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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 using a nonproprietary, interchangeable 9
electronic form and reporting method; defining the 10
term "nonproprietary"; requiring such crash reports to 11
be consistent with certain rules and procedures and to 12
be numbered and inventoried; authorizing law 13
enforcement agencies and their contracted service 14
providers to have access to confidential crash reports 15
held by an agency; amending s. 316.2935, F.S.; 16
providing an exception to requirements for 17
certification of air pollution control equipment by a 18
motor vehicle seller, lessor, or transferor; amending 19
s. 316.302, F.S.; revising the list of federal rules 20
and regulations to which owners and drivers of certain 21
commercial motor vehicles are subject; amending s. 22
319.14, F.S.; requiring a certificate of title for a 23
flood vehicle to specify the type of water that caus ed 24
damage to the vehicle; revising the definition of the 25
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term "flood vehicle"; amending s. 319.23, F.S.; making 26
a technical change; amending s. 319.28, F.S.; 27
providing that a certain affidavit constitutes proof 28
of ownership and right of possession to a mot or 29
vehicle or mobile home the previous owner of which 30
died testate; amending s. 319.29, F.S.; prohibiting 31
the department or a tax collector from charging a fee 32
for reissuance of certain certificates of title; 33
amending s. 319.30, F.S.; revising and providin g 34
definitions; providing requirements for an independent 35
entity's release of a damaged or dismantled vessel to 36
the owner; authorizing the independent entity to apply 37
for certain certificates for an unclaimed vessel; 38
providing requirements for such applicat ion; 39
specifying provisions to which the independent entity 40
is subject; prohibiting the independent entity from 41
charging vessel storage fees; amending s. 320.06, 42
F.S.; authorizing permanent registration of certain 43
rental trucks; authorizing the department t o deem a 44
license plate with reduced dimensions to be necessary 45
to accommodate trailers; amending s. 320.08056, F.S.; 46
providing that a certain discontinuation requirement 47
for specialty license plates does not apply to 48
collegiate license plates; amending s. 320.08058, 49
F.S.; providing that collegiate license plates are not 50
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subject to specified presale requirements for 51
specialty license plates; authorizing the department 52
to reauthorize previously discontinued collegiate 53
license plates under certain circumstance s; revising 54
the distribution and use of fees collected from the 55
sale of the Protect Florida Springs license plate; 56
revising the words appearing on the American Eagle 57
license plate; amending s. 320.084, F.S.; authorizing 58
certain disabled veterans to be issu ed a military 59
license plate or specialty license plate in lieu of a 60
"DV" license plate; specifying applicable fees; 61
specifying nonapplicability of certain provisions; 62
amending s. 322.01, F.S.; revising and providing 63
definitions; amending s. 322.02, F.S.; c harging the 64
department with enforcement and administration of 65
certain federal provisions; amending s. 322.05, F.S.; 66
prohibiting the department from issuing a commercial 67
motor vehicle operator license to certain persons; 68
amending s. 322.07, F.S.; revising r equirements for 69
issuance of a temporary commercial instruction permit; 70
amending s. 322.141, F.S.; requiring certain 71
information on the driver license or identification 72
card of a sexual offender or sexual predator to be 73
printed in red; amending s. 322.142, F.S.; authorizing 74
the department to issue reproductions of certain files 75
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and records to certain criminal justice or driver 76
licensing agencies for certain purposes; amending s. 77
322.21, F.S.; authorizing reinstatement of a 78
commercial driver license after a d owngrade of the 79
person's privilege to operate a commercial motor 80
vehicle under certain circumstances; creating s. 81
322.591, F.S.; requiring the department to obtain a 82
driver's record from the Commercial Driver's License 83
Drug and Alcohol Clearinghouse under certain 84
circumstances; prohibiting the department from 85
issuing, renewing, transferring, or revising the types 86
of authorized vehicles or the endorsements of certain 87
commercial driver licenses or commercial instruction 88
permits if the department receives a ce rtain 89
notification; requiring the department to downgrade a 90
commercial driver license or commercial instruction 91
permit within a specified timeframe if the department 92
receives a certain notification; requiring the 93
department to notify certain drivers of the ir 94
prohibition from operating a commercial motor vehicle 95
and, upon request, afford them an opportunity for an 96
informal hearing; providing requirements for such 97
notice and hearing; requiring the department to enter 98
a final order to downgrade a commercial dr iver license 99
or commercial instruction permit under certain 100
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circumstances; specifying that a request for a hearing 101
tolls certain deadlines; specifying that certain 102
notifications received by the department must be in 103
the record for consideration and are sel f-104
authenticating; specifying that the basis for the 105
notification and the information in the Commercial 106
Driver's License Drug and Alcohol Clearinghouse are 107
not subject to challenge; requiring the department to 108
dismiss the downgrade of a commercial driver li cense 109
or instruction permit under certain circumstances; 110
requiring the department to record in the driver's 111
record that he or she is disqualified from operating a 112
commercial motor vehicle under certain circumstances; 113
specifying that certain actions are not stayed during 114
the pendency of certain proceedings; requiring the 115
department to reinstate a commercial driver license or 116
commercial instruction permit under certain 117
circumstances; exempting the department from liability 118
for certain commercial driver licens e or commercial 119
instruction permit downgrades; designating the 120
exclusive procedure for the downgrade of commercial 121
driver licenses or commercial instruction permits; 122
providing construction and applicability; authorizing 123
the department to issue at no cost a specified driver 124
license to certain persons prohibited from operating a 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
commercial motor vehicle; amending ss. 322.34 and 126
322.61, F.S.; conforming cross -references; amending 127
ss. 324.0221, 324.131, 627.311, and 627.351, F.S.; 128
conforming provisions to chang es made by the act; 129
amending s. 627.7275, F.S.; removing provisions 130
relating to noncancelable motor vehicle insurance; 131
providing effective dates. 132
133
Be It Enacted by the Legislature of the State of Florida: 134
135
Section 1. Paragraph (a) of subsection (1) of section 136
207.004, Florida Statutes, is amended to read: 137
207.004 Registration of motor carriers; identifying 138
devices; fees; renewals; temporary fuel -use permits and 139
driveaway permits.— 140
(1)(a) A No motor carrier may not shall operate or cause 141
to be operated in this state any commercial motor vehicle, other 142
than a Florida-based commercial motor vehicle that travels 143
Florida intrastate mileage only, that uses diesel fuel or motor 144
fuel until such carrier has registered with the department or 145
has registered under a cooperative reciprocal agreement as 146
described in s. 207.0281, after such time as this state enters 147
into such agreement, and has been issued an identifying device 148
or such carrier has been issued a permit as authorized under 149
subsections (4) and (5) for each vehicle operated. The fee for 150
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each such identifying device issued is There shall be a fee of 151
$4 per year or any fraction thereof for each such identifying 152
device issued. The identifying device must shall be provided by 153
the department and must be c onspicuously displayed on the 154
commercial motor vehicle as prescribed by the department while 155
it is being operated on the public highways of this state. The 156
transfer of an identifying device from one vehicle to another 157
vehicle or from one motor carrier to a nother motor carrier is 158
prohibited. The department or its authorized agent shall issue 159
licenses and fuel tax decals. 160
Section 2. The Legislature finds that a proper and 161
legitimate purpose is served when crash reports required under 162
s. 316.066, Florida S tatutes, are filed electronically with the 163
Department of Highway Safety and Motor Vehicles by all entities 164
required to submit crash reports. Electronic filing will 165
expedite the availability of crash reports to the persons 166
authorized to receive them, simpli fy the process of making crash 167
reports available, and expedite the availability of information 168
derived from crash reports to improve highway safety. The 169
requirement of this act that all law enforcement agencies that 170
prepare crash reports submit the complet ed crash reports 171
electronically to the Department of Highway Safety and Motor 172
Vehicles applies to all similarly situated persons, including 173
school district law enforcement agencies, state university law 174
enforcement agencies, and state law enforcement agenc ies. 175
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Therefore, the Legislature determines and declares that the 176
amendments made by this act to s. 316.066, Florida Statutes, 177
fulfill an important state interest. 178
Section 3. Effective July 1, 2025, paragraph (a) of 179
subsection (1) and paragraph (b) of s ubsection (2) of section 180
316.066, Florida Statutes, are amended to read: 181
316.066 Written reports of crashes ; electronic 182
submission.— 183
(1)(a) All traffic law enforcement agencies must provide 184
