FL
Florida House Bill H1085

Florida 2023 Regular Session

Florida House Bill H1085 Compare Versions

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3-CS/CS/HB 1085, Engrossed 1 2023
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1010 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
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1414 A bill to be entitled 1
1515 An act relating to the Department of Highway Safety 2
1616 and Motor Vehicles; amending s. 207.004, F.S.; 3
1717 requiring the department or its authorized agent to 4
1818 issue certain licenses and fuel tax decals; providing 5
1919 legislative findings; amending s. 316.066, F.S.; 6
2020 requiring traffic law enforcement agencies to provide 7
2121 uniform crash reports to the department by electronic 8
2222 means using a nonproprietary, interchangeable 9
2323 electronic form and reporting method; defining the 10
2424 term "nonproprietary"; requiring such crash reports to 11
2525 be consistent with certain rules and procedures and to 12
2626 be numbered and inventoried; authorizing law 13
2727 enforcement agencies and their contracted service 14
2828 providers to have access to confidential crash reports 15
29-held by an agency; amending s. 316.081, F.S.; 16
30-prohibiting a driver from operating a motor vehicle in 17
31-the furthermost left -hand lane of certain roadways, 18
32-except under certain circumstances; defining the term 19
33-"furthermost left-hand lane"; providing applicability; 20
34-providing a penalty; amending s. 316.2935, F.S.; 21
35-providing an exception to requirements for 22
36-certification of air pollution control equipment by a 23
37-motor vehicle seller, lessor, or transferor; amending 24
38-s. 316.302, F.S.; revising the list of federal rules 25
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40-CS/CS/HB 1085, Engrossed 1 2023
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47-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
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51-and regulations to which owners and drivers of certain 26
52-commercial motor vehicles are subject; amending s. 27
53-319.14, F.S.; requiring a certificate of title for a 28
54-flood vehicle to specify the type of water t hat caused 29
55-damage to the vehicle; revising the definition of the 30
56-term "flood vehicle"; amending s. 319.23, F.S.; making 31
57-a technical change; amending s. 319.28, F.S.; 32
58-providing that a certain affidavit constitutes proof 33
59-of ownership and right of possession to a motor 34
60-vehicle or mobile home the previous owner of which 35
61-died testate; amending s. 319.29, F.S.; prohibiting 36
62-the department or a tax collector from charging a fee 37
63-for reissuance of certain certificates of title; 38
64-amending s. 319.30, F.S.; revising and providing 39
65-definitions; revising provisions relating to obtaining 40
66-a salvage certificate of title or certificate of 41
67-destruction; exempting the department from liability 42
68-to certain persons as a result of the issuance of such 43
69-certificate; providing requirement s for an independent 44
70-entity's release of a damaged or dismantled vessel to 45
71-the owner; authorizing the independent entity to apply 46
72-for certain certificates for an unclaimed vessel; 47
73-providing requirements for such application; 48
74-specifying provisions to which the independent entity 49
75-is subject; prohibiting the independent entity from 50
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77-CS/CS/HB 1085, Engrossed 1 2023
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84-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
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88-charging vessel storage fees; amending s. 320.06, 51
89-F.S.; authorizing permanent registration of certain 52
90-rental trucks; authorizing the department to deem a 53
91-license plate with reduced dimensions to be necessary 54
92-to accommodate trailers; amending s. 320.0605, F.S.; 55
93-authorizing a uniform paper or electronic format of 56
94-the registration certificate for a motor vehicle; 57
95-specifying that presenting an electronic registration 58
96-certificate to a law enforcement officer or agent does 59
97-not constitute consent for the officer or agent to 60
98-access certain information; making technical changes; 61
99-amending s. 320.08056, F.S.; deleting plate 62
100-registration requirements for out -of-state college or 63
101-university license plates; providing that a certain 64
102-discontinuation requirement for specialty license 65
103-plates does not apply to collegiate license plates; 66
104-amending s. 320.08058, F.S.; providing that collegiate 67
105-license plates are not subject to specified presale 68
106-requirements for specialty license plates; authorizing 69
107-the department to reauthorize previously discontinued 70
108-collegiate license plates under certain circumstances; 71
109-revising the distribution and use of fees collected 72
110-from the sale of the Protect Florida Springs license 73
111-plate; revising the words appearing on the American 74
112-Eagle license plate; amending s. 320.084, F.S.; 75
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121-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
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125-authorizing certain disabled veterans to be issued a 76
126-military license plate or specialty license plate in 77
127-lieu of a "DV" license plate; specifying applicabl e 78
128-fees; specifying nonapplicability of certain 79
129-provisions; amending s. 322.01, F.S.; revising and 80
130-providing definitions; amending s. 322.02, F.S.; 81
131-charging the department with enforcement and 82
132-administration of certain federal provisions; amending 83
133-s. 322.05, F.S.; prohibiting the department from 84
134-issuing a commercial motor vehicle operator license to 85
135-certain persons; amending s. 322.07, F.S.; revising 86
136-requirements for issuance of a temporary commercial 87
137-instruction permit; amending s. 322.141, F.S.; 88
138-requiring certain information on the driver license or 89
139-identification card of a sexual offender or sexual 90
140-predator to be printed in red; amending s. 322.142, 91
141-F.S.; authorizing the department to issue 92
142-reproductions of certain files and records to certain 93
143-criminal justice or driver licensing agencies for 94
144-certain purposes; amending s. 322.21, F.S.; 95
145-authorizing reinstatement of a commercial driver 96
146-license after a downgrade of the person's privilege to 97
147-operate a commercial motor vehicle under certain 98
148-circumstances; creati ng s. 322.591, F.S.; requiring 99
149-the department to obtain a driver's record from the 100
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158-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
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162-Commercial Driver's License Drug and Alcohol 101
163-Clearinghouse under certain circumstances; prohibiting 102
164-the department from issuing, renewing, transferring, 103
165-or revising the type s of authorized vehicles or the 104
166-endorsements of certain commercial driver licenses or 105
167-commercial instruction permits if the department 106
168-receives a certain notification; requiring the 107
169-department to downgrade a commercial driver license or 108
170-commercial instruction permit within a specified 109
171-timeframe if the department receives a certain 110
172-notification; requiring the department to notify 111
173-certain drivers of their prohibition from operating a 112
174-commercial motor vehicle and, upon request, afford 113
175-them an opportunity for a n informal hearing; providing 114
176-requirements for such notice and hearing; requiring 115
177-the department to enter a final order to downgrade a 116
178-commercial driver license or commercial instruction 117
179-permit under certain circumstances; specifying that a 118
180-request for a hearing tolls certain deadlines; 119
181-specifying that certain notifications received by the 120
182-department must be in the record for consideration and 121
183-are self-authenticating; specifying that the basis for 122
184-the notification and the information in the Commercial 123
185-Driver's License Drug and Alcohol Clearinghouse are 124
186-not subject to challenge; requiring the department to 125
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188-CS/CS/HB 1085, Engrossed 1 2023
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195-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
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199-dismiss the downgrade of a commercial driver license 126
200-or instruction permit under certain circumstances; 127
201-requiring the department to record in the driver's 128
202-record that he or she is disqualified from operating a 129
203-commercial motor vehicle under certain circumstances; 130
204-specifying that certain actions are not stayed during 131
205-the pendency of certain proceedings; requiring the 132
206-department to reinstate a commercial drive r license or 133
207-commercial instruction permit under certain 134
208-circumstances; exempting the department from liability 135
209-for certain commercial driver license or commercial 136
210-instruction permit downgrades; designating the 137
211-exclusive procedure for the downgrade of comm ercial 138
212-driver licenses or commercial instruction permits; 139
213-providing construction and applicability; authorizing 140
214-the department to issue at no cost a specified driver 141
215-license to certain persons prohibited from operating a 142
216-commercial motor vehicle; amending ss. 322.34 and 143
217-322.61, F.S.; conforming cross -references; amending s. 144
218-324.021, F.S.; defining the terms "control" and "motor 145
219-vehicle dealer's leasing or rental affiliate"; 146
220-amending ss. 324.0221, 324.131, 627.311, and 627.351, 147
221-F.S.; conforming provisions to changes made by the 148
222-act; amending s. 627.7275, F.S.; removing provisions 149
223-relating to noncancelable motor vehicle insurance; 150
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225-CS/CS/HB 1085, Engrossed 1 2023
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232-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
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236-providing effective dates. 151
237- 152
238-Be It Enacted by the Legislature of the State of Florida: 153
239- 154
240- Section 1. Paragraph (a) of subsecti on (1) of section 155
241-207.004, Florida Statutes, is amended to read: 156
242- 207.004 Registration of motor carriers; identifying 157
243-devices; fees; renewals; temporary fuel -use permits and 158
244-driveaway permits.— 159
245- (1)(a) A No motor carrier may not shall operate or cause 160
246-to be operated in this state any commercial motor vehicle, other 161
247-than a Florida-based commercial motor vehicle that travels 162
248-Florida intrastate mileage only, that uses diesel fuel or motor 163
249-fuel until such carrier has registered with the department or 164
250-has registered under a cooperative reciprocal agreement as 165
251-described in s. 207.0281, after such time as this state enters 166
252-into such agreement, and has been issued an identifying device 167
253-or such carrier has been issued a permit as authorized under 168
254-subsections (4) and (5) for each vehicle operated. The fee for 169
255-each such identifying device issued is There shall be a fee of 170
256-$4 per year or any fraction thereof for each such identifying 171
