ENROLLED 2022 Legislature SB 914, 1st Engrossed 2022914er 1 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; removing a requirement for 13 certain motor vehicle operators to subsequently 14 furnish proof of security after a certain violation; 15 amending ss. 322.051 and 322.14, F.S.; requiring that 16 distinguishing numbers assigned to identification 17 cards and driver licenses, respectively, have a 18 specified minimum number of randomly generated digits 19 beginning on a specified date; amending s. 319.141, 20 F.S.; extending the date by which the department must 21 implement a rebuilt motor vehicle inspection program; 22 adding counties where the program must be implemented; 23 deleting an obsolete provision; amending s. 319.32, 24 F.S.; prohibiting the department and a tax collector 25 from charging fees or service charges, except a 26 certain fee, under certain circumstances; amending s. 27 320.01, F.S.; revising the definition of the term 28 apportionable vehicle; amending s. 320.03, F.S.; 29 revising applicability; amending s. 320.77, F.S.; 30 requiring licensed mobile home dealers to deliver 31 certain documents to the department within a certain 32 timeframe; amending s. 320.771, F.S.; specifying the 33 required term of a certain garage liability insurance 34 policy; requiring licensed recreational vehicle 35 dealers to deliver certain documents to the department 36 within a certain timeframe; amending s. 320.8225, 37 F.S.; requiring licensed mobile home manufacturers and 38 recreational vehicle manufacturers, distributors, and 39 importers to submit certain documents to the 40 department within a certain timeframe; amending s. 41 627.7415, F.S.; requiring that certain commercial 42 motor vehicles meet certain federal financial 43 responsibility requirements; providing an effective 44 date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1.Subsection (5) of section 316.305, Florida 49 Statutes, is amended to read: 50 316.305Wireless communications devices; prohibition. 51 (5)When a law enforcement officer issues a citation for a 52 violation of this section, the law enforcement officer must 53 record the race and ethnicity of the violator. All law 54 enforcement agencies must maintain such information and report 55 the information to the department by April 1 annually in a form 56 and manner determined by the department. Beginning July 1, 2023 57 February 1, 2020, the department shall annually report the data 58 collected under this subsection to the Governor, the President 59 of the Senate, and the Speaker of the House of Representatives. 60 The data collected must be reported at least by statewide totals 61 for local law enforcement agencies, state law enforcement 62 agencies, and state university law enforcement agencies. The 63 statewide total for local law enforcement agencies shall combine 64 the data for the county sheriffs and the municipal law 65 enforcement agencies. 66 Section 2.Subsections (2), (3), and (4) of section 67 316.646, Florida Statutes, are amended to read: 68 316.646Security required; proof of security and display 69 thereof. 70 (2)If, upon a comparison of the vehicle registration 71 certificate or other evidence of registration or ownership with 72 the operators driver license or other evidence of personal 73 identity, it appears to a law enforcement officer or other 74 person authorized to issue traffic citations that the operator 75 is also the owner or registrant of the vehicle, Upon the demand 76 of a the law enforcement officer or other person authorized to 77 issue traffic citations, the operator shall display proper proof 78 of maintenance of security as specified by subsection (1). 79 (3)(a)Any operator who is the owner or registrant of the 80 vehicle he or she is operating and person who violates this 81 section commits a nonmoving traffic infraction subject to the 82 penalty provided in chapter 318 and shall be required to furnish 83 proof of security as provided in this section. If any operator 84 who is the owner or registrant of the vehicle he or she is 85 operating and who is person charged with a violation of this 86 section fails to furnish proof at or before the scheduled court 87 appearance date that security was in effect at the time of the 88 violation, the court shall, upon conviction, notify the 89 department to suspend the registration and driver license of 90 such operator person. If the court fails to order the suspension 91 of such operators the persons registration and driver license 92 for a conviction of this section at the time of sentencing, the 93 department shall, upon receiving notice of the conviction from 94 the court, suspend such operators the persons registration and 95 driver license for the violation of this section. Such license 96 and registration may be reinstated only as provided in s. 97 324.0221. 