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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. 316.081, F.S.; 16
prohibiting a driver from operating a motor vehicle in 17
the furthermost left -hand lane of certain roadways, 18
except under certain circumstances; defining the term 19
"furthermost left-hand lane"; providing applicability; 20
providing a penalty; amending s. 316.2935, F.S.; 21
providing an exception to requirements for 22
certification of air pollution control equipment by a 23
motor vehicle seller, lessor, or transferor; amending 24
s. 316.302, F.S.; revising the list of federal rules 25
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and regulations to which owners and drivers of certain 26
commercial motor vehicles are subject; amending s. 27
319.14, F.S.; requiring a certificate of title for a 28
flood vehicle to specify the type of water t hat caused 29
damage to the vehicle; revising the definition of the 30
term "flood vehicle"; amending s. 319.23, F.S.; making 31
a technical change; amending s. 319.28, F.S.; 32
providing that a certain affidavit constitutes proof 33
of ownership and right of possession to a motor 34
vehicle or mobile home the previous owner of which 35
died testate; amending s. 319.29, F.S.; prohibiting 36
the department or a tax collector from charging a fee 37
for reissuance of certain certificates of title; 38
amending s. 319.30, F.S.; revising and providing 39
definitions; revising provisions relating to obtaining 40
a salvage certificate of title or certificate of 41
destruction; exempting the department from liability 42
to certain persons as a result of the issuance of such 43
certificate; providing requirement s for an independent 44
entity's release of a damaged or dismantled vessel to 45
the owner; authorizing the independent entity to apply 46
for certain certificates for an unclaimed vessel; 47
providing requirements for such application; 48
specifying provisions to which the independent entity 49
is subject; prohibiting the independent entity from 50
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charging vessel storage fees; amending s. 320.06, 51
F.S.; authorizing permanent registration of certain 52
rental trucks; authorizing the department to deem a 53
license plate with reduced dimensions to be necessary 54
to accommodate trailers; amending s. 320.0605, F.S.; 55
authorizing a uniform paper or electronic format of 56
the registration certificate for a motor vehicle; 57
specifying that presenting an electronic registration 58
certificate to a law enforcement officer or agent does 59
not constitute consent for the officer or agent to 60
access certain information; making technical changes; 61
amending s. 320.08056, F.S.; deleting plate 62
registration requirements for out -of-state college or 63
university license plates; providing that a certain 64
discontinuation requirement for specialty license 65
plates does not apply to collegiate license plates; 66
amending s. 320.08058, F.S.; providing that collegiate 67
license plates are not subject to specified presale 68
requirements for specialty license plates; authorizing 69
the department to reauthorize previously discontinued 70
collegiate license plates under certain circumstances; 71
revising the distribution and use of fees collected 72
from the sale of the Protect Florida Springs license 73
plate; revising the words appearing on the American 74
Eagle license plate; amending s. 320.084, F.S.; 75
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authorizing certain disabled veterans to be issued a 76
military license plate or specialty license plate in 77
lieu of a "DV" license plate; specifying applicabl e 78
fees; specifying nonapplicability of certain 79
provisions; amending s. 322.01, F.S.; revising and 80
providing definitions; amending s. 322.02, F.S.; 81
charging the department with enforcement and 82
administration of certain federal provisions; amending 83
s. 322.05, F.S.; prohibiting the department from 84
issuing a commercial motor vehicle operator license to 85
certain persons; amending s. 322.07, F.S.; revising 86
requirements for issuance of a temporary commercial 87
instruction permit; amending s. 322.141, F.S.; 88
requiring certain information on the driver license or 89
identification card of a sexual offender or sexual 90
predator to be printed in red; amending s. 322.142, 91
F.S.; authorizing the department to issue 92
reproductions of certain files and records to certain 93
criminal justice or driver licensing agencies for 94
certain purposes; amending s. 322.21, F.S.; 95
authorizing reinstatement of a commercial driver 96
license after a downgrade of the person's privilege to 97
operate a commercial motor vehicle under certain 98
circumstances; creati ng s. 322.591, F.S.; requiring 99
the department to obtain a driver's record from the 100
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Commercial Driver's License Drug and Alcohol 101
Clearinghouse under certain circumstances; prohibiting 102
the department from issuing, renewing, transferring, 103
or revising the type s of authorized vehicles or the 104
endorsements of certain commercial driver licenses or 105
commercial instruction permits if the department 106
receives a certain notification; requiring the 107
department to downgrade a commercial driver license or 108
commercial instruction permit within a specified 109
timeframe if the department receives a certain 110
notification; requiring the department to notify 111
certain drivers of their prohibition from operating a 112
commercial motor vehicle and, upon request, afford 113
them an opportunity for a n informal hearing; providing 114
requirements for such notice and hearing; requiring 115
the department to enter a final order to downgrade a 116
commercial driver license or commercial instruction 117
permit under certain circumstances; specifying that a 118
request for a hearing tolls certain deadlines; 119
specifying that certain notifications received by the 120
department must be in the record for consideration and 121
are self-authenticating; specifying that the basis for 122
the notification and the information in the Commercial 123
Driver's License Drug and Alcohol Clearinghouse are 124
not subject to challenge; requiring the department to 125
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dismiss the downgrade of a commercial driver license 126
or instruction permit under certain circumstances; 127
requiring the department to record in the driver's 128
record that he or she is disqualified from operating a 129
commercial motor vehicle under certain circumstances; 130
specifying that certain actions are not stayed during 131
the pendency of certain proceedings; requiring the 132
department to reinstate a commercial drive r license or 133
commercial instruction permit under certain 134
circumstances; exempting the department from liability 135
for certain commercial driver license or commercial 136
instruction permit downgrades; designating the 137
exclusive procedure for the downgrade of comm ercial 138
driver licenses or commercial instruction permits; 139
providing construction and applicability; authorizing 140
the department to issue at no cost a specified driver 141
license to certain persons prohibited from operating a 142
commercial motor vehicle; amending ss. 322.34 and 143
322.61, F.S.; conforming cross -references; amending s. 144
324.021, F.S.; defining the terms "control" and "motor 145
vehicle dealer's leasing or rental affiliate"; 146
amending ss. 324.0221, 324.131, 627.311, and 627.351, 147
F.S.; conforming provisions to changes made by the 148
act; amending s. 627.7275, F.S.; removing provisions 149
relating to noncancelable motor vehicle insurance; 150
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providing effective dates. 151
152
Be It Enacted by the Legislature of the State of Florida: 153
154
Section 1. Paragraph (a) of subsecti on (1) of section 155
207.004, Florida Statutes, is amended to read: 156
207.004 Registration of motor carriers; identifying 157
devices; fees; renewals; temporary fuel -use permits and 158
driveaway permits.— 159
(1)(a) A No motor carrier may not shall operate or cause 160
to be operated in this state any commercial motor vehicle, other 161
than a Florida-based commercial motor vehicle that travels 162
Florida intrastate mileage only, that uses diesel fuel or motor 163
fuel until such carrier has registered with the department or 164
has registered under a cooperative reciprocal agreement as 165
described in s. 207.0281, after such time as this state enters 166
into such agreement, and has been issued an identifying device 167
or such carrier has been issued a permit as authorized under 168
subsections (4) and (5) for each vehicle operated. The fee for 169
each such identifying device issued is There shall be a fee of 170
$4 per year or any fraction thereof for each such identifying 171
device issued. The identifying device must shall be provided by 172
the department and mus t be conspicuously displayed on the 173
commercial motor vehicle as prescribed by the department while 174
it is being operated on the public highways of this state. The 175
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transfer of an identifying device from one vehicle to another 176
vehicle or from one motor carrie r to another motor carrier is 177
prohibited. The department or its authorized agent shall issue 178
licenses and fuel tax decals. 179
Section 2. The Legislature finds that a proper and 180
legitimate purpose is served when crash reports required under 181
s. 316.066, Florida Statutes, are filed electronically with the 182
Department of Highway Safety and Motor Vehicles by all entities 183
required to submit crash reports. Electronic filing will 184
expedite the availability of crash reports to the persons 185
authorized to receive them, simplify the process of making crash 186
reports available, and expedite the availability of information 187
derived from crash reports to improve highway safety. The 188
requirement of this act that all law enforcement agencies that 189
prepare crash reports submit the c ompleted crash reports 190
electronically to the Department of Highway Safety and Motor 191
Vehicles applies to all similarly situated persons, including 192
school district law enforcement agencies, state university law 193
enforcement agencies, and state law enforcement agencies. 194
Therefore, the Legislature determines and declares that the 195
amendments made by this act to s. 316.066, Florida Statutes, 196
fulfill an important state interest. 197
Section 3. Effective July 1, 2025, paragraph (a) of 198
subsection (1) and paragraph (b ) of subsection (2) of section 199
316.066, Florida Statutes, are amended to read: 200
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316.066 Written reports of crashes ; electronic 201
submission.— 202
(1)(a) All traffic law enforcement agencies must provide 203
uniform crash reports by electronic means to the departm ent 204
using a nonproprietary, interchangeable electronic form and 205
reporting method. For purposes of this section, the term 206
"nonproprietary" means commonly used and commercially available 207
report formats and reporting methods. Such crash reports must be 208
consistent with the state traffic crash manual rules and the 209
procedures established by the department and must be 210
appropriately numbered and inventoried. A Florida Traffic Crash 211
Report, Long Form must be completed and electronically submitted 212
to the department within 10 days after an investigation is 213
completed by the law enforcement officer who in the regular 214
course of duty investigates a motor vehicle crash that: 215
1. Resulted in death of, personal injury to, or any 216
indication of complaints of pain or discomfort by any of the 217
parties or passengers involved in the crash; 218
2. Involved a violation of s. 316.061(1) or s. 316.193; 219
3. Rendered a vehicle inoperable to a degree that required 220
a wrecker to remove it from the scene of the crash; or 221
4. Involved a commer cial motor vehicle. 222
(2) 223
(b) Crash reports held by an agency under paragraph (a) 224
may be made immediately available to the parties involved in the 225