257-device issued. The identifying device must shall be provided by 172
258-the department and mus t be conspicuously displayed on the 173
259-commercial motor vehicle as prescribed by the department while 174
260-it is being operated on the public highways of this state. The 175
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262-CS/CS/HB 1085, Engrossed 1 2023
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273-transfer of an identifying device from one vehicle to another 176
274-vehicle or from one motor carrie r to another motor carrier is 177
275-prohibited. The department or its authorized agent shall issue 178
276-licenses and fuel tax decals. 179
277- Section 2. The Legislature finds that a proper and 180
278-legitimate purpose is served when crash reports required under 181
279-s. 316.066, Florida Statutes, are filed electronically with the 182
280-Department of Highway Safety and Motor Vehicles by all entities 183
281-required to submit crash reports. Electronic filing will 184
282-expedite the availability of crash reports to the persons 185
283-authorized to receive them, simplify the process of making crash 186
284-reports available, and expedite the availability of information 187
285-derived from crash reports to improve highway safety. The 188
286-requirement of this act that all law enforcement agencies that 189
287-prepare crash reports submit the c ompleted crash reports 190
288-electronically to the Department of Highway Safety and Motor 191
289-Vehicles applies to all similarly situated persons, including 192
290-school district law enforcement agencies, state university law 193
291-enforcement agencies, and state law enforcement agencies. 194
292-Therefore, the Legislature determines and declares that the 195
293-amendments made by this act to s. 316.066, Florida Statutes, 196
294-fulfill an important state interest. 197
295- Section 3. Effective July 1, 2025, paragraph (a) of 198
296-subsection (1) and paragraph (b ) of subsection (2) of section 199
297-316.066, Florida Statutes, are amended to read: 200
298-
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306-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
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310- 316.066 Written reports of crashes ; electronic 201
311-submission.— 202
312- (1)(a) All traffic law enforcement agencies must provide 203
313-uniform crash reports by electronic means to the departm ent 204
314-using a nonproprietary, interchangeable electronic form and 205
315-reporting method. For purposes of this section, the term 206
316-"nonproprietary" means commonly used and commercially available 207
317-report formats and reporting methods. Such crash reports must be 208
318-consistent with the state traffic crash manual rules and the 209
319-procedures established by the department and must be 210
320-appropriately numbered and inventoried. A Florida Traffic Crash 211
321-Report, Long Form must be completed and electronically submitted 212
322-to the department within 10 days after an investigation is 213
323-completed by the law enforcement officer who in the regular 214
324-course of duty investigates a motor vehicle crash that: 215
325- 1. Resulted in death of, personal injury to, or any 216
326-indication of complaints of pain or discomfort by any of the 217
327-parties or passengers involved in the crash; 218
328- 2. Involved a violation of s. 316.061(1) or s. 316.193; 219
329- 3. Rendered a vehicle inoperable to a degree that required 220
330-a wrecker to remove it from the scene of the crash; or 221
331- 4. Involved a commer cial motor vehicle. 222
332- (2) 223
333- (b) Crash reports held by an agency under paragraph (a) 224
334-may be made immediately available to the parties involved in the 225
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343-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
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347-crash, their legal representatives, their licensed insurance 226
348-agents, their insurers or insurers to which they have applied 227
349-for coverage, persons under contract with such insurers to 228
350-provide claims or underwriting information, law enforcement 229
351-agencies and their contracted service providers, victim services 230
352-programs, and any federal, state, or local governmental agency 231
353-or any private perso n or entity acting on behalf of a federal, 232
354-state, or local governmental agency in carrying out its 233
355-functions, but not for redistribution to any person or entity 234
356-not listed in this subsection. Crash reports held by an agency 235
357-under paragraph (a) which do not contain the home or employment 236
358-street addresses, driver license or identification card numbers, 237
359-dates of birth, and home and employment telephone numbers of the 238
360-parties involved in the crash shall be made immediately 239
361-available to radio and television stat ions licensed by the 240
362-Federal Communications Commission and newspapers qualified to 241
363-publish legal notices under ss. 50.011 and 50.031. A crash 242
364-report may also be made available to any third party acting on 243
365-behalf of a person or entity authorized under this section to 244
366-access the crash report, except that the third party may 245
367-disclose the crash report only to the person or entity 246
368-authorized to access the crash report under this section on 247
369-whose behalf the third party has sought the report. This section 248
370-shall not prevent an agency, pursuant to a memorandum of 249
371-understanding, from providing data derived from crash reports to 250
372-
373-CS/CS/HB 1085, Engrossed 1 2023
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380-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
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384-a third party solely for the purpose of identifying vehicles 251
385-involved in crashes if such data does not reveal the identity, 252
386-home or employment telephone number or home or employment 253
387-address, or other personal information of the parties involved 254
388-in the crash. 255
389- Section 4. Effective January 1, 2024, subsections (4) and 256
390-(5) of section 316.081, Florida Statutes, are renumbered as 257
391-subsections (5) and (6), respectively, a new subsection (4) is 258
392-added to that section, and present subsection (5) of that 259
393-section is republished, to read: 260
394- 316.081 Driving on right side of roadway; exceptions. — 261
395- (4) On a road, street, or highway having two or more lanes 262
396-allowing movement in the same direction with a posted speed 263
397-limit of at least 65 miles per hour, a driver may not operate a 264
398-motor vehicle in the furthermost left -hand lane, except when 265
399-overtaking and passing another vehicle, when preparing to exit 266
400-the road, street, or highway, or when otherwise directed by an 267
401-official traffic control device. As used in this subsection, the 268
402-term "furthermost left -hand lane" means the farthest most left -269
403-hand lane, except that, if such left -hand lane is a high-270
404-occupancy-vehicle lane as defined in s. 316.0741 or is a 271
405-designated left-hand turn lane, the furthermost left -hand lane 272
406-is the lane immediately to the right of such high -occupancy-273
407-vehicle lane or left -hand turn lane. This subsection does not 274
408-apply to authorized emergency v ehicles and vehicles engaged in 275
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417-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
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421-highway maintenance or construction operations. 276
422- (6)(5) A violation of this section is a noncriminal 277
423-traffic infraction, punishable as a moving violation as provided 278
424-in chapter 318. 279
425- Section 5. Paragraph (b) of subsectio n (1) of section 280
426-316.2935, Florida Statutes, is amended to read: 281
427- 316.2935 Air pollution control equipment; tampering 282
428-prohibited; penalty. — 283
429- (1) 284
430- (b) At the time of sale, lease, or transfer of title of a 285
431-motor vehicle, the seller, lessor, or transferor s hall certify 286
432-in writing to the purchaser, lessee, or transferee that the air 287
433-pollution control equipment of the motor vehicle has not been 288
434-tampered with by the seller, lessor, or transferor or their 289
435-agents, employees, or other representatives. A licensed m otor 290
436-vehicle dealer shall also visually observe those air pollution 291
437-control devices listed by department rule pursuant to subsection 292
438-(7), and certify that they are in place, and appear properly 293
439-connected and undamaged. Such certification shall not be deeme d 294
440-or construed as a warranty that the pollution control devices of 295
441-the subject vehicle are in functional condition, nor does the 296
442-execution or delivery of this certification create by itself 297
443-grounds for a cause of action between the parties to this 298
444-transaction. This paragraph does not apply when the purchaser of 299
445-the motor vehicle is a lessee purchasing the leased motor 300
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454-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
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458-vehicle and the licensed motor vehicle dealer is not in 301
459-possession of the motor vehicle at the time of sale. 302
460- Section 6. Paragraphs (a), ( b), and (e) of subsection (1), 303
461-paragraph (d) of subsection (2), and subsection (9) of section 304
462-316.302, Florida Statutes, are amended to read: 305
463- 316.302 Commercial motor vehicles; safety regulations; 306
464-transporters and shippers of hazardous materials; enforce ment.— 307
465- (1)(a) All owners and drivers of commercial motor vehicles 308
466-that are operated on the public highways of this state while 309
467-engaged in interstate commerce are subject to the rules and 310
468-regulations contained in 49 C.F.R. parts 382, 383, 384, 385, 311
469-386, and 390-397. 312
470- (b) Except as otherwise provided in this section, all 313
471-owners and drivers of commercial motor vehicles that are engaged 314
472-in intrastate commerce are subject to the rules and regulations 315
473-contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390-316
474-397, as such rules and regulations existed on December 31, 2022 317
475-2020. 318
476- (e) A person who operates a commercial motor vehicle 319
477-solely in intrastate commerce which does not transport hazardous 320
478-materials in amounts that require placarding pursuant to 49 321
479-C.F.R. part 172 need not comply with the requirements of 322
480-electronic logging devices and hours of service supporting 323
481-documents as provided in 49 C.F.R. parts 385, 386, 390, and 395 324
482-until December 31, 2019. 325
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491-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
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495- (2) 326
496- (d) A person who operates a commercial motor ve hicle 327
497-solely in intrastate commerce not transporting any hazardous 328
498-material in amounts that require placarding pursuant to 49 329
499-C.F.R. part 172 within a 150 air -mile radius of the location 330
500-where the vehicle is based need not comply with 49 C.F.R. ss. 331
501-395.8 and 395.11 s. 395.8 if the requirements of 49 C.F.R. s. 332
502-395.1(e)(1) (iii) and (iv) s. 395.1(e)(1)(ii), (iii)(A) and (C), 333
503-and (v) are met. 334
504- (9) For the purpose of enforcing this section, any law 335
505-enforcement officer of the Department of Highway Safety and 336
