316.646, F.S., to require any operator of a motor vehicle must provide proof
of insurance when requested by a law enforcement officer.
Privatized Rebuilt Vehicle Inspection Program (Section 3)
The bill amends s. 319.141, F.S., to expand the PRVIP to additional counties. The expansion
would expand private rebuilt inspection services to the following counties: Bay, Broward, Duval,
Escambia, Hillsborough, Leon, Manatee, Marion, Orange, Palm Beach, and Volusia. The
expanded program would be held to the established statutory requirements, policies, procedures,
and memorandum of understanding.
27
Section 627.7415(4), F.S.
28
80 FR 63709, Oct. 21, 2015, as amended at 83 FR 22876, May 17, 2018.
Vehicle Seating Capacity Minimum Limits
(1) Any vehicle with a seating capacity of 16 passengers or more,
including the driver
$5,000,000
(2) Any vehicle with a seating capacity of 15 passengers or less,
including the driver
$1,500,000 BILL: SB 914 Page 8
Surviving Spouse Title Transfer (Section 4)
The bill amends s. 319.32, F.S., to expand the fee exemption for a surviving spouse transferring a
title into their name when only the deceased spouse is named on the title, except for the
expedited title fee, if applicable.
Registration of Charter Buses (Section 5)
The bill amends s. 320.01, F.S., to remove a charter bus as a vehicle exempt from the definition
of an apportionable vehicle to comply with the revised requirements of the International
Registration Plan.
Vehicle Registration/Toll Stop (Section 6)
The bill amends s. 320.03, F.S., so individuals who have toll stops on their registration may not
renew or replace their vehicle registration and license plate until satisfying the toll stop. This is
intended to deter individuals from circumventing the current requirements and avoiding the
payment of toll fees.
Garage Liability Insurance and Surety Bond Requirements (Sections 7-9)
The bill amends ss. 320.77, 320.771, and 320.8225, F.S., to require mobile home and RV
dealers, manufacturers, distributors, and importers to deliver to the DHSMV copies of renewed,
continued, changed, or new insurance policies, surety bonds, or irrevocable letters of credit
within 10 days after any renewal, continuation, change, or new issuance of the same, ensuring
continuous insurance coverage.
Commercial Motor Vehicle Insurance (Section 10)
The bill amends s. 627.7415, F.S., to include a reference to 49 C.F.R. Part 387, Subpart B, which
prescribes minimum insurance requirements for commercial vehicles that carry passengers. This
provision would allow enforcement of federal insurance requirements for buses and other
commercial vehicles that carry passengers.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None. BILL: SB 914 Page 9
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Expanding the PRVIP to Bay, Broward, Duval, Escambia, Hillsborough, Leon, Manatee,
Marion, Orange, Palm Beach, and Volusia counties may have a positive indeterminate
impact on business opportunities for residents in those counties, and simultaneously it
may have a negative indeterminate impact on PRVIP operators in Miami-Dade County as
vehicles may be inspected at locations in counties closer the registered owner’s location.
Surviving spouses transferring a vehicle title into their name when only the deceased
spouse is named on the title, except for the expedited title fee, will be exempt from the
$70 transfer fee.
Prohibiting individuals who have toll stops from replacing their vehicle registration and
license plate until satisfying the toll stop, will require payment of toll fees and fines that
are otherwise avoided by registered owner of a vehicle.
Mobile home and RV dealers, manufacturers, distributors, and importers may incur
insignificant expenses associated with delivering to the DHSMV copies of renewed,
continued, changed, or new insurance policies or surety bonds.
C. Government Sector Impact:
Removing a charter bus as a vehicle exempt from the definition of an apportionable
vehicle to comply with the requirements of the International Registration Plan may have
an indeterminate, though likely insignificant, negative fiscal impact to the DHSMV, as
registration fees will be apportioned between the states they operate within.
Prohibiting individuals who have toll stops from replacing their vehicle registration and
license plate until satisfying the toll stop, may result in an increase payment of toll fees
and fines that are otherwise avoided by the registered owner of a vehicle. This may result
in an indeterminate positive fiscal impact to the state and impacted toll authorities.
Allowing a surviving spouse to transfer a vehicle title into their name when only the
deceased spouse is named on the title without the payment of a title transfer fee, may BILL: SB 914 Page 10
have an indeterminate negative fiscal impact on tax collectors, the Highway Safety
Operating Trust Fund, the State Transportation Trust Fund and the General Revenue
Fund.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 316.305, 316.646,
319.141, 319.32, 320.01, 320.03, 320.77, 320.771, 320.8225, and 627.7415.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.