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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Department of Highway Safety 2
and Motor Vehicles; amending s. 207.004, F.S.; 3
requiring the department or its authorized agent to 4
issue certain licenses and fuel tax decals; providing 5
legislative findings; amending s. 316.066, F.S.; 6
requiring traffic law enforcement agencies to provide 7
uniform crash reports to the department by electronic 8
means; requiring such crash reports to be consisten t 9
with certain rules and procedures and to be numbered 10
and inventoried; amending s. 316.2935, F.S.; providing 11
an exception to requirements for certification of air 12
pollution control equipment by a motor vehicle seller, 13
lessor, or transferor; amending s. 31 6.302, F.S.; 14
revising the list of federal rules and regulations to 15
which owners and drivers of certain commercial motor 16
vehicles are subject; amending s. 319.14, F.S.; 17
requiring a certificate of title for a flood vehicle 18
to specify the type of water that c aused damage to the 19
vehicle; revising the definition of the term "flood 20
vehicle"; amending s. 319.23, F.S.; making a technical 21
change; amending s. 319.28, F.S.; providing that a 22
certain affidavit constitutes proof of ownership and 23
right of possession to a motor vehicle or mobile home 24
the previous owner of which died testate; amending s. 25
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319.29, F.S.; prohibiting the department or a tax 26
collector from charging a fee for reissuance of 27
certain certificates of title; amending s. 319.30, 28
F.S.; revising and provi ding definitions; revising 29
provisions relating to obtaining a salvage certificate 30
of title or certificate of destruction; exempting the 31
department from liability to certain persons as a 32
result of the issuance of such certificate; providing 33
requirements for an independent entity's release of a 34
damaged or dismantled vessel to the owner; authorizing 35
the independent entity to apply for certain 36
certificates for an unclaimed vessel; providing 37
requirements for such application; specifying 38
provisions to which the i ndependent entity is subject; 39
prohibiting the independent entity from charging 40
vessel storage fees; amending s. 320.06, F.S.; 41
authorizing permanent registration of certain rental 42
trucks; authorizing the department to deem a license 43
plate with reduced dimen sions to be necessary to 44
accommodate trailers; amending s. 320.084, F.S.; 45
authorizing certain disabled veterans to be issued a 46
military license plate or specialty license plate in 47
lieu of a "DV" license plate; specifying applicable 48
fees; specifying nonappl icability of certain 49
provisions; amending s. 322.01, F.S.; revising and 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
providing definitions; amending s. 322.02, F.S.; 51
charging the department with enforcement and 52
administration of certain federal provisions; amending 53
s. 322.05, F.S.; prohibiting the de partment from 54
issuing a commercial motor vehicle operator license to 55
certain persons; amending s. 322.07, F.S.; revising 56
requirements for issuance of a temporary commercial 57
instruction permit; amending s. 322.141, F.S.; 58
requiring certain information on the driver license or 59
identification card of a sexual offender or sexual 60
predator to be printed in red; amending s. 322.142, 61
F.S.; authorizing the department to issue 62
reproductions of certain files and records to certain 63
criminal justice or driver licensing a gencies for 64
certain purposes; amending s. 322.21, F.S.; 65
authorizing reinstatement of a commercial driver 66
license after a downgrade of the person's privilege to 67
operate a commercial motor vehicle under certain 68
circumstances; creating s. 322.591, F.S.; requi ring 69
the department to obtain a driver's record from the 70
Commercial Driver's License Drug and Alcohol 71
Clearinghouse under certain circumstances; prohibiting 72
the department from issuing, renewing, transferring, 73
or revising the types of authorized vehicles o r the 74
endorsements of certain commercial driver licenses or 75
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commercial instruction permits if the department 76
receives a certain notification; requiring the 77
department to downgrade a commercial driver license or 78
commercial instruction permit within a specif ied 79
timeframe if the department receives a certain 80
notification; requiring the department to notify 81
certain drivers of their prohibition from operating a 82
commercial motor vehicle and, upon request, afford 83
them an opportunity for an informal hearing; provid ing 84
requirements for such notice and hearing; requiring 85
the department to enter a final order to downgrade a 86
commercial driver license or commercial instruction 87
permit under certain circumstances; specifying that a 88
request for a hearing tolls certain deadl ines; 89
specifying that certain notifications received by the 90
department must be in the record for consideration and 91
are self-authenticating; specifying that the basis for 92
the notification and the information in the Commercial 93
Driver's License Drug and Alcoh ol Clearinghouse are 94
not subject to challenge; requiring the department to 95
dismiss the downgrade of a commercial driver license 96
or instruction permit under certain circumstances; 97
requiring the department to record in the driver's 98
record that he or she is d isqualified from operating a 99
commercial motor vehicle under certain circumstances; 100
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specifying that certain actions are not stayed during 101
the pendency of certain proceedings; requiring the 102
department to reinstate a commercial driver license or 103
commercial instruction permit under certain 104
circumstances; exempting the department from liability 105
for certain commercial driver license or commercial 106
instruction permit downgrades; designating the 107
exclusive procedure for the downgrade of commercial 108
driver licenses or commercial instruction permits; 109
providing construction and applicability; authorizing 110
the department to issue at no cost a specified driver 111
license to certain persons prohibited from operating a 112
commercial motor vehicle; amending ss. 322.34 and 113
322.61, F.S.; conforming cross-references; amending 114
ss. 324.0221, 324.131, and 627.311, F.S.; conforming 115
provisions to changes made by the act; amending s. 116
627.7275, F.S.; removing provisions relating to 117
noncancelable motor vehicle insurance; providing 118
effective dates. 119
120
Be It Enacted by the Legislature of the State of Florida: 121
122
Section 1. Paragraph (a) of subsection (1) of section 123
207.004, Florida Statutes, is amended to read: 124
207.004 Registration of motor carriers; identifying 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
devices; fees; renewals; tempo rary fuel-use permits and 126
driveaway permits.— 127
(1)(a) A No motor carrier may not shall operate or cause 128
to be operated in this state any commercial motor vehicle, other 129
than a Florida-based commercial motor vehicle that travels 130
Florida intrastate mileage only, that uses diesel fuel or motor 131
fuel until such carrier has registered with the department or 132
has registered under a cooperative reciprocal agreement as 133
described in s. 207.0281, after such time as this state enters 134
into such agreement, and has been i ssued an identifying device 135
or such carrier has been issued a permit as authorized under 136
subsections (4) and (5) for each vehicle operated. The fee for 137
each such identifying device issued is There shall be a fee of 138
$4 per year or any fraction thereof for each such identifying 139
device issued. The identifying device must shall be provided by 140
the department and must be conspicuously displayed on the 141
commercial motor vehicle as prescribed by the department while 142
it is being operated on the public highways of thi s state. The 143
transfer of an identifying device from one vehicle to another 144
vehicle or from one motor carrier to another motor carrier is 145
prohibited. The department or its authorized agent shall issue 146
licenses and fuel tax decals. 147
Section 2. The Legislature finds that a proper and 148
legitimate purpose is served when crash reports required under 149
s. 316.066, Florida Statutes, are filed electronically with the 150
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Department of Highway Safety and Motor Vehicles by all entities 151
required to submit crash reports. El ectronic filing will 152
expedite the availability of crash reports to the persons 153
authorized to receive them, simplify the process of making crash 154
reports available, and expedite the availability of information 155
derived from crash reports to improve highway sa fety. The 156
requirement of this act that all law enforcement agencies that 157