98 (b)Any operator who is not the owner or registrant of the 99 vehicle he or she is operating and who violates this section 100 commits a nonmoving traffic infraction subject to the penalty 101 provided in chapter 318. 102 (4)Any operator person presenting proof of insurance as 103 required in subsection (1) who knows that the insurance as 104 represented by such proof of insurance is not currently in force 105 is guilty of a misdemeanor of the first degree, punishable as 106 provided in s. 775.082 or s. 775.083. 107 Section 3.Paragraph (a) of subsection (8) of section 108 322.051, Florida Statutes, is amended to read: 109 322.051Identification cards. 110 (8)(a)The department shall, upon receipt of the required 111 fee, issue to each qualified applicant for an identification 112 card a color photographic or digital image identification card 113 bearing a fullface photograph or digital image of the 114 identification cardholder. Notwithstanding chapter 761 or s. 115 761.05, the requirement for a fullface photograph or digital 116 image of the identification cardholder may not be waived. A 117 space shall be provided upon which the identification cardholder 118 shall affix his or her usual signature, as required in s. 119 322.14, in the presence of an authorized agent of the department 120 so as to ensure that such signature becomes a part of the 121 identification card. Beginning November 1, 2023, each 122 distinguishing number assigned to an original, renewal, or 123 replacement identification card must have a minimum of four 124 randomly generated digits. 125 Section 4.Paragraph (a) of subsection (1) of section 126 322.14, Florida Statutes, is amended to read: 127 322.14Licenses issued to drivers. 128 (1)(a)The department shall, upon successful completion of 129 all required examinations and payment of the required fee, issue 130 to every qualified applicant a printed driver license that must 131 bear a color photograph or digital image of the licensee; the 132 name of the state; a distinguishing number assigned to the 133 licensee, which, beginning November 1, 2023, must have a minimum 134 of four randomly generated digits on each original, renewal, or 135 replacement driver license; and the licensees full name, date 136 of birth, and residence address; a brief description of the 137 licensee, including, but not limited to, the licensees gender 138 and height; and the dates of issuance and expiration of the 139 license. A space shall be provided upon which the licensee shall 140 affix his or her usual signature. A license is invalid until it 141 has been signed by the licensee except that the signature of the 142 licensee is not required if it appears thereon in facsimile or 143 if the licensee is not present within the state at the time of 144 issuance. 145 Section 5.Subsections (2) and (10) of section 319.141, 146 Florida Statutes, are amended to read: 147 319.141Rebuilt motor vehicle inspection program. 148 (2)By October 1, 2022 2019, the department shall implement 149 a program in Bay, Broward, Duval, Escambia, Hillsborough, Leon, 150 Manatee, Marion, Miami-Dade, Orange, Palm Beach, and Volusia 151 Counties County for rebuilt inspection services offered by 152 private sector participants. 153 (10)On or before July 1, 2021, the department shall submit 154 a written report to the President of the Senate and the Speaker 155 of the House of Representatives evaluating the effectiveness of 156 the program and whether to expand the program to other counties. 157 Section 6.Subsection (7) of section 319.32, Florida 158 Statutes, is amended to read: 159 319.32Fees; service charges; disposition. 