uniform crash reports by electronic means to the department 185
using a nonproprietary, interchangeable electronic form and 186
reporting method. For purposes of this section, the term 187
"nonproprietary" means commonly used and commercially available 188
report formats and reporting methods. Such crash reports must be 189
consistent with the state traffic crash manual rules and the 190
procedures established by the department and must be 191
appropriately numbered and inventoried. A Florida Traffic Crash 192
Report, Long Form must be completed and electronically submitted 193
to the department within 10 days after an investigation is 194
completed by the law enforcement officer who in the regular 195
course of duty investigates a motor vehicle crash that: 196
1. Resulted in death of, personal injury to, or any 197
indication of complaints of pain or discomfort by an y of the 198
parties or passengers involved in the crash; 199
2. Involved a violation of s. 316.061(1) or s. 316.193; 200
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3. Rendered a vehicle inoperable to a degree that required 201
a wrecker to remove it from the scene of the crash; or 202
4. Involved a commercial m otor vehicle. 203
(2) 204
(b) Crash reports held by an agency under paragraph (a) 205
may be made immediately available to the parties involved in the 206
crash, their legal representatives, their licensed insurance 207
agents, their insurers or insurers to which they have applied 208
for coverage, persons under contract with such insurers to 209
provide claims or underwriting information, law enforcement 210
agencies and their contracted service providers, victim services 211
programs, and any federal, state, or local governmental agency 212
or any private person or entity acting on behalf of a federal, 213
state, or local governmental agency in carrying out its 214
functions, but not for redistribution to any person or entity 215
not listed in this subsection. Crash reports held by an agency 216
under paragraph (a) which do not contain the home or employment 217
street addresses, driver license or identification card numbers, 218
dates of birth, and home and employment telephone numbers of the 219
parties involved in the crash shall be made immediately 220
available to radio and television stations licensed by the 221
Federal Communications Commission and newspapers qualified to 222
publish legal notices under ss. 50.011 and 50.031. A crash 223
report may also be made available to any third party acting on 224
behalf of a person or entity au thorized under this section to 225
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access the crash report, except that the third party may 226
disclose the crash report only to the person or entity 227
authorized to access the crash report under this section on 228
whose behalf the third party has sought the report. T his section 229
shall not prevent an agency, pursuant to a memorandum of 230
understanding, from providing data derived from crash reports to 231
a third party solely for the purpose of identifying vehicles 232
involved in crashes if such data does not reveal the identity , 233
home or employment telephone number or home or employment 234
address, or other personal information of the parties involved 235
in the crash. 236
Section 4. Paragraph (b) of subsection (1) of section 237
316.2935, Florida Statutes, is amended to read: 238
316.2935 Air pollution control equipment; tampering 239
prohibited; penalty. — 240
(1) 241
(b) At the time of sale, lease, or transfer of title of a 242
motor vehicle, the seller, lessor, or transferor shall certify 243
in writing to the purchaser, lessee, or transferee that the air 244
pollution control equipment of the motor vehicle has not been 245
tampered with by the seller, lessor, or transferor or their 246
agents, employees, or other representatives. A licensed motor 247
vehicle dealer shall also visually observe those air pollution 248
control devices listed by department rule pursuant to subsection 249
(7), and certify that they are in place, and appear properly 250
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connected and undamaged. Such certification shall not be deemed 251
or construed as a warranty that the pollution control devices of 252
the subject vehicle are in functional condition, nor does the 253
execution or delivery of this certification create by itself 254
grounds for a cause of action between the parties to this 255
transaction. This paragraph does not apply when the purchaser of 256
the motor vehicle is a lessee purchasing the leased motor 257
vehicle and the licensed motor vehicle dealer is not in 258
possession of the motor vehicle at the time of sale. 259
Section 5. Paragraphs (a), (b), and (e) of subsection (1), 260
paragraph (d) of subsection (2), and subsecti on (9) of section 261
316.302, Florida Statutes, are amended to read: 262
316.302 Commercial motor vehicles; safety regulations; 263
transporters and shippers of hazardous materials; enforcement. — 264
(1)(a) All owners and drivers of commercial motor vehicles 265
that are operated on the public highways of this state while 266
engaged in interstate commerce are subject to the rules and 267
regulations contained in 49 C.F.R. parts 382, 383, 384, 385, 268
386, and 390-397. 269
(b) Except as otherwise provided in this section, all 270
owners and drivers of commercial motor vehicles that are engaged 271
in intrastate commerce are subject to the rules and regulations 272
contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390-273
397, as such rules and regulations existed on December 31, 2022 274
2020. 275
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(e) A person who operates a commercial motor vehicle 276
solely in intrastate commerce which does not transport hazardous 277
materials in amounts that require placarding pursuant to 49 278
C.F.R. part 172 need not comply with the requirements of 279
electronic logging dev ices and hours of service supporting 280
documents as provided in 49 C.F.R. parts 385, 386, 390, and 395 281
until December 31, 2019. 282
(2) 283
(d) A person who operates a commercial motor vehicle 284
solely in intrastate commerce not transporting any hazardous 285
material in amounts that require placarding pursuant to 49 286
C.F.R. part 172 within a 150 air -mile radius of the location 287
where the vehicle is based need not comply with 49 C.F.R. ss. 288
395.8 and 395.11 s. 395.8 if the requirements of 49 C.F.R. s. 289
395.1(e)(1) (iii) and (iv) s. 395.1(e)(1)(ii), (iii)(A) and (C), 290
and (v) are met. 291
(9) For the purpose of enforcing this section, any law 292
enforcement officer of the Department of Highway Safety and 293
Motor Vehicles or duly appointed agent who holds a current 294
safety inspector certification from the Commercial Vehicle 295
Safety Alliance may require the driver of any commercial vehicle 296
operated on the highways of this state to stop and submit to an 297
inspection of the vehicle or the driver's records. If the 298
vehicle or driver is found to be operating in an unsafe 299
condition, or if any required part or equipment is not present 300
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or is not in proper repair or adjustment, and the continued 301
operation would present an unduly hazardous operating condition, 302
the officer or agent may require the vehi cle or the driver to be 303
removed from service pursuant to the North American Standard 304
Out-of-Service Criteria, until corrected. However, if continuous 305
operation would not present an unduly hazardous operating 306
condition, the officer or agent may give written notice 307
requiring correction of the condition within 15 days. 308
(a) Any member of the Florida Highway Patrol or any law 309
enforcement officer employed by a sheriff's office or municipal 310
police department authorized to enforce the traffic laws of this 311
state pursuant to s. 316.640 who has reason to believe that a 312
vehicle or driver is operating in an unsafe condition may, as 313
provided in subsection (11), enforce the provisions of this 314
section. 315
(b) Any person who fails to comply with a an officer's 316
request to submit to an inspection under this subsection commits 317
a violation of s. 843.02 if the person resists the officer 318
without violence or a violation of s. 843.01 if the person 319
resists the officer with violence. 320
Section 6. Paragraphs (b) and (c) of subsection (1) of 321
section 319.14, Florida Statutes, are amended to read: 322
319.14 Sale of motor vehicles registered or used as 323
taxicabs, police vehicles, lease vehicles, rebuilt vehicles, 324
nonconforming vehicles, custom vehicles, or street rod vehicles; 325
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conversion of low-speed vehicles.— 326
(1) 327
(b) A person may not knowingly offer for sale, sell, or 328
exchange a rebuilt vehicle until the department has stamped in a 329
conspicuous place on the certificate of title for the vehicle 330
words stating that the vehicle has been rebu ilt or assembled 331
from parts, or is a kit car, glider kit, replica, flood vehicle, 332
custom vehicle, or street rod vehicle unless proper application 333
for a certificate of title for a vehicle that is rebuilt or 334
assembled from parts, or is a kit car, glider kit, replica, 335
flood vehicle, custom vehicle, or street rod vehicle has been 336
made to the department in accordance with this chapter and the 337
department has conducted the physical examination of the vehicle 338
to assure the identity of the vehicle and all major comp onent 339
parts, as defined in s. 319.30(1), which have been repaired or 340
replaced. If a vehicle is identified as a flood vehicle, the 341
words stamped on the certificate of title must identify the type 342
of water that caused damage to the vehicle as "salt water," 343
"fresh water," or "other or unknown water type," as applicable. 344
Thereafter, the department shall affix a decal to the vehicle, 345
in the manner prescribed by the department, showing the vehicle 346
to be rebuilt. 347
(c) As used in this section, the term: 348
9.1. "Police vehicle" means a motor vehicle owned or 349
leased by the state or a county or municipality and used in law 350