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crash, their legal representatives, their licensed insurance 226
agents, their insurers or insurers to which they have applied 227
for coverage, persons under contract with such insurers to 228
provide claims or underwriting information, law enforcement 229
agencies and their contracted service providers, victim services 230
programs, and any federal, state, or local governmental agency 231
or any private perso n or entity acting on behalf of a federal, 232
state, or local governmental agency in carrying out its 233
functions, but not for redistribution to any person or entity 234
not listed in this subsection. Crash reports held by an agency 235
under paragraph (a) which do not contain the home or employment 236
street addresses, driver license or identification card numbers, 237
dates of birth, and home and employment telephone numbers of the 238
parties involved in the crash shall be made immediately 239
available to radio and television stat ions licensed by the 240
Federal Communications Commission and newspapers qualified to 241
publish legal notices under ss. 50.011 and 50.031. A crash 242
report may also be made available to any third party acting on 243
behalf of a person or entity authorized under this section to 244
access the crash report, except that the third party may 245
disclose the crash report only to the person or entity 246
authorized to access the crash report under this section on 247
whose behalf the third party has sought the report. This section 248
shall not prevent an agency, pursuant to a memorandum of 249
understanding, from providing data derived from crash reports to 250
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a third party solely for the purpose of identifying vehicles 251
involved in crashes if such data does not reveal the identity, 252
home or employment telephone number or home or employment 253
address, or other personal information of the parties involved 254
in the crash. 255
Section 4. Effective January 1, 2024, subsections (4) and 256
(5) of section 316.081, Florida Statutes, are renumbered as 257
subsections (5) and (6), respectively, a new subsection (4) is 258
added to that section, and present subsection (5) of that 259
section is republished, to read: 260
316.081 Driving on right side of roadway; exceptions. — 261
(4) On a road, street, or highway having two or more lanes 262
allowing movement in the same direction with a posted speed 263
limit of at least 65 miles per hour, a driver may not operate a 264
motor vehicle in the furthermost left -hand lane, except when 265
overtaking and passing another vehicle, when preparing to exit 266
the road, street, or highway, or when otherwise directed by an 267
official traffic control device. As used in this subsection, the 268
term "furthermost left -hand lane" means the farthest most left -269
hand lane, except that, if such left -hand lane is a high-270
occupancy-vehicle lane as defined in s. 316.0741 or is a 271
designated left-hand turn lane, the furthermost left -hand lane 272
is the lane immediately to the right of such high -occupancy-273
vehicle lane or left -hand turn lane. This subsection does not 274
apply to authorized emergency v ehicles and vehicles engaged in 275
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highway maintenance or construction operations. 276
(6)(5) A violation of this section is a noncriminal 277
traffic infraction, punishable as a moving violation as provided 278
in chapter 318. 279
Section 5. Paragraph (b) of subsectio n (1) of section 280
316.2935, Florida Statutes, is amended to read: 281
316.2935 Air pollution control equipment; tampering 282
prohibited; penalty. — 283
(1) 284
(b) At the time of sale, lease, or transfer of title of a 285
motor vehicle, the seller, lessor, or transferor s hall certify 286
in writing to the purchaser, lessee, or transferee that the air 287
pollution control equipment of the motor vehicle has not been 288
tampered with by the seller, lessor, or transferor or their 289
agents, employees, or other representatives. A licensed m otor 290
vehicle dealer shall also visually observe those air pollution 291
control devices listed by department rule pursuant to subsection 292
(7), and certify that they are in place, and appear properly 293
connected and undamaged. Such certification shall not be deeme d 294
or construed as a warranty that the pollution control devices of 295
the subject vehicle are in functional condition, nor does the 296
execution or delivery of this certification create by itself 297
grounds for a cause of action between the parties to this 298
transaction. This paragraph does not apply when the purchaser of 299
the motor vehicle is a lessee purchasing the leased motor 300
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vehicle and the licensed motor vehicle dealer is not in 301
possession of the motor vehicle at the time of sale. 302
Section 6. Paragraphs (a), ( b), and (e) of subsection (1), 303
paragraph (d) of subsection (2), and subsection (9) of section 304
316.302, Florida Statutes, are amended to read: 305
316.302 Commercial motor vehicles; safety regulations; 306
transporters and shippers of hazardous materials; enforce ment.— 307
(1)(a) All owners and drivers of commercial motor vehicles 308
that are operated on the public highways of this state while 309
engaged in interstate commerce are subject to the rules and 310
regulations contained in 49 C.F.R. parts 382, 383, 384, 385, 311
386, and 390-397. 312
(b) Except as otherwise provided in this section, all 313
owners and drivers of commercial motor vehicles that are engaged 314
in intrastate commerce are subject to the rules and regulations 315
contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390-316
397, as such rules and regulations existed on December 31, 2022 317
2020. 318
(e) A person who operates a commercial motor vehicle 319
solely in intrastate commerce which does not transport hazardous 320
materials in amounts that require placarding pursuant to 49 321
C.F.R. part 172 need not comply with the requirements of 322
electronic logging devices and hours of service supporting 323
documents as provided in 49 C.F.R. parts 385, 386, 390, and 395 324
until December 31, 2019. 325
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(2) 326
(d) A person who operates a commercial motor ve hicle 327
solely in intrastate commerce not transporting any hazardous 328
material in amounts that require placarding pursuant to 49 329
C.F.R. part 172 within a 150 air -mile radius of the location 330
where the vehicle is based need not comply with 49 C.F.R. ss. 331
395.8 and 395.11 s. 395.8 if the requirements of 49 C.F.R. s. 332
395.1(e)(1) (iii) and (iv) s. 395.1(e)(1)(ii), (iii)(A) and (C), 333
and (v) are met. 334
(9) For the purpose of enforcing this section, any law 335
enforcement officer of the Department of Highway Safety and 336
Motor Vehicles or duly appointed agent who holds a current 337
safety inspector certification from the Commercial Vehicle 338
Safety Alliance may re quire the driver of any commercial vehicle 339
operated on the highways of this state to stop and submit to an 340
inspection of the vehicle or the driver's records. If the 341
vehicle or driver is found to be operating in an unsafe 342
condition, or if any required part or equipment is not present 343
or is not in proper repair or adjustment, and the continued 344
operation would present an unduly hazardous operating condition, 345
the officer or agent may require the vehicle or the driver to be 346
removed from service pursuant to the N orth American Standard 347
Out-of-Service Criteria, until corrected. However, if continuous 348
operation would not present an unduly hazardous operating 349
condition, the officer or agent may give written notice 350
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requiring correction of the condition within 15 days. 351
(a) Any member of the Florida Highway Patrol or any law 352
enforcement officer employed by a sheriff's office or municipal 353
police department authorized to enforce the traffic laws of this 354
state pursuant to s. 316.640 who has reason to believe that a 355
vehicle or driver is operating in an unsafe condition may, as 356
provided in subsection (11), enforce the provisions of this 357
section. 358
(b) Any person who fails to comply with a an officer's 359
request to submit to an inspection under this subsection commits 360
a violation of s. 843.02 if the person resists the officer 361
without violence or a violation of s. 843.01 if the person 362
resists the officer with violence. 363
Section 7. Paragraphs (b) and (c) of subsection (1) of 364
section 319.14, Florida Statutes, are amended to read: 365
319.14 Sale of motor vehicles registered or used as 366
taxicabs, police vehicles, lease vehicles, rebuilt vehicles, 367
nonconforming vehicles, custom vehicles, or street rod vehicles; 368
conversion of low-speed vehicles.— 369
(1) 370
(b) A person may not knowingly of fer for sale, sell, or 371
exchange a rebuilt vehicle until the department has stamped in a 372
conspicuous place on the certificate of title for the vehicle 373
words stating that the vehicle has been rebuilt or assembled 374
from parts, or is a kit car, glider kit, repl ica, flood vehicle, 375
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custom vehicle, or street rod vehicle unless proper application 376
for a certificate of title for a vehicle that is rebuilt or 377
assembled from parts, or is a kit car, glider kit, replica, 378
flood vehicle, custom vehicle, or street rod vehicle has been 379
made to the department in accordance with this chapter and the 380
department has conducted the physical examination of the vehicle 381
to assure the identity of the vehicle and all major component 382
parts, as defined in s. 319.30(1), which have been repai red or 383
replaced. If a vehicle is identified as a flood vehicle, the 384
words stamped on the certificate of title must identify the type 385
of water that caused damage to the vehicle as "salt water," 386
"fresh water," or "other or unknown water type," as applicable. 387
Thereafter, the department shall affix a decal to the vehicle, 388
in the manner prescribed by the department, showing the vehicle 389
to be rebuilt. 390
(c) As used in this section, the term: 391
9.1. "Police vehicle" means a motor vehicle owned or 392
leased by the state or a county or municipality and used in law 393
enforcement. 394
13.2.a. "Short-term-lease vehicle" means a motor vehicle 395
leased without a driver and under a written agreement to one or 396
more persons from time to time for a period of less than 12 397
months. 398
7.b. "Long-term-lease vehicle" means a motor vehicle 399
leased without a driver and under a written agreement to one 400
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person for a period of 12 months or longer. 401
6.c. "Lease vehicle" includes both short -term-lease 402
vehicles and long-term-lease vehicles. 403
10.3. "Rebuilt vehicle" means a motor vehicle or mobile 404
home built from salvage or junk, as defined in s. 319.30(1). 405
1.4. "Assembled from parts" means a motor vehicle or 406
mobile home assembled from parts or combined from parts of motor 407
vehicles or mobile homes, new or used. The term "assembled from 408
parts" does not include mean a motor vehicle defined as a 409
"rebuilt vehicle as defined" in subparagraph 10. 3., which has 410
been declared a total loss pursuant to s. 319.30. 411
5. "Kit car" means a motor vehicle assembled with a kit 412
supplied by a manufacturer to rebuild a wrecked or outdated 413
motor vehicle with a new body kit. 414
4.6. "Glider kit" means a vehicle assembled with a kit 415
supplied by a manufacturer to rebuild a wrecked or outdated 416
truck or truck tractor. 417
11.7. "Replica" means a complete new motor vehicle 418
manufactured to look like an old vehicle. 419
3.8. "Flood vehicle" means a motor vehicle or mobile home 420
that has been declared to be a total loss pursuant to s. 421
319.30(3)(a) resulting from damage caused by salt water, fresh 422
water, or other or unknown type of water. 423
8.9. "Nonconforming vehicle" means a motor vehicle that 424
which has been purchased by a manufacturer pursuant to a 425