prepare crash reports submit the completed crash reports 158
electronically to the Department of Highway Safety and Motor 159
Vehicles applies to all similarly situated persons, including 160
school district law enforcement agencies, state university law 161
enforcement agencies, and state law enforcement agencies. 162
Therefore, the Legislature determines and declares that the 163
amendments made by this act to s. 316.066, Florida Statutes, 164
fulfill an important state interest. 165
Section 3. Effective July 1, 2025, paragraph (a) of 166
subsection (1) of section 316.066, Florida Statutes, is amended 167
to read: 168
316.066 Written reports of crashes ; electronic 169
submission.— 170
(1)(a) All traffic law enforcement agencies must provide 171
uniform crash reports by electronic means to the department. 172
Such crash reports must be consistent with the state traffic 173
crash manual rules and the procedures established by the 174
department and must be appropriately numbered and inventoried. A 175
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Florida Traffic Crash Report, Long Form must be completed and 176
electronically submitted to the department within 10 days after 177
an investigation is completed by the law enforcement officer who 178
in the regular course of duty investigates a motor vehicle cras h 179
that: 180
1. Resulted in death of, personal injury to, or any 181
indication of complaints of pain or discomfort by any of the 182
parties or passengers involved in the crash; 183
2. Involved a violation of s. 316.061(1) or s. 316.193; 184
3. Rendered a vehicle inoper able to a degree that required 185
a wrecker to remove it from the scene of the crash; or 186
4. Involved a commercial motor vehicle. 187
Section 4. Paragraph (b) of subsection (1) of section 188
316.2935, Florida Statutes, is amended to read: 189
316.2935 Air polluti on control equipment; tampering 190
prohibited; penalty. — 191
(1) 192
(b) At the time of sale, lease, or transfer of title of a 193
motor vehicle, the seller, lessor, or transferor shall certify 194
in writing to the purchaser, lessee, or transferee that the air 195
pollution control equipment of the motor vehicle has not been 196
tampered with by the seller, lessor, or transferor or their 197
agents, employees, or other representatives. A licensed motor 198
vehicle dealer shall also visually observe those air pollution 199
control devices listed by department rule pursuant to subsection 200
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(7), and certify that they are in place, and appear properly 201
connected and undamaged. Such certification shall not be deemed 202
or construed as a warranty that the pollution control devices of 203
the subject vehicle are in functional condition, nor does the 204
execution or delivery of this certification create by itself 205
grounds for a cause of action between the parties to this 206
transaction. This paragraph does not apply when the purchaser of 207
the motor vehicle is a lessee purchasing the leased motor 208
vehicle and the licensed motor v ehicle dealer is not in 209
possession of the motor vehicle at the time of sale. 210
Section 5. Paragraphs (a), (b), and (e) of subsection (1), 211
paragraph (d) of subsection (2), and subsection (9) of section 212
316.302, Florida Statutes, are amended to read: 213
316.302 Commercial motor vehicles; safety regulations; 214
transporters and shippers of hazardous materials; enforcement. — 215
(1)(a) All owners and drivers of commercial motor vehicles 216
that are operated on the public highways of this state while 217
engaged in interstate commerce are subject to the rules and 218
regulations contained in 49 C.F.R. parts 382, 383, 384, 385, 219
386, and 390-397. 220
(b) Except as otherwise provided in this section, all 221
owners and drivers of commercial motor vehicles that are engaged 222
in intrastate commerce are subject to the rules and regulations 223
contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390-224
397, as such rules and regulations existed on December 31, 2022 225
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2020. 226
(e) A person who operates a commercial motor vehicle 227
solely in intrastate commerce which does not transport hazardous 228
materials in amounts that require placarding pursuant to 49 229
C.F.R. part 172 need not comply with the requirements of 230
electronic logging devices and hours of service supporting 231
documents as provided in 49 C.F.R. parts 385, 386, 390, and 395 232
until December 31, 2019. 233
(2) 234
(d) A person who operates a commercial motor vehicle 235
solely in intrastate commerce not transporting any hazardous 236
material in amounts that require placarding pursuant to 49 237
C.F.R. part 172 withi n a 150 air-mile radius of the location 238
where the vehicle is based need not comply with 49 C.F.R. ss. 239
395.8 and 395.11 s. 395.8 if the requirements of 49 C.F.R. s. 240
395.1(e)(1) (iii) and (iv) s. 395.1(e)(1)(ii), (iii)(A) and (C), 241
and (v) are met. 242
(9) For the purpose of enforcing this section, any law 243
enforcement officer of the Department of Highway Safety and 244
Motor Vehicles or duly appointed agent who holds a current 245
safety inspector certification from the Commercial Vehicle 246
Safety Alliance may require the driver of any commercial vehicle 247
operated on the highways of this state to stop and submit to an 248
inspection of the vehicle or the driver's records. If the 249
vehicle or driver is found to be operating in an unsafe 250
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condition, or if any required part or equipm ent is not present 251
or is not in proper repair or adjustment, and the continued 252
operation would present an unduly hazardous operating condition, 253
the officer or agent may require the vehicle or the driver to be 254
removed from service pursuant to the North Amer ican Standard 255
Out-of-Service Criteria, until corrected. However, if continuous 256
operation would not present an unduly hazardous operating 257
condition, the officer or agent may give written notice 258
requiring correction of the condition within 15 days. 259
(a) Any member of the Florida Highway Patrol or any law 260
enforcement officer employed by a sheriff's office or municipal 261
police department authorized to enforce the traffic laws of this 262
state pursuant to s. 316.640 who has reason to believe that a 263
vehicle or driver is operating in an unsafe condition may, as 264
provided in subsection (11), enforce the provisions of this 265
section. 266
(b) Any person who fails to comply with a an officer's 267
request to submit to an inspection under this subsection commits 268
a violation of s. 843.02 if the person resists the officer 269
without violence or a violation of s. 843.01 if the person 270
resists the officer with violence. 271
Section 6. Paragraphs (b) and (c) of subsection (1) of 272
section 319.14, Florida Statutes, are amended to read: 273
319.14 Sale of motor vehicles registered or used as 274
taxicabs, police vehicles, lease vehicles, rebuilt vehicles, 275
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nonconforming vehicles, custom vehicles, or street rod vehicles; 276
conversion of low-speed vehicles.— 277
(1) 278
(b) A person may not knowingly offer for s ale, sell, or 279
exchange a rebuilt vehicle until the department has stamped in a 280
conspicuous place on the certificate of title for the vehicle 281
words stating that the vehicle has been rebuilt or assembled 282
from parts, or is a kit car, glider kit, replica, floo d vehicle, 283
custom vehicle, or street rod vehicle unless proper application 284
for a certificate of title for a vehicle that is rebuilt or 285
assembled from parts, or is a kit car, glider kit, replica, 286
flood vehicle, custom vehicle, or street rod vehicle has been 287
made to the department in accordance with this chapter and the 288
department has conducted the physical examination of the vehicle 289
to assure the identity of the vehicle and all major component 290
parts, as defined in s. 319.30(1), which have been repaired or 291
replaced. If a vehicle is identified as a flood vehicle, the 292
words stamped on the certificate of title must identify the type 293
of water that caused damage to the vehicle as "salt water," 294
"fresh water," or "other or unknown water type," as applicable. 295
Thereafter, the department shall affix a decal to the vehicle, 296
in the manner prescribed by the department, showing the vehicle 297
to be rebuilt. 298
(c) As used in this section, the term: 299
9.1. "Police vehicle" means a motor vehicle owned or 300
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leased by the state or a c ounty or municipality and used in law 301
enforcement. 302
13.2.a. "Short-term-lease vehicle" means a motor vehicle 303
leased without a driver and under a written agreement to one or 304
more persons from time to time for a period of less than 12 305
months. 306
7.b. "Long-term-lease vehicle" means a motor vehicle 307
leased without a driver and under a written agreement to one 308