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enforcement. 351
13.2.a. "Short-term-lease vehicle" means a motor vehicle 352
leased without a driver and under a written agreement to one or 353
more persons from time to time for a period of less than 12 354
months. 355
7.b. "Long-term-lease vehicle" means a motor vehicle 356
leased without a driver and under a written agreement to one 357
person for a period of 12 months or longer. 358
6.c. "Lease vehicle" includes bo th short-term-lease 359
vehicles and long-term-lease vehicles. 360
10.3. "Rebuilt vehicle" means a motor vehicle or mobile 361
home built from salvage or junk, as defined in s. 319.30(1). 362
1.4. "Assembled from parts" means a motor vehicle or 363
mobile home assembled f rom parts or combined from parts of motor 364
vehicles or mobile homes, new or used. The term "assembled from 365
parts" does not include mean a motor vehicle defined as a 366
"rebuilt vehicle as defined" in subparagraph 10. 3., which has 367
been declared a total loss pu rsuant to s. 319.30. 368
5. "Kit car" means a motor vehicle assembled with a kit 369
supplied by a manufacturer to rebuild a wrecked or outdated 370
motor vehicle with a new body kit. 371
4.6. "Glider kit" means a vehicle assembled with a kit 372
supplied by a manufacture r to rebuild a wrecked or outdated 373
truck or truck tractor. 374
11.7. "Replica" means a complete new motor vehicle 375
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manufactured to look like an old vehicle. 376
3.8. "Flood vehicle" means a motor vehicle or mobile home 377
that has been declared to be a total loss pursuant to s. 378
319.30(3)(a) resulting from damage caused by salt water, fresh 379
water, or other or unknown type of water. 380
8.9. "Nonconforming vehicle" means a motor vehicle that 381
which has been purchased by a manufacturer pursuant to a 382
settlement, determination, or decision under chapter 681. 383
12.10. "Settlement" means an agreement entered into 384
between a manufacturer and a consumer which that occurs after a 385
dispute is submitted to a pr ogram, or to an informal dispute 386
settlement procedure established by a manufacturer, or is 387
approved for arbitration before the Florida New Motor Vehicle 388
Arbitration Board as defined in s. 681.102. 389
2.11. "Custom vehicle" means a motor vehicle that: 390
a. Is 25 years of age or older and of a model year after 391
1948 or was manufactured to resemble a vehicle that is 25 years 392
of age or older and of a model year after 1948; and 393
b. Has been altered from the manufacturer's original 394
design or has a body constructed from nonoriginal materials. 395
396
The model year and year of manufacture that the body of a custom 397
vehicle resembles is the model year and year of manufacture 398
listed on the certificate of title, regardless of when the 399
vehicle was actually manufactured. 400
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14.12. "Street rod" means a motor vehicle that: 401
a. Is of a model year of 1948 or older or was manufactured 402
after 1948 to resemble a vehicle of a model year of 1948 or 403
older; and 404
b. Has been altered from the manufacturer's original 405
design or has a body const ructed from nonoriginal materials. 406
407
The model year and year of manufacture that the body of a street 408
rod resembles is the model year and year of manufacture listed 409
on the certificate of title, regardless of when the vehicle was 410
actually manufactured. 411
Section 7. Subsection (3) of section 319.23, Florida 412
Statutes, is amended to read: 413
319.23 Application for, and issuance of, certificate of 414
title.— 415
(3) If a certificate of title has not previously been 416
issued for a motor vehicle or mobile home in this st ate, the 417
application, unless otherwise provided for in this chapter, 418
shall be accompanied by a proper bill of sale or sworn statement 419
of ownership, or a duly certified copy thereof, or by a 420
certificate of title, bill of sale, or other evidence of 421
ownership required by the law of the state or country county 422
from which the motor vehicle or mobile home was brought into 423
this state. The application shall also be accompanied by: 424
(a)1. A sworn affidavit from the seller and purchaser 425
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verifying that the vehicle id entification number shown on the 426
affidavit is identical to the vehicle identification number 427
shown on the motor vehicle; or 428
2. An appropriate departmental form evidencing that a 429
physical examination has been made of the motor vehicle by the 430
owner and by a duly constituted law enforcement officer in any 431
state, a licensed motor vehicle dealer, a license inspector as 432
provided by s. 320.58, or a notary public commissioned by this 433
state and that the vehicle identification number shown on such 434
form is identical to the vehicle identification number shown on 435
the motor vehicle; and 436
(b) If the vehicle is a used car original, a sworn 437
affidavit from the owner verifying that the odometer reading 438
shown on the affidavit is identical to the odometer reading 439
shown on the motor vehicle in accordance with the requirements 440
of 49 C.F.R. s. 580.5 at the time that application for title is 441
made. For the purposes of this section, the term "used car 442
original" means a used vehicle coming into and being titled in 443
this state for the first time. 444
(c) If the vehicle is an ancient or antique vehicle, as 445
defined in s. 320.086, the application shall be accompanied by a 446
certificate of title; a bill of sale and a registration; or a 447
bill of sale and an affidavit by the owner defending the ti tle 448
from all claims. The bill of sale must contain a complete 449
vehicle description to include the vehicle identification or 450
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engine number, year make, color, selling price, and signatures 451
of the seller and purchaser. 452
453
Verification of the vehicle identificati on number is not 454
required for any new motor vehicle; any mobile home; any trailer 455
or semitrailer with a net weight of less than 2,000 pounds; or 456
any travel trailer, camping trailer, truck camper, or fifth -457
wheel recreation trailer. 458
Section 8. Paragraphs (c) and (d) of subsection (1) of 459
section 319.28, Florida Statutes, are redesignated as paragraphs 460
(d) and (e), respectively, and a new paragraph (c) is added to 461
that subsection to read: 462
319.28 Transfer of ownership by operation of law. — 463
(1) 464
(c) If the previous owner died testate and the application 465
for a certificate of title is made by, and accompanied by an 466
affidavit attested by, a Florida -licensed attorney in good 467
standing with The Florida Bar who is representing the previous 468
owner's estate, such af fidavit shall, for purposes of paragraph 469
(a), constitute satisfactory proof of ownership and right of 470
possession to the motor vehicle or mobile home, so long as the 471
affidavit sets forth the rightful heir or heirs and the attorney 472
attests in the affidavit t hat such heir or heirs are lawfully 473
entitled to the rights of ownership and possession of the motor 474
vehicle or mobile home. It shall not be necessary for the 475
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application for certificate of title filed under this paragraph 476
to be accompanied by a copy of the will or other testamentary 477
instrument. 478
Section 9. Subsection (3) of section 319.29, Florida 479
Statutes, is amended to read: 480
319.29 Lost or destroyed certificates. — 481
(3) If, following the issuance of an original, duplicate, 482
or corrected certificate of title by the department, the 483
certificate is lost in transit and is not delivered to the 484
addressee, the owner of the motor vehicle or mobile home, or the 485
holder of a lien thereon, may, within 180 days after of the date 486
of issuance of the title, apply to th e department for reissuance 487
of the certificate of title. An No additional fee shall not be 488
charged by the department or a tax collector, as agent for the 489
department, for reissuance under this subsection. 490
Section 10. Paragraphs (g) and (j) of subsection (1) and 491
subsection (9) of section 319.30, Florida Statutes, are amended, 492
and paragraph (y) is added to subsection (1) of that section, to 493
read: 494
319.30 Definitions; dismantling, destruction, change of 495
identity of motor vehicle or mobile home; salvage. — 496
(1) As used in this section, the term: 497
(g) "Independent entity" means a business or entity that 498
may temporarily store damaged or dismantled motor vehicles or 499
vessels pursuant to an agreement with an insurance company and 500
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is engaged in the sale or resale of damaged or dismantled motor 501
vehicles or vessels. The term does not include a wrecker 502
operator, a towing company, or a repair facility. 503
(j) "Major component parts" means: 504
1. For motor vehicles other than motorcycles and electric, 505
hybrid, or plug-in hybrid motor vehicles , any fender, hood, 506
bumper, cowl assembly, rear quarter panel, trunk lid, door, 507
decklid, floor pan, engine, frame, transmission, catalytic 508
converter, or airbag. 509
2. For trucks other than electric, hybrid, or plug -in 510
hybrid motor vehicles, in addition to those parts listed in 511
subparagraph 1., any truck bed, including dump, wrecker, crane, 512
mixer, cargo box, or any bed which mounts to a truck frame. 513
3. For motorcycles, the body assembly, frame, fenders, gas 514
tanks, engine, cylinder block , heads, engine case, crank case, 515
transmission, drive train, front fork assembly, and wheels. 516
4. For mobile homes, the frame. 517
5. For electric, hybrid, or plug -in hybrid motor vehicles, 518
any fender, hood, bumper, cowl assembly, rear quarter panel, 519
trunk lid, door, decklid, floor pan, engine, electric traction 520
motor, frame, transmission or electronic transmission, charge 521
port, DC power converter, onboard charger, power electronics 522
controller, thermal system, traction battery pack, catalytic 523
converter, or airbag. 524
(y) "Vessel" has the same meaning as provided in s. 525