506-Motor Vehicles or duly appointed agent who holds a current 337
507-safety inspector certification from the Commercial Vehicle 338
508-Safety Alliance may re quire the driver of any commercial vehicle 339
509-operated on the highways of this state to stop and submit to an 340
510-inspection of the vehicle or the driver's records. If the 341
511-vehicle or driver is found to be operating in an unsafe 342
512-condition, or if any required part or equipment is not present 343
513-or is not in proper repair or adjustment, and the continued 344
514-operation would present an unduly hazardous operating condition, 345
515-the officer or agent may require the vehicle or the driver to be 346
516-removed from service pursuant to the N orth American Standard 347
517-Out-of-Service Criteria, until corrected. However, if continuous 348
518-operation would not present an unduly hazardous operating 349
519-condition, the officer or agent may give written notice 350
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528-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
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532-requiring correction of the condition within 15 days. 351
533- (a) Any member of the Florida Highway Patrol or any law 352
534-enforcement officer employed by a sheriff's office or municipal 353
535-police department authorized to enforce the traffic laws of this 354
536-state pursuant to s. 316.640 who has reason to believe that a 355
537-vehicle or driver is operating in an unsafe condition may, as 356
538-provided in subsection (11), enforce the provisions of this 357
539-section. 358
540- (b) Any person who fails to comply with a an officer's 359
541-request to submit to an inspection under this subsection commits 360
542-a violation of s. 843.02 if the person resists the officer 361
543-without violence or a violation of s. 843.01 if the person 362
544-resists the officer with violence. 363
545- Section 7. Paragraphs (b) and (c) of subsection (1) of 364
546-section 319.14, Florida Statutes, are amended to read: 365
547- 319.14 Sale of motor vehicles registered or used as 366
548-taxicabs, police vehicles, lease vehicles, rebuilt vehicles, 367
549-nonconforming vehicles, custom vehicles, or street rod vehicles; 368
550-conversion of low-speed vehicles.— 369
551- (1) 370
552- (b) A person may not knowingly of fer for sale, sell, or 371
553-exchange a rebuilt vehicle until the department has stamped in a 372
554-conspicuous place on the certificate of title for the vehicle 373
555-words stating that the vehicle has been rebuilt or assembled 374
556-from parts, or is a kit car, glider kit, repl ica, flood vehicle, 375
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565-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
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569-custom vehicle, or street rod vehicle unless proper application 376
570-for a certificate of title for a vehicle that is rebuilt or 377
571-assembled from parts, or is a kit car, glider kit, replica, 378
572-flood vehicle, custom vehicle, or street rod vehicle has been 379
573-made to the department in accordance with this chapter and the 380
574-department has conducted the physical examination of the vehicle 381
575-to assure the identity of the vehicle and all major component 382
576-parts, as defined in s. 319.30(1), which have been repai red or 383
577-replaced. If a vehicle is identified as a flood vehicle, the 384
578-words stamped on the certificate of title must identify the type 385
579-of water that caused damage to the vehicle as "salt water," 386
580-"fresh water," or "other or unknown water type," as applicable. 387
581-Thereafter, the department shall affix a decal to the vehicle, 388
582-in the manner prescribed by the department, showing the vehicle 389
583-to be rebuilt. 390
584- (c) As used in this section, the term: 391
585- 9.1. "Police vehicle" means a motor vehicle owned or 392
586-leased by the state or a county or municipality and used in law 393
587-enforcement. 394
588- 13.2.a. "Short-term-lease vehicle" means a motor vehicle 395
589-leased without a driver and under a written agreement to one or 396
590-more persons from time to time for a period of less than 12 397
591-months. 398
592- 7.b. "Long-term-lease vehicle" means a motor vehicle 399
593-leased without a driver and under a written agreement to one 400
594-
595-CS/CS/HB 1085, Engrossed 1 2023
596-
597-
598-
599-CODING: Words stricken are deletions; words underlined are additions.
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602-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
603-
604-
605-
606-person for a period of 12 months or longer. 401
607- 6.c. "Lease vehicle" includes both short -term-lease 402
608-vehicles and long-term-lease vehicles. 403
609- 10.3. "Rebuilt vehicle" means a motor vehicle or mobile 404
610-home built from salvage or junk, as defined in s. 319.30(1). 405
611- 1.4. "Assembled from parts" means a motor vehicle or 406
612-mobile home assembled from parts or combined from parts of motor 407
613-vehicles or mobile homes, new or used. The term "assembled from 408
614-parts" does not include mean a motor vehicle defined as a 409
615-"rebuilt vehicle as defined" in subparagraph 10. 3., which has 410
616-been declared a total loss pursuant to s. 319.30. 411
617- 5. "Kit car" means a motor vehicle assembled with a kit 412
618-supplied by a manufacturer to rebuild a wrecked or outdated 413
619-motor vehicle with a new body kit. 414
620- 4.6. "Glider kit" means a vehicle assembled with a kit 415
621-supplied by a manufacturer to rebuild a wrecked or outdated 416
622-truck or truck tractor. 417
623- 11.7. "Replica" means a complete new motor vehicle 418
624-manufactured to look like an old vehicle. 419
625- 3.8. "Flood vehicle" means a motor vehicle or mobile home 420
626-that has been declared to be a total loss pursuant to s. 421
627-319.30(3)(a) resulting from damage caused by salt water, fresh 422
628-water, or other or unknown type of water. 423
629- 8.9. "Nonconforming vehicle" means a motor vehicle that 424
630-which has been purchased by a manufacturer pursuant to a 425
631-
632-CS/CS/HB 1085, Engrossed 1 2023
633-
634-
635-
636-CODING: Words stricken are deletions; words underlined are additions.
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639-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
640-
641-
642-
643-settlement, determination, or decision under chapter 681. 426
644- 12.10. "Settlement" means an agreement entered into 427
645-between a manufacturer and a consumer which that occurs after a 428
646-dispute is submitted to a pr ogram, or to an informal dispute 429
647-settlement procedure established by a manufacturer, or is 430
648-approved for arbitration before the Florida New Motor Vehicle 431
649-Arbitration Board as defined in s. 681.102. 432
650- 2.11. "Custom vehicle" means a motor vehicle that: 433
651- a. Is 25 years of age or older and of a model year after 434
652-1948 or was manufactured to resemble a vehicle that is 25 years 435
653-of age or older and of a model year after 1948; and 436
654- b. Has been altered from the manufacturer's original 437
655-design or has a body constructed from nonoriginal materials. 438
656- 439
657-The model year and year of manufacture that the body of a custom 440
658-vehicle resembles is the model year and year of manufacture 441
659-listed on the certificate of title, regardless of when the 442
660-vehicle was actually manufactured. 443
661- 14.12. "Street rod" means a motor vehicle that: 444
662- a. Is of a model year of 1948 or older or was manufactured 445
663-after 1948 to resemble a vehicle of a model year of 1948 or 446
664-older; and 447
665- b. Has been altered from the manufacturer's original 448
666-design or has a body const ructed from nonoriginal materials. 449
667- 450
668-
669-CS/CS/HB 1085, Engrossed 1 2023
670-
671-
672-
673-CODING: Words stricken are deletions; words underlined are additions.
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676-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
677-
678-
679-
680-The model year and year of manufacture that the body of a street 451
681-rod resembles is the model year and year of manufacture listed 452
682-on the certificate of title, regardless of when the vehicle was 453
683-actually manufactured. 454
684- Section 8. Subsection (3) of section 319.23, Florida 455
685-Statutes, is amended to read: 456
686- 319.23 Application for, and issuance of, certificate of 457
687-title.— 458
688- (3) If a certificate of title has not previously been 459
689-issued for a motor vehicle or mobile home in this state, the 460
690-application, unless otherwise provided for in this chapter, 461
691-shall be accompanied by a proper bill of sale or sworn statement 462
692-of ownership, or a duly certified copy thereof, or by a 463
693-certificate of title, bill of sale, or other evidence of 464
694-ownership required by the law of the state or country county 465
695-from which the motor vehicle or mobile home was brought into 466
696-this state. The application shall also be accompanied by: 467
697- (a)1. A sworn affidavit from the seller and purchaser 468
698-verifying that the vehicle identification number shown on the 469
699-affidavit is identical to the vehicle identification number 470
700-shown on the motor vehicle; or 471
701- 2. An appropriate departmental form evidencing that a 472
702-physical examination has been made of the motor vehicle by the 473
703-owner and by a duly constituted law enforcement officer in any 474
704-state, a licensed motor vehicle dealer, a license inspector as 475
705-
706-CS/CS/HB 1085, Engrossed 1 2023
707-
708-
709-
710-CODING: Words stricken are deletions; words underlined are additions.
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713-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
714-
715-
716-
717-provided by s. 320.58, or a notary public commissioned by this 476
718-state and that the vehicle identification number shown on such 477
719-form is identical to the vehicle identification number shown on 478
720-the motor vehicle; and 479
721- (b) If the vehicle is a used car original, a sworn 480
722-affidavit from the owner verifying that the odometer reading 481
723-shown on the affidavit is identical to the odometer reading 482
724-shown on the motor vehicle in accordance with the requirements 483
725-of 49 C.F.R. s. 580.5 at the time that application for title is 484
726-made. For the purposes of this section, the term "used car 485
727-original" means a used vehicle coming into and being titled in 486
728-this state for the first time. 487
729- (c) If the vehicle is an ancient or antique vehicle, as 488
730-defined in s. 320.086, the application shall be accompanied by a 489
731-certificate of title; a bill of sale and a registration; or a 490
732-bill of sale and an affidavit by the owner defending the title 491
733-from all claims. The bill of sale must contain a complete 492
734-vehicle description to include the vehicle identification or 493
735-engine number, year make, color, selling price, and signatures 494
736-of the seller and purchaser. 495
737- 496
738-Verification of the vehicle identifica tion number is not 497
739-required for any new motor vehicle; any mobile home; any trailer 498
740-or semitrailer with a net weight of less than 2,000 pounds; or 499
741-any travel trailer, camping trailer, truck camper, or fifth -500
742-
743-CS/CS/HB 1085, Engrossed 1 2023
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745-
746-
747-CODING: Words stricken are deletions; words underlined are additions.