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settlement, determination, or decision under chapter 681. 426
12.10. "Settlement" means an agreement entered into 427
between a manufacturer and a consumer which that occurs after a 428
dispute is submitted to a pr ogram, or to an informal dispute 429
settlement procedure established by a manufacturer, or is 430
approved for arbitration before the Florida New Motor Vehicle 431
Arbitration Board as defined in s. 681.102. 432
2.11. "Custom vehicle" means a motor vehicle that: 433
a. Is 25 years of age or older and of a model year after 434
1948 or was manufactured to resemble a vehicle that is 25 years 435
of age or older and of a model year after 1948; and 436
b. Has been altered from the manufacturer's original 437
design or has a body constructed from nonoriginal materials. 438
439
The model year and year of manufacture that the body of a custom 440
vehicle resembles is the model year and year of manufacture 441
listed on the certificate of title, regardless of when the 442
vehicle was actually manufactured. 443
14.12. "Street rod" means a motor vehicle that: 444
a. Is of a model year of 1948 or older or was manufactured 445
after 1948 to resemble a vehicle of a model year of 1948 or 446
older; and 447
b. Has been altered from the manufacturer's original 448
design or has a body const ructed from nonoriginal materials. 449
450
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The model year and year of manufacture that the body of a street 451
rod resembles is the model year and year of manufacture listed 452
on the certificate of title, regardless of when the vehicle was 453
actually manufactured. 454
Section 8. Subsection (3) of section 319.23, Florida 455
Statutes, is amended to read: 456
319.23 Application for, and issuance of, certificate of 457
title.— 458
(3) If a certificate of title has not previously been 459
issued for a motor vehicle or mobile home in this state, the 460
application, unless otherwise provided for in this chapter, 461
shall be accompanied by a proper bill of sale or sworn statement 462
of ownership, or a duly certified copy thereof, or by a 463
certificate of title, bill of sale, or other evidence of 464
ownership required by the law of the state or country county 465
from which the motor vehicle or mobile home was brought into 466
this state. The application shall also be accompanied by: 467
(a)1. A sworn affidavit from the seller and purchaser 468
verifying that the vehicle identification number shown on the 469
affidavit is identical to the vehicle identification number 470
shown on the motor vehicle; or 471
2. An appropriate departmental form evidencing that a 472
physical examination has been made of the motor vehicle by the 473
owner and by a duly constituted law enforcement officer in any 474
state, a licensed motor vehicle dealer, a license inspector as 475
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provided by s. 320.58, or a notary public commissioned by this 476
state and that the vehicle identification number shown on such 477
form is identical to the vehicle identification number shown on 478
the motor vehicle; and 479
(b) If the vehicle is a used car original, a sworn 480
affidavit from the owner verifying that the odometer reading 481
shown on the affidavit is identical to the odometer reading 482
shown on the motor vehicle in accordance with the requirements 483
of 49 C.F.R. s. 580.5 at the time that application for title is 484
made. For the purposes of this section, the term "used car 485
original" means a used vehicle coming into and being titled in 486
this state for the first time. 487
(c) If the vehicle is an ancient or antique vehicle, as 488
defined in s. 320.086, the application shall be accompanied by a 489
certificate of title; a bill of sale and a registration; or a 490
bill of sale and an affidavit by the owner defending the title 491
from all claims. The bill of sale must contain a complete 492
vehicle description to include the vehicle identification or 493
engine number, year make, color, selling price, and signatures 494
of the seller and purchaser. 495
496
Verification of the vehicle identifica tion number is not 497
required for any new motor vehicle; any mobile home; any trailer 498
or semitrailer with a net weight of less than 2,000 pounds; or 499
any travel trailer, camping trailer, truck camper, or fifth -500
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wheel recreation trailer. 501
Section 9. Paragrap hs (c) and (d) of subsection (1) of 502
section 319.28, Florida Statutes, are redesignated as paragraphs 503
(d) and (e), respectively, and a new paragraph (c) is added to 504
that subsection to read: 505
319.28 Transfer of ownership by operation of law. — 506
(1) 507
(c) If the previous owner died testate and the application 508
for a certificate of title is made by, and accompanied by an 509
affidavit attested by, a Florida -licensed attorney in good 510
standing with The Florida Bar who is representing the previous 511
owner's estate, such affidavit shall, for purposes of paragraph 512
(a), constitute satisfactory proof of ownership and right of 513
possession to the motor vehicle or mobile home, so long as the 514
affidavit sets forth the rightful heir or heirs and the attorney 515
attests in the affidavit that such heir or heirs are lawfully 516
entitled to the rights of ownership and possession of the motor 517
vehicle or mobile home. It shall not be necessary for the 518
application for certificate of title filed under this paragraph 519
to be accompanied by a copy of t he will or other testamentary 520
instrument. 521
Section 10. Subsection (3) of section 319.29, Florida 522
Statutes, is amended to read: 523
319.29 Lost or destroyed certificates. — 524
(3) If, following the issuance of an original, duplicate, 525
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or corrected certificate of title by the department, the 526
certificate is lost in transit and is not delivered to the 527
addressee, the owner of the motor vehicle or mobile home, or the 528
holder of a lien thereon, may, within 180 days after of the date 529
of issuance of the title, apply to the department for reissuance 530
of the certificate of title. An No additional fee shall not be 531
charged by the department or a tax collector, as agent for the 532
department, for reissuance under this subsection. 533
Section 11. Paragraphs (g) and (j) of subsect ion (1), 534
paragraph (b) of subsection (3), and subsection (9) of section 535
319.30, Florida Statutes, are amended, and paragraph (y) is 536
added to subsection (1) of that section, to read: 537
319.30 Definitions; dismantling, destruction, change of 538
identity of motor vehicle or mobile home; salvage. — 539
(1) As used in this section, the term: 540
(g) "Independent entity" means a business or entity that 541
may temporarily store damaged or dismantled motor vehicles or 542
vessels pursuant to an agreement with an insurance company and 543
is engaged in the sale or resale of damaged or dismantled motor 544
vehicles or vessels. The term does not include a wrecker 545
operator, a towing company, or a repair facility. 546
(j) "Major component parts" means: 547
1. For motor vehicles other than motorcyc les and electric, 548
hybrid, or plug-in hybrid motor vehicles , any fender, hood, 549
bumper, cowl assembly, rear quarter panel, trunk lid, door, 550
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decklid, floor pan, engine, frame, transmission, catalytic 551
converter, or airbag. 552
2. For trucks other than electric, hybrid, or plug-in 553
hybrid motor vehicles , in addition to those parts listed in 554
subparagraph 1., any truck bed, including dump, wrecker, crane, 555
mixer, cargo box, or any bed which mounts to a truck frame. 556
3. For motorcycles, the body assembly, frame, fende rs, gas 557
tanks, engine, cylinder block, heads, engine case, crank case, 558
transmission, drive train, front fork assembly, and wheels. 559
4. For mobile homes, the frame. 560
5. For electric, hybrid, or plug -in hybrid motor vehicles, 561
any fender, hood, bumper, cowl assembly, rear quarter panel, 562
trunk lid, door, decklid, floor pan, engine, electric traction 563
motor, frame, transmission or electronic transmission, charge 564
port, DC power converter, onboard charger, power electronics 565
controller, thermal system, traction ba ttery pack, catalytic 566
converter, or airbag. 567
(y) "Vessel" has the same meaning as provided in s. 568
713.78(1)(b). 569
(3) 570
(b) The owner, including persons who are self -insured, of 571
a motor vehicle or mobile home that is considered to be salvage 572
shall, within 72 hours after the motor vehicle or mobile home 573
becomes salvage, forward the title to the motor vehicle or 574
mobile home to the department for processing. However, an 575
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insurance company that pays money as compensation for the total 576
loss of a motor vehicle or m obile home shall obtain the 577
certificate of title for the motor vehicle or mobile home, make 578
the required notification to the National Motor Vehicle Title 579
Information System, and, within 72 hours after receiving such 580
certificate of title, forward such title by the United States 581
Postal Service, by another commercial delivery service, or by 582
electronic means, when such means are made available by the 583
department, to the department for processing. The owner or 584
insurance company, as applicable, may not dispose of a vehicle 585
or mobile home that is a total loss before it obtains a salvage 586
certificate of title or certificate of destruction from the 587
department. Effective January 1, 2020: 588
1. Thirty days after payment of a claim for compensation 589
pursuant to this paragra ph, the insurance company may receive a 590
salvage certificate of title or certificate of destruction from 591
the department if the insurance company is unable to obtain a 592
properly assigned paper or electronic certificate of title from 593
the owner or lienholder of the motor vehicle or mobile home , if 594
the motor vehicle or mobile home does not carry an electronic 595
lien on the title and the insurance company: 596
a. Has obtained the release of all liens on the motor 597
vehicle or mobile home , or has paid the amount due to t he 598
lienholder and has obtained proof that the lienholder accepts 599
payment as satisfying the amount due to the lienholder ; 600
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b. Has attested on a form provided by the department that 601
payment of the total loss claim has been distributed; and 602
c. Has attested on a form provided by the department and 603
signed by the insurance company or its authorized agent stating 604
the attempts that have been made to obtain the title from the 605
owner or lienholder and further stating that all attempts are to 606
no avail. The form must include a request that the salvage 607
certificate of title or certificate of destruction be issued in 608
the insurance company's name due to payment of a total loss 609
claim to the owner or lienholder. The attempts to contact the 610
owner or lienholder may be by written request delivered in 611
person or by first-class mail with a certificate of mailing to 612
the owner's last known address or lienholder's last known 613
address, respectively. 614
2. If the owner or lienholder is notified of the request 615
for title in person, the ins urance company must provide an 616
affidavit attesting to the in -person request for a certificate 617
of title. 618
3. The request to the owner or lienholder for the 619
certificate of title must include a complete description of the 620
motor vehicle or mobile home and the statement that a total loss 621
claim has been paid on the motor vehicle or mobile home. 622
623
The department is not liable and may not be held liable to an 624
owner, lienholder, or any other person as a result of the 625
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issuance of a salvage title or a certificate of d estruction 626
pursuant to this paragraph. 627
(9)(a) An insurance company may notify an independent 628
entity that obtains possession of a damaged or dismantled motor 629
vehicle or vessel to release the vehicle or vessel to the owner. 630