160 (7)Notwithstanding any other provision of this section, 161 the department and tax collector may not charge any fee or 162 service charge, except for the expedited title fee, if 163 applicable:, 164 (a)For a certificate of title issued for a motor vehicle 165 solely to remove a deceased co-owner from a title registered in 166 the names of two persons if the other co-owner is the surviving 167 spouse; or 168 (b)To issue a certificate of title solely to change the 169 ownership of a motor vehicle from a deceased spouses name to 170 the surviving spouses name. 171 Section 7.Subsection (24) of section 320.01, Florida 172 Statutes, is amended to read: 173 320.01Definitions, general.As used in the Florida 174 Statutes, except as otherwise provided, the term: 175 (24)Apportionable vehicle means any vehicle, except 176 recreational vehicles, vehicles displaying restricted plates, 177 city pickup and delivery vehicles, buses used in transportation 178 of chartered parties, and government-owned vehicles, which is 179 used or intended for use in two or more member jurisdictions 180 that allocate or proportionally register vehicles and which is 181 used for the transportation of persons for hire or is designed, 182 used, or maintained primarily for the transportation of property 183 and: 184 (a)Is a power unit having a gross vehicle weight in excess 185 of 26,000 pounds; 186 (b)Is a power unit having three or more axles, regardless 187 of weight; or 188 (c)Is used in combination, when the weight of such 189 combination exceeds 26,000 pounds gross vehicle weight. 190 191 Vehicles, or combinations thereof, having a gross vehicle weight 192 of 26,000 pounds or less and two-axle vehicles may be 193 proportionally registered. 194 Section 8.Subsection (8) of section 320.03, Florida 195 Statutes, is amended to read: 196 320.03Registration; duties of tax collectors; 197 International Registration Plan. 198 (8)If the applicants name appears on the list referred to 199 in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s. 200 713.78(13), a license plate or revalidation sticker may not be 201 issued until that persons name no longer appears on the list or 202 until the person presents a receipt from the governmental entity 203 or the clerk of court that provided the data showing that the 204 fines outstanding have been paid. This subsection does not apply 205 to the owner of a leased vehicle if the vehicle is registered in 206 the name of the lessee of the vehicle. The tax collector and the 207 clerk of the court are each entitled to receive monthly, as 208 costs for implementing and administering this subsection, 10 209 percent of the civil penalties and fines recovered from such 210 persons. As used in this subsection, the term civil penalties 211 and fines does not include a wrecker operators lien as 212 described in s. 713.78(13). If the tax collector has private tag 213 agents, such tag agents are entitled to receive a pro rata share 214 of the amount paid to the tax collector, based upon the 215 percentage of license plates and revalidation stickers issued by 216 the tag agent compared to the total issued within the county. 217 The authority of any private agent to issue license plates shall 218 be revoked, after notice and a hearing as provided in chapter 219 120, if he or she issues any license plate or revalidation 220 sticker contrary to the provisions of this subsection. This 221 section applies both only to the annual renewal in the owners 222 birth month of a motor vehicle registration and the replacement 223 of the motor vehicle registration or license plate, but does not 224 apply to the transfer of a registration of a motor vehicle sold 225 by a motor vehicle dealer licensed under this chapter, except 226 for the transfer of registrations which includes the annual 227 renewals. This section does not affect the issuance of the title 228 to a motor vehicle, notwithstanding s. 319.23(8)(b). 229 Section 9.Paragraph (a) of subsection (16) of section 230 320.77, Florida Statutes, is amended to read: 231 320.77License required of mobile home dealers. 232 (16)SURETY BOND, CASH BOND, OR IRREVOCABLE LETTER OF 233 CREDIT REQUIRED. 234 (a)Before any license shall be issued or renewed, the 235 applicant or licensee shall deliver to the department a good and 236 sufficient surety bond, cash bond, or irrevocable letter of 237 credit, executed by the applicant or licensee as principal. 238 Within 10 calendar days after any renewal or continuation of or 239 material change in such surety bond, cash bond, or irrevocable 240 letter of credit or issuance of a new surety bond, a licensee 241 shall deliver to the department, in a manner prescribed by the 242 department, a copy of the renewed, continued, changed, or new 243 surety bond, cash bond, or irrevocable letter of credit. The 244 bond or irrevocable letter of credit shall be in a form to be 245 approved by the department and shall be conditioned upon the 246 dealers complying with the conditions of any written contract 247 made by the dealer in connection with the sale, exchange, or 248 improvement of any mobile home and his or her not violating any 249 of the provisions of chapter 319 or this chapter in the conduct 250 of the business for which the dealer is licensed. The bond or 251 irrevocable letter of credit shall be to the department and in 252 favor of any retail customer who shall suffer any loss as a 253 result of any violation of the conditions contained in this 254 section. The bond or irrevocable letter of credit shall be for 255 the license period, and a new bond or irrevocable letter of 256 credit or a proper continuation certificate shall be delivered 257 to the department at the beginning of each license period. 