person for a period of 12 months or longer. 309
6.c. "Lease vehicle" includes both short -term-lease 310
vehicles and long-term-lease vehicles. 311
10.3. "Rebuilt vehicle" means a motor vehicle or mobile 312
home built from salvage or junk, as defined in s. 319.30(1). 313
1.4. "Assembled from parts" means a motor vehicle or 314
mobile home assembled from parts or combined from parts of motor 315
vehicles or mobile homes, new or used. The term "assembled from 316
parts" does not include mean a motor vehicle defined as a 317
"rebuilt vehicle as defined" in subparagraph 10. 3., which has 318
been declared a total loss pursuant to s. 319.30. 319
5. "Kit car" means a motor vehicle assembled with a kit 320
supplied by a manufacturer to rebuild a wrecked or outdated 321
motor vehicle with a new body kit. 322
4.6. "Glider kit" means a vehicle assembled with a kit 323
supplied by a manufacturer to rebuild a wrecked or outdated 324
truck or truck tractor. 325
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11.7. "Replica" means a complete new motor vehicle 326
manufactured to look like an old vehicle. 327
3.8. "Flood vehicle" means a motor vehicle or mobile home 328
that has been declared to be a total loss pursuant to s. 329
319.30(3)(a) resulting from damage caused by salt water, fresh 330
water, or other or unknown type of water. 331
8.9. "Nonconforming vehicle" means a motor vehicle that 332
which has been purchased by a manufacturer pursuant to a 333
settlement, determination, or decision under chapter 681. 334
12.10. "Settlement" means an agreement entered into 335
between a manufacturer and a consumer which that occurs after a 336
dispute is submitted to a program, or to an informal dispute 337
settlement procedure established by a manufacturer, or is 338
approved for arbitration before the Florida New M otor Vehicle 339
Arbitration Board as defined in s. 681.102. 340
2.11. "Custom vehicle" means a motor vehicle that: 341
a. Is 25 years of age or older and of a model year after 342
1948 or was manufactured to resemble a vehicle that is 25 years 343
of age or older and of a model year after 1948; and 344
b. Has been altered from the manufacturer's original 345
design or has a body constructed from nonoriginal materials. 346
347
The model year and year of manufacture that the body of a custom 348
vehicle resembles is the model year and year of manufacture 349
listed on the certificate of title, regardless of when the 350
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vehicle was actually manufactured. 351
14.12. "Street rod" means a motor vehicle that: 352
a. Is of a model year of 1948 or older or was manufactured 353
after 1948 to resemble a vehicle of a model year of 1948 or 354
older; and 355
b. Has been altered from the manufacturer's original 356
design or has a body constructed from nonoriginal materials. 357
358
The model year and year of manufacture that the body of a street 359
rod resembles is the model year and yea r of manufacture listed 360
on the certificate of title, regardless of when the vehicle was 361
actually manufactured. 362
Section 7. Subsection (3) of section 319.23, Florida 363
Statutes, is amended to read: 364
319.23 Application for, and issuance of, certificate of 365
title.— 366
(3) If a certificate of title has not previously been 367
issued for a motor vehicle or mobile home in this state, the 368
application, unless otherwise provided for in this chapter, 369
shall be accompanied by a proper bill of sale or sworn statement 370
of ownership, or a duly certified copy thereof, or by a 371
certificate of title, bill of sale, or other evidence of 372
ownership required by the law of the state or country county 373
from which the motor vehicle or mobile home was brought into 374
this state. The application shall also be accompanied by: 375
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(a)1. A sworn affidavit from the seller and purchaser 376
verifying that the vehicle identification number shown on the 377
affidavit is identical to the vehicle identification number 378
shown on the motor vehicle; or 379
2. An appropriate departmental form evidencing that a 380
physical examination has been made of the motor vehicle by the 381
owner and by a duly constituted law enforcement officer in any 382
state, a licensed motor vehicle dealer, a license inspector as 383
provided by s. 320.58, or a notary public commissioned by this 384
state and that the vehicle identification number shown on such 385
form is identical to the vehicle identification number shown on 386
the motor vehicle; and 387
(b) If the vehicle is a used car original, a sworn 388
affidavit from the owner verifying that the odometer reading 389
shown on the affidavit is identical to the odometer reading 390
shown on the motor vehicle in accordance with the requirements 391
of 49 C.F.R. s. 580.5 at the time that application for title is 392
made. For the purposes of this section, the term "used car 393
original" means a used vehicle coming into and being titled in 394
this state for the first time. 395
(c) If the vehicle is an ancient or antique vehicle, as 396
defined in s. 320.086, the application shall be accompanied by a 397
certificate of title; a bill of sale and a registration; or a 398
bill of sale and an affidavit by the owner defending the title 399
from all claims. The bill of sale must contain a complete 400
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vehicle description to include the vehicle identification or 401
engine number, year make, color, selling price, and signatures 402
of the seller and purchaser. 403
404
Verification of the vehicle identification number is not 405
required for any new motor vehicle; any mobile home; any trailer 406
or semitrailer with a net weight of less than 2,000 pounds ; or 407
any travel trailer, camping trailer, truck camper, or fifth -408
wheel recreation trailer. 409
Section 8. Paragraphs (c) and (d) of subsection (1) of 410
section 319.28, Florida Statutes, are redesignated as paragraphs 411
(d) and (e), respectively, and a new para graph (c) is added to 412
that subsection to read: 413
319.28 Transfer of ownership by operation of law. — 414
(1) 415
(c) If the previous owner died testate and the application 416
for a certificate of title is made by, and accompanied by an 417
affidavit attested by, a Flor ida-licensed attorney in good 418
standing with The Florida Bar who is representing the previous 419
owner's estate, such affidavit shall, for purposes of paragraph 420
(a), constitute satisfactory proof of ownership and right of 421
possession to the motor vehicle or mob ile home, so long as the 422
affidavit sets forth the rightful heir or heirs and the attorney 423
attests in the affidavit that such heir or heirs are lawfully 424
entitled to the rights of ownership and possession of the motor 425
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vehicle or mobile home. It shall not be necessary for the 426
application for certificate of title filed under this paragraph 427
to be accompanied by a copy of the will or other testamentary 428
instrument. 429
Section 9. Subsection (3) of section 319.29, Florida 430
Statutes, is amended to read: 431
319.29 Lost or destroyed certificates. — 432
(3) If, following the issuance of an original, duplicate, 433
or corrected certificate of title by the department, the 434
certificate is lost in transit and is not delivered to the 435
addressee, the owner of the motor vehicle or mobile home, or the 436
holder of a lien thereon, may, within 180 days after of the date 437
of issuance of the title, apply to the department for reissuance 438
of the certificate of title. An No additional fee shall not be 439
charged by the department or a tax collector, as agent for the 440
department, for reissuance under this subsection. 441
Section 10. Paragraphs (g) and (j) of subsection (1), 442
paragraph (b) of subsection (3), and subsection (9) of section 443
319.30, Florida Statutes, are amended, and paragraph (y) is 444
added to subsection (1) of that section, to read: 445
319.30 Definitions; dismantling, destruction, change of 446
identity of motor vehicle or mobile home; salvage. — 447
(1) As used in this section, the term: 448
(g) "Independent entity" means a business or entity that 449
may temporarily store damaged or dismantled motor vehicles or 450
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vessels pursuant to an agreement with an insurance company and 451
is engaged in the sale or resale of damaged or dismantled motor 452
vehicles or vessels. The term does not include a wrecker 453
operator, a towing company, or a repair facility. 454
(j) "Major component parts" means: 455
1. For motor vehicles other than motorcycles and electric 456
or plug-in hybrid motor vehicles , any fender, hood, bumper, c owl 457
assembly, rear quarter panel, trunk lid, door, decklid, floor 458
pan, engine, frame, transmission, catalytic converter, or 459
airbag. 460
2. For trucks other than electric or plug -in hybrid motor 461