The insurance company shall prov ide the independent entity a 631
release statement on a form prescribed by the department 632
authorizing the independent entity to release the vehicle or 633
vessel to the owner or lienholder. The form must, at a minimum, 634
contain the following: 635
1. The policy and cl aim number. 636
2. The name and address of the insured. 637
3. The vehicle identification number or vessel hull 638
identification number . 639
4. The signature of an authorized representative of the 640
insurance company. 641
(b) The independent entity in possession of a motor 642
vehicle or vessel must send a notice to the owner that the 643
vehicle or vessel is available for pickup when it receives a 644
release statement from the insurance company. The notice shall 645
be sent by certified mail or by another commercially available 646
delivery service that provides proof of delivery to the owner at 647
the owner's address contained in the department's records. The 648
notice must state that the owner has 30 days after delivery of 649
the notice to the owne r at the owner's address to pick up the 650
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vehicle or vessel from the independent entity. If the motor 651
vehicle or vessel is not claimed within 30 days after the 652
delivery or attempted delivery of the notice, the independent 653
entity may apply for a certificate o f destruction, a salvage 654
certificate of title, or a certificate of title. For a hull-655
damaged vessel, the independent entity shall comply with s. 656
328.045 as applicable. 657
(c) If the department's records do not contain the owner's 658
address, the independent en tity must do all of the following: 659
1. Send a notice that meets the requirements of paragraph 660
(b) to the owner's address that is provided by the insurance 661
company in the release statement. 662
2. For a vehicle, identify the latest titling jurisdiction 663
of the vehicle through use of the National Motor Vehicle Title 664
Information System or an equivalent commercially available 665
system and attempt to obtain the owner's address from that 666
jurisdiction. If the jurisdiction returns an address that is 667
different from the owner's address provided by the insurance 668
company, the independent entity must send a notice that meets 669
the requirements of paragraph (b) to both addresses. 670
(d) The independent entity shall maintain for at least a 671
minimum of 3 years the records related t o the 30-day notice sent 672
to the owner. For vehicles, the independent entity shall also 673
maintain for at least 3 years the results of searches of the 674
National Motor Vehicle Title Information System or an equivalent 675
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commercially available system , and the notification to the 676
National Motor Vehicle Title Information System made pursuant to 677
paragraph (e). 678
(e) The independent entity shall make the required 679
notification to the National Motor Vehicle Title Information 680
System before releasing any damag ed or dismantled motor vehicle 681
to the owner or before applying for a certificate of destruction 682
or salvage certificate of title. The independent entity is not 683
required to notify the National Motor Vehicle Title Information 684
System before releasing any damag ed or dismantled vessel to the 685
owner or before applying for a certificate of title. 686
(f) Upon applying for a certificate of destruction , or 687
salvage certificate of title, or certificate of title, the 688
independent entity shall provide a copy of the release s tatement 689
from the insurance company to the independent entity, proof of 690
providing the 30-day notice to the owner, proof of notification 691
to the National Motor Vehicle Title Information System if 692
required, proof of all lien satisfactions or proof of a releas e 693
of all liens on the motor vehicle or vessel, and applicable 694
fees. If the independent entity is unable to obtain a lien 695
satisfaction or a release of all liens on the motor vehicle or 696
vessel, the independent entity must provide an affidavit stating 697
that notice was sent to all lienholders that the motor vehicle 698
or vessel is available for pickup, 30 days have passed since the 699
notice was delivered or attempted to be delivered pursuant to 700
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this section, attempts have been made to obtain a release from 701
all lienholders, and all such attempts have been to no avail. 702
The notice to lienholders and attempts to obtain a release from 703
lienholders may be by written request delivered in person or by 704
certified mail or another commercially available delivery 705
service that provides proof of delivery to the lienholder at the 706
lienholder's address as provided on the certificate of title and 707
to the address designated with the Department of State pursuant 708
to s. 655.0201(2) if such address is different. 709
(g) The independent entity may not charge an owner of the 710
vehicle or vessel storage fees or apply for a title under s. 711
713.585 or s. 713.78. 712
Section 12. Paragraph (b) of subsection (1) and paragraph 713
(a) of subsection (3) of section 320.06, Florida Statutes, are 714
amended to read: 715
320.06 Registration certificates, license plates, and 716
validation stickers generally. — 717
(1) 718
(b)1. Registration license plates bearing a graphic symbol 719
and the alphanumeric system of identification shall be issued 720
for a 10-year period. At the end of the 10 -year period, upon 721
renewal, the plate shall be replaced. The department shall 722
extend the scheduled license plate replacement date from a 6 -723
year period to a 10-year period. The fee for such replacement is 724
$28, $2.80 of which shall be paid each year before th e plate is 725
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replaced, to be credited toward the next $28 replacement fee. 726
The fees shall be deposited into the Highway Safety Operating 727
Trust Fund. A credit or refund may not be given for any prior 728
years' payments of the prorated replacement fee if the plat e is 729
replaced or surrendered before the end of the 10 -year period, 730
except that a credit may be given if a registrant is required by 731
the department to replace a license plate under s. 732
320.08056(8)(a). With each license plate, a validation sticker 733
shall be issued showing the owner's birth month, license plate 734
number, and the year of expiration or the appropriate renewal 735
period if the owner is not a natural person. The validation 736
sticker shall be placed on the upper right corner of the license 737
plate. The license plate and validation sticker shall be issued 738
based on the applicant's appropriate renewal period. The 739
registration period is 12 months, the extended registration 740
period is 24 months, and all expirations occur based on the 741
applicant's appropriate registr ation period. Rental vehicles 742
taxed pursuant to s. 320.08(6)(a) and rental trucks taxed 743
pursuant to s. 320.08(3)(a), (b), and (c) and (4)(a) -(d) may 744
elect a permanent registration period, provided payment of the 745
appropriate license taxes and fees occurs an nually. 746
2. A vehicle that has an apportioned registration shall be 747
issued an annual license plate and a cab card that denote the 748
declared gross vehicle weight for each apportioned jurisdiction 749
in which the vehicle is authorized to operate. This subparagr aph 750
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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
expires June 30, 2024. 751
3. Beginning July 1, 2024, a vehicle registered in 752
accordance with the International Registration Plan must be 753
issued a license plate for a 3 -year period. At the end of the 3 -754
year period, upon renewal, the license plate must be replaced. 755
Each license plate must include a validation sticker showing the 756
month of expiration. A cab card denoting the declared gross 757
vehicle weight for each apportioned jurisdiction must be issued 758
annually. The fee for an original or a renewal cab card is $28, 759
which must be deposited into the Highway Safety Operating Trust 760
Fund. If the license plate is damaged or worn, it may be 761
replaced at no charge by applying to the department and 762
surrendering the current license plate. 763
4. In order to retain the eff icient administration of the 764
taxes and fees imposed by this chapter, the 80 -cent fee increase 765
in the replacement fee imposed by chapter 2009 -71, Laws of 766
Florida, is negated as provided in s. 320.0804. 767
(3)(a) Registration license plates must be made of me tal 768
specially treated with a retroreflection material, as specified 769
by the department. The registration license plate is designed to 770
increase nighttime visibility and legibility and must be at 771
least 6 inches wide and not less than 12 inches in length, 772
unless a plate with reduced dimensions is deemed necessary by 773
the department to accommodate motorcycles, mopeds, or similar 774
smaller vehicles, or trailers. Validation stickers must also be 775
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treated with a retroreflection material, must be of such size as 776
specified by the department, and must adhere to the license 777
plate. The registration license plate must be imprinted with a 778
combination of bold letters and numerals or numerals, not to 779
exceed seven digits, to identify the registration license plate 780
number. The license plate must be imprinted with the word 781
"Florida" at the top and the name of the county in which it is 782
sold, the state motto, or the words "Sunshine State" at the 783
bottom. Apportioned license plates must have the word 784
"Apportioned" at the bottom, and lic ense plates issued for 785
vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or 786
(c), or (14) must have the word "Restricted" at the bottom. 787
License plates issued for vehicles taxed under s. 320.08(12) 788
must be imprinted with the word "Florida" at the top and the 789
word "Dealer" at the bottom unless the license plate is a 790
specialty license plate as authorized in s. 320.08056. 791
Manufacturer license plates issued for vehicles taxed under s. 792
320.08(12) must be imprinted with the word "Florida" at the top 793
and the word "Manufacturer" at the bottom. License plates issued 794
for vehicles taxed under s. 320.08(5)(d) or (e) must be 795
imprinted with the word "Wrecker" at the bottom. Any county may, 796
upon majority vote of the county commission, elect to have the 797
county name removed from the license plates sold in that county. 798
The state motto or the words "Sunshine State" shall be printed 799
in lieu thereof. A license plate issued for a vehicle taxed 800
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under s. 320.08(6) may not be assigned a registration license 801
number, or be issued with any other distinctive character or 802
designation, that distinguishes the motor vehicle as a for -hire 803
motor vehicle. 804
Section 13. Effective January 1, 2024, section 320.0605, 805
Florida Statutes, is amended to read: 806
320.0605 Certificate of registra tion and other documents; 807
possession required; exception. — 808
(1)(a) The registration certificate in a uniform paper or 809
electronic format, as prescribed by the department, or an 810
official copy thereof ;, a true copy or an electronic copy of 811
rental or lease documentation issued for a motor vehicle or 812
issued for a replacement vehicle in the same registration 813
period;, a temporary receipt printed upon self -initiated 814
electronic renewal of a registration via the Internet ;, or a cab 815
card issued for a vehicle register ed under the International 816
Registration Plan must shall, at all times while the vehicle is 817
being used or operated on the roads of this state, be in the 818
possession of the operator thereof or be carried in the vehicle 819
for which such documentation was issued at all times while the 820
vehicle is being used or operated on the roads of this state and 821
must shall be exhibited upon demand of any authorized law 822
enforcement officer or any agent of the department, except for a 823