258 However, the aggregate liability of the surety in any one 259 license year shall in no event exceed the sum of such bond, or, 260 in the case of a letter of credit, the aggregate liability of 261 the issuing bank shall not exceed the sum of the credit. The 262 amount of the bond required shall be as follows: 263 1.A single dealer who buys, sells, or deals in mobile 264 homes and who has four or fewer supplemental licenses shall 265 provide a surety bond, cash bond, or irrevocable letter of 266 credit executed by the dealer applicant or licensee in the 267 amount of $25,000. 268 2.A single dealer who buys, sells, or deals in mobile 269 homes and who has more than four supplemental licenses shall 270 provide a surety bond, cash bond, or irrevocable letter of 271 credit executed by the dealer applicant or licensee in the 272 amount of $50,000. 273 274 For the purposes of this paragraph, any person who buys, sells, 275 or deals in both mobile homes and recreational vehicles shall 276 provide the same surety bond required of dealers who buy, sell, 277 or deal in mobile homes only. 278 Section 10.Paragraph (j) of subsection (3) and paragraph 279 (a) of subsection (16) of section 320.771, Florida Statutes, are 280 amended to read: 281 320.771License required of recreational vehicle dealers. 282 (3)APPLICATION.The application for such license shall be 283 in the form prescribed by the department and subject to such 284 rules as may be prescribed by it. The application shall be 285 verified by oath or affirmation and shall contain: 286 (j)Evidence A statement that the applicant is insured 287 under a garage liability insurance policy, which shall include, 288 at a minimum, $25,000 combined single-limit liability coverage, 289 including bodily injury and property damage protection, and 290 $10,000 personal injury protection, if the applicant is to be 291 licensed as a dealer in, or intends to sell, recreational 292 vehicles. Such policy must be for the license period. Within 10 293 calendar days after any renewal or continuation of or material 294 change in such policy or issuance of a new policy, the licensee 295 shall deliver to the department, in a manner prescribed by the 296 department, a copy of such renewed, continued, changed, or new 297 policy. However, a garage liability policy is not required for 298 the licensure of a mobile home dealer who sells only park 299 trailers. 300 301 The department shall, if it deems necessary, cause an 302 investigation to be made to ascertain if the facts set forth in 303 the application are true and shall not issue a license to the 304 applicant until it is satisfied that the facts set forth in the 305 application are true. 306 (16)BOND. 307 (a)Before any license shall be issued or renewed, the 308 applicant shall deliver to the department a good and sufficient 309 surety bond, executed by the applicant as principal and by a 310 surety company qualified to do business in the state as surety. 311 Within 10 calendar days after any renewal or continuation of or 312 material change in such surety bond or issuance of a new surety 313 bond, a licensee shall deliver to the department, in a manner 314 prescribed by the department, a copy of such renewed, continued, 315 changed, or new surety bond. The bond shall be in a form to be 316 approved by the department and shall be conditioned upon the 317 dealers complying with the conditions of any written contract 318 made by that dealer in connection with the sale, exchange, or 319 improvement of any recreational vehicle and his or her not 320 violating any of the provisions of chapter 319 or this chapter 321 in the conduct of the business for which he or she is licensed. 322 The bond shall be to the department and in favor of any retail 323 customer who shall suffer any loss as a result of any violation 324 of the conditions hereinabove contained. The bond shall be for 325 the license period, and a new bond or a proper continuation 326 certificate shall be delivered to the department at the 327 beginning of each license period. However, the aggregate 328 liability of the surety in any one license year shall in no 329 event exceed the sum of such bond. The amount of the bond 330 required shall be as follows: 331 1.A single dealer who buys, sells, or deals in 332 recreational vehicles and has four or fewer supplemental 333 licenses shall provide a surety bond in the amount of $10,000. 