vehicles, in addition to those parts listed in subparagraph 1., 462
any truck bed, including dump, wrecker, crane, mixer, cargo box, 463
or any bed which mounts to a truck frame. 464
3. For motorcycles, the body assembly, frame, fenders, gas 465
tanks, engine, cylinder block, heads, engine case, crank case, 466
transmission, drive train , front fork assembly, and wheels. 467
4. For mobile homes, the frame. 468
5. For electric or plug -in hybrid motor vehicles, any 469
fender, hood, bumper, cowl assembly, rear quarter panel, trunk 470
lid, door, decklid, floor pan, engine, electric traction motor, 471
frame, transmission or electronic transmission, charge port, DC 472
power converter, onboard charger, power electronics controller, 473
thermal system, traction battery pack, catalytic converter, or 474
airbag. 475
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(y) "Vessel" has the same meaning as provided in s. 476
713.78(1)(b). 477
(3) 478
(b) The owner, including persons who are self -insured, of 479
a motor vehicle or mobile home that is considered to be salvage 480
shall, within 72 hours after the motor vehicle or mobile home 481
becomes salvage, forward the title to the motor vehicle or 482
mobile home to the department for processing. However, an 483
insurance company that pays money as compensation for the total 484
loss of a motor vehicle or mobile home shall obtain the 485
certificate of title for the motor vehicle or mobile home, make 486
the required notification to the National Motor Vehicle Title 487
Information System, and, within 72 hours after receiving such 488
certificate of title, forward such title by the United States 489
Postal Service, by another commercial delivery service, or by 490
electronic means, whe n such means are made available by the 491
department, to the department for processing. The owner or 492
insurance company, as applicable, may not dispose of a vehicle 493
or mobile home that is a total loss before it obtains a salvage 494
certificate of title or certifi cate of destruction from the 495
department. Effective January 1, 2020: 496
1. Thirty days after payment of a claim for compensation 497
pursuant to this paragraph, the insurance company may receive a 498
salvage certificate of title or certificate of destruction from 499
the department if the insurance company is unable to obtain a 500
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properly assigned paper or electronic certificate of title from 501
the owner or lienholder of the motor vehicle or mobile home , if 502
the motor vehicle or mobile home does not carry an electronic 503
lien on the title and the insurance company: 504
a. Has obtained the release of all liens on the motor 505
vehicle or mobile home or has fully paid the amounts due to the 506
owner and the lienholder ; 507
b. Has attested on a form provided by the department that 508
payment of the total loss claim has been distributed or, if a 509
release of all liens has not been obtained, that amounts due to 510
the owner and the lienholder have been paid in full ; and 511
c. Has attested on a form provided by the department and 512
signed by the insurance company or its authorized agent stating 513
the attempts that have been made to obtain the title from the 514
owner or lienholder and further stating that all attempts are to 515
no avail. The form must include a request that the salvage 516
certificate of title or certif icate of destruction be issued in 517
the insurance company's name due to payment of a total loss 518
claim to the owner or lienholder. The attempts to contact the 519
owner or lienholder may be by written request delivered in 520
person or by first-class mail with a cert ificate of mailing to 521
the owner's or lienholder's last known address. 522
2. If the owner or lienholder is notified of the request 523
for title in person, the insurance company must provide an 524
affidavit attesting to the in -person request for a certificate 525
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of title. 526
3. The request to the owner or lienholder for the 527
certificate of title must include a complete description of the 528
motor vehicle or mobile home and the statement that a total loss 529
claim has been paid on the motor vehicle or mobile home. 530
531
The department is not liable to, and may not be held liable by, 532
an owner, a lienholder, or any other person as a result of the 533
issuance of a salvage certificate of title or a certificate of 534
destruction pursuant to this paragraph. 535
(9)(a) An insurance company may noti fy an independent 536
entity that obtains possession of a damaged or dismantled motor 537
vehicle or vessel to release the vehicle or vessel to the owner. 538
The insurance company shall provide the independent entity a 539
release statement on a form prescribed by the de partment 540
authorizing the independent entity to release the vehicle or 541
vessel to the owner or lienholder. The form must, at a minimum, 542
contain the following: 543
1. The policy and claim number. 544
2. The name and address of the insured. 545
3. The vehicle identi fication number or vessel hull 546
identification number . 547
4. The signature of an authorized representative of the 548
insurance company. 549
(b) The independent entity in possession of a motor 550
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vehicle or vessel must send a notice to the owner that the 551
vehicle or vessel is available for pickup when it receives a 552
release statement from the insurance company. The notice shall 553
be sent by certified mail or by another commercially available 554
delivery service that provides proof of delivery to the owner at 555
the owner's address contained in the department's records. The 556
notice must state that the owner has 30 days after delivery of 557
the notice to the owner at the owner's address to pick up the 558
vehicle or vessel from the independent entity. If the motor 559
vehicle or vessel is not claimed within 30 days after the 560
delivery or attempted delivery of the notice, the independent 561
entity may apply for a certificate of destruction , a salvage 562
certificate of title, or a certificate of title. For a hull-563
damaged vessel, the independent entity shall comply with s. 564
328.045 as applicable. 565
(c) If the department's records do not contain the owner's 566
address, the independent entity must do all of the following: 567
1. Send a notice that meets the requirements of paragraph 568
(b) to the owner's address th at is provided by the insurance 569
company in the release statement. 570
2. For a vehicle, identify the latest titling jurisdiction 571
of the vehicle through use of the National Motor Vehicle Title 572
Information System or an equivalent commercially available 573
system and attempt to obtain the owner's address from that 574
jurisdiction. If the jurisdiction returns an address that is 575
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different from the owner's address provided by the insurance 576
company, the independent entity must send a notice that meets 577
the requirements of paragraph (b) to both addresses. 578
(d) The independent entity shall maintain for at least a 579
minimum of 3 years the records related to the 30 -day notice sent 580
to the owner. For vehicles, the independent entity shall also 581
maintain for at least 3 years the results of searches of the 582
National Motor Vehicle Title Information System or an equivalent 583
commercially available system , and the notification to the 584
National Motor Vehicle Title Information System made pursuant to 585
paragraph (e). 586
(e) The independent entity shall make the required 587
notification to the National Motor Vehicle Title Information 588
System before releasing any damaged or dismantled motor vehicle 589
to the owner or before applying for a certificate of destruction 590
or salvage certificate of title. The independent entity is not 591
required to notify the National Motor Vehicle Title Information 592
System before releasing any damaged or dismantled vessel to the 593
owner or before applying for a certificate of title. 594
(f) Upon applying for a certificate of destruction , or 595
salvage certificate of title, or certificate of title, the 596
independent entity shall provide a copy of the release statement 597
from the insurance company to the independent entity, proof of 598
providing the 30-day notice to the owner, proof of notification 599
to the National Motor Vehicle Title Information System if 600
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required, proof of all lien satisfactions or proof of a release 601
of all liens on the motor vehicle or vessel, and applicable 602
fees. If the independent entity is unable to obtain a lien 603
satisfaction or a release of all liens on the motor vehicle or 604
vessel, the independent entity must provide an affidavit stating 605
that notice was sent to all lienholders that the motor vehicle 606
or vessel is available for pickup, 30 days have passed since the 607