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750-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
751-
752-
753-
754-wheel recreation trailer. 501
755- Section 9. Paragrap hs (c) and (d) of subsection (1) of 502
756-section 319.28, Florida Statutes, are redesignated as paragraphs 503
757-(d) and (e), respectively, and a new paragraph (c) is added to 504
758-that subsection to read: 505
759- 319.28 Transfer of ownership by operation of law. — 506
760- (1) 507
761- (c) If the previous owner died testate and the application 508
762-for a certificate of title is made by, and accompanied by an 509
763-affidavit attested by, a Florida -licensed attorney in good 510
764-standing with The Florida Bar who is representing the previous 511
765-owner's estate, such affidavit shall, for purposes of paragraph 512
766-(a), constitute satisfactory proof of ownership and right of 513
767-possession to the motor vehicle or mobile home, so long as the 514
768-affidavit sets forth the rightful heir or heirs and the attorney 515
769-attests in the affidavit that such heir or heirs are lawfully 516
770-entitled to the rights of ownership and possession of the motor 517
771-vehicle or mobile home. It shall not be necessary for the 518
772-application for certificate of title filed under this paragraph 519
773-to be accompanied by a copy of t he will or other testamentary 520
774-instrument. 521
775- Section 10. Subsection (3) of section 319.29, Florida 522
776-Statutes, is amended to read: 523
777- 319.29 Lost or destroyed certificates. — 524
778- (3) If, following the issuance of an original, duplicate, 525
779-
780-CS/CS/HB 1085, Engrossed 1 2023
781-
782-
783-
784-CODING: Words stricken are deletions; words underlined are additions.
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787-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
788-
789-
790-
791-or corrected certificate of title by the department, the 526
792-certificate is lost in transit and is not delivered to the 527
793-addressee, the owner of the motor vehicle or mobile home, or the 528
794-holder of a lien thereon, may, within 180 days after of the date 529
795-of issuance of the title, apply to the department for reissuance 530
796-of the certificate of title. An No additional fee shall not be 531
797-charged by the department or a tax collector, as agent for the 532
798-department, for reissuance under this subsection. 533
799- Section 11. Paragraphs (g) and (j) of subsect ion (1), 534
800-paragraph (b) of subsection (3), and subsection (9) of section 535
801-319.30, Florida Statutes, are amended, and paragraph (y) is 536
802-added to subsection (1) of that section, to read: 537
803- 319.30 Definitions; dismantling, destruction, change of 538
804-identity of motor vehicle or mobile home; salvage. — 539
805- (1) As used in this section, the term: 540
806- (g) "Independent entity" means a business or entity that 541
807-may temporarily store damaged or dismantled motor vehicles or 542
808-vessels pursuant to an agreement with an insurance company and 543
809-is engaged in the sale or resale of damaged or dismantled motor 544
810-vehicles or vessels. The term does not include a wrecker 545
811-operator, a towing company, or a repair facility. 546
812- (j) "Major component parts" means: 547
813- 1. For motor vehicles other than motorcyc les and electric, 548
814-hybrid, or plug-in hybrid motor vehicles , any fender, hood, 549
815-bumper, cowl assembly, rear quarter panel, trunk lid, door, 550
816-
817-CS/CS/HB 1085, Engrossed 1 2023
818-
819-
820-
821-CODING: Words stricken are deletions; words underlined are additions.
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824-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
825-
826-
827-
828-decklid, floor pan, engine, frame, transmission, catalytic 551
829-converter, or airbag. 552
830- 2. For trucks other than electric, hybrid, or plug-in 553
831-hybrid motor vehicles , in addition to those parts listed in 554
832-subparagraph 1., any truck bed, including dump, wrecker, crane, 555
833-mixer, cargo box, or any bed which mounts to a truck frame. 556
834- 3. For motorcycles, the body assembly, frame, fende rs, gas 557
835-tanks, engine, cylinder block, heads, engine case, crank case, 558
836-transmission, drive train, front fork assembly, and wheels. 559
837- 4. For mobile homes, the frame. 560
838- 5. For electric, hybrid, or plug -in hybrid motor vehicles, 561
839-any fender, hood, bumper, cowl assembly, rear quarter panel, 562
840-trunk lid, door, decklid, floor pan, engine, electric traction 563
841-motor, frame, transmission or electronic transmission, charge 564
842-port, DC power converter, onboard charger, power electronics 565
843-controller, thermal system, traction ba ttery pack, catalytic 566
844-converter, or airbag. 567
845- (y) "Vessel" has the same meaning as provided in s. 568
846-713.78(1)(b). 569
847- (3) 570
848- (b) The owner, including persons who are self -insured, of 571
849-a motor vehicle or mobile home that is considered to be salvage 572
850-shall, within 72 hours after the motor vehicle or mobile home 573
851-becomes salvage, forward the title to the motor vehicle or 574
852-mobile home to the department for processing. However, an 575
853-
854-CS/CS/HB 1085, Engrossed 1 2023
855-
856-
857-
858-CODING: Words stricken are deletions; words underlined are additions.
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861-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
862-
863-
864-
865-insurance company that pays money as compensation for the total 576
866-loss of a motor vehicle or m obile home shall obtain the 577
867-certificate of title for the motor vehicle or mobile home, make 578
868-the required notification to the National Motor Vehicle Title 579
869-Information System, and, within 72 hours after receiving such 580
870-certificate of title, forward such title by the United States 581
871-Postal Service, by another commercial delivery service, or by 582
872-electronic means, when such means are made available by the 583
873-department, to the department for processing. The owner or 584
874-insurance company, as applicable, may not dispose of a vehicle 585
875-or mobile home that is a total loss before it obtains a salvage 586
876-certificate of title or certificate of destruction from the 587
877-department. Effective January 1, 2020: 588
878- 1. Thirty days after payment of a claim for compensation 589
879-pursuant to this paragra ph, the insurance company may receive a 590
880-salvage certificate of title or certificate of destruction from 591
881-the department if the insurance company is unable to obtain a 592
882-properly assigned paper or electronic certificate of title from 593
883-the owner or lienholder of the motor vehicle or mobile home , if 594
884-the motor vehicle or mobile home does not carry an electronic 595
885-lien on the title and the insurance company: 596
886- a. Has obtained the release of all liens on the motor 597
887-vehicle or mobile home , or has paid the amount due to t he 598
888-lienholder and has obtained proof that the lienholder accepts 599
889-payment as satisfying the amount due to the lienholder ; 600
890-
891-CS/CS/HB 1085, Engrossed 1 2023
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893-
894-
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898-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
899-
900-
901-
902- b. Has attested on a form provided by the department that 601
903-payment of the total loss claim has been distributed; and 602
904- c. Has attested on a form provided by the department and 603
905-signed by the insurance company or its authorized agent stating 604
906-the attempts that have been made to obtain the title from the 605
907-owner or lienholder and further stating that all attempts are to 606
908-no avail. The form must include a request that the salvage 607
909-certificate of title or certificate of destruction be issued in 608
910-the insurance company's name due to payment of a total loss 609
911-claim to the owner or lienholder. The attempts to contact the 610
912-owner or lienholder may be by written request delivered in 611
913-person or by first-class mail with a certificate of mailing to 612
914-the owner's last known address or lienholder's last known 613
915-address, respectively. 614
916- 2. If the owner or lienholder is notified of the request 615
917-for title in person, the ins urance company must provide an 616
918-affidavit attesting to the in -person request for a certificate 617
919-of title. 618
920- 3. The request to the owner or lienholder for the 619
921-certificate of title must include a complete description of the 620
922-motor vehicle or mobile home and the statement that a total loss 621
923-claim has been paid on the motor vehicle or mobile home. 622
924- 623
925-The department is not liable and may not be held liable to an 624
926-owner, lienholder, or any other person as a result of the 625
927-
928-CS/CS/HB 1085, Engrossed 1 2023
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930-
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932-CODING: Words stricken are deletions; words underlined are additions.
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935-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
936-
937-
938-
939-issuance of a salvage title or a certificate of d estruction 626
940-pursuant to this paragraph. 627
941- (9)(a) An insurance company may notify an independent 628
942-entity that obtains possession of a damaged or dismantled motor 629
943-vehicle or vessel to release the vehicle or vessel to the owner. 630
944-The insurance company shall prov ide the independent entity a 631
945-release statement on a form prescribed by the department 632
946-authorizing the independent entity to release the vehicle or 633
947-vessel to the owner or lienholder. The form must, at a minimum, 634
948-contain the following: 635
949- 1. The policy and cl aim number. 636
950- 2. The name and address of the insured. 637
951- 3. The vehicle identification number or vessel hull 638
952-identification number . 639
953- 4. The signature of an authorized representative of the 640
954-insurance company. 641
955- (b) The independent entity in possession of a motor 642
956-vehicle or vessel must send a notice to the owner that the 643
957-vehicle or vessel is available for pickup when it receives a 644
958-release statement from the insurance company. The notice shall 645
959-be sent by certified mail or by another commercially available 646
960-delivery service that provides proof of delivery to the owner at 647
961-the owner's address contained in the department's records. The 648
962-notice must state that the owner has 30 days after delivery of 649
963-the notice to the owne r at the owner's address to pick up the 650
964-
965-CS/CS/HB 1085, Engrossed 1 2023
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972-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
973-
974-
975-
976-vehicle or vessel from the independent entity. If the motor 651
977-vehicle or vessel is not claimed within 30 days after the 652
978-delivery or attempted delivery of the notice, the independent 653
979-entity may apply for a certificate o f destruction, a salvage 654
980-certificate of title, or a certificate of title. For a hull-655
981-damaged vessel, the independent entity shall comply with s. 656
982-328.045 as applicable. 657
983- (c) If the department's records do not contain the owner's 658
984-address, the independent en tity must do all of the following: 659
985- 1. Send a notice that meets the requirements of paragraph 660
986-(b) to the owner's address that is provided by the insurance 661
987-company in the release statement. 662
988- 2. For a vehicle, identify the latest titling jurisdiction 663
989-of the vehicle through use of the National Motor Vehicle Title 664
990-Information System or an equivalent commercially available 665
991-system and attempt to obtain the owner's address from that 666
992-jurisdiction. If the jurisdiction returns an address that is 667
993-different from the owner's address provided by the insurance 668
994-company, the independent entity must send a notice that meets 669
995-the requirements of paragraph (b) to both addresses. 670
996- (d) The independent entity shall maintain for at least a 671
997-minimum of 3 years the records related t o the 30-day notice sent 672
998-to the owner. For vehicles, the independent entity shall also 673
999-maintain for at least 3 years the results of searches of the 674
1000-National Motor Vehicle Title Information System or an equivalent 675
1001-
1002-CS/CS/HB 1085, Engrossed 1 2023
1003-
1004-
1005-
1006-CODING: Words stricken are deletions; words underlined are additions.