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713.78(1)(b). 526
(9)(a) An insurance company may notify an independent 527
entity that obtains possession of a damaged or dismantled motor 528
vehicle or vessel to release the vehicle or vessel to the owner. 529
The insurance company shall provide the independent entity a 530
release statement on a form prescribed by the department 531
authorizing the independent entity to release the vehicle or 532
vessel to the owner or lienholder. The form must, at a minimum, 533
contain the following: 534
1. The policy and claim number. 535
2. The name and address of the insured. 536
3. The vehicle identification number or vessel hull 537
identification number . 538
4. The signature of an authorized representative of the 539
insurance company. 540
(b) The independent entity in possession of a motor 541
vehicle or vessel must send a notice to the owner that the 542
vehicle or vessel is available for pickup when it receives a 543
release statement from the insurance company. The notice shall 544
be sent by certified mail or by another commercially available 545
delivery service that provides proof of delivery to the owner at 546
the owner's address contained in the department's records. The 547
notice must state that the owner has 30 days after delivery of 548
the notice to the owner at the ow ner's address to pick up the 549
vehicle or vessel from the independent entity. If the motor 550
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vehicle or vessel is not claimed within 30 days after the 551
delivery or attempted delivery of the notice, the independent 552
entity may apply for a certificate of destructi on, a salvage 553
certificate of title, or a certificate of title. For a hull-554
damaged vessel, the independent entity shall comply with s. 555
328.045 as applicable. 556
(c) If the department's records do not contain the owner's 557
address, the independent entity must d o all of the following: 558
1. Send a notice that meets the requirements of paragraph 559
(b) to the owner's address that is provided by the insurance 560
company in the release statement. 561
2. For a vehicle, identify the latest titling jurisdiction 562
of the vehicle through use of the National Motor Vehicle Title 563
Information System or an equivalent commercially available 564
system and attempt to obtain the owner's address from that 565
jurisdiction. If the jurisdiction returns an address that is 566
different from the owner's add ress provided by the insurance 567
company, the independent entity must send a notice that meets 568
the requirements of paragraph (b) to both addresses. 569
(d) The independent entity shall maintain for at least a 570
minimum of 3 years the records related to the 30 -day notice sent 571
to the owner. For vehicles, the independent entity shall also 572
maintain for at least 3 years the results of searches of the 573
National Motor Vehicle Title Information System or an equivalent 574
commercially available system , and the notification to the 575
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National Motor Vehicle Title Information System made pursuant to 576
paragraph (e). 577
(e) The independent entity shall make the required 578
notification to the National Motor Vehicle Title Information 579
System before releasing any damaged or dismantled motor v ehicle 580
to the owner or before applying for a certificate of destruction 581
or salvage certificate of title. The independent entity is not 582
required to notify the National Motor Vehicle Title Information 583
System before releasing any damaged or dismantled vessel to the 584
owner or before applying for a certificate of title. 585
(f) Upon applying for a certificate of destruction , or 586
salvage certificate of title, or certificate of title, the 587
independent entity shall provide a copy of the release statement 588
from the insurance company to the independent entity, proof of 589
providing the 30-day notice to the owner, proof of notification 590
to the National Motor Vehicle Title Information System if 591
required, proof of all lien satisfactions or proof of a release 592
of all liens on the mo tor vehicle or vessel, and applicable 593
fees. If the independent entity is unable to obtain a lien 594
satisfaction or a release of all liens on the motor vehicle or 595
vessel, the independent entity must provide an affidavit stating 596
that notice was sent to all lie nholders that the motor vehicle 597
or vessel is available for pickup, 30 days have passed since the 598
notice was delivered or attempted to be delivered pursuant to 599
this section, attempts have been made to obtain a release from 600
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all lienholders, and all such atte mpts have been to no avail. 601
The notice to lienholders and attempts to obtain a release from 602
lienholders may be by written request delivered in person or by 603
certified mail or another commercially available delivery 604
service that provides proof of delivery to the lienholder at the 605
lienholder's address as provided on the certificate of title and 606
to the address designated with the Department of State pursuant 607
to s. 655.0201(2) if such address is different. 608
(g) The independent entity may not charge an owner of the 609
vehicle or vessel storage fees or apply for a title under s. 610
713.585 or s. 713.78. 611
Section 11. Paragraph (b) of subsection (1) and paragraph 612
(a) of subsection (3) of section 320.06, Florida Statutes, are 613
amended to read: 614
320.06 Registration certi ficates, license plates, and 615
validation stickers generally. — 616
(1) 617
(b)1. Registration license plates bearing a graphic symbol 618
and the alphanumeric system of identification shall be issued 619
for a 10-year period. At the end of the 10 -year period, upon 620
renewal, the plate shall be replaced. The department shall 621
extend the scheduled license plate replacement date from a 6 -622
year period to a 10-year period. The fee for such replacement is 623
$28, $2.80 of which shall be paid each year before the plate is 624
replaced, to be credited toward the next $28 replacement fee. 625
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The fees shall be deposited into the Highway Safety Operating 626
Trust Fund. A credit or refund may not be given for any prior 627
years' payments of the prorated replacement fee if the plate is 628
replaced or surrendered before the end of the 10 -year period, 629
except that a credit may be given if a registrant is required by 630
the department to replace a license plate under s. 631
320.08056(8)(a). With each license plate, a validation sticker 632
shall be issued showing the owner' s birth month, license plate 633
number, and the year of expiration or the appropriate renewal 634
period if the owner is not a natural person. The validation 635
sticker shall be placed on the upper right corner of the license 636
plate. The license plate and validation sticker shall be issued 637
based on the applicant's appropriate renewal period. The 638
registration period is 12 months, the extended registration 639
period is 24 months, and all expirations occur based on the 640
applicant's appropriate registration period. Rental veh icles 641
taxed pursuant to s. 320.08(6)(a) and rental trucks taxed 642
pursuant to s. 320.08(3)(a), (b), and (c) and (4)(a) -(d) may 643
elect a permanent registration period, provided payment of the 644
appropriate license taxes and fees occurs annually. 645
2. A vehicle that has an apportioned registration shall be 646
issued an annual license plate and a cab card that denote the 647
declared gross vehicle weight for each apportioned jurisdiction 648
in which the vehicle is authorized to operate. This subparagraph 649
expires June 30, 202 4. 650
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3. Beginning July 1, 2024, a vehicle registered in 651
accordance with the International Registration Plan must be 652
issued a license plate for a 3 -year period. At the end of the 3 -653
year period, upon renewal, the license plate must be replaced. 654
Each license plate must include a validation sticker showing the 655
month of expiration. A cab card denoting the declared gross 656
vehicle weight for each apportioned jurisdiction must be issued 657
annually. The fee for an original or a renewal cab card is $28, 658
which must be deposited into the Highway Safety Operating Trust 659
Fund. If the license plate is damaged or worn, it may be 660
replaced at no charge by applying to the department and 661
surrendering the current license plate. 662
4. In order to retain the efficient administration of the 663
taxes and fees imposed by this chapter, the 80 -cent fee increase 664
in the replacement fee imposed by chapter 2009 -71, Laws of 665
Florida, is negated as provided in s. 320.0804. 666
(3)(a) Registration license plates must be made of metal 667
specially treated wi th a retroreflection material, as specified 668
by the department. The registration license plate is designed to 669
increase nighttime visibility and legibility and must be at 670
least 6 inches wide and not less than 12 inches in length, 671
unless a plate with reduced dimensions is deemed necessary by 672
the department to accommodate motorcycles, mopeds, or similar 673
smaller vehicles, or trailers. Validation stickers must also be 674
treated with a retroreflection material, must be of such size as 675
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specified by the department, an d must adhere to the license 676
plate. The registration license plate must be imprinted with a 677
combination of bold letters and numerals or numerals, not to 678
exceed seven digits, to identify the registration license plate 679
number. The license plate must be impri nted with the word 680
"Florida" at the top and the name of the county in which it is 681
sold, the state motto, or the words "Sunshine State" at the 682
bottom. Apportioned license plates must have the word 683
"Apportioned" at the bottom, and license plates issued for 684
vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or 685
(c), or (14) must have the word "Restricted" at the bottom. 686