vehicle registered under s. 320.0657. This paragraph section 824
does not apply during the first 30 days after purchase of a 825
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replacement vehicle. A violation of this paragraph section is a 826
noncriminal traffic infraction, punishable as a nonmoving 827
violation as provided in chapter 318. 828
(b)1. The act of presenting to a law enforcement officer 829
or agent of the department an electronic device displaying an 830
electronic registration certificate or a copy of rental or lease 831
documentation does not constitute consent for the officer or 832
agent to access any information on the device other than the 833
displayed registration certificate or rental or lease 834
documentation. 835
2. The person who presents the device to the officer or 836
agent assumes the liability for any resulting damage to the 837
device. 838
(2) Rental or lease documentation that is sufficient to 839
satisfy the requirement in subsection (1) includes the 840
following: 841
(a) Date and time of rental; 842
(b) Rental agreement number; 843
(c) Rental vehicle identification number; 844
(d) Rental vehicle license plate n umber and state of 845
registration; 846
(e) Vehicle's make, model, and color; 847
(f) Vehicle's mileage; and 848
(g) Authorized renter's name. 849
Section 14. Paragraphs (a) and (f) of subsection (8) of 850
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section 320.08056, Florida Statutes, as amended by section 7 of 851
chapter 2020-181, Laws of Florida, are amended to read: 852
320.08056 Specialty license plates. — 853
(8)(a) The department must discontinue the issuance of an 854
approved specialty license plate if the number of valid 855
specialty plate registrations falls below 3,000, or in the case 856
of an out-of-state college or university license plate, 4,000 , 857
for at least 12 consecutive months. The department shall mail a 858
warning letter to the sponsoring organization following the 859
first month in which the total number of valid specialty plate 860
registrations is below 3,000 , or in the case of an out -of-state 861
college or university license plate, 4,000 . This paragraph does 862
not apply to in-state collegiate license plates established 863
under s. 320.08058(3), license plates of institution s in and 864
entities of the State University System, specialty license 865
plates that have statutory eligibility limitations for purchase, 866
specialty license plates for which annual use fees are 867
distributed by a foundation for student and teacher leadership 868
programs and teacher recruitment and retention, or Florida 869
Professional Sports Team license plates established under s. 870
320.08058(9). 871
(f) Notwithstanding paragraph (a), on January 1 of each 872
year, the department shall discontinue the specialty license 873
plate with the fewest number of plates in circulation, including 874
license plates exempt from a statutory sales requirement. The 875
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department shall mail a warning letter to the sponsoring 876
organizations of the 10 percent of specialty license plates with 877
the lowest number of valid, active registrations as of December 878
1 of each year. This paragraph does not apply to collegiate 879
license plates established under s. 320.08058(3). 880
Section 15. Subsections (3) and (58) and paragraph (a) of 881
subsection (95) of section 320.0805 8, Florida Statutes, are 882
amended to read: 883
320.08058 Specialty license plates. — 884
(3) COLLEGIATE LICENSE PLATES. — 885
(a) The department shall develop a collegiate license 886
plate as provided in this section for state and independent 887
universities domiciled in this state. However, any collegiate 888
license plate created or established after October 1, 2002, must 889
comply with the requirements of s. 320.08053 other than the 890
presale requirements in s. 320.08053(2)(b) and be specifically 891
authorized by an act of the Leg islature. Collegiate license 892
plates must bear the colors and design approved by the 893
department as appropriate for each state and independent 894
university. The word "Florida" must be stamped across the bottom 895
of the plate in small letters. 896
(b) A collegiate plate annual use fee is to be distributed 897
to the state or independent university foundation designated by 898
the purchaser for deposit in an unrestricted account. The Board 899
of Governors of the State University System shall require each 900
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state university to sub mit a plan for approval of the 901
expenditure of all funds so designated. These funds may be used 902
only for academic enhancement, including scholarships and 903
private fundraising activities. 904
(c) If a collegiate license plate has previously been 905
discontinued pursuant to s. 320.08056(8)(f), the department may 906
reauthorize the collegiate license plate if the state or 907
independent university resubmits the collegiate license plate 908
for authorization. 909
(58) PROTECT FLORIDA SPRINGS LICENSE PLATES. — 910
(a) The department shall develop a Protect Florida Springs 911
license plate as provided in this section. The word "Florida" 912
must appear at the top of the plate, and the words "Protect 913
Florida Springs" must appear at the bottom of the plate. 914
(b) The annual use fees shall be di stributed to the Fish & 915
Wildlife Foundation of Florida, Inc., a citizen support 916
organization created pursuant to s. 379.223, which shall 917
administer the fees as follows: 918
1. Wildlife Foundation of Florida, Inc., shall retain the 919
first $60,000 of the annual use fees as direct reimbursement for 920
administrative costs, startup costs, and costs incurred in the 921
development and approval process. 922
1.2. Up to Thereafter, a maximum of 10 percent of the fees 923
may be used for administrative costs directly associated wit h 924
education programs, conservation, springs research, and grant 925
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administration of the foundation. A maximum of 15 percent of the 926
fees may be used for continuing promotion and marketing of the 927
license plate. 928
2.3. At least 75 55 percent of the fees shall b e available 929
for the conservation of Florida's freshwater springs, including 930
scientific research, springs habitat restoration, springs 931
protection, and public education regarding springs competitive 932
grants for targeted community -based springs research not 933
currently available for state funding. The remaining 20 percent 934
shall be directed toward community outreach programs aimed at 935
implementing such research findings . The majority of funds shall 936
be awarded via competitive grants shall be administered and 937
approved by the board of directors of the Fish & Wildlife 938
Foundation of Florida , Inc., with input from a . The granting 939
advisory committee shall be composed of nine members, including 940
one representative from the Fish and Wildlife Conservat ion 941
Commission, one representative from the Department of 942
Environmental Protection, one representative from the Department 943
of Health, one representative from the Department of Economic 944
Opportunity, three citizen representatives, and two 945
representatives from nonprofit stakeholder groups. 946
4. The remaining funds shall be distributed with the 947
approval of and accountability to the board of directors of the 948
Wildlife Foundation of Florida, and shall be used to support 949
activities contributing to education, outrea ch, and springs 950
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conservation. 951
(95) AMERICAN EAGLE LICENSE PLATES. — 952
(a) The department shall develop an American Eagle license 953
plate as provided in this section and s. 320.08053. The plate 954
must bear the colors and design approved by the department. The 955
word "Florida" must appear at the top of the plate, and the 956
words "Protect the Eagle In God We Trust" must appear at the 957
bottom of the plate. 958
Section 16. Subsection (1) of section 320.084, Florida 959
Statutes, is amended, and subsection (6) is added to th at 960
section, to read: 961
320.084 Free motor vehicle license plate to certain 962
disabled veterans.— 963
(1) One free "DV" motor vehicle license number plate shall 964
be issued by the department for use on any motor vehicle owned 965
or leased by any disabled veteran who has been a resident of 966
this state continuously for the preceding 5 years or has 967
established a domicile in this state as provided by s. 968
222.17(1), (2), or (3), and who has been honorably discharged 969
from the United States Armed Forces, upon application, 970
accompanied by proof that: 971
(a) A vehicle was initially acquired through financial 972
assistance by the United States Department of Veterans Affairs 973
or its predecessor specifically for the purchase of an 974
automobile; 975
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(b) The applicant has been determined by th e United States 976
Department of Veterans Affairs or its predecessor to have a 977
service-connected 100-percent disability rating for 978
compensation; or 979
(c) The applicant has been determined to have a service -980
connected disability rating of 100 percent and is in receipt of 981
disability retirement pay from any branch of the United States 982
Armed Services. 983
(6)(a) A disabled veteran who meets the requirements of 984
subsection (1) may be issued, in lieu of the "DV" license plate, 985
a military license plate for which he or sh e is eligible or a 986
specialty license plate. A disabled veteran electing a military 987
license plate or specialty license plate under this subsection 988
must pay all applicable fees related to such license plate, 989
except for fees otherwise waived under subsections (1) and (4). 990
(b) A military license plate or specialty license plate 991
elected under this subsection: 992
1. Does not provide the protections or rights afforded by 993
ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041. 994
2. Is not eligible for the international symbol of 995
accessibility as described in s. 320.0842. 996
Section 17. Subsections (16) through (48) of section 997
322.01, Florida Statutes, are renumbered as subsections (17) 998
through (49), respectively, subsection (5) and present 999
subsections (37) and (41) of that section are amended, and a new 1000
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subsection (16) is added to that section, to read: 1001
322.01 Definitions. —As used in this chapter: 1002
(5) "Cancellation" means the act of declaring a driver 1003
license void and terminated but does not include a d owngrade. 1004
(16) "Downgrade" has the same meaning as provided in 1005
paragraph (4) of the definition of the term "CDL downgrade" in 1006
49 C.F.R. s. 383.5. 1007
(38)(37) "Revocation" means the termination of a 1008
licensee's privilege to drive but does not include a down grade. 1009
(42)(41) "Suspension" means the temporary withdrawal of a 1010
licensee's privilege to drive a motor vehicle but does not 1011
include a downgrade. 1012
Section 18. Subsection (2) of section 322.02, Florida 1013
Statutes, is amended to read: 1014
322.02 Legislative intent; administration. — 1015
(2) The Department of Highway Safety and Motor Vehicles is 1016
charged with the administration and function of enforcement of 1017
the provisions of this chapter and the enforcement and 1018
administration of 49 C.F.R. parts 382 -386 and 390-397. 1019
Section 19. Subsections (4) through (12) of section 1020
322.05, Florida Statutes, are renumbered as subsections (5) 1021
through (13), respectively, and a new subsection (4) is added to 1022
that section to read: 1023
322.05 Persons not to be licensed. —The department may not 1024
issue a license: 1025
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(4) To any person, as a commercial motor vehicle operator, 1026
who is ineligible to operate a commercial motor vehicle pursuant 1027
to 49 C.F.R. part 383. 1028
Section 20. Subsection (3) of section 322.07, Florida 1029
Statutes, is amended t o read: 1030
322.07 Instruction permits and temporary licenses. — 1031
(3) Any person who, except for his or her lack of 1032