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1009-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
1010-
1011-
1012-
1013-commercially available system , and the notification to the 676
1014-National Motor Vehicle Title Information System made pursuant to 677
1015-paragraph (e). 678
1016- (e) The independent entity shall make the required 679
1017-notification to the National Motor Vehicle Title Information 680
1018-System before releasing any damag ed or dismantled motor vehicle 681
1019-to the owner or before applying for a certificate of destruction 682
1020-or salvage certificate of title. The independent entity is not 683
1021-required to notify the National Motor Vehicle Title Information 684
1022-System before releasing any damag ed or dismantled vessel to the 685
1023-owner or before applying for a certificate of title. 686
1024- (f) Upon applying for a certificate of destruction , or 687
1025-salvage certificate of title, or certificate of title, the 688
1026-independent entity shall provide a copy of the release s tatement 689
1027-from the insurance company to the independent entity, proof of 690
1028-providing the 30-day notice to the owner, proof of notification 691
1029-to the National Motor Vehicle Title Information System if 692
1030-required, proof of all lien satisfactions or proof of a releas e 693
1031-of all liens on the motor vehicle or vessel, and applicable 694
1032-fees. If the independent entity is unable to obtain a lien 695
1033-satisfaction or a release of all liens on the motor vehicle or 696
1034-vessel, the independent entity must provide an affidavit stating 697
1035-that notice was sent to all lienholders that the motor vehicle 698
1036-or vessel is available for pickup, 30 days have passed since the 699
1037-notice was delivered or attempted to be delivered pursuant to 700
1038-
1039-CS/CS/HB 1085, Engrossed 1 2023
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1041-
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1046-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
1047-
1048-
1049-
1050-this section, attempts have been made to obtain a release from 701
1051-all lienholders, and all such attempts have been to no avail. 702
1052-The notice to lienholders and attempts to obtain a release from 703
1053-lienholders may be by written request delivered in person or by 704
1054-certified mail or another commercially available delivery 705
1055-service that provides proof of delivery to the lienholder at the 706
1056-lienholder's address as provided on the certificate of title and 707
1057-to the address designated with the Department of State pursuant 708
1058-to s. 655.0201(2) if such address is different. 709
1059- (g) The independent entity may not charge an owner of the 710
1060-vehicle or vessel storage fees or apply for a title under s. 711
1061-713.585 or s. 713.78. 712
1062- Section 12. Paragraph (b) of subsection (1) and paragraph 713
1063-(a) of subsection (3) of section 320.06, Florida Statutes, are 714
1064-amended to read: 715
1065- 320.06 Registration certificates, license plates, and 716
1066-validation stickers generally. — 717
1067- (1) 718
1068- (b)1. Registration license plates bearing a graphic symbol 719
1069-and the alphanumeric system of identification shall be issued 720
1070-for a 10-year period. At the end of the 10 -year period, upon 721
1071-renewal, the plate shall be replaced. The department shall 722
1072-extend the scheduled license plate replacement date from a 6 -723
1073-year period to a 10-year period. The fee for such replacement is 724
1074-$28, $2.80 of which shall be paid each year before th e plate is 725
1075-
1076-CS/CS/HB 1085, Engrossed 1 2023
1077-
1078-
1079-
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1083-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
1084-
1085-
1086-
1087-replaced, to be credited toward the next $28 replacement fee. 726
1088-The fees shall be deposited into the Highway Safety Operating 727
1089-Trust Fund. A credit or refund may not be given for any prior 728
1090-years' payments of the prorated replacement fee if the plat e is 729
1091-replaced or surrendered before the end of the 10 -year period, 730
1092-except that a credit may be given if a registrant is required by 731
1093-the department to replace a license plate under s. 732
1094-320.08056(8)(a). With each license plate, a validation sticker 733
1095-shall be issued showing the owner's birth month, license plate 734
1096-number, and the year of expiration or the appropriate renewal 735
1097-period if the owner is not a natural person. The validation 736
1098-sticker shall be placed on the upper right corner of the license 737
1099-plate. The license plate and validation sticker shall be issued 738
1100-based on the applicant's appropriate renewal period. The 739
1101-registration period is 12 months, the extended registration 740
1102-period is 24 months, and all expirations occur based on the 741
1103-applicant's appropriate registr ation period. Rental vehicles 742
1104-taxed pursuant to s. 320.08(6)(a) and rental trucks taxed 743
1105-pursuant to s. 320.08(3)(a), (b), and (c) and (4)(a) -(d) may 744
1106-elect a permanent registration period, provided payment of the 745
1107-appropriate license taxes and fees occurs an nually. 746
1108- 2. A vehicle that has an apportioned registration shall be 747
1109-issued an annual license plate and a cab card that denote the 748
1110-declared gross vehicle weight for each apportioned jurisdiction 749
1111-in which the vehicle is authorized to operate. This subparagr aph 750
1112-
1113-CS/CS/HB 1085, Engrossed 1 2023
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1120-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
1121-
1122-
1123-
1124-expires June 30, 2024. 751
1125- 3. Beginning July 1, 2024, a vehicle registered in 752
1126-accordance with the International Registration Plan must be 753
1127-issued a license plate for a 3 -year period. At the end of the 3 -754
1128-year period, upon renewal, the license plate must be replaced. 755
1129-Each license plate must include a validation sticker showing the 756
1130-month of expiration. A cab card denoting the declared gross 757
1131-vehicle weight for each apportioned jurisdiction must be issued 758
1132-annually. The fee for an original or a renewal cab card is $28, 759
1133-which must be deposited into the Highway Safety Operating Trust 760
1134-Fund. If the license plate is damaged or worn, it may be 761
1135-replaced at no charge by applying to the department and 762
1136-surrendering the current license plate. 763
1137- 4. In order to retain the eff icient administration of the 764
1138-taxes and fees imposed by this chapter, the 80 -cent fee increase 765
1139-in the replacement fee imposed by chapter 2009 -71, Laws of 766
1140-Florida, is negated as provided in s. 320.0804. 767
1141- (3)(a) Registration license plates must be made of me tal 768
1142-specially treated with a retroreflection material, as specified 769
1143-by the department. The registration license plate is designed to 770
1144-increase nighttime visibility and legibility and must be at 771
1145-least 6 inches wide and not less than 12 inches in length, 772
1146-unless a plate with reduced dimensions is deemed necessary by 773
1147-the department to accommodate motorcycles, mopeds, or similar 774
1148-smaller vehicles, or trailers. Validation stickers must also be 775
1149-
1150-CS/CS/HB 1085, Engrossed 1 2023
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1157-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
1158-
1159-
1160-
1161-treated with a retroreflection material, must be of such size as 776
1162-specified by the department, and must adhere to the license 777
1163-plate. The registration license plate must be imprinted with a 778
1164-combination of bold letters and numerals or numerals, not to 779
1165-exceed seven digits, to identify the registration license plate 780
1166-number. The license plate must be imprinted with the word 781
1167-"Florida" at the top and the name of the county in which it is 782
1168-sold, the state motto, or the words "Sunshine State" at the 783
1169-bottom. Apportioned license plates must have the word 784
1170-"Apportioned" at the bottom, and lic ense plates issued for 785
1171-vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or 786
1172-(c), or (14) must have the word "Restricted" at the bottom. 787
1173-License plates issued for vehicles taxed under s. 320.08(12) 788
1174-must be imprinted with the word "Florida" at the top and the 789
1175-word "Dealer" at the bottom unless the license plate is a 790
1176-specialty license plate as authorized in s. 320.08056. 791
1177-Manufacturer license plates issued for vehicles taxed under s. 792
1178-320.08(12) must be imprinted with the word "Florida" at the top 793
1179-and the word "Manufacturer" at the bottom. License plates issued 794
1180-for vehicles taxed under s. 320.08(5)(d) or (e) must be 795
1181-imprinted with the word "Wrecker" at the bottom. Any county may, 796
1182-upon majority vote of the county commission, elect to have the 797
1183-county name removed from the license plates sold in that county. 798
1184-The state motto or the words "Sunshine State" shall be printed 799
1185-in lieu thereof. A license plate issued for a vehicle taxed 800
1186-
1187-CS/CS/HB 1085, Engrossed 1 2023
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1194-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
1195-
1196-
1197-
1198-under s. 320.08(6) may not be assigned a registration license 801
1199-number, or be issued with any other distinctive character or 802
1200-designation, that distinguishes the motor vehicle as a for -hire 803
1201-motor vehicle. 804
1202- Section 13. Effective January 1, 2024, section 320.0605, 805
1203-Florida Statutes, is amended to read: 806
1204- 320.0605 Certificate of registra tion and other documents; 807
1205-possession required; exception. — 808
1206- (1)(a) The registration certificate in a uniform paper or 809
1207-electronic format, as prescribed by the department, or an 810
1208-official copy thereof ;, a true copy or an electronic copy of 811
1209-rental or lease documentation issued for a motor vehicle or 812
1210-issued for a replacement vehicle in the same registration 813
1211-period;, a temporary receipt printed upon self -initiated 814
1212-electronic renewal of a registration via the Internet ;, or a cab 815
1213-card issued for a vehicle register ed under the International 816
1214-Registration Plan must shall, at all times while the vehicle is 817
1215-being used or operated on the roads of this state, be in the 818
1216-possession of the operator thereof or be carried in the vehicle 819
