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 Appropriations Subcommittee on Transportation, Tourism, and Economic
Development
BILL: SB 914
INTRODUCER: Senator Harrell
SUBJECT: Department of Highway Safety and Motor Vehicles
DATE: February 1, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Proctor Vickers TR Favorable
2. Wells Hrdlicka ATD Favorable
3. AP
I. Summary:
SB 914 makes the following revisions relating to the Department of Highway Safety and Motor
Vehicles (DHSMV):
Revises certain dates associated with the texting and driving annual report of the DHSMV;
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 solely 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 registrations or replacing their license plates 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 or cash 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 is effective 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 this
limitation impacts the Florida Highway Patrol’s ability to enforce the requirement to have
insurance.
3
Privatized Rebuilt Vehicle Inspection Program
The 2013 Florida Legislature created s. 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 the 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 were rebuilt
inspection services. The operator of the facility was further required to annually attest that they
were not employed by or had 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 Agency 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 the 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 County for rebuilt inspection services
offered by the private sector.
6
There are 14 PRVIP facilities currently operating in Miami-Dade
County.
7
There has been a steady increase of the number of rebuilt inspections conducted at the PRVIP
locations. 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
Although the PRVIP is limited under s. 319.141, F.S., to provide privatized rebuilt inspections
services in Miami-Dade County only, these facilities have provided services to meet customer
demand statewide; however, customers must travel from various counties to Miami-Dade County
where the PRVIP facilities are authorized and operating.
During Fiscal Year 2020-2021, the PRVIP facilities in Miami-Dade County 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, sets forth the fees, service charges, and disposition of funds for certificates
of title. Generally the fee for each original and duplicate certificate of title is $70, with an extra
$2 to note a lien on the certificate, $1 to cover the cost of materials, and $2.50 for shipping and
handling.
10
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
Department of Highway Safety and Motor Vehicles, 2022 Agency Legislative Bill Analysis for SB 914, p. 2.
8
Ibid.
9
Ibid.
10
Vehicles for hire (those registered under s. 320.08(6), F.S.) pay a $49 fee for title certificates; salvage certificates are $2;
and lienholder assignments are $3. Vehicles previously registered outside the stat pay an additional $10 fee. 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.
14
Current
law does not allow the exemption to be applied when only the deceased spouse is named on the
title and the surviving spouse is applying to change the title. In order for a surviving spouse to
receive title to a motor vehicle that was only titled in 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, which removes the charter bus exemption from the IRP definition of
apportionable vehicle.
18
Therefore, the current Florida 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 13, 2022).
16
International Registration Plan, Inc., Motor Carrier FAQs, http://www.irponline.org/ (last visited January 13, 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 13, 2022); Department of Highway Safety and Motor Vehicles, 2022 Agency Legislative Bill Analysis for SB 914,
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,
thereby allowing them to circumvent the process.
20
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). Some plates
had multiple toll violation stops – 3,877 in all.
21
According to the DHSMV over the last two years 3,713 registrations had their plates replaced via
a “replace registration” transaction while an open toll stop existed (10/28/2019 to 10/28/2021),
thus circumventing the toll stop process.
22
Garage Liability Insurance
Specifically motor vehicle dealerships and recreational vehicle dealers are required to have
garage liability insurance or general liability insurance coupled with a business automobile
policy. This ensures that 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 insurances,
including providing coverage for all dealer-owned vehicles driven by prospective purchasers.
23
Florida law requires a motor vehicles dealers to provide proof of coverage and a recreational
vehicle dealer to provide a statement that it has coverage for the duration of the licensure period
when it makes its licensure application and then again at the beginning of each renewal period.
Motor vehicle dealers are specifically required to notify the DHSMV of any renewal or
continuation of or change in the policy within 10 calendar days.
However, for recreational vehicle dealers the statute does not require any notification to the
DHSMV of any material change in policy coverage and thus does not address the issue of a gap
in coverage during the licensure period. 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 other reasons.
This technicality may allow these dealers to meet the requirement of proof of coverage at the
beginning of the licensure period, 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
19
Section 320.03(8), F.S.
20
Department of Highway Safety and Motor Vehicles, 2022 Agency Legislative Bill Analysis for SB 914, p. 3.
21
Information on file with the Senate Transportation Committee.
22
Id. and Department of Highway Safety and Motor Vehicles, 2022 Agency Legislative Bill Analysis for SB 914, p. 3.
23
See ss. 320.27(3) and 320.771(3)(j), F.S. BILL: SB 914 Page 6
consumer harm, as any vehicles taken for test drives or driven as program models, 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. Failure to have the proper insurance 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.
24
Surety Bond Requirements
Before any license is issued or renewed to a mobile home or a recreational vehicle dealer,
manufacturer, distributor, or importer 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 and in a form approved by the DHSMV.