instruction in operating a commercial motor vehicle, would 1033
otherwise be qualified to obtain a commercial driver license 1034
under this chapter, may apply for a temporary commercial 1035
instruction permit. The department shall issue such a permit 1036
entitling the applicant, while having the permit in his or her 1037
immediate possession, to drive a commercial motor vehicle on the 1038
highways, if: 1039
(a) The applicant possesses a valid Florida driver 1040
license; and 1041
(b) The applicant, while operating a commercial motor 1042
vehicle, is accompanied by a licensed driver who is 21 years of 1043
age or older, who is licensed to operate the class of vehicle 1044
being operated, and who is occupying the closest seat to the 1045
right of the driver; and 1046
(c) The department has not been notified that, pursuant to 1047
49 C.F.R. s. 382.501(a), the applicant is prohibited from 1048
operating a commercial motor vehicle . 1049
Section 21. Effective January 1, 20 24, subsection (3) of 1050
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section 322.141, Florida Statutes, is amended to read: 1051
322.141 Color or markings of certain licenses or 1052
identification cards. — 1053
(3) All licenses for the operation of motor vehicles or 1054
identification cards originally issued or reiss ued by the 1055
department to persons who are designated as sexual predators 1056
under s. 775.21 or subject to registration as sexual offenders 1057
under s. 943.0435 or s. 944.607, or who have a similar 1058
designation or are subject to a similar registration under the 1059
laws of another jurisdiction, shall have printed in the color 1060
red all information otherwise required to be printed on the 1061
front of the license or identification card , as well as the 1062
following: 1063
(a) For a person designated as a sexual predator under s. 1064
775.21 or who has a similar designation under the laws of 1065
another jurisdiction, the marking "SEXUAL PREDATOR." 1066
(b) For a person subject to registration as a sexual 1067
offender under s. 943.0435 or s. 944.607, or subject to a 1068
similar registration under the laws of another jurisdiction, the 1069
marking "943.0435, F.S." 1070
Section 22. Paragraphs (m) and (n) of subsection (4) of 1071
section 322.142, Florida Statutes, are amended, and paragraphs 1072
(o) and (p) are added to that subsection, to read: 1073
322.142 Color photographic o r digital imaged licenses. — 1074
(4) The department may maintain a film negative or print 1075
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file. The department shall maintain a record of the digital 1076
image and signature of the licensees, together with other data 1077
required by the department for identification and retrieval. 1078
Reproductions from the file or digital record are exempt from 1079
the provisions of s. 119.07(1) and may be made and issued only: 1080
(m) To the following persons for the purpose of 1081
identifying a person as part of the official work of a court: 1082
1. A justice or judge of this state; 1083
2. An employee of the state courts system who works in a 1084
position that is designated in writing for access by the Chief 1085
Justice of the Supreme Court or a chief judge of a district or 1086
circuit court, or by his or her designee; or 1087
3. A government employee who performs functions on behalf 1088
of the state courts system in a position that is designated in 1089
writing for access by the Chief Justice or a chief judge, or by 1090
his or her designee; or 1091
(n) To the Agency for Health C are Administration pursuant 1092
to an interagency agreement to prevent health care fraud. If the 1093
Agency for Health Care Administration enters into an agreement 1094
with a private entity to carry out duties relating to health 1095
care fraud prevention, such contracts s hall include, but need 1096
not be limited to: 1097
1. Provisions requiring internal controls and audit 1098
processes to identify access, use, and unauthorized access of 1099
information. 1100
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2. A requirement to report unauthorized access or use to 1101
the Agency for Health Care Administration within 1 business day 1102
after the discovery of the unauthorized access or use. 1103
3. Provisions for liquidated damages for unauthorized 1104
access or use of no less than $5,000 per occurrence ; 1105
(o) To any criminal justice agency, as defined in s. 1106
943.045, pursuant to an interagency agreement for use in 1107
carrying out the criminal justice agency's functions; or 1108
(p) To the driver licensing agency of any other state for 1109
purposes of validating the identity of an applicant for a driver 1110
license or identification card. 1111
Section 23. Subsection (8) and paragraph (a) of subsection 1112
(9) of section 322.21, Florida Statutes, are amended to read: 1113
322.21 License fees; procedure for handling and collecting 1114
fees.— 1115
(8) A person who applies for reinstatement following the 1116
suspension or revocation of the person's driver license must pay 1117
a service fee of $45 following a suspension, and $75 following a 1118
revocation, which is in addition to the fee for a license. A 1119
person who applies for reinstatement of a commercial driver 1120
license following the disqualification or downgrade of the 1121
person's privilege to operate a commercial motor vehicle shall 1122
pay a service fee of $75, which is in addition to the fee for a 1123
license. The department shall collect all of these fees at the 1124
time of reinstatement. The department shall issue proper 1125
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receipts for such fees and shall promptly transmit all funds 1126
received by it as follows: 1127
(a) Of the $45 fee received from a licensee for 1128
reinstatement following a suspension: 1129
1. If the reinstatement is processed by the department, 1130
the department shall deposit $15 in the General Revenue Fund and 1131
$30 in the Highway Safety Operating Trust Fund. 1132
2. If the reinstatement is processed by the tax collector, 1133
$15, less the general revenue service charge set forth in s. 1134
215.20(1), shall be retained by the tax collector, $15 shall be 1135
deposited into the Highway Safety Operating Trust Fund, and $15 1136
shall be deposited into the General Revenue Fund. 1137
(b) Of the $75 fee received from a licensee for 1138
reinstatement following a revocation , or disqualification, or 1139
downgrade: 1140
1. If the reinstatement is processed by the department, 1141
the department shall deposit $35 in the General Revenue Fund and 1142
$40 in the Highway Safety Op erating Trust Fund. 1143
2. If the reinstatement is processed by the tax collector, 1144
$20, less the general revenue service charge set forth in s. 1145
215.20(1), shall be retained by the tax collector, $20 shall be 1146
deposited into the Highway Safety Operating Trust Fund, and $35 1147
shall be deposited into the General Revenue Fund. 1148
1149
If the revocation or suspension of the driver license was for a 1150
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violation of s. 316.193, or for refusal to submit to a lawful 1151
breath, blood, or urine test, an additional fee of $130 must be 1152
charged. However, only one $130 fee may be collected from one 1153
person convicted of violations arising out of the same incident. 1154
The department shall collect the $130 fee and deposit the fee 1155
into the Highway Safety Operating Trust Fund at the time of 1156
reinstatement of the person's driver license, but the fee may 1157
not be collected if the suspension or revocation is overturned. 1158
If the revocation or suspension of the driver license was for a 1159
conviction for a violation of s. 817.234(8) or (9) or s. 1160
817.505, an additional fee of $180 is imposed for each offense. 1161
The department shall collect and deposit the additional fee into 1162
the Highway Safety Operating Trust Fund at the time of 1163
reinstatement of the person's driver license. 1164
(9) An applicant: 1165
(a) Requesting a revi ew authorized in s. 322.222, s. 1166
322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must 1167
pay a filing fee of $25 to be deposited into the Highway Safety 1168
Operating Trust Fund. 1169
Section 24. Section 322.591, Florida Statutes, is created 1170
to read: 1171
322.591 Commercial driver license and commercial 1172
instruction permit; Commercial Driver's License Drug and Alcohol 1173
Clearinghouse; prohibition on issuance of commercial driver 1174
licenses; downgrades. — 1175
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(1) Beginning November 18, 2024, when a person applies for 1176
or seeks to renew, transfer, or make any other change to a 1177
commercial driver license or commercial instruction permit, the 1178
department must obtain the driver's record from the Commercial 1179
Driver's License Drug and Alcohol Clearinghouse established 1180
pursuant to 49 C.F.R. part 382. The department may not issue, 1181
renew, transfer, or revise the types of authorized vehicles that 1182
may be operated or the endorsements applicable to a commercial 1183
driver license or commercial instruction permit for any person 1184
for whom the department receives notification that, pursuant to 1185
49 C.F.R. s. 382.501(a), the person is prohibited from operating 1186
a commercial vehicle. 1187
(2) Beginning November 18, 2024, the department shall 1188
downgrade the commercial driver license or commercial 1189
instruction permit of any driver if the department receives 1190
notification that, pursuant to 49 C.F.R. s. 382.501(a), the 1191
driver is prohibited from operating a commercial motor vehicle. 1192
Any such downgrade must be completed and recorded by the 1193
department in the Comm ercial Driver's License Information System 1194
within 60 days after the department's receipt of such 1195
notification. 1196
(3)(a) Beginning November 18, 2024, upon receipt of 1197
notification that, pursuant to 49 C.F.R. s. 382.501(a), a driver 1198
is prohibited from operati ng a commercial motor vehicle, the 1199
department shall immediately notify the driver who is the 1200
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subject of such notification that he or she is prohibited from 1201
operating a commercial motor vehicle and, upon his or her 1202
request, must afford him or her an opportu nity for an informal 1203
hearing pursuant to this section. The department's notice must 1204
be provided to the driver in the same manner as, and providing 1205
such notice has the same effect as, notices provided pursuant to 1206
s. 322.251(1) and (2). 1207
(b) Such informal h earing must be requested not later than 1208
20 days after the driver receives the notice of the downgrade. 1209
If a request for a hearing, together with the filing fee 1210
required pursuant to s. 322.21, is not received within 20 days 1211
after receipt of such notice, the department must enter a final 1212
order directing the downgrade of the driver's commercial driver 1213
license or commercial instruction permit unless the department 1214
receives notification that, pursuant to 49 C.F.R. s. 382.503(a), 1215
the driver is no longer prohibite d from operating a commercial 1216
motor vehicle. 1217
(c) A hearing requested pursuant to paragraph (b) must be 1218
scheduled and held not later than 30 days after receipt by the 1219
department of a request for the hearing, together with the 1220
filing fee required pursuant to s. 322.21. The submission of a 1221
request for hearing pursuant to this subsection tolls the 1222
deadline to file a petition for writ of certiorari pursuant to 1223
s. 322.31 until after the department enters a final order after 1224
a hearing pursuant to this subsection . 1225
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(d) The informal hearing authorized pursuant to this 1226
subsection is exempt from chapter 120. Such hearing must be 1227
conducted before a hearing officer designated by the department. 1228
The hearing officer may conduct such hearing from any location 1229
in this state by means of communications technology. 1230
(e) The notification received by the department pursuant 1231
to 49 C.F.R. s. 382.501(a) must be in the record for 1232