1217-for which such documentation was issued at all times while the 820
1218-vehicle is being used or operated on the roads of this state and 821
1219-must shall be exhibited upon demand of any authorized law 822
1220-enforcement officer or any agent of the department, except for a 823
1221-vehicle registered under s. 320.0657. This paragraph section 824
1222-does not apply during the first 30 days after purchase of a 825
1223-
1224-CS/CS/HB 1085, Engrossed 1 2023
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1231-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
1232-
1233-
1234-
1235-replacement vehicle. A violation of this paragraph section is a 826
1236-noncriminal traffic infraction, punishable as a nonmoving 827
1237-violation as provided in chapter 318. 828
1238- (b)1. The act of presenting to a law enforcement officer 829
1239-or agent of the department an electronic device displaying an 830
1240-electronic registration certificate or a copy of rental or lease 831
1241-documentation does not constitute consent for the officer or 832
1242-agent to access any information on the device other than the 833
1243-displayed registration certificate or rental or lease 834
1244-documentation. 835
1245- 2. The person who presents the device to the officer or 836
1246-agent assumes the liability for any resulting damage to the 837
1247-device. 838
1248- (2) Rental or lease documentation that is sufficient to 839
1249-satisfy the requirement in subsection (1) includes the 840
1250-following: 841
1251- (a) Date and time of rental; 842
1252- (b) Rental agreement number; 843
1253- (c) Rental vehicle identification number; 844
1254- (d) Rental vehicle license plate n umber and state of 845
1255-registration; 846
1256- (e) Vehicle's make, model, and color; 847
1257- (f) Vehicle's mileage; and 848
1258- (g) Authorized renter's name. 849
1259- Section 14. Paragraphs (a) and (f) of subsection (8) of 850
1260-
1261-CS/CS/HB 1085, Engrossed 1 2023
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1268-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
1269-
1270-
1271-
1272-section 320.08056, Florida Statutes, as amended by section 7 of 851
1273-chapter 2020-181, Laws of Florida, are amended to read: 852
1274- 320.08056 Specialty license plates. — 853
1275- (8)(a) The department must discontinue the issuance of an 854
1276-approved specialty license plate if the number of valid 855
1277-specialty plate registrations falls below 3,000, or in the case 856
1278-of an out-of-state college or university license plate, 4,000 , 857
1279-for at least 12 consecutive months. The department shall mail a 858
1280-warning letter to the sponsoring organization following the 859
1281-first month in which the total number of valid specialty plate 860
1282-registrations is below 3,000 , or in the case of an out -of-state 861
1283-college or university license plate, 4,000 . This paragraph does 862
1284-not apply to in-state collegiate license plates established 863
1285-under s. 320.08058(3), license plates of institution s in and 864
1286-entities of the State University System, specialty license 865
1287-plates that have statutory eligibility limitations for purchase, 866
1288-specialty license plates for which annual use fees are 867
1289-distributed by a foundation for student and teacher leadership 868
1290-programs and teacher recruitment and retention, or Florida 869
1291-Professional Sports Team license plates established under s. 870
1292-320.08058(9). 871
1293- (f) Notwithstanding paragraph (a), on January 1 of each 872
1294-year, the department shall discontinue the specialty license 873
1295-plate with the fewest number of plates in circulation, including 874
1296-license plates exempt from a statutory sales requirement. The 875
1297-
1298-CS/CS/HB 1085, Engrossed 1 2023
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1305-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
1306-
1307-
1308-
1309-department shall mail a warning letter to the sponsoring 876
1310-organizations of the 10 percent of specialty license plates with 877
1311-the lowest number of valid, active registrations as of December 878
1312-1 of each year. This paragraph does not apply to collegiate 879
1313-license plates established under s. 320.08058(3). 880
1314- Section 15. Subsections (3) and (58) and paragraph (a) of 881
1315-subsection (95) of section 320.0805 8, Florida Statutes, are 882
1316-amended to read: 883
1317- 320.08058 Specialty license plates. — 884
1318- (3) COLLEGIATE LICENSE PLATES. — 885
1319- (a) The department shall develop a collegiate license 886
1320-plate as provided in this section for state and independent 887
1321-universities domiciled in this state. However, any collegiate 888
1322-license plate created or established after October 1, 2002, must 889
1323-comply with the requirements of s. 320.08053 other than the 890
1324-presale requirements in s. 320.08053(2)(b) and be specifically 891
1325-authorized by an act of the Leg islature. Collegiate license 892
1326-plates must bear the colors and design approved by the 893
1327-department as appropriate for each state and independent 894
1328-university. The word "Florida" must be stamped across the bottom 895
1329-of the plate in small letters. 896
1330- (b) A collegiate plate annual use fee is to be distributed 897
1331-to the state or independent university foundation designated by 898
1332-the purchaser for deposit in an unrestricted account. The Board 899
1333-of Governors of the State University System shall require each 900
1334-
1335-CS/CS/HB 1085, Engrossed 1 2023
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1342-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
1343-
1344-
1345-
1346-state university to sub mit a plan for approval of the 901
1347-expenditure of all funds so designated. These funds may be used 902
1348-only for academic enhancement, including scholarships and 903
1349-private fundraising activities. 904
1350- (c) If a collegiate license plate has previously been 905
1351-discontinued pursuant to s. 320.08056(8)(f), the department may 906
1352-reauthorize the collegiate license plate if the state or 907
1353-independent university resubmits the collegiate license plate 908
1354-for authorization. 909
1355- (58) PROTECT FLORIDA SPRINGS LICENSE PLATES. — 910
1356- (a) The department shall develop a Protect Florida Springs 911
1357-license plate as provided in this section. The word "Florida" 912
1358-must appear at the top of the plate, and the words "Protect 913
1359-Florida Springs" must appear at the bottom of the plate. 914
1360- (b) The annual use fees shall be di stributed to the Fish & 915
1361-Wildlife Foundation of Florida, Inc., a citizen support 916
1362-organization created pursuant to s. 379.223, which shall 917
1363-administer the fees as follows: 918
1364- 1. Wildlife Foundation of Florida, Inc., shall retain the 919
1365-first $60,000 of the annual use fees as direct reimbursement for 920
1366-administrative costs, startup costs, and costs incurred in the 921
1367-development and approval process. 922
1368- 1.2. Up to Thereafter, a maximum of 10 percent of the fees 923
1369-may be used for administrative costs directly associated wit h 924
1370-education programs, conservation, springs research, and grant 925
1371-
1372-CS/CS/HB 1085, Engrossed 1 2023
1373-
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1379-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
1380-
1381-
1382-
1383-administration of the foundation. A maximum of 15 percent of the 926
1384-fees may be used for continuing promotion and marketing of the 927
1385-license plate. 928
1386- 2.3. At least 75 55 percent of the fees shall b e available 929
1387-for the conservation of Florida's freshwater springs, including 930
1388-scientific research, springs habitat restoration, springs 931
1389-protection, and public education regarding springs competitive 932
1390-grants for targeted community -based springs research not 933
1391-currently available for state funding. The remaining 20 percent 934
1392-shall be directed toward community outreach programs aimed at 935
1393-implementing such research findings . The majority of funds shall 936
1394-be awarded via competitive grants shall be administered and 937
1395-approved by the board of directors of the Fish & Wildlife 938
1396-Foundation of Florida , Inc., with input from a . The granting 939
1397-advisory committee shall be composed of nine members, including 940
1398-one representative from the Fish and Wildlife Conservat ion 941
1399-Commission, one representative from the Department of 942
1400-Environmental Protection, one representative from the Department 943
1401-of Health, one representative from the Department of Economic 944
1402-Opportunity, three citizen representatives, and two 945
1403-representatives from nonprofit stakeholder groups. 946
1404- 4. The remaining funds shall be distributed with the 947
1405-approval of and accountability to the board of directors of the 948
1406-Wildlife Foundation of Florida, and shall be used to support 949
1407-activities contributing to education, outrea ch, and springs 950
1408-
1409-CS/CS/HB 1085, Engrossed 1 2023
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1416-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
1417-
1418-
1419-
1420-conservation. 951
1421- (95) AMERICAN EAGLE LICENSE PLATES. — 952
1422- (a) The department shall develop an American Eagle license 953
1423-plate as provided in this section and s. 320.08053. The plate 954
1424-must bear the colors and design approved by the department. The 955
1425-word "Florida" must appear at the top of the plate, and the 956
1426-words "Protect the Eagle In God We Trust" must appear at the 957
1427-bottom of the plate. 958
1428- Section 16. Subsection (1) of section 320.084, Florida 959
1429-Statutes, is amended, and subsection (6) is added to th at 960
1430-section, to read: 961
1431- 320.084 Free motor vehicle license plate to certain 962
1432-disabled veterans.— 963
1433- (1) One free "DV" motor vehicle license number plate shall 964
1434-be issued by the department for use on any motor vehicle owned 965
1435-or leased by any disabled veteran who has been a resident of 966
1436-this state continuously for the preceding 5 years or has 967
1437-established a domicile in this state as provided by s. 968
1438-222.17(1), (2), or (3), and who has been honorably discharged 969
1439-from the United States Armed Forces, upon application, 970
1440-accompanied by proof that: 971
1441- (a) A vehicle was initially acquired through financial 972
1442-assistance by the United States Department of Veterans Affairs 973