notice was delivered or attempted to be delivered pursuant to 608
this section, attempts have been made to obtain a release from 609
all lienholders, and all such attempts have been to no avail. 610
The notice to lienholders and attempts to obtain a release from 611
lienholders may be by written request delivered in person or by 612
certified mail or another commercially available delivery 613
service that provides proof of delivery to the lienholder at the 614
lienholder's address as provided on the certificate of title and 615
to the address designated with the Department of State pursuant 616
to s. 655.0201(2) if such address is different. 617
(g) The independent entity may not charge an owner of the 618
vehicle or vessel storage fees or apply for a title under s. 619
713.585 or s. 713.78. 620
Section 11. Paragraph (b) of subsection (1) and paragraph 621
(a) of subsection (3) of section 320.06, Florida Statutes, are 622
amended to read: 623
320.06 Registration certificates, license plates, and 624
validation stickers generally. — 625
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(1) 626
(b)1. Registration license plates bearing a g raphic symbol 627
and the alphanumeric system of identification shall be issued 628
for a 10-year period. At the end of the 10 -year period, upon 629
renewal, the plate shall be replaced. The department shall 630
extend the scheduled license plate replacement date from a 6 -631
year period to a 10-year period. The fee for such replacement is 632
$28, $2.80 of which shall be paid each year before the plate is 633
replaced, to be credited toward the next $28 replacement fee. 634
The fees shall be deposited into the Highway Safety Operating 635
Trust Fund. A credit or refund may not be given for any prior 636
years' payments of the prorated replacement fee if the plate is 637
replaced or surrendered before the end of the 10 -year period, 638
except that a credit may be given if a registrant is required by 639
the department to replace a license plate under s. 640
320.08056(8)(a). With each license plate, a validation sticker 641
shall be issued showing the owner's birth month, license plate 642
number, and the year of expiration or the appropriate renewal 643
period if the owner is not a natural person. The validation 644
sticker shall be placed on the upper right corner of the license 645
plate. The license plate and validation sticker shall be issued 646
based on the applicant's appropriate renewal period. The 647
registration period is 12 months , the extended registration 648
period is 24 months, and all expirations occur based on the 649
applicant's appropriate registration period. Rental vehicles 650
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taxed pursuant to s. 320.08(6)(a) and rental trucks taxed 651
pursuant to s. 320.08(3)(a), (b), and (c) and (4) (a)-(d) may 652
elect a permanent registration period, provided payment of the 653
appropriate license taxes and fees occurs annually. 654
2. A vehicle that has an apportioned registration shall be 655
issued an annual license plate and a cab card that denote the 656
declared gross vehicle weight for each apportioned jurisdiction 657
in which the vehicle is authorized to operate. This subparagraph 658
expires June 30, 2024. 659
3. Beginning July 1, 2024, a vehicle registered in 660
accordance with the International Registration Plan must be 661
issued a license plate for a 3 -year period. At the end of the 3 -662
year period, upon renewal, the license plate must be replaced. 663
Each license plate must include a validation sticker showing the 664
month of expiration. A cab card denoting the declared gross 665
vehicle weight for each apportioned jurisdiction must be issued 666
annually. The fee for an original or a renewal cab card is $28, 667
which must be deposited into the Highway Safety Operating Trust 668
Fund. If the license plate is damaged or worn, it may be 669
replaced at no charge by applying to the department and 670
surrendering the current license plate. 671
4. In order to retain the efficient administration of the 672
taxes and fees imposed by this chapter, the 80 -cent fee increase 673
in the replacement fee imposed by chapter 2 009-71, Laws of 674
Florida, is negated as provided in s. 320.0804. 675
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(3)(a) Registration license plates must be made of metal 676
specially treated with a retroreflection material, as specified 677
by the department. The registration license plate is designed to 678
increase nighttime visibility and legibility and must be at 679
least 6 inches wide and not less than 12 inches in length, 680
unless a plate with reduced dimensions is deemed necessary by 681
the department to accommodate motorcycles, mopeds, or similar 682
smaller vehicles, or trailers. Validation stickers must also be 683
treated with a retroreflection material, must be of such size as 684
specified by the department, and must adhere to the license 685
plate. The registration license plate must be imprinted with a 686
combination of bold l etters and numerals or numerals, not to 687
exceed seven digits, to identify the registration license plate 688
number. The license plate must be imprinted with the word 689
"Florida" at the top and the name of the county in which it is 690
sold, the state motto, or the w ords "Sunshine State" at the 691
bottom. Apportioned license plates must have the word 692
"Apportioned" at the bottom, and license plates issued for 693
vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or 694
(c), or (14) must have the word "Restricted" at the bottom. 695
License plates issued for vehicles taxed under s. 320.08(12) 696
must be imprinted with the word "Florida" at the top and the 697
word "Dealer" at the bottom unless the license plate is a 698
specialty license plate as authorized in s. 320.08056. 699
Manufacturer license plates issued for vehicles taxed under s. 700
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320.08(12) must be imprinted with the word "Florida" at the top 701
and the word "Manufacturer" at the bottom. License plates issued 702
for vehicles taxed under s. 320.08(5)(d) or (e) must be 703
imprinted with the w ord "Wrecker" at the bottom. Any county may, 704
upon majority vote of the county commission, elect to have the 705
county name removed from the license plates sold in that county. 706
The state motto or the words "Sunshine State" shall be printed 707
in lieu thereof. A l icense plate issued for a vehicle taxed 708
under s. 320.08(6) may not be assigned a registration license 709
number, or be issued with any other distinctive character or 710
designation, that distinguishes the motor vehicle as a for -hire 711
motor vehicle. 712
Section 12. Subsection (1) of section 320.084, Florida 713
Statutes, is amended, and subsection (6) is added to that 714
section, to read: 715
320.084 Free motor vehicle license plate to certain 716
disabled veterans.— 717
(1) One free "DV" motor vehicle license number plate shall 718
be issued by the department for use on any motor vehicle owned 719
or leased by any disabled veteran who has been a resident of 720
this state continuously for the preceding 5 years or has 721
established a domicile in this state as provided by s. 722
222.17(1), (2), or ( 3), and who has been honorably discharged 723
from the United States Armed Forces, upon application, 724
accompanied by proof that: 725
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(a) A vehicle was initially acquired through financial 726
assistance by the United States Department of Veterans Affairs 727
or its predecessor specifically for the purchase of an 728
automobile; 729
(b) The applicant has been determined by the United States 730
Department of Veterans Affairs or its predecessor to have a 731
service-connected 100-percent disability rating for 732
compensation; or 733
(c) The applicant has been determined to have a service -734
connected disability rating of 100 percent and is in receipt of 735
disability retirement pay from any branch of the United States 736
Armed Services. 737
(6)(a) A disabled veteran who meets the requirements of 738
subsection (1) may be issued, in lieu of the "DV" license plate, 739
a military license plate for which he or she is eligible or a 740
specialty license plate. A disabled veteran electing a military 741
license plate or specialty license plate under this subsection 742
must pay all applicable fees related to such license plate, 743
except for fees otherwise waived under subsections (1) and (4). 744
(b) A military license plate or specialty license plate 745
elected under this subsection: 746
1. Does not provide the protections or rights afforded by 747
ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041. 748
2. Is not eligible for the international symbol of 749
accessibility as described in s. 320.0842. 750
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Section 13. Subsections (16) through (48) of section 751
322.01, Florida Statutes, are renu mbered as subsections (17) 752