consideration by the hearing officer and in any proceeding 1233
pursuant to s. 322.31 and is considered self-authenticating. The 1234
basis for the notification received by the department pursuant 1235
to 49 C.F.R. s. 382.501(a) and the information in the Commercial 1236
Driver's License Drug and Alcohol Clearinghouse which resulted 1237
in such notification are not subject to challenge in the hearing 1238
or in any proceeding brought under s. 322.31. 1239
(f) If, before the entry of a final order arising from a 1240
notification received by the department pursuant to 49 C.F.R. s. 1241
382.501(a), the department receives notification that, pursua nt 1242
to 49 C.F.R. s. 382.503(a), the driver is no longer prohibited 1243
from operating a commercial motor vehicle, the department must 1244
dismiss the action to downgrade the driver's commercial driver 1245
license or commercial instruction permit. 1246
(g) Upon the entry o f a final order that results in the 1247
downgrade of a driver's commercial driver license or commercial 1248
instruction permit, the department shall record immediately in 1249
the driver's record that the driver is disqualified from 1250
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operating or driving a commercial mo tor vehicle. The downgrade 1251
of a commercial driver license or commercial instruction permit 1252
pursuant to a final order entered pursuant to this section, and, 1253
upon the entry of a final order, the recording in the driver's 1254
record that the driver subject to suc h a final order is 1255
disqualified from operating or driving a commercial motor 1256
vehicle, are not stayed during the pendency of any proceeding 1257
pursuant to s. 322.31. 1258
(h) If, after the entry of a final order that results in 1259
the downgrade of a driver's commerc ial driver license or 1260
commercial instruction permit and the department's recording in 1261
the driver's record that the driver is disqualified from 1262
operating or driving a commercial motor vehicle, the department 1263
receives notification that, pursuant to 49 C.F.R. s. 382.503(a), 1264
the driver is no longer prohibited from operating a commercial 1265
motor vehicle, the department must reinstate the driver's 1266
commercial driver license or commercial instruction permit upon 1267
application by such driver. 1268
(i) The department is not liable for any commercial driver 1269
license or commercial instruction permit downgrade resulting 1270
from the discharge of its duties. 1271
(j) This section is the exclusive procedure for the 1272
downgrade of a commercial driver license or commercial 1273
instruction permit following notification received by the 1274
department that, pursuant to 49 C.F.R. s. 382.501(a), a driver 1275
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is prohibited from operating a commercial motor vehicle. 1276
(k) The downgrade of a commercial driver license or 1277
commercial instruction permit of a person pursuant to this 1278
section does not preclude the suspension of the driving 1279
privilege for that person pursuant to s. 322.2615 or the 1280
disqualification of that person from operating a commercial 1281
motor vehicle pursuant to s. 322.64. The driving privilege of a 1282
person whose commercial driver license or commercial instruction 1283
permit has been downgraded pursuant to this section also may be 1284
suspended for a violation of s. 316.193. 1285
(4) Beginning November 18, 2024, a driver for whom the 1286
department receives notificatio n that, pursuant to 49 C.F.R. s. 1287
382.501(a), such person is prohibited from operating a 1288
commercial motor vehicle may, if otherwise qualified, be issued 1289
a Class E driver license pursuant to s. 322.251(4), valid for 1290
the length of his or her unexpired license period, at no cost. 1291
Section 25. Subsection (2) of section 322.34, Florida 1292
Statutes, is amended to read: 1293
322.34 Driving while license suspended, revoked, canceled, 1294
or disqualified.— 1295
(2) Any person whose driver license or driving privilege 1296
has been canceled, suspended, or revoked as provided by law, or 1297
who does not have a driver license or driving privilege but is 1298
under suspension or revocation equivalent status as defined in 1299
s. 322.01(43) s. 322.01(42), except persons defined in s. 1300
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322.264, who, knowing of such cancellation, suspension, 1301
revocation, or suspension or revocation equivalent status, 1302
drives any motor vehicle upon the highways of this state while 1303
such license or privilege is canceled, suspended, or revoked, or 1304
while under suspension or revo cation equivalent status, commits: 1305
(a) A misdemeanor of the second degree, punishable as 1306
provided in s. 775.082 or s. 775.083. 1307
(b)1. A misdemeanor of the first degree, punishable as 1308
provided in s. 775.082 or s. 775.083, upon a second or 1309
subsequent conviction, except as provided in paragraph (c). 1310
2. A person convicted of a third or subsequent conviction, 1311
except as provided in paragraph (c), must serve a minimum of 10 1312
days in jail. 1313
(c) A felony of the third degree, punishable as provided 1314
in s. 775.082, s. 775.083, or s. 775.084, upon a third or 1315
subsequent conviction if the current violation of this section 1316
or the most recent prior violation of the section is related to 1317
driving while license canceled, suspended, revoked, or 1318
suspension or revocation equi valent status resulting from a 1319
violation of: 1320
1. Driving under the influence; 1321
2. Refusal to submit to a urine, breath -alcohol, or blood 1322
alcohol test; 1323
3. A traffic offense causing death or serious bodily 1324
injury; or 1325
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4. Fleeing or eluding. 1326
1327
The element of knowledge is satisfied if the person has been 1328
previously cited as provided in subsection (1); or the person 1329
admits to knowledge of the cancellation, suspension, or 1330
revocation, or suspension or revocation equivalent status; or 1331
the person received notice as provided in subsection (4). There 1332
shall be a rebuttable presumption that the knowledge requirement 1333
is satisfied if a judgment or order as provided in subsection 1334
(4) appears in the department's records for any case except for 1335
one involving a suspension by the department for failure to pay 1336
a traffic fine or for a financial responsibility violation. 1337
Section 26. Subsection (4) of section 322.61, Florida 1338
Statutes, is amended to read: 1339
322.61 Disqualification from operating a commercial motor 1340
vehicle.— 1341
(4) Any person who is transporting hazardous materials as 1342
defined in s. 322.01(25) s. 322.01(24) shall, upon conviction of 1343
an offense specified in subsection (3), be disqualified from 1344
operating a commercial motor vehicle for a period of 3 years. 1345
The penalty provided in this subsection shall be in addition to 1346
any other applicable penalty. 1347
Section 27. Paragraph (c) of subsection (9) of section 1348
324.021, Florida Statutes, is amended to read: 1349
324.021 Definitions; minimum insurance required. —The 1350
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following words and phrases when used in this chapter shall, for 1351
the purpose of this chapter, have the meanings respectively 1352
ascribed to them in this section, except in those instances 1353
where the context clearly indicates a different meaning: 1354
(9) OWNER; OWNER/LESSO R.— 1355
(c) Application.— 1356
1. The limits on liability in subparagraphs (b)2. and 3. 1357
do not apply to an owner of motor vehicles that are used for 1358
commercial activity in the owner's ordinary course of business, 1359
other than a rental company that rents or leases motor vehicles. 1360
For purposes of this paragraph, the term "rental company" 1361
includes only an entity that is engaged in the business of 1362
renting or leasing motor vehicles to the general public and that 1363
rents or leases a majority of its motor vehicles to perso ns with 1364
no direct or indirect affiliation with the rental company. The 1365
term "rental company" also includes: 1366
a. A related rental or leasing company that is a 1367
subsidiary of the same parent company as that of the renting or 1368
leasing company that rented or leased the vehicle. 1369
b. The holder of a motor vehicle title or an equity 1370
interest in a motor vehicle title if the title or equity 1371
interest is held pursuant to or to facilitate an asset -backed 1372
securitization of a fleet of motor vehicles used solely in the 1373
business of renting or leasing motor vehicles to the general 1374
public and under the dominion and control of a rental company, 1375
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as described in this subparagraph, in the operation of such 1376
rental company's business. 1377
2. Furthermore, with respect to commercial motor vehicles 1378
as defined in s. 627.732, the limits on liability in 1379
subparagraphs (b)2. and 3. do not apply if, at the time of the 1380
incident, the commercial motor vehicle is being used in the 1381
transportation of materials found to be hazardous for the 1382
purposes of the Hazardous Materials Transportation Authorization 1383
Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is 1384
required pursuant to such act to carry placards warning others 1385
of the hazardous cargo, unless at the time of lease or rental 1386
either: 1387
a. The lessee indicates in writing that the vehicle will 1388
not be used to transport materials found to be hazardous for the 1389
purposes of the Hazardous Materials Transportation Authorization 1390
Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 1391
b. The lessee or other operator of the commercial motor 1392
vehicle has in effect insurance with limits of at least 1393
$5,000,000 combined property damage and bodily injury liability. 1394
3.a. A motor vehicle dealer, or a motor vehicle dealer's 1395
leasing or rental affiliate, that provides a temporary 1396
replacement vehicle at no charge or at a reasonable daily charge 1397
to a service customer whose vehicle is being held for repair, 1398
service, or adjustment by the motor vehicle dealer is immune 1399
from any cause of action and is not liable , vicariously or 1400
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directly, under general law solely by reason of being the owner 1401
of the temporary replacement vehicle for harm to persons or 1402
property that arises out of the use, or operation, of the 1403
temporary replacement vehicle by any person during the pe riod 1404
the temporary replacement vehicle has been entrusted to the 1405
motor vehicle dealer's service customer if there is no 1406
negligence or criminal wrongdoing on the part of the motor 1407
vehicle owner, or its leasing or rental affiliate. 1408
b. For purposes of this section, and notwithstanding any 1409
other provision of general law, a motor vehicle dealer, or a 1410
motor vehicle dealer's leasing or rental affiliate, that gives 1411
possession, control, or use of a temporary replacement vehicle 1412
to a motor vehicle dealer's service customer may not be adjudged 1413
liable in a civil proceeding absent negligence or criminal 1414
wrongdoing on the part of the motor vehicle dealer, or the motor 1415
vehicle dealer's leasing or rental affiliate, if the motor 1416
vehicle dealer or the motor vehicle dealer's leasing or rental 1417
affiliate executes a written rental or use agreement and obtains 1418
from the person receiving the temporary replacement vehicle a 1419
copy of the person's driver license and insurance information 1420
reflecting at least the minimum motor vehicle in surance coverage 1421
required in the state. Any subsequent determination that the 1422
driver license or insurance information provided to the motor 1423
vehicle dealer, or the motor vehicle dealer's leasing or rental 1424
affiliate, was in any way false, fraudulent, mislead ing, 1425
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nonexistent, canceled, not in effect, or invalid does not alter 1426
or diminish the protections provided by this section, unless the 1427
motor vehicle dealer, or the motor vehicle dealer's leasing or 1428