1443-or its predecessor specifically for the purchase of an 974
1444-automobile; 975
1445-
1446-CS/CS/HB 1085, Engrossed 1 2023
1447-
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1453-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
1454-
1455-
1456-
1457- (b) The applicant has been determined by th e United States 976
1458-Department of Veterans Affairs or its predecessor to have a 977
1459-service-connected 100-percent disability rating for 978
1460-compensation; or 979
1461- (c) The applicant has been determined to have a service -980
1462-connected disability rating of 100 percent and is in receipt of 981
1463-disability retirement pay from any branch of the United States 982
1464-Armed Services. 983
1465- (6)(a) A disabled veteran who meets the requirements of 984
1466-subsection (1) may be issued, in lieu of the "DV" license plate, 985
1467-a military license plate for which he or sh e is eligible or a 986
1468-specialty license plate. A disabled veteran electing a military 987
1469-license plate or specialty license plate under this subsection 988
1470-must pay all applicable fees related to such license plate, 989
1471-except for fees otherwise waived under subsections (1) and (4). 990
1472- (b) A military license plate or specialty license plate 991
1473-elected under this subsection: 992
1474- 1. Does not provide the protections or rights afforded by 993
1475-ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041. 994
1476- 2. Is not eligible for the international symbol of 995
1477-accessibility as described in s. 320.0842. 996
1478- Section 17. Subsections (16) through (48) of section 997
1479-322.01, Florida Statutes, are renumbered as subsections (17) 998
1480-through (49), respectively, subsection (5) and present 999
1481-subsections (37) and (41) of that section are amended, and a new 1000
1482-
1483-CS/CS/HB 1085, Engrossed 1 2023
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1490-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
1491-
1492-
1493-
1494-subsection (16) is added to that section, to read: 1001
1495- 322.01 Definitions. —As used in this chapter: 1002
1496- (5) "Cancellation" means the act of declaring a driver 1003
1497-license void and terminated but does not include a d owngrade. 1004
1498- (16) "Downgrade" has the same meaning as provided in 1005
1499-paragraph (4) of the definition of the term "CDL downgrade" in 1006
1500-49 C.F.R. s. 383.5. 1007
1501- (38)(37) "Revocation" means the termination of a 1008
1502-licensee's privilege to drive but does not include a down grade. 1009
1503- (42)(41) "Suspension" means the temporary withdrawal of a 1010
1504-licensee's privilege to drive a motor vehicle but does not 1011
1505-include a downgrade. 1012
1506- Section 18. Subsection (2) of section 322.02, Florida 1013
1507-Statutes, is amended to read: 1014
1508- 322.02 Legislative intent; administration. — 1015
1509- (2) The Department of Highway Safety and Motor Vehicles is 1016
1510-charged with the administration and function of enforcement of 1017
1511-the provisions of this chapter and the enforcement and 1018
1512-administration of 49 C.F.R. parts 382 -386 and 390-397. 1019
1513- Section 19. Subsections (4) through (12) of section 1020
1514-322.05, Florida Statutes, are renumbered as subsections (5) 1021
1515-through (13), respectively, and a new subsection (4) is added to 1022
1516-that section to read: 1023
1517- 322.05 Persons not to be licensed. —The department may not 1024
1518-issue a license: 1025
1519-
1520-CS/CS/HB 1085, Engrossed 1 2023
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1527-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
1528-
1529-
1530-
1531- (4) To any person, as a commercial motor vehicle operator, 1026
1532-who is ineligible to operate a commercial motor vehicle pursuant 1027
1533-to 49 C.F.R. part 383. 1028
1534- Section 20. Subsection (3) of section 322.07, Florida 1029
1535-Statutes, is amended t o read: 1030
1536- 322.07 Instruction permits and temporary licenses. — 1031
1537- (3) Any person who, except for his or her lack of 1032
1538-instruction in operating a commercial motor vehicle, would 1033
1539-otherwise be qualified to obtain a commercial driver license 1034
1540-under this chapter, may apply for a temporary commercial 1035
1541-instruction permit. The department shall issue such a permit 1036
1542-entitling the applicant, while having the permit in his or her 1037
1543-immediate possession, to drive a commercial motor vehicle on the 1038
1544-highways, if: 1039
1545- (a) The applicant possesses a valid Florida driver 1040
1546-license; and 1041
1547- (b) The applicant, while operating a commercial motor 1042
1548-vehicle, is accompanied by a licensed driver who is 21 years of 1043
1549-age or older, who is licensed to operate the class of vehicle 1044
1550-being operated, and who is occupying the closest seat to the 1045
1551-right of the driver; and 1046
1552- (c) The department has not been notified that, pursuant to 1047
1553-49 C.F.R. s. 382.501(a), the applicant is prohibited from 1048
1554-operating a commercial motor vehicle . 1049
1555- Section 21. Effective January 1, 20 24, subsection (3) of 1050
1556-
1557-CS/CS/HB 1085, Engrossed 1 2023
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1564-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
1565-
1566-
1567-
1568-section 322.141, Florida Statutes, is amended to read: 1051
1569- 322.141 Color or markings of certain licenses or 1052
1570-identification cards. — 1053
1571- (3) All licenses for the operation of motor vehicles or 1054
1572-identification cards originally issued or reiss ued by the 1055
1573-department to persons who are designated as sexual predators 1056
1574-under s. 775.21 or subject to registration as sexual offenders 1057
1575-under s. 943.0435 or s. 944.607, or who have a similar 1058
1576-designation or are subject to a similar registration under the 1059
1577-laws of another jurisdiction, shall have printed in the color 1060
1578-red all information otherwise required to be printed on the 1061
1579-front of the license or identification card , as well as the 1062
1580-following: 1063
1581- (a) For a person designated as a sexual predator under s. 1064
1582-775.21 or who has a similar designation under the laws of 1065
1583-another jurisdiction, the marking "SEXUAL PREDATOR." 1066
1584- (b) For a person subject to registration as a sexual 1067
1585-offender under s. 943.0435 or s. 944.607, or subject to a 1068
1586-similar registration under the laws of another jurisdiction, the 1069
1587-marking "943.0435, F.S." 1070
1588- Section 22. Paragraphs (m) and (n) of subsection (4) of 1071
1589-section 322.142, Florida Statutes, are amended, and paragraphs 1072
1590-(o) and (p) are added to that subsection, to read: 1073
1591- 322.142 Color photographic o r digital imaged licenses. — 1074
1592- (4) The department may maintain a film negative or print 1075
1593-
1594-CS/CS/HB 1085, Engrossed 1 2023
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1601-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
1602-
1603-
1604-
1605-file. The department shall maintain a record of the digital 1076
1606-image and signature of the licensees, together with other data 1077
1607-required by the department for identification and retrieval. 1078
1608-Reproductions from the file or digital record are exempt from 1079
1609-the provisions of s. 119.07(1) and may be made and issued only: 1080
1610- (m) To the following persons for the purpose of 1081
1611-identifying a person as part of the official work of a court: 1082
1612- 1. A justice or judge of this state; 1083
1613- 2. An employee of the state courts system who works in a 1084
1614-position that is designated in writing for access by the Chief 1085
1615-Justice of the Supreme Court or a chief judge of a district or 1086
1616-circuit court, or by his or her designee; or 1087
1617- 3. A government employee who performs functions on behalf 1088
1618-of the state courts system in a position that is designated in 1089
1619-writing for access by the Chief Justice or a chief judge, or by 1090
1620-his or her designee; or 1091
1621- (n) To the Agency for Health C are Administration pursuant 1092
1622-to an interagency agreement to prevent health care fraud. If the 1093
1623-Agency for Health Care Administration enters into an agreement 1094
1624-with a private entity to carry out duties relating to health 1095
1625-care fraud prevention, such contracts s hall include, but need 1096
1626-not be limited to: 1097
1627- 1. Provisions requiring internal controls and audit 1098
1628-processes to identify access, use, and unauthorized access of 1099
1629-information. 1100
1630-
1631-CS/CS/HB 1085, Engrossed 1 2023
1632-
1633-
1634-
1635-CODING: Words stricken are deletions; words underlined are additions.
1636-hb1085-03-e1
1637-Page 45 of 65
1638-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
1639-
1640-
1641-
1642- 2. A requirement to report unauthorized access or use to 1101
1643-the Agency for Health Care Administration within 1 business day 1102
1644-after the discovery of the unauthorized access or use. 1103
1645- 3. Provisions for liquidated damages for unauthorized 1104
1646-access or use of no less than $5,000 per occurrence ; 1105
1647- (o) To any criminal justice agency, as defined in s. 1106
1648-943.045, pursuant to an interagency agreement for use in 1107
1649-carrying out the criminal justice agency's functions; or 1108
1650- (p) To the driver licensing agency of any other state for 1109
1651-purposes of validating the identity of an applicant for a driver 1110
1652-license or identification card. 1111
1653- Section 23. Subsection (8) and paragraph (a) of subsection 1112
1654-(9) of section 322.21, Florida Statutes, are amended to read: 1113
1655- 322.21 License fees; procedure for handling and collecting 1114
1656-fees.— 1115
1657- (8) A person who applies for reinstatement following the 1116
1658-suspension or revocation of the person's driver license must pay 1117
1659-a service fee of $45 following a suspension, and $75 following a 1118
1660-revocation, which is in addition to the fee for a license. A 1119
1661-person who applies for reinstatement of a commercial driver 1120
1662-license following the disqualification or downgrade of the 1121
1663-person's privilege to operate a commercial motor vehicle shall 1122
1664-pay a service fee of $75, which is in addition to the fee for a 1123
1665-license. The department shall collect all of these fees at the 1124
1666-time of reinstatement. The department shall issue proper 1125
1667-
1668-CS/CS/HB 1085, Engrossed 1 2023
1669-
1670-
1671-
1672-CODING: Words stricken are deletions; words underlined are additions.