through (49), respectively, subsection (5) and present 753
subsections (37) and (41) of that section are amended, and a new 754
subsection (16) is added to that section, to read: 755
322.01 Definitions. —As used in this chapter: 756
(5) "Cancellation" means the act of declaring a driver 757
license void and terminated but does not include a downgrade . 758
(16) "Downgrade" has the same meaning as provided in 759
paragraph (4) of the definition of the term "CDL downgrade" in 760
49 C.F.R. s. 383.5. 761
(38)(37) "Revocation" means the termination of a 762
licensee's privilege to drive but does not include a downgrade . 763
(42)(41) "Suspension" means the temporary withdrawal of a 764
licensee's privilege to drive a motor vehicle but does not 765
include a downgrade. 766
Section 14. Subsection (2) of section 322.02, Florida 767
Statutes, is amended to read: 768
322.02 Legislative intent; administration. — 769
(2) The Department of Highway Safety and Motor Vehicles is 770
charged with the administration and function of enforcement of 771
the provisions of this chapter and the enforcement and 772
administration of 49 C.F.R. parts 382 -386 and 390-397. 773
Section 15. Subsections (4) through (12) of section 774
322.05, Florida Statutes, are renumbered as subsections (5) 775
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
through (13), respectively, and a new subsection (4) is added to 776
that section to read: 777
322.05 Persons not to be licensed. —The department may not 778
issue a license: 779
(4) To any person, as a commercial motor vehicle operator, 780
who is ineligible to operate a commercial motor vehicle pursuant 781
to 49 C.F.R. part 383. 782
Section 16. Subsection (3) of section 322.07, Florida 783
Statutes, is amended to read: 784
322.07 Instruction permits and temporary licenses. — 785
(3) Any person who, except for his or her lack of 786
instruction in operating a commercial motor vehicle, would 787
otherwise be qualified to obtain a commercial driver license 788
under this chapter, may apply for a temporary commercial 789
instruction permit. The department shall issue such a permit 790
entitling the applicant, while having the permit in his or he r 791
immediate possession, to drive a commercial motor vehicle on the 792
highways, if: 793
(a) The applicant possesses a valid Florida driver 794
license; and 795
(b) The applicant, while operating a commercial motor 796
vehicle, is accompanied by a licensed driver who is 2 1 years of 797
age or older, who is licensed to operate the class of vehicle 798
being operated, and who is occupying the closest seat to the 799
right of the driver; and 800
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(c) The department has not been notified that, pursuant to 801
49 C.F.R. s. 382.501(a), the applica nt is prohibited from 802
operating a commercial motor vehicle . 803
Section 17. Effective January 1, 2024, subsection (3) of 804
section 322.141, Florida Statutes, is amended to read: 805
322.141 Color or markings of certain licenses or 806
identification cards. — 807
(3) All licenses for the operation of motor vehicles or 808
identification cards originally issued or reissued by the 809
department to persons who are designated as sexual predators 810
under s. 775.21 or subject to registration as sexual offenders 811
under s. 943.0435 or s . 944.607, or who have a similar 812
designation or are subject to a similar registration under the 813
laws of another jurisdiction, shall have printed in the color 814
red all information otherwise required to be printed on the 815
front of the license or identification card, as well as the 816
following: 817
(a) For a person designated as a sexual predator under s. 818
775.21 or who has a similar designation under the laws of 819
another jurisdiction, the marking "SEXUAL PREDATOR." 820
(b) For a person subject to registration as a sexu al 821
offender under s. 943.0435 or s. 944.607, or subject to a 822
similar registration under the laws of another jurisdiction, the 823
marking "943.0435, F.S." 824
Section 18. Paragraphs (m) and (n) of subsection (4) of 825
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section 322.142, Florida Statutes, are amende d, and paragraphs 826
(o) and (p) are added to that subsection, to read: 827
322.142 Color photographic or digital imaged licenses. — 828
(4) The department may maintain a film negative or print 829
file. The department shall maintain a record of the digital 830
image and signature of the licensees, together with other data 831
required by the department for identification and retrieval. 832
Reproductions from the file or digital record are exempt from 833
the provisions of s. 119.07(1) and may be made and issued only: 834
(m) To the following persons for the purpose of 835
identifying a person as part of the official work of a court: 836
1. A justice or judge of this state; 837
2. An employee of the state courts system who works in a 838
position that is designated in writing for access by the Chief 839
Justice of the Supreme Court or a chief judge of a district or 840
circuit court, or by his or her designee; or 841
3. A government employee who performs functions on behalf 842
of the state courts system in a position that is designated in 843
writing for access by th e Chief Justice or a chief judge, or by 844
his or her designee; or 845
(n) To the Agency for Health Care Administration pursuant 846
to an interagency agreement to prevent health care fraud. If the 847
Agency for Health Care Administration enters into an agreement 848
with a private entity to carry out duties relating to health 849
care fraud prevention, such contracts shall include, but need 850
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not be limited to: 851
1. Provisions requiring internal controls and audit 852
processes to identify access, use, and unauthorized access of 853
information. 854
2. A requirement to report unauthorized access or use to 855
the Agency for Health Care Administration within 1 business day 856
after the discovery of the unauthorized access or use. 857
3. Provisions for liquidated damages for unauthorized 858
access or use of no less than $5,000 per occurrence ; 859
(o) To any criminal justice agency, as defined in s. 860
943.045, pursuant to an interagency agreement for use in 861
carrying out the criminal justice agency's functions; or 862
(p) To the driver licensing agency of any o ther state for 863
purposes of validating the identity of an applicant for a driver 864
license or identification card . 865
Section 19. Subsection (8) and paragraph (a) of subsection 866
(9) of section 322.21, Florida Statutes, are amended to read: 867
322.21 License fees; procedure for handling and collecting 868
fees.— 869
(8) A person who applies for reinstatement following the 870
suspension or revocation of the person's driver license must pay 871
a service fee of $45 following a suspension, and $75 following a 872
revocation, which is in addition to the fee for a license. A 873
person who applies for reinstatement of a commercial driver 874
license following the disqualification or downgrade of the 875
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person's privilege to operate a commercial motor vehicle shall 876
pay a service fee of $75, which is in addition to the fee for a 877
license. The department shall collect all of these fees at the 878
time of reinstatement. The department shall issue proper 879
receipts for such fees and shall promptly transmit all funds 880
received by it as follows: 881
(a) Of the $45 fee received from a licensee for 882
reinstatement following a suspension: 883
1. If the reinstatement is processed by the department, 884
the department shall deposit $15 in the General Revenue Fund and 885
$30 in the Highway Safety Operating Trust Fund. 886
2. If the reinstatement is processed by the tax collector, 887
$15, less the general revenue service charge set forth in s. 888
215.20(1), shall be retained by the tax collector, $15 shall be 889
deposited into the Highway Safety Operating Trust Fund, and $15 890
shall be deposited into the General Revenue Fund. 891
(b) Of the $75 fee received from a licensee for 892
reinstatement following a revocation , or disqualification, or 893
downgrade: 894
1. If the reinstatement is processed by the department, 895
the department shall deposit $35 in the General Revenue Fund and 896
$40 in the Highway Safety Op erating Trust Fund. 897
2. If the reinstatement is processed by the tax collector, 898
$20, less the general revenue service charge set forth in s. 899
215.20(1), shall be retained by the tax collector, $20 shall be 900
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deposited into the Highway Safety Operating Trust Fund, and $35 901
shall be deposited into the General Revenue Fund. 902
903
If the revocation or suspension of the driver license was for a 904
violation of s. 316.193, or for refusal to submit to a lawful 905
breath, blood, or urine test, an additional fee of $130 must be 906
charged. However, only one $130 fee may be collected from one 907