License plates issued for vehicles taxed under s. 320.08(12) 687
must be imprinted with the word "Florida" at the top and the 688
word "Dealer" at the bottom unless the license plate is a 689
specialty license plate as authorized in s. 320.08056. 690
Manufacturer license plates issued for vehicles taxed under s. 691
320.08(12) must be imprinted with the word "Florida" at the top 692
and the word "Manufacturer" at the bottom. License plates issued 693
for vehicles taxed under s. 320.08(5)(d) or (e) must be 694
imprinted with the word "Wrecker" at the bottom. Any county may, 695
upon majority vote of the county commission, elect to have the 696
county name removed from the licens e plates sold in that county. 697
The state motto or the words "Sunshine State" shall be printed 698
in lieu thereof. A license plate issued for a vehicle taxed 699
under s. 320.08(6) may not be assigned a registration license 700
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number, or be issued with any other disti nctive character or 701
designation, that distinguishes the motor vehicle as a for -hire 702
motor vehicle. 703
Section 12. Paragraph (f) of subsection (8) of section 704
320.08056, Florida Statutes, is amended to read: 705
320.08056 Specialty license plates. — 706
(8) 707
(f) Notwithstanding paragraph (a), on January 1 of each 708
year, the department shall discontinue the specialty license 709
plate with the fewest number of plates in circulation, including 710
license plates exempt from a statutory sales requirement. The 711
department shall mail a warning letter to the sponsoring 712
organizations of the 10 percent of specialty license plates with 713
the lowest number of valid, active registrations as of December 714
1 of each year. This paragraph does not apply to collegiate 715
license plates establishe d under s. 320.08058(3). 716
Section 13. Subsections (3) and (58) and paragraph (a) of 717
subsection (95) of section 320.08058, Florida Statutes, are 718
amended to read: 719
320.08058 Specialty license plates. — 720
(3) COLLEGIATE LICENSE PLATES. — 721
(a) The department shall develop a collegiate license 722
plate as provided in this section for state and independent 723
universities domiciled in this state. However, any collegiate 724
license plate created or established after October 1, 2002, must 725
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comply with the requirements of s. 320.08053 other than the 726
presale requirements in s. 320.08053(2)(b) and be specifically 727
authorized by an act of the Legislature. Collegiate license 728
plates must bear the colors and design approved by the 729
department as appropriate for each state and indep endent 730
university. The word "Florida" must be stamped across the bottom 731
of the plate in small letters. 732
(b) A collegiate plate annual use fee is to be distributed 733
to the state or independent university foundation designated by 734
the purchaser for deposit in an unrestricted account. The Board 735
of Governors of the State University System shall require each 736
state university to submit a plan for approval of the 737
expenditure of all funds so designated. These funds may be used 738
only for academic enhancement, includin g scholarships and 739
private fundraising activities. 740
(c) If a collegiate license plate has previously been 741
discontinued pursuant to s. 320.08056(8)(f), the department may 742
reauthorize the collegiate license plate if the state or 743
independent university resub mits the collegiate license plate 744
for authorization. 745
(58) PROTECT FLORIDA SPRINGS LICENSE PLATES. — 746
(a) The department shall develop a Protect Florida Springs 747
license plate as provided in this section. The word "Florida" 748
must appear at the top of the pl ate, and the words "Protect 749
Florida Springs" must appear at the bottom of the plate. 750
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(b) The annual use fees shall be distributed to the Fish & 751
Wildlife Foundation of Florida, Inc., a citizen support 752
organization created pursuant to s. 379.223, which sha ll 753
administer the fees as follows: 754
1. Wildlife Foundation of Florida, Inc., shall retain the 755
first $60,000 of the annual use fees as direct reimbursement for 756
administrative costs, startup costs, and costs incurred in the 757
development and approval process. 758
1.2. Up to Thereafter, a maximum of 10 percent of the fees 759
may be used for administrative costs directly associated with 760
education programs, conservation, springs research, and grant 761
administration of the foundation. A maximum of 15 percent of the 762
fees may be used for continuing promotion a nd marketing of the 763
license plate. 764
2.3. At least 75 55 percent of the fees shall be available 765
for the conservation of Florida's freshwater springs, including 766
scientific research, springs habitat restoration, springs 767
protection, and public education regar ding springs competitive 768
grants for targeted community -based springs research not 769
currently available for state funding. The remaining 20 percent 770
shall be directed toward community outreach programs aimed at 771
implementing such research findings . The majority of funds shall 772
be awarded via competitive grants shall be administered and 773
approved by the board of directors of the Fish & Wildlife 774
Foundation of Florida , Inc., with input from a . The granting 775
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advisory committee shall be composed of nine members, includ ing 776
one representative from the Fish and Wildlife Conservation 777
Commission, one representative from the Department of 778
Environmental Protection, one representative from the Department 779
of Health, one representative from the Department of Economic 780
Opportunity, three citizen representatives, and two 781
representatives from nonprofit stakeholder groups. 782
4. The remaining funds shall be distributed with the 783
approval of and accountability to the board of directors of the 784
Wildlife Foundation of Florida, and shall be u sed to support 785
activities contributing to education, outreach, and springs 786
conservation. 787
(95) AMERICAN EAGLE LICENSE PLATES. — 788
(a) The department shall develop an American Eagle license 789
plate as provided in this section and s. 320.08053. The plate 790
must bear the colors and design approved by the department. The 791
word "Florida" must appear at the top of the plate, and the 792
words "Protect the Eagle In God We Trust" must appear at the 793
bottom of the plate. 794
Section 14. Subsection (1) of section 320.084, Flor ida 795
Statutes, is amended, and subsection (6) is added to that 796
section, to read: 797
320.084 Free motor vehicle license plate to certain 798
disabled veterans.— 799
(1) One free "DV" motor vehicle license number plate shall 800
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be issued by the department for use on an y motor vehicle owned 801
or leased by any disabled veteran who has been a resident of 802
this state continuously for the preceding 5 years or has 803
established a domicile in this state as provided by s. 804
222.17(1), (2), or (3), and who has been honorably discharged 805
from the United States Armed Forces, upon application, 806
accompanied by proof that: 807
(a) A vehicle was initially acquired through financial 808
assistance by the United States Department of Veterans Affairs 809
or its predecessor specifically for the purchase of a n 810
automobile; 811
(b) The applicant has been determined by the United States 812
Department of Veterans Affairs or its predecessor to have a 813
service-connected 100-percent disability rating for 814
compensation; or 815
(c) The applicant has been determined to have a se rvice-816
connected disability rating of 100 percent and is in receipt of 817
disability retirement pay from any branch of the United States 818
Armed Services. 819
(6)(a) A disabled veteran who meets the requirements of 820
subsection (1) may be issued, in lieu of the "DV" license plate, 821
a military license plate for which he or she is eligible or a 822
specialty license plate. A disabled veteran electing a military 823
license plate or specialty license plate under this subsection 824
must pay all applicable fees related to such licens e plate, 825
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except for fees otherwise waived under subsections (1) and (4). 826
(b) A military license plate or specialty license plate 827
elected under this subsection: 828
1. Does not provide the protections or rights afforded by 829
ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041. 830
2. Is not eligible for the international symbol of 831
accessibility as described in s. 320.0842. 832
Section 15. Subsections (16) through (48) of section 833
322.01, Florida Statutes, are renumbered as subsections (17) 834
through (49), respectively, subsection (5) and present 835
subsections (37) and (41) of that section are amended, and a new 836
subsection (16) is added to that section, to read: 837
322.01 Definitions. —As used in this chapter: 838
(5) "Cancellation" means the act of declaring a driver 839
license void and terminated but does not include a downgrade . 840
(16) "Downgrade" has the same meaning as provided in 841
paragraph (4) of the definition of the term "CDL downgrade" in 842
49 C.F.R. s. 383.5. 843
(38)(37) "Revocation" means the termination of a 844
licensee's privilege to drive but does not include a downgrade . 845
(42)(41) "Suspension" means the temporary withdrawal of a 846
licensee's privilege to drive a motor vehicle but does not 847
include a downgrade. 848
Section 16. Subsection (2) of section 322.02, Florida 849
Statutes, is amended to read: 850
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322.02 Legislative intent; administration. — 851
(2) The Department of Highway Safety and Motor Vehicles is 852
charged with the administration and function of enforcement of 853
the provisions of this chapter and the enforcement and 854
administration of 49 C.F.R. parts 382 -386 and 390-397. 855
Section 17. Subsections (4) through (12) of section 856
322.05, Florida Statutes, are renumbered as subsections (5) 857