rental affiliate, had actual knowledge thereof at the time 1429
possession of the temporary replacement vehicle was provided. 1430
c. For purposes of this subparagraph, the term: 1431
(I) "Control" means the power to direct the management and 1432
policies of a person whether through ownership of voting 1433
securities or otherwise. 1434
(II) "Motor vehicle dealer's leasing or rental affiliate" 1435
means a person who directly or indirectly controls, is 1436
controlled by, or is under common control with the motor vehicle 1437
dealer. 1438
d.c. For purposes of this subparagraph, the term "service 1439
customer" does not include an agent or a principal of a motor 1440
vehicle dealer or a motor vehicle dealer's leasing or rental 1441
affiliate, and does not include an employee of a motor vehicle 1442
dealer or a motor vehicle dealer's leasing or rental affiliate 1443
unless the employee was provided a temporary replacement 1444
vehicle: 1445
(I) While the employee's personal vehicle was being held 1446
for repair, service, or adjustment by the motor vehicle dealer; 1447
(II) In the same manner as other customers who are 1448
provided a temporary replaceme nt vehicle while the customer's 1449
vehicle is being held for repair, service, or adjustment; and 1450
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(III) The employee was not acting within the course and 1451
scope of his or her employment. 1452
Section 28. Subsection (3) of section 324.0221, Florida 1453
Statutes, is amended to read: 1454
324.0221 Reports by insurers to the department; suspension 1455
of driver license and vehicle registrations; reinstatement. — 1456
(3) An operator or owner whose driver license or 1457
registration has been suspended under this section or s. 316.646 1458
may effect its reinstatement upon compliance with the 1459
requirements of this section and upon payment to the department 1460
of a nonrefundable reinstatement fee of $150 for the first 1461
reinstatement. The reinstatement fee is $250 for the second 1462
reinstatement and $500 for each subsequent reinstatement during 1463
the 3 years following the first reinstatement. A person 1464
reinstating her or his insurance under this subsection must also 1465
secure noncancelable coverage as described in ss. 324.021(8), 1466
324.023, and 627.7275(2) and present to the appropriate person 1467
proof that the coverage is in force on a form adopted by the 1468
department, and such proof shall be maintained for 2 years. If 1469
the person does not have a second reinstatement within 3 years 1470
after her or his initial reinstate ment, the reinstatement fee is 1471
$150 for the first reinstatement after that 3 -year period. If a 1472
person's license and registration are suspended under this 1473
section or s. 316.646, only one reinstatement fee must be paid 1474
to reinstate the license and the regist ration. All fees shall be 1475
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collected by the department at the time of reinstatement. The 1476
department shall issue proper receipts for such fees and shall 1477
promptly deposit those fees in the Highway Safety Operating 1478
Trust Fund. One-third of the fees collected u nder this 1479
subsection shall be distributed from the Highway Safety 1480
Operating Trust Fund to the local governmental entity or state 1481
agency that employed the law enforcement officer seizing the 1482
license plate pursuant to s. 324.201. The funds may be used by 1483
the local governmental entity or state agency for any authorized 1484
purpose. 1485
Section 29. Section 324.131, Florida Statutes, is amended 1486
to read: 1487
324.131 Period of suspension. —Such license, registration 1488
and nonresident's operating privilege shall remain so s uspended 1489
and shall not be renewed, nor shall any such license or 1490
registration be thereafter issued in the name of such person, 1491
including any such person not previously licensed, unless and 1492
until every such judgment is stayed, satisfied in full or to the 1493
extent of the limits stated in s. 324.021(7) and until the said 1494
person gives proof of financial responsibility as provided in s. 1495
324.031, such proof to be maintained for 3 years. In addition, 1496
if the person's license or registration has been suspended or 1497
revoked due to a violation of s. 316.193 or pursuant to s. 1498
322.26(2), that person shall maintain noncancelable liability 1499
coverage for each motor vehicle registered in his or her name, 1500
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as described in s. 627.7275(2), and must present proof that 1501
coverage is in force on a form adopted by the Department of 1502
Highway Safety and Motor Vehicles, such proof to be maintained 1503
for 3 years. 1504
Section 30. Paragraph (g) of subsection (3) of section 1505
627.311, Florida Statutes, is amended to read: 1506
627.311 Joint underwriters and joint reinsurers; public 1507
records and public meetings exemptions. — 1508
(3) The office may, after consultation with insurers 1509
licensed to write automobile insurance in this state, approve a 1510
joint underwriting plan for purposes of equitable apportionment 1511
or sharing among insurers of automobile liability insurance and 1512
other motor vehicle insurance, as an alternate to the plan 1513
required in s. 627.351(1). All insurers authorized to write 1514
automobile insurance in this state shall subscribe to the plan 1515
and participate therein. The plan shall be subject to continuous 1516
review by the office which may at any time disapprove the entire 1517
plan or any part thereof if it determines that conditions have 1518
changed since prior approval and that in view of the purposes of 1519
the plan changes are warranted. Any disapproval by the office 1520
shall be subject to the provisions of chapter 120. The Florida 1521
Automobile Joint Underwriting Association is created under the 1522
plan. The plan and the association: 1523
(g) Must make available noncancelable coverage as provided 1524
in s. 627.7275(2). 1525
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Section 31. Subsection (1) of section 627.351, Florida 1526
Statutes, is amended to read: 1527
627.351 Insurance risk apportionment plans. — 1528
(1) MOTOR VEHICLE INSURANCE RISK APPORTIONMENT. —Agreements 1529
may be made among casu alty and surety insurers with respect to 1530
the equitable apportionment among them of insurance that which 1531
may be afforded applicants who are in good faith entitled to, 1532
but are unable to, procure such insurance through ordinary 1533
methods, and such insurers may agree among themselves on the use 1534
of reasonable rate modifications for such insurance. Such 1535
agreements and rate modifications are shall be subject to the 1536
approval of the office. The office shall, after consultation 1537
with the insurers licensed to write autom obile liability 1538
insurance in this state, adopt a reasonable plan or plans for 1539
the equitable apportionment among such insurers of applicants 1540
for such insurance who are in good faith entitled to, but are 1541
unable to, procure such insurance through ordinary met hods, and, 1542
when such plan has been adopted, all such insurers shall 1543
subscribe to and participate in the plan thereto and shall 1544
participate therein. Such plan or plans shall include rules for 1545
classification of risks and rates therefor. The plan or plans 1546
shall make available noncancelable coverage as provided in s. 1547
627.7275(2). Any insured placed with the plan must shall be 1548
notified of the fact that insurance coverage is being afforded 1549
through the plan and not through the private market, and such 1550
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notification must shall be given in writing within 10 days of 1551
such placement. To ensure assure that plan rates are made 1552
adequate to pay claims and expenses, insurers shall develop a 1553
means of obtaining loss and expense experience at least 1554
annually, and the plan shall f ile such experience, when 1555
available, with the office in sufficient detail to make a 1556
determination of rate adequacy. Before Prior to the filing of 1557
such experience with the office, the plan shall poll each member 1558
insurer as to the need for an actuary who is a member of the 1559
Casualty Actuarial Society and who is not affiliated with the 1560
plan's statistical agent to certify the plan's rate adequacy. If 1561
a majority of those insurers responding indicate a need for such 1562
certification, the plan must shall include the certification as 1563
part of its experience filing. Such experience must shall be 1564
filed with the office not more than 9 months following the end 1565
of the annual statistical period under review, together with a 1566
rate filing based on such said experience. The office shall 1567
initiate proceedings to disapprove the rate and so notify the 1568
plan or shall finalize its review within 60 days after of 1569
receipt of the filing. Notification to the plan by the office of 1570
its preliminary findings, which include a point of entry to the 1571
plan pursuant to chapter 120, tolls shall toll the 60-day period 1572
during any such proceedings and subsequent judicial review. The 1573
rate is shall be deemed approved if the office does not issue 1574
notice to the plan of its preliminary findings within 60 days 1575
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after of the filing. In addition to provisions for claims and 1576
expenses, the ratemaking formula must shall include a factor for 1577
projected claims trending and 5 percent for contingencies. In no 1578
instance shall The formula may not include a renewal discount 1579
for plan insureds. However, the plan shall reunderwrite each 1580
insured on an annual basis, based upon all applicable rating 1581
factors approved by the office. Trend factors may shall not be 1582
found to be inappropriate if they are not in excess of trend 1583
factors normally used in the development of residual market 1584
rates by the appropriate licensed rating organization. Each 1585
application for coverage in the plan must shall include, in 1586
boldfaced 12-point type immediately preceding the applicant's 1587
signature, the following stat ement: 1588
"THIS INSURANCE IS BEING AFFORDED THROUGH THE FLORIDA JOINT 1589
UNDERWRITING ASSOCIATION AND NOT THROUGH THE PRIVATE MARKET. 1590
PLEASE BE ADVISED THAT COVERAGE WITH A PRIVATE INSURER MAY BE 1591
AVAILABLE FROM ANOTHER AGENT AT A LOWER COST. AGENT AND COMPANY 1592
LISTINGS ARE AVAILABLE IN THE LOCAL YELLOW PAGES. " 1593
The plan shall annually report to the office the number and 1594
percentage of plan insureds who are not surcharged due to their 1595
driving record. 1596
Section 32. Paragraph (b) of subsection (2) of section 1597
627.7275, Florida Statutes, is amended to read: 1598
627.7275 Motor vehicle liability. — 1599
(2) 1600
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(b) The policies described in paragraph (a) shall be 1601
issued for at least 6 months and, as to the minimum coverages 1602
required under this section, may not be canceled by the insured 1603
for any reason or by the insurer after 60 days, during which 1604
period the insurer is completing the underwriting of the policy . 1605
After the insurer has issued completed underwriting the policy, 1606
the insurer shall notify the Department of Highway Safety and 1607
Motor Vehicles that the policy is in full force and effect and 1608
is not cancelable for the remainder of the policy period. A 1609
premium shall be collected and the coverage is in effect for the 1610
60-day period during which the insurer is completing the 1611
underwriting of the policy whether or not the person's driver 1612
license, motor vehicle tag, and motor vehicle registration are 1613
in effect. Once the noncancelable provisions of the policy 1614
becomes become effective, the coverages for bodily injury, 1615
property damage, and personal injury protection may not be 1616
reduced below the minimum limits required under s. 324.021 or s. 1617
324.023 during the policy period. 1618
Section 33. Except as otherwise expressly provided in this 1619
act, this act shall take effect July 1, 2023. 1620