person convicted of violations arising out of the same incident. 908
The department shall collect the $130 fee and deposit the fee 909
into the Highway Safety Operating Trust Fund at the time of 910
reinstatement of the person's driver license, but the fee may 911
not be collected if the suspension or revocation is overturned. 912
If the revocation or suspension of the driver license was for a 913
conviction for a violation of s. 817.234(8) or (9) or s. 914
817.505, an additional fee of $180 is imposed for each offense. 915
The department shall collect and deposit the additional fee into 916
the Highway Safety Operating Trust Fund at the time of 917
reinstatement of the person's driver license. 918
(9) An applicant: 919
(a) Requesting a revi ew authorized in s. 322.222, s. 920
322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must 921
pay a filing fee of $25 to be deposited into the Highway Safety 922
Operating Trust Fund. 923
Section 20. Section 322.591, Florida Statutes, is created 924
to read: 925
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322.591 Commercial driver license and commercial 926
instruction permit; Commercial Driver's License Drug and Alcohol 927
Clearinghouse; prohibition on issuance of commercial driver 928
licenses; downgrades. — 929
(1) Beginning November 18, 2024, when a person applies for 930
or seeks to renew, transfer, or make any other change to a 931
commercial driver license or commercial instruction permit, the 932
department must obtain the driver's record from the Commercial 933
Driver's License Drug and Alcohol Clearinghouse established 934
pursuant to 49 C.F.R. part 382. The department may not issue, 935
renew, transfer, or revise the types of authorized vehicles that 936
may be operated or the endorsements applicable to a commercial 937
driver license or commercial instruction permit for any person 938
for whom the department receives notification that, pursuant to 939
49 C.F.R. s. 382.501(a), the person is prohibited from operating 940
a commercial vehicle. 941
(2) Beginning November 18, 2024, the department shall 942
downgrade the commercial driver license or commercial 943
instruction permit of any driver if the department receives 944
notification that, pursuant to 49 C.F.R. s. 382.501(a), the 945
driver is prohibited from operating a commercial motor vehicle. 946
Any such downgrade must be completed and recorded by the 947
department in the Comm ercial Driver's License Information System 948
within 60 days after the department's receipt of such 949
notification. 950
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(3)(a) Beginning November 18, 2024, upon receipt of 951
notification that, pursuant to 49 C.F.R. s. 382.501(a), a driver 952
is prohibited from operati ng a commercial motor vehicle, the 953
department shall immediately notify the driver who is the 954
subject of such notification that he or she is prohibited from 955
operating a commercial motor vehicle and, upon his or her 956
request, must afford him or her an opportu nity for an informal 957
hearing pursuant to this section. The department's notice must 958
be provided to the driver in the same manner as, and providing 959
such notice has the same effect as, notices provided pursuant to 960
s. 322.251(1) and (2). 961
(b) Such informal h earing must be requested not later than 962
20 days after the driver receives the notice of the downgrade. 963
If a request for a hearing, together with the filing fee 964
required pursuant to s. 322.21, is not received within 20 days 965
after receipt of such notice, the department must enter a final 966
order directing the downgrade of the driver's commercial driver 967
license or commercial instruction permit unless the department 968
receives notification that, pursuant to 49 C.F.R. s. 382.503(a), 969
the driver is no longer prohibite d from operating a commercial 970
motor vehicle. 971
(c) A hearing requested pursuant to paragraph (b) must be 972
scheduled and held not later than 30 days after receipt by the 973
department of a request for the hearing, together with the 974
filing fee required pursuant to s. 322.21. The submission of a 975
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request for hearing pursuant to this subsection tolls the 976
deadline to file a petition for writ of certiorari pursuant to 977
s. 322.31 until after the department enters a final order after 978
a hearing pursuant to this subsection . 979
(d) The informal hearing authorized pursuant to this 980
subsection is exempt from chapter 120. Such hearing must be 981
conducted before a hearing officer designated by the department. 982
The hearing officer may conduct such hearing from any location 983
in this state by means of communications technology. 984
(e) The notification received by the department pursuant 985
to 49 C.F.R. s. 382.501(a) must be in the record for 986
consideration by the hearing officer and in any proceeding 987
pursuant to s. 322.31 and is considered self-authenticating. The 988
basis for the notification received by the department pursuant 989
to 49 C.F.R. s. 382.501(a) and the information in the Commercial 990
Driver's License Drug and Alcohol Clearinghouse which resulted 991
in such notification are not subject to challenge in the hearing 992
or in any proceeding brought under s. 322.31. 993
(f) If, before the entry of a final order arising from a 994
notification received by the department pursuant to 49 C.F.R. s. 995
382.501(a), the department receives notification that, pursua nt 996
to 49 C.F.R. s. 382.503(a), the driver is no longer prohibited 997
from operating a commercial motor vehicle, the department must 998
dismiss the action to downgrade the driver's commercial driver 999
license or commercial instruction permit. 1000
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(g) Upon the entry o f a final order that results in the 1001
downgrade of a driver's commercial driver license or commercial 1002
instruction permit, the department shall record immediately in 1003
the driver's record that the driver is disqualified from 1004
operating or driving a commercial mo tor vehicle. The downgrade 1005
of a commercial driver license or commercial instruction permit 1006
pursuant to a final order entered pursuant to this section, and, 1007
upon the entry of a final order, the recording in the driver's 1008
record that the driver subject to suc h a final order is 1009
disqualified from operating or driving a commercial motor 1010
vehicle, are not stayed during the pendency of any proceeding 1011
pursuant to s. 322.31. 1012
(h) If, after the entry of a final order that results in 1013
the downgrade of a driver's commerc ial driver license or 1014
commercial instruction permit and the department's recording in 1015
the driver's record that the driver is disqualified from 1016
operating or driving a commercial motor vehicle, the department 1017
receives notification that, pursuant to 49 C.F.R. s. 382.503(a), 1018
the driver is no longer prohibited from operating a commercial 1019
motor vehicle, the department must reinstate the driver's 1020
commercial driver license or commercial instruction permit upon 1021
application by such driver. 1022
(i) The department is not liable for any commercial driver 1023
license or commercial instruction permit downgrade resulting 1024
from the discharge of its duties. 1025
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(j) This section is the exclusive procedure for the 1026
downgrade of a commercial driver license or commercial 1027
instruction permit following notification received by the 1028
department that, pursuant to 49 C.F.R. s. 382.501(a), a driver 1029
is prohibited from operating a commercial motor vehicle. 1030
(k) The downgrade of a commercial driver license or 1031
commercial instruction permit of a person pursuant to this 1032
section does not preclude the suspension of the driving 1033
privilege for that person pursuant to s. 322.2615 or the 1034
disqualification of that person from operating a commercial 1035
motor vehicle pursuant to s. 322.64. The driving privilege of a 1036
person whose commercial driver license or commercial instruction 1037
permit has been downgraded pursuant to this section also may be 1038
suspended for a violation of s. 316.193. 1039
(4) Beginning November 18, 2024, a driver for whom the 1040
department receives notificatio n that, pursuant to 49 C.F.R. s. 1041
382.501(a), such person is prohibited from operating a 1042
commercial motor vehicle may, if otherwise qualified, be issued 1043
a Class E driver license pursuant to s. 322.251(4), valid for 1044
the length of his or her unexpired license period, at no cost. 1045
Section 21. Subsection (2) of section 322.34, Florida 1046
Statutes, is amended to read: 1047
322.34 Driving while license suspended, revoked, canceled, 1048
or disqualified.— 1049
(2) Any person whose driver license or driving privilege 1050
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has been canceled, suspended, or revoked as provided by law, or 1051