through (13), respectively, and a new subsection (4) is added to 858
that section to read : 859
322.05 Persons not to be licensed. —The department may not 860
issue a license: 861
(4) To any person, as a commercial motor vehicle operator, 862
who is ineligible to operate a commercial motor vehicle pursuant 863
to 49 C.F.R. part 383. 864
Section 18. Subsection ( 3) of section 322.07, Florida 865
Statutes, is amended to read: 866
322.07 Instruction permits and temporary licenses. — 867
(3) Any person who, except for his or her lack of 868
instruction in operating a commercial motor vehicle, would 869
otherwise be qualified to obtai n a commercial driver license 870
under this chapter, may apply for a temporary commercial 871
instruction permit. The department shall issue such a permit 872
entitling the applicant, while having the permit in his or her 873
immediate possession, to drive a commercial m otor vehicle on the 874
highways, if: 875
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(a) The applicant possesses a valid Florida driver 876
license; and 877
(b) The applicant, while operating a commercial motor 878
vehicle, is accompanied by a licensed driver who is 21 years of 879
age or older, who is licensed to ope rate the class of vehicle 880
being operated, and who is occupying the closest seat to the 881
right of the driver; and 882
(c) The department has not been notified that, pursuant to 883
49 C.F.R. s. 382.501(a), the applicant is prohibited from 884
operating a commercial mo tor vehicle. 885
Section 19. Effective January 1, 2024, subsection (3) of 886
section 322.141, Florida Statutes, is amended to read: 887
322.141 Color or markings of certain licenses or 888
identification cards. — 889
(3) All licenses for the operation of motor vehicle s or 890
identification cards originally issued or reissued by the 891
department to persons who are designated as sexual predators 892
under s. 775.21 or subject to registration as sexual offenders 893
under s. 943.0435 or s. 944.607, or who have a similar 894
designation or are subject to a similar registration under the 895
laws of another jurisdiction, shall have printed in the color 896
red all information otherwise required to be printed on the 897
front of the license or identification card , as well as the 898
following: 899
(a) For a person designated as a sexual predator under s. 900
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775.21 or who has a similar designation under the laws of 901
another jurisdiction, the marking "SEXUAL PREDATOR." 902
(b) For a person subject to registration as a sexual 903
offender under s. 943.0435 or s. 944.607, or subject to a 904
similar registration under the laws of another jurisdiction, the 905
marking "943.0435, F.S." 906
Section 20. Paragraphs (m) and (n) of subsection (4) of 907
section 322.142, Florida Statutes, are amended, and paragraphs 908
(o) and (p) are added to that subsection, to read: 909
322.142 Color photographic or digital imaged licenses. — 910
(4) The department may maintain a film negative or print 911
file. The department shall maintain a record of the digital 912
image and signature of the licensees, together with other data 913
required by the department for identification and retrieval. 914
Reproductions from the file or digital record are exempt from 915
the provisions of s. 119.07(1) and may be made and issued only: 916
(m) To the following persons for the purpose of 917
identifying a person as part of the official work of a court: 918
1. A justice or judge of this state; 919
2. An employee of the state courts system who works in a 920
position that is designated in writing for access by the Chief 921
Justice of the Supreme Court or a chief judge of a district or 922
circuit court, or by his or her designee; or 923
3. A government employee who performs functions on behalf 924
of the state courts system in a position that is designated in 925
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writing for access by the Chief Justice or a chief judge, or by 926
his or her designee; or 927
(n) To the Agency for Health Care Administration pursuant 928
to an interagency agreement to prevent health care fraud. If the 929
Agency for Health Care Administration enters into an agreement 930
with a private entity to carry out duties relating to health 931
care fraud prevention, such contracts shall include, but need 932
not be limited to: 933
1. Provisions requiring internal controls and audit 934
processes to identify access, use, and unauthorized access of 935
information. 936
2. A requirement to report unautho rized access or use to 937
the Agency for Health Care Administration within 1 business day 938
after the discovery of the unauthorized access or use. 939
3. Provisions for liquidated damages for unauthorized 940
access or use of no less than $5,000 per occurrence ; 941
(o) To any criminal justice agency, as defined in s. 942
943.045, pursuant to an interagency agreement for use in 943
carrying out the criminal justice agency's functions; or 944
(p) To the driver licensing agency of any other state for 945
purposes of validating the ident ity of an applicant for a driver 946
license or identification card . 947
Section 21. Subsection (8) and paragraph (a) of subsection 948
(9) of section 322.21, Florida Statutes, are amended to read: 949
322.21 License fees; procedure for handling and collecting 950
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fees.— 951
(8) A person who applies for reinstatement following the 952
suspension or revocation of the person's driver license must pay 953
a service fee of $45 following a suspension, and $75 following a 954
revocation, which is in addition to the fee for a license. A 955
person who applies for reinstatement of a commercial driver 956
license following the disqualification or downgrade of the 957
person's privilege to operate a commercial motor vehicle shall 958
pay a service fee of $75, which is in addition to the fee for a 959
license. The department shall collect all of these fees at the 960
time of reinstatement. The department shall issue proper 961
receipts for such fees and shall promptly transmit all funds 962
received by it as follows: 963
(a) Of the $45 fee received from a licensee for 964
reinstatement following a suspension: 965
1. If the reinstatement is processed by the department, 966
the department shall deposit $15 in the General Revenue Fund and 967
$30 in the Highway Safety Operating Trust Fund. 968
2. If the reinstatement is processed by the tax collector , 969
$15, less the general revenue service charge set forth in s. 970
215.20(1), shall be retained by the tax collector, $15 shall be 971
deposited into the Highway Safety Operating Trust Fund, and $15 972
shall be deposited into the General Revenue Fund. 973
(b) Of the $75 fee received from a licensee for 974
reinstatement following a revocation , or disqualification, or 975
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downgrade: 976
1. If the reinstatement is processed by the department, 977
the department shall deposit $35 in the General Revenue Fund and 978
$40 in the Highway Safety Operating Trust Fund. 979
2. If the reinstatement is processed by the tax collector, 980
$20, less the general revenue service charge set forth in s. 981
215.20(1), shall be retained by the tax collector, $20 shall be 982
deposited into the Highway Safety Operating Tru st Fund, and $35 983
shall be deposited into the General Revenue Fund. 984
985
If the revocation or suspension of the driver license was for a 986
violation of s. 316.193, or for refusal to submit to a lawful 987
breath, blood, or urine test, an additional fee of $130 must b e 988
charged. However, only one $130 fee may be collected from one 989
person convicted of violations arising out of the same incident. 990
The department shall collect the $130 fee and deposit the fee 991
into the Highway Safety Operating Trust Fund at the time of 992
reinstatement of the person's driver license, but the fee may 993
not be collected if the suspension or revocation is overturned. 994
If the revocation or suspension of the driver license was for a 995
conviction for a violation of s. 817.234(8) or (9) or s. 996
817.505, an additional fee of $180 is imposed for each offense. 997
The department shall collect and deposit the additional fee into 998
the Highway Safety Operating Trust Fund at the time of 999
reinstatement of the person's driver license. 1000
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(9) An applicant: 1001
(a) Requesting a review authorized in s. 322.222, s. 1002
322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must 1003
pay a filing fee of $25 to be deposited into the Highway Safety 1004
Operating Trust Fund. 1005
Section 22. Section 322.591, Florida Statutes, is created 1006
to read: 1007
322.591 Commercial driver license and commercial 1008
instruction permit; Commercial Driver's License Drug and Alcohol 1009
Clearinghouse; prohibition on issuance of commercial driver 1010
licenses; downgrades. — 1011
(1) Beginning November 18, 2024, when a person applies for 1012
or seeks to renew, transfer, or make any other change to a 1013
commercial driver license or commercial instruction permit, the 1014
department must obtain the driver's record from the Commercial 1015
Driver's License Drug and Alcohol Clearinghouse established 1016
pursuant to 49 C.F.R. part 382. The department may not issue, 1017
renew, transfer, or revise the types of authorized vehicles that 1018
may be operated or the endorsements applicable to a commercial 1019
driver license or commercial instruction permit for any person 1020
for whom the department receives notification that, pursuant to 1021
49 C.F.R. s. 382.501(a), the person is prohibited from operating 1022
a commercial vehicle. 1023
(2) Beginning November 18, 2024, the department shall 1024
downgrade the commercial driver license or commercial 1025
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instruction permit of any driver if the department receives 1026
notification that, pursuant to 49 C.F.R. s. 382.501(a), the 1027
driver is prohibited from operating a commercial motor vehicle. 1028
Any such downgrade must be completed and recorded by the 1029
department in the Commercial Driver's License Information System 1030