25
Before a license can be issued or renewed, the applicant or licensee must 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
the applicable statute in ch. 320, F.S. 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 such failures. The
DHSMV may disapprove any bond or letter of credit that does not provide appropriate
assurances. Licensees must notify the DHSMV if the bond or irrevocable letter of credit is
cancelled.
26
Currently, there is no required timeframe for to a mobile home or a recreational vehicle dealer,
manufacturer, distributor, or importer to submit its surety or cash bond or irrevocable letter of
credit to the DHSMV. 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 a bond or irrevocable letter of credit submitted or remain continuous is a
violation of Florida law and may expose consumers and stakeholders to financial loss.
27
Commercial Motor Vehicle Insurance
All commercial motor vehicles subject to regulations of the U.S. 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.
28
The federal law sets forth minimum limits for coverage for for-hire
motor carriers of passengers and household goods, fleet vehicles, transit service providers, and
24
Department of Highway Safety and Motor Vehicles, 2022 Agency Legislative Bill Analysis for SB 914, p. 4.
25
Sections 320.77(16), 320.771(16), and 320.8225(5), F.S.
26
Id.
27
Department of Highway Safety and Motor Vehicles, 2022 Agency Legislative Bill Analysis for SB 914, p. 4.
28
Section 627.7415(4), F.S. BILL: SB 914 Page 7
commodity transporters among others. For example the minimum levels currently provided
motor carriers of passengers operating in interstate or foreign commerce are:
29
Florida law does not currently incorporate 49 C.F.R. Part 387, Subpart B, and therefore is 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 the DHSMV annually by April 1 and the DHSMV must annually report
statewide totals by July 1. The first annual report is due July 1, 2023. According to the 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.
30
Proof of Insurance to Law Enforcement (Section 2)
The bill amends s. 316.646, F.S., to require any operator of a motor vehicle, as opposed to only
the owner, to 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. Beginning October
1, 2022, private rebuilt inspection services will be allowed in the following counties: Bay,
Broward, Duval, Escambia, Hillsborough, Leon, Manatee, Marion, Orange, Palm Beach, and
Volusia. The expanded program would still be implemented under the established statutory
requirements, policies, and procedures. The bill repeals an obsolete report by the DHSMV.
Surviving Spouse Title Transfer (Section 4)
The bill amends s. 319.32, F.S., to expand the exemption for title fees to a surviving spouse
transferring a title solely into his or her own name when only the deceased spouse is named on
the title, except for the expedited title fee, if applicable.
29
See 49 C.F.R. 387.33, 387.33T, 387.303, and 387.303T.
30
Department of Highway Safety and Motor Vehicles, 2022 Agency Legislative Bill Analysis for SB 914, p. 5.
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
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., to stop the practice of individuals who have toll stops on their
registrations of replacing their vehicle registrations and license plates. Such persons may not
renew or replace their vehicle registrations and license plates 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 (Section 8)
The bill amends s. 320.771, F.S., to require a recreational vehicle dealer to submit evidence,
instead of a statement, of insurance under a garage liability insurance policy. The policy must be
for the license period. The bill also requires the dealer to deliver to the DHSMV copies of
renewed, continued, changed, or new insurance policies within 10 days after the renewal,
continuation, or material change, ensuring continuous insurance coverage.
Surety Bond Requirements (Sections 7, 8, and 9)
The bill amends ss. 320.77, 320.771, and 320.8225, F.S., to require a mobile home or a
recreational vehicle dealer, manufacturer, distributor, or importer to deliver to the DHSMV a
copy of renewed, continued, changed, or new surety or cash bond or irrevocable letter of credit,
as applicable, within 10 days after the renewal, continuation, or material change, ensuring
continuous 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, including those that carry
passengers. This provision would allow enforcement of federal insurance requirements for buses
and other commercial vehicles that carry passengers.
Effective Date (Section 11)
The bill takes effect July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or BILL: SB 914 Page 9
municipalities have to raise revenues in the aggregate; or reduce the percentage of state
tax shared with counties or municipalities.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
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 owners’ locations.
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 registrations and
license plates until satisfying the toll stop will require payment of toll fees and fines that
are otherwise avoided by a registered owner of a vehicle.
Mobile home and recreational vehicle 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 BILL: SB 914 Page 10
an indeterminate, though likely insignificant, negative fiscal impact to the DHSMV, as
registration fees will be apportioned between the states the charter bus operates within.
Prohibiting individuals who have toll stops from replacing their vehicle registrations and
license plates 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 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.
The DHSMV has stated that this bill would have a moderate impact on resources,
including programming to include the title fee exemption for surviving spouses and the
prohibition of those with toll stops from replacing registrations and plates, which can be
done within existing resources dedicated to their current IT modernization projects.
31
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.
31
Department of Highway Safety and Motor Vehicles, 2022 Agency Legislative Bill Analysis for SB 914, p. 8.