who does not have a driver license or driving privilege but is 1052
under suspension or revocation equivalent status as defined in 1053
s. 322.01(43) s. 322.01(42), except persons defined in s. 1054
322.264, who, knowing of such cancellation, suspension, 1055
revocation, or suspension or revocation equivalent status, 1056
drives any motor vehicle upon the highways of this state while 1057
such license or privilege is canceled, suspended, or revoked, or 1058
while under suspensio n or revocation equivalent status, commits: 1059
(a) A misdemeanor of the second degree, punishable as 1060
provided in s. 775.082 or s. 775.083. 1061
(b)1. A misdemeanor of the first degree, punishable as 1062
provided in s. 775.082 or s. 775.083, upon a second or 1063
subsequent conviction, except as provided in paragraph (c). 1064
2. A person convicted of a third or subsequent conviction, 1065
except as provided in paragraph (c), must serve a minimum of 10 1066
days in jail. 1067
(c) A felony of the third degree, punishable as provided 1068
in s. 775.082, s. 775.083, or s. 775.084, upon a third or 1069
subsequent conviction if the current violation of this section 1070
or the most recent prior violation of the section is related to 1071
driving while license canceled, suspended, revoked, or 1072
suspension or revoca tion equivalent status resulting from a 1073
violation of: 1074
1. Driving under the influence; 1075
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2. Refusal to submit to a urine, breath -alcohol, or blood 1076
alcohol test; 1077
3. A traffic offense causing death or serious bodily 1078
injury; or 1079
4. Fleeing or eluding. 1080
1081
The element of knowledge is satisfied if the person has been 1082
previously cited as provided in subsection (1); or the person 1083
admits to knowledge of the cancellation, suspension, or 1084
revocation, or suspension or revocation equivalent status; or 1085
the person received notice as provided in subsection (4). There 1086
shall be a rebuttable presumption that the knowledge requirement 1087
is satisfied if a judgment or order as provided in subsection 1088
(4) appears in the department's records for any case except for 1089
one involving a suspension by the department for failure to pay 1090
a traffic fine or for a financial responsibility violation. 1091
Section 22. Subsection (4) of section 322.61, Florida 1092
Statutes, is amended to read: 1093
322.61 Disqualification from operating a commercial motor 1094
vehicle.— 1095
(4) Any person who is transporting hazardous materials as 1096
defined in s. 322.01(25) s. 322.01(24) shall, upon conviction of 1097
an offense specified in subsection (3), be disqualified from 1098
operating a commercial motor vehicle for a period of 3 years. 1099
The penalty provided in this subsection shall be in addition to 1100
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any other applicable penalty. 1101
Section 23. Subsection (3) of section 324.0221, Florida 1102
Statutes, is amended to read: 1103
324.0221 Reports by insurers to the department; suspension 1104
of driver license and vehicle registrations; reinstatement. — 1105
(3) An operator or owner whose driver license or 1106
registration has been suspended under this section or s. 316.646 1107
may effect its reinstatement upon compliance with the 1108
requirements of this section and upo n payment to the department 1109
of a nonrefundable reinstatement fee of $150 for the first 1110
reinstatement. The reinstatement fee is $250 for the second 1111
reinstatement and $500 for each subsequent reinstatement during 1112
the 3 years following the first reinstatement . A person 1113
reinstating her or his insurance under this subsection must also 1114
secure noncancelable coverage as described in ss. 324.021(8), 1115
324.023, and 627.7275(2) and present to the appropriate person 1116
proof that the coverage is in force on a form adopted b y the 1117
department, and such proof shall be maintained for 2 years. If 1118
the person does not have a second reinstatement within 3 years 1119
after her or his initial reinstatement, the reinstatement fee is 1120
$150 for the first reinstatement after that 3 -year period. If a 1121
person's license and registration are suspended under this 1122
section or s. 316.646, only one reinstatement fee must be paid 1123
to reinstate the license and the registration. All fees shall be 1124
collected by the department at the time of reinstatement. The 1125
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department shall issue proper receipts for such fees and shall 1126
promptly deposit those fees in the Highway Safety Operating 1127
Trust Fund. One-third of the fees collected under this 1128
subsection shall be distributed from the Highway Safety 1129
Operating Trust Fund to the local governmental entity or state 1130
agency that employed the law enforcement officer seizing the 1131
license plate pursuant to s. 324.201. The funds may be used by 1132
the local governmental entity or state agency for any authorized 1133
purpose. 1134
Section 24. Section 324.131, Florida Statutes, is amended 1135
to read: 1136
324.131 Period of suspension. —Such license, registration 1137
and nonresident's operating privilege shall remain so suspended 1138
and shall not be renewed, nor shall any such license or 1139
registration be thereafte r issued in the name of such person, 1140
including any such person not previously licensed, unless and 1141
until every such judgment is stayed, satisfied in full or to the 1142
extent of the limits stated in s. 324.021(7) and until the said 1143
person gives proof of financ ial responsibility as provided in s. 1144
324.031, such proof to be maintained for 3 years. In addition, 1145
if the person's license or registration has been suspended or 1146
revoked due to a violation of s. 316.193 or pursuant to s. 1147
322.26(2), that person shall mainta in noncancelable liability 1148
coverage for each motor vehicle registered in his or her name, 1149
as described in s. 627.7275(2), and must present proof that 1150
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coverage is in force on a form adopted by the Department of 1151
Highway Safety and Motor Vehicles, such proof to be maintained 1152
for 3 years. 1153
Section 25. Paragraph (g) of subsection (3) of section 1154
627.311, Florida Statutes, is amended to read: 1155
627.311 Joint underwriters and joint reinsurers; public 1156
records and public meetings exemptions. — 1157
(3) The office may, after consultation with insurers 1158
licensed to write automobile insurance in this state, approve a 1159
joint underwriting plan for purposes of equitable apportionment 1160
or sharing among insurers of automobile liability insurance and 1161
other motor vehicle insurance, as an alternate to the plan 1162
required in s. 627.351(1). All insurers authorized to write 1163
automobile insurance in this state shall subscribe to the plan 1164
and participate therein. The plan shall be subject to continuous 1165
review by the office which may at any t ime disapprove the entire 1166
plan or any part thereof if it determines that conditions have 1167
changed since prior approval and that in view of the purposes of 1168
the plan changes are warranted. Any disapproval by the office 1169
shall be subject to the provisions of ch apter 120. The Florida 1170
Automobile Joint Underwriting Association is created under the 1171
plan. The plan and the association: 1172
(g) Must make available noncancelable coverage as provided 1173
in s. 627.7275(2). 1174
Section 26. Paragraph (b) of subsection (2) of sec tion 1175
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627.7275, Florida Statutes, is amended to read: 1176
627.7275 Motor vehicle liability. — 1177
(2) 1178
(b) The policies described in paragraph (a) shall be 1179
issued for at least 6 months and, as to the minimum coverages 1180
required under this section, may not be canc eled by the insured 1181
for any reason or by the insurer after 60 days, during which 1182
period the insurer is completing the underwriting of the policy . 1183
After the insurer has issued completed underwriting the policy, 1184
the insurer shall notify the Department of Hig hway Safety and 1185
Motor Vehicles that the policy is in full force and effect and 1186
is not cancelable for the remainder of the policy period. A 1187
premium shall be collected and the coverage is in effect for the 1188
60-day period during which the insurer is completing the 1189
underwriting of the policy whether or not the person's driver 1190
license, motor vehicle tag, and motor vehicle registration are 1191
in effect. Once the noncancelable provisions of the policy 1192
becomes become effective, the coverages for bodily injury, 1193
property damage, and personal injury protection may not be 1194
reduced below the minimum limits required under s. 324.021 or s. 1195
324.023 during the policy period. 1196
Section 27. Except as otherwise expressly provided in this 1197
act, this act shall take effect July 1, 2023. 1198