within 60 days after the department's receipt of such 1031
notification. 1032
(3)(a) Beginning November 18, 2024, upon receipt of 1033
notification that, pursuant to 49 C.F.R. s. 382.501(a), a driver 1034
is prohibited from oper ating a commercial motor vehicle, the 1035
department shall immediately notify the driver who is the 1036
subject of such notification that he or she is prohibited from 1037
operating a commercial motor vehicle and, upon his or her 1038
request, must afford him or her an oppo rtunity for an informal 1039
hearing pursuant to this section. The department's notice must 1040
be provided to the driver in the same manner as, and providing 1041
such notice has the same effect as, notices provided pursuant to 1042
s. 322.251(1) and (2). 1043
(b) Such informal hearing must be requested not later than 1044
20 days after the driver receives the notice of the downgrade. 1045
If a request for a hearing, together with the filing fee 1046
required pursuant to s. 322.21, is not received within 20 days 1047
after receipt of such notice, the department must enter a final 1048
order directing the downgrade of the driver's commercial driver 1049
license or commercial instruction permit unless the department 1050
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receives notification that, pursuant to 49 C.F.R. s. 382.503(a), 1051
the driver is no longer prohib ited from operating a commercial 1052
motor vehicle. 1053
(c) A hearing requested pursuant to paragraph (b) must be 1054
scheduled and held not later than 30 days after receipt by the 1055
department of a request for the hearing, together with the 1056
filing fee required pursua nt to s. 322.21. The submission of a 1057
request for hearing pursuant to this subsection tolls the 1058
deadline to file a petition for writ of certiorari pursuant to 1059
s. 322.31 until after the department enters a final order after 1060
a hearing pursuant to this subsect ion. 1061
(d) The informal hearing authorized pursuant to this 1062
subsection is exempt from chapter 120. Such hearing must be 1063
conducted before a hearing officer designated by the department. 1064
The hearing officer may conduct such hearing from any location 1065
in this state by means of communications technology. 1066
(e) The notification received by the department pursuant 1067
to 49 C.F.R. s. 382.501(a) must be in the record for 1068
consideration by the hearing officer and in any proceeding 1069
pursuant to s. 322.31 and is considered self-authenticating. The 1070
basis for the notification received by the department pursuant 1071
to 49 C.F.R. s. 382.501(a) and the information in the Commercial 1072
Driver's License Drug and Alcohol Clearinghouse which resulted 1073
in such notification are not subject to challenge in the hearing 1074
or in any proceeding brought under s. 322.31. 1075
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(f) If, before the entry of a final order arising from a 1076
notification received by the department pursuant to 49 C.F.R. s. 1077
382.501(a), the department receives notification that, pursua nt 1078
to 49 C.F.R. s. 382.503(a), the driver is no longer prohibited 1079
from operating a commercial motor vehicle, the department must 1080
dismiss the action to downgrade the driver's commercial driver 1081
license or commercial instruction permit. 1082
(g) Upon the entry o f a final order that results in the 1083
downgrade of a driver's commercial driver license or commercial 1084
instruction permit, the department shall record immediately in 1085
the driver's record that the driver is disqualified from 1086
operating or driving a commercial mo tor vehicle. The downgrade 1087
of a commercial driver license or commercial instruction permit 1088
pursuant to a final order entered pursuant to this section, and, 1089
upon the entry of a final order, the recording in the driver's 1090
record that the driver subject to suc h a final order is 1091
disqualified from operating or driving a commercial motor 1092
vehicle, are not stayed during the pendency of any proceeding 1093
pursuant to s. 322.31. 1094
(h) If, after the entry of a final order that results in 1095
the downgrade of a driver's commerc ial driver license or 1096
commercial instruction permit and the department's recording in 1097
the driver's record that the driver is disqualified from 1098
operating or driving a commercial motor vehicle, the department 1099
receives notification that, pursuant to 49 C.F.R. s. 382.503(a), 1100
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the driver is no longer prohibited from operating a commercial 1101
motor vehicle, the department must reinstate the driver's 1102
commercial driver license or commercial instruction permit upon 1103
application by such driver. 1104
(i) The department is not liable for any commercial driver 1105
license or commercial instruction permit downgrade resulting 1106
from the discharge of its duties. 1107
(j) This section is the exclusive procedure for the 1108
downgrade of a commercial driver license or commercial 1109
instruction permit following notification received by the 1110
department that, pursuant to 49 C.F.R. s. 382.501(a), a driver 1111
is prohibited from operating a commercial motor vehicle. 1112
(k) The downgrade of a commercial driver license or 1113
commercial instruction permit of a person pursuant to this 1114
section does not preclude the suspension of the driving 1115
privilege for that person pursuant to s. 322.2615 or the 1116
disqualification of that person from operating a commercial 1117
motor vehicle pursuant to s. 322.64. The driving privilege of a 1118
person whose commercial driver license or commercial instruction 1119
permit has been downgraded pursuant to this section also may be 1120
suspended for a violation of s. 316.193. 1121
(4) Beginning November 18, 2024, a driver for whom the 1122
department receives notificatio n that, pursuant to 49 C.F.R. s. 1123
382.501(a), such person is prohibited from operating a 1124
commercial motor vehicle may, if otherwise qualified, be issued 1125
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a Class E driver license pursuant to s. 322.251(4), valid for 1126
the length of his or her unexpired license period, at no cost. 1127
Section 23. Subsection (2) of section 322.34, Florida 1128
Statutes, is amended to read: 1129
322.34 Driving while license suspended, revoked, canceled, 1130
or disqualified.— 1131
(2) Any person whose driver license or driving privilege 1132
has been canceled, suspended, or revoked as provided by law, or 1133
who does not have a driver license or driving privilege but is 1134
under suspension or revocation equivalent status as defined in 1135
s. 322.01(43) s. 322.01(42), except persons defined in s. 1136
322.264, who, knowing of such cancellation, suspension, 1137
revocation, or suspension or revocation equivalent status, 1138
drives any motor vehicle upon the highways of this state while 1139
such license or privilege is canceled, suspended, or revoked, or 1140
while under suspension or revo cation equivalent status, commits: 1141
(a) A misdemeanor of the second degree, punishable as 1142
provided in s. 775.082 or s. 775.083. 1143
(b)1. A misdemeanor of the first degree, punishable as 1144
provided in s. 775.082 or s. 775.083, upon a second or 1145
subsequent conviction, except as provided in paragraph (c). 1146
2. A person convicted of a third or subsequent conviction, 1147
except as provided in paragraph (c), must serve a minimum of 10 1148
days in jail. 1149
(c) A felony of the third degree, punishable as provided 1150
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in s. 775.082, s. 775.083, or s. 775.084, upon a third or 1151
subsequent conviction if the current violation of this section 1152
or the most recent prior violation of the section is related to 1153
driving while license canceled, suspended, revoked, or 1154
suspension or revocation equi valent status resulting from a 1155
violation of: 1156
1. Driving under the influence; 1157
2. Refusal to submit to a urine, breath -alcohol, or blood 1158
alcohol test; 1159
3. A traffic offense causing death or serious bodily 1160
injury; or 1161
4. Fleeing or eluding. 1162
1163
The element of knowledge is satisfied if the person has been 1164
previously cited as provided in subsection (1); or the person 1165
admits to knowledge of the cancellation, suspension, or 1166
revocation, or suspension or revocation equivalent status; or 1167
the person received notice as provided in subsection (4). There 1168
shall be a rebuttable presumption that the knowledge requirement 1169
is satisfied if a judgment or order as provided in subsection 1170
(4) appears in the department's records for any case except for 1171
one involving a suspension by the department for failure to pay 1172
a traffic fine or for a financial responsibility violation. 1173
Section 24. Subsection (4) of section 322.61, Florida 1174
Statutes, is amended to read: 1175
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322.61 Disqualification from operating a commercial motor 1176
vehicle.— 1177
(4) Any person who is transporting hazardous materials as 1178
defined in s. 322.01(25) s. 322.01(24) shall, upon conviction of 1179
an offense specified in subsection (3), be disqualified from 1180
operating a commercial motor vehicle for a period of 3 years. 1181
The penalty provided in this subsection shall be in addition to 1182
any other applicable penalty. 1183
Section 25. Subsection (3) of section 324.0221, Florida 1184
Statutes, is amended to read: 1185
324.0221 Reports by insurers to the department; suspension 1186
of driver license an d vehicle registrations; reinstatement. — 1187
(3) An operator or owner whose driver license or 1188
registration has been suspended under this section or s. 316.646 1189
may effect its reinstatement upon compliance with the 1190
requirements of this section and upon payment to the department 1191
of a nonrefundable reinstatement fee of $150 for the first 1192
reinstatement. The reinstatement fee is $250 for the second 1193
reinstatement and $500 for each subsequent reinstatement during 1194
the 3 years following the first reinstatement. A perso n 1195