334 2.A single dealer who buys, sells, or deals in 335 recreational vehicles and who has more than four supplemental 336 licenses shall provide a surety bond in the amount of $20,000. 337 338 For the purposes of this paragraph, any person who buys, sells, 339 or deals in both mobile homes and recreational vehicles shall 340 provide the same surety bond required of dealers who buy, sell, 341 or deal in mobile homes only. 342 Section 11.Paragraphs (a) and (b) of subsection (5) of 343 section 320.8225, Florida Statutes, are amended to read: 344 320.8225Mobile home and recreational vehicle manufacturer, 345 distributor, and importer license. 346 (5)REQUIREMENT OF ASSURANCE. 347 (a)Annually, prior to the receipt of a license to 348 manufacture mobile homes, the applicant or licensee shall submit 349 a surety bond, cash bond, or letter of credit from a financial 350 institution, or a proper continuation certificate, sufficient to 351 assure satisfaction of claims against the licensee for failure 352 to comply with appropriate code standards, failure to provide 353 warranty service, or violation of any provisions of this 354 section. The amount of the surety bond, cash bond, or letter of 355 credit must be $50,000. Only one surety bond, cash bond, or 356 letter of credit shall be required for each manufacturer, 357 regardless of the number of factory locations. The surety bond, 358 cash bond, or letter of credit must be to the department, in 359 favor of any retail customer who suffers a loss arising out of 360 noncompliance with code standards or failure to honor or provide 361 warranty service. The department may disapprove any bond or 362 letter of credit that does not provide assurance as provided in 363 this section. Within 10 calendar days after any renewal or 364 continuation of or material change in such surety bond, cash 365 bond, or letter of credit or issuance of a new surety bond, cash 366 bond, or letter of credit, a licensee shall deliver to the 367 department, in a manner prescribed by the department, a copy of 368 such renewed, continued, changed, or new surety bond, cash bond, 369 or letter of credit. 370 (b)Annually, prior to the receipt of a license to 371 manufacture, distribute, or import recreational vehicles, the 372 applicant or licensee shall submit a surety bond, or a proper 373 continuation certificate, sufficient to assure satisfaction of 374 claims against the licensee for failure to comply with 375 appropriate code standards, failure to provide warranty service, 376 or violation of any provisions of this section. The amount of 377 the surety bond must be $10,000 per year. The surety bond must 378 be to the department, in favor of any retail customer who 379 suffers loss arising out of noncompliance with code standards or 380 failure to honor or provide warranty service. The department may 381 disapprove any bond that does not provide assurance as provided 382 in this section. Within 10 calendar days after any renewal or 383 continuation of or material change in such surety bond or 384 issuance of a new surety bond, a licensee shall deliver to the 385 department, in a manner prescribed by the department, a copy of 386 such renewed, continued, changed, or new surety bond. 387 Section 12.Subsection (4) of section 627.7415, Florida 388 Statutes, is amended to read: 389 627.7415Commercial motor vehicles; additional liability 390 insurance coverage.Commercial motor vehicles, as defined in s. 391 207.002 or s. 320.01, operated upon the roads and highways of 392 this state shall be insured with the following minimum levels of 393 combined bodily liability insurance and property damage 394 liability insurance in addition to any other insurance 395 requirements: 396 (4)All commercial motor vehicles subject to regulations of 397 the United States Department of Transportation, 49 C.F.R. part 398 387, subparts subpart A and B, and as may be hereinafter 399 amended, shall be insured in an amount equivalent to the minimum 400 levels of financial responsibility as set forth in such 401 regulations. 402 403 A violation of this section is a noncriminal traffic infraction, 404 punishable as a nonmoving violation as provided in chapter 318. 405 Section 13.This act shall take effect July 1, 2022.