reinstating her or his insurance under this subsection must also 1196
secure noncancelable coverage as described in ss. 324.021(8), 1197
324.023, and 627.7275(2) and present to the appropriate person 1198
proof that the coverage is in force on a form adopted by the 1199
department, and such proof shall be maintained for 2 years. If 1200
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the person does not have a second reinstatement within 3 years 1201
after her or his initial reinstatement, the reinstatement fee is 1202
$150 for the first reinstatement after that 3 -year period. If a 1203
person's license and registration are suspended under this 1204
section or s. 316.646, only one reinstatement fee must be paid 1205
to reinstate the license and the registration. All fees shall be 1206
collected by the department at the time of reinstatement. The 1207
department shall issue proper receipts for such fees and shall 1208
promptly deposit those fees in the Highway Safety Operating 1209
Trust Fund. One-third of the fees collected under this 1210
subsection shall be distributed from the Highway Safety 1211
Operating Trust Fund to the local governmental entity or state 1212
agency that employed the law enforcement officer seizing the 1213
license plate pursuant to s. 324.201. The funds may be used by 1214
the local governmental entity or state agency for any authorized 1215
purpose. 1216
Section 26. Section 324. 131, Florida Statutes, is amended 1217
to read: 1218
324.131 Period of suspension. —Such license, registration 1219
and nonresident's operating privilege shall remain so suspended 1220
and shall not be renewed, nor shall any such license or 1221
registration be thereafter issued in the name of such person, 1222
including any such person not previously licensed, unless and 1223
until every such judgment is stayed, satisfied in full or to the 1224
extent of the limits stated in s. 324.021(7) and until the said 1225
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person gives proof of financial responsibility as provided in s. 1226
324.031, such proof to be maintained for 3 years. In addition, 1227
if the person's license or registration has been suspended or 1228
revoked due to a violation of s. 316.193 or pursuant to s. 1229
322.26(2), that person shall maintain noncancelable liability 1230
coverage for each motor ve hicle registered in his or her name, 1231
as described in s. 627.7275(2), and must present proof that 1232
coverage is in force on a form adopted by the Department of 1233
Highway Safety and Motor Vehicles, such proof to be maintained 1234
for 3 years. 1235
Section 27. Paragra ph (g) of subsection (3) of section 1236
627.311, Florida Statutes, is amended to read: 1237
627.311 Joint underwriters and joint reinsurers; public 1238
records and public meetings exemptions. — 1239
(3) The office may, after consultation with insurers 1240
licensed to write automobile insurance in this state, approve a 1241
joint underwriting plan for purposes of equitable apportionment 1242
or sharing among insurers of automobile liability insurance and 1243
other motor vehicle insurance, as an alternate to the plan 1244
required in s. 627.351(1 ). All insurers authorized to write 1245
automobile insurance in this state shall subscribe to the plan 1246
and participate therein. The plan shall be subject to continuous 1247
review by the office which may at any time disapprove the entire 1248
plan or any part thereof if it determines that conditions have 1249
changed since prior approval and that in view of the purposes of 1250
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the plan changes are warranted. Any disapproval by the office 1251
shall be subject to the provisions of chapter 120. The Florida 1252
Automobile Joint Underwriting Association is created under the 1253
plan. The plan and the association: 1254
(g) Must make available noncancelable coverage as provided 1255
in s. 627.7275(2). 1256
Section 28. Subsection (1) of section 627.351, Florida 1257
Statutes, is amended to read: 1258
627.351 Insurance risk apportionment plans. — 1259
(1) MOTOR VEHICLE INSURANCE RISK APPORTIONMENT. —Agreements 1260
may be made among casualty and surety insurers with respect to 1261
the equitable apportionment among them of insurance that which 1262
may be afforded applicants who are in go od faith entitled to, 1263
but are unable to, procure such insurance through ordinary 1264
methods, and such insurers may agree among themselves on the use 1265
of reasonable rate modifications for such insurance. Such 1266
agreements and rate modifications are shall be subject to the 1267
approval of the office. The office shall, after consultation 1268
with the insurers licensed to write automobile liability 1269
insurance in this state, adopt a reasonable plan or plans for 1270
the equitable apportionment among such insurers of applicants 1271
for such insurance who are in good faith entitled to, but are 1272
unable to, procure such insurance through ordinary methods, and, 1273
when such plan has been adopted, all such insurers shall 1274
subscribe to and participate in the plan thereto and shall 1275
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participate therein. Such plan or plans shall include rules for 1276
classification of risks and rates therefor. The plan or plans 1277
shall make available noncancelable coverage as provided in s. 1278
627.7275(2). Any insured placed with the plan must shall be 1279
notified of the fact that insurance coverage is being afforded 1280
through the plan and not through the private market, and such 1281
notification must shall be given in writing within 10 days of 1282
such placement. To ensure assure that plan rates are made 1283
adequate to pay claims and expe nses, insurers shall develop a 1284
means of obtaining loss and expense experience at least 1285
annually, and the plan shall file such experience, when 1286
available, with the office in sufficient detail to make a 1287
determination of rate adequacy. Before Prior to the filing of 1288
such experience with the office, the plan shall poll each member 1289
insurer as to the need for an actuary who is a member of the 1290
Casualty Actuarial Society and who is not affiliated with the 1291
plan's statistical agent to certify the plan's rate adequacy. If 1292
a majority of those insurers responding indicate a need for such 1293
certification, the plan must shall include the certification as 1294
part of its experience filing. Such experience must shall be 1295
filed with the office not more than 9 months following the end 1296
of the annual statistical period under review, together with a 1297
rate filing based on such said experience. The office shall 1298
initiate proceedings to disapprove the rate and so notify the 1299
plan or shall finalize its review within 60 days after of 1300
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receipt of the filing. Notification to the plan by the office of 1301
its preliminary findings, which include a point of entry to the 1302
plan pursuant to chapter 120, tolls shall toll the 60-day period 1303
during any such proceedings and subsequent judicial review. The 1304
rate is shall be deemed approved if the office does not issue 1305
notice to the plan of its preliminary findings within 60 days 1306
after of the filing. In addition to provisions for claims and 1307
expenses, the ratemaking formula must shall include a factor for 1308
projected claims trending and 5 percent for contingencies. In no 1309
instance shall The formula may not include a renewal discount 1310
for plan insureds. However, the plan shall reunderwrite each 1311
insured on an annual basis, based upon all applicable rating 1312
factors approved by th e office. Trend factors may shall not be 1313
found to be inappropriate if they are not in excess of trend 1314
factors normally used in the development of residual market 1315
rates by the appropriate licensed rating organization. Each 1316
application for coverage in the pl an must shall include, in 1317
boldfaced 12-point type immediately preceding the applicant's 1318
signature, the following statement: 1319
"THIS INSURANCE IS BEING AFFORDED THROUGH THE FLORIDA JOINT 1320
UNDERWRITING ASSOCIATION AND NOT THROUGH THE PRIVATE MARKET. 1321
PLEASE BE ADVISED THAT COVERAGE WITH A PRIVATE INSURER MAY BE 1322
AVAILABLE FROM ANOTHER AGENT AT A LOWER COST. AGENT AND COMPANY 1323
LISTINGS ARE AVAILABLE IN THE LOCAL YELLOW PAGES. " 1324
The plan shall annually report to the office the number and 1325
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percentage of plan insureds wh o are not surcharged due to their 1326
driving record. 1327
Section 29. Paragraph (b) of subsection (2) of section 1328
627.7275, Florida Statutes, is amended to read: 1329
627.7275 Motor vehicle liability. — 1330
(2) 1331
(b) The policies described in paragraph (a) shall be 1332
issued for at least 6 months and, as to the minimum coverages 1333
required under this section, may not be canceled by the insured 1334
for any reason or by the insurer after 60 days, during which 1335
period the insurer is completing the underwriting of the policy . 1336
After the insurer has issued completed underwriting the policy, 1337
the insurer shall notify the Department of Highway Safety and 1338
Motor Vehicles that the policy is in full force and effect and 1339
is not cancelable for the remainder of the policy period. A 1340
premium shall be collected and the coverage is in effect for the 1341
60-day period during which the insurer is completing the 1342
underwriting of the policy whether or not the person's driver 1343
license, motor vehicle tag, and motor vehicle registration are 1344
in effect. Once the noncancelable provisions of the policy 1345
becomes become effective, the coverages for bodily injury, 1346
property damage, and personal injury protection may not be 1347
reduced below the minimum limits required under s. 324.021 or s. 1348
324.023 during the policy period. 1349
Section 30. Except as otherwise expressly provided in this 1350
CS/CS/HB 1085 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1085-02-c2
Page 55 of 55
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
act, this act shall take effect July 1, 2023. 1351