1673-hb1085-03-e1
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1675-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
1676-
1677-
1678-
1679-receipts for such fees and shall promptly transmit all funds 1126
1680-received by it as follows: 1127
1681- (a) Of the $45 fee received from a licensee for 1128
1682-reinstatement following a suspension: 1129
1683- 1. If the reinstatement is processed by the department, 1130
1684-the department shall deposit $15 in the General Revenue Fund and 1131
1685-$30 in the Highway Safety Operating Trust Fund. 1132
1686- 2. If the reinstatement is processed by the tax collector, 1133
1687-$15, less the general revenue service charge set forth in s. 1134
1688-215.20(1), shall be retained by the tax collector, $15 shall be 1135
1689-deposited into the Highway Safety Operating Trust Fund, and $15 1136
1690-shall be deposited into the General Revenue Fund. 1137
1691- (b) Of the $75 fee received from a licensee for 1138
1692-reinstatement following a revocation , or disqualification, or 1139
1693-downgrade: 1140
1694- 1. If the reinstatement is processed by the department, 1141
1695-the department shall deposit $35 in the General Revenue Fund and 1142
1696-$40 in the Highway Safety Op erating Trust Fund. 1143
1697- 2. If the reinstatement is processed by the tax collector, 1144
1698-$20, less the general revenue service charge set forth in s. 1145
1699-215.20(1), shall be retained by the tax collector, $20 shall be 1146
1700-deposited into the Highway Safety Operating Trust Fund, and $35 1147
1701-shall be deposited into the General Revenue Fund. 1148
1702- 1149
1703-If the revocation or suspension of the driver license was for a 1150
1704-
1705-CS/CS/HB 1085, Engrossed 1 2023
1706-
1707-
1708-
1709-CODING: Words stricken are deletions; words underlined are additions.
1710-hb1085-03-e1
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1712-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
1713-
1714-
1715-
1716-violation of s. 316.193, or for refusal to submit to a lawful 1151
1717-breath, blood, or urine test, an additional fee of $130 must be 1152
1718-charged. However, only one $130 fee may be collected from one 1153
1719-person convicted of violations arising out of the same incident. 1154
1720-The department shall collect the $130 fee and deposit the fee 1155
1721-into the Highway Safety Operating Trust Fund at the time of 1156
1722-reinstatement of the person's driver license, but the fee may 1157
1723-not be collected if the suspension or revocation is overturned. 1158
1724-If the revocation or suspension of the driver license was for a 1159
1725-conviction for a violation of s. 817.234(8) or (9) or s. 1160
1726-817.505, an additional fee of $180 is imposed for each offense. 1161
1727-The department shall collect and deposit the additional fee into 1162
1728-the Highway Safety Operating Trust Fund at the time of 1163
1729-reinstatement of the person's driver license. 1164
1730- (9) An applicant: 1165
1731- (a) Requesting a revi ew authorized in s. 322.222, s. 1166
1732-322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must 1167
1733-pay a filing fee of $25 to be deposited into the Highway Safety 1168
1734-Operating Trust Fund. 1169
1735- Section 24. Section 322.591, Florida Statutes, is created 1170
1736-to read: 1171
1737- 322.591 Commercial driver license and commercial 1172
1738-instruction permit; Commercial Driver's License Drug and Alcohol 1173
1739-Clearinghouse; prohibition on issuance of commercial driver 1174
1740-licenses; downgrades. — 1175
1741-
1742-CS/CS/HB 1085, Engrossed 1 2023
1743-
1744-
1745-
1746-CODING: Words stricken are deletions; words underlined are additions.
1747-hb1085-03-e1
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1749-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
1750-
1751-
1752-
1753- (1) Beginning November 18, 2024, when a person applies for 1176
1754-or seeks to renew, transfer, or make any other change to a 1177
1755-commercial driver license or commercial instruction permit, the 1178
1756-department must obtain the driver's record from the Commercial 1179
1757-Driver's License Drug and Alcohol Clearinghouse established 1180
1758-pursuant to 49 C.F.R. part 382. The department may not issue, 1181
1759-renew, transfer, or revise the types of authorized vehicles that 1182
1760-may be operated or the endorsements applicable to a commercial 1183
1761-driver license or commercial instruction permit for any person 1184
1762-for whom the department receives notification that, pursuant to 1185
1763-49 C.F.R. s. 382.501(a), the person is prohibited from operating 1186
1764-a commercial vehicle. 1187
1765- (2) Beginning November 18, 2024, the department shall 1188
1766-downgrade the commercial driver license or commercial 1189
1767-instruction permit of any driver if the department receives 1190
1768-notification that, pursuant to 49 C.F.R. s. 382.501(a), the 1191
1769-driver is prohibited from operating a commercial motor vehicle. 1192
1770-Any such downgrade must be completed and recorded by the 1193
1771-department in the Comm ercial Driver's License Information System 1194
1772-within 60 days after the department's receipt of such 1195
1773-notification. 1196
1774- (3)(a) Beginning November 18, 2024, upon receipt of 1197
1775-notification that, pursuant to 49 C.F.R. s. 382.501(a), a driver 1198
1776-is prohibited from operati ng a commercial motor vehicle, the 1199
1777-department shall immediately notify the driver who is the 1200
1778-
1779-CS/CS/HB 1085, Engrossed 1 2023
1780-
1781-
1782-
1783-CODING: Words stricken are deletions; words underlined are additions.
1784-hb1085-03-e1
1785-Page 49 of 65
1786-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
1787-
1788-
1789-
1790-subject of such notification that he or she is prohibited from 1201
1791-operating a commercial motor vehicle and, upon his or her 1202
1792-request, must afford him or her an opportu nity for an informal 1203
1793-hearing pursuant to this section. The department's notice must 1204
1794-be provided to the driver in the same manner as, and providing 1205
1795-such notice has the same effect as, notices provided pursuant to 1206
1796-s. 322.251(1) and (2). 1207
1797- (b) Such informal h earing must be requested not later than 1208
1798-20 days after the driver receives the notice of the downgrade. 1209
1799-If a request for a hearing, together with the filing fee 1210
1800-required pursuant to s. 322.21, is not received within 20 days 1211
1801-after receipt of such notice, the department must enter a final 1212
1802-order directing the downgrade of the driver's commercial driver 1213
1803-license or commercial instruction permit unless the department 1214
1804-receives notification that, pursuant to 49 C.F.R. s. 382.503(a), 1215
1805-the driver is no longer prohibite d from operating a commercial 1216
1806-motor vehicle. 1217
1807- (c) A hearing requested pursuant to paragraph (b) must be 1218
1808-scheduled and held not later than 30 days after receipt by the 1219
1809-department of a request for the hearing, together with the 1220
1810-filing fee required pursuant to s. 322.21. The submission of a 1221
1811-request for hearing pursuant to this subsection tolls the 1222
1812-deadline to file a petition for writ of certiorari pursuant to 1223
1813-s. 322.31 until after the department enters a final order after 1224
1814-a hearing pursuant to this subsection . 1225
1815-
1816-CS/CS/HB 1085, Engrossed 1 2023
1817-
1818-
1819-
1820-CODING: Words stricken are deletions; words underlined are additions.
1821-hb1085-03-e1
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1823-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
1824-
1825-
1826-
1827- (d) The informal hearing authorized pursuant to this 1226
1828-subsection is exempt from chapter 120. Such hearing must be 1227
1829-conducted before a hearing officer designated by the department. 1228
1830-The hearing officer may conduct such hearing from any location 1229
1831-in this state by means of communications technology. 1230
1832- (e) The notification received by the department pursuant 1231
1833-to 49 C.F.R. s. 382.501(a) must be in the record for 1232
1834-consideration by the hearing officer and in any proceeding 1233
1835-pursuant to s. 322.31 and is considered self-authenticating. The 1234
1836-basis for the notification received by the department pursuant 1235
1837-to 49 C.F.R. s. 382.501(a) and the information in the Commercial 1236
1838-Driver's License Drug and Alcohol Clearinghouse which resulted 1237
1839-in such notification are not subject to challenge in the hearing 1238
1840-or in any proceeding brought under s. 322.31. 1239
1841- (f) If, before the entry of a final order arising from a 1240
1842-notification received by the department pursuant to 49 C.F.R. s. 1241
1843-382.501(a), the department receives notification that, pursua nt 1242
1844-to 49 C.F.R. s. 382.503(a), the driver is no longer prohibited 1243
1845-from operating a commercial motor vehicle, the department must 1244
1846-dismiss the action to downgrade the driver's commercial driver 1245
1847-license or commercial instruction permit. 1246
1848- (g) Upon the entry o f a final order that results in the 1247
1849-downgrade of a driver's commercial driver license or commercial 1248
1850-instruction permit, the department shall record immediately in 1249
1851-the driver's record that the driver is disqualified from 1250
1852-
1853-CS/CS/HB 1085, Engrossed 1 2023
1854-
1855-
1856-
1857-CODING: Words stricken are deletions; words underlined are additions.
1858-hb1085-03-e1
1859-Page 51 of 65
1860-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
1861-
1862-
1863-
1864-operating or driving a commercial mo tor vehicle. The downgrade 1251
1865-of a commercial driver license or commercial instruction permit 1252
1866-pursuant to a final order entered pursuant to this section, and, 1253
1867-upon the entry of a final order, the recording in the driver's 1254
1868-record that the driver subject to suc h a final order is 1255
1869-disqualified from operating or driving a commercial motor 1256
1870-vehicle, are not stayed during the pendency of any proceeding 1257
1871-pursuant to s. 322.31. 1258
1872- (h) If, after the entry of a final order that results in 1259
1873-the downgrade of a driver's commerc ial driver license or 1260
1874-commercial instruction permit and the department's recording in 1261
1875-the driver's record that the driver is disqualified from 1262
1876-operating or driving a commercial motor vehicle, the department 1263
1877-receives notification that, pursuant to 49 C.F.R. s. 382.503(a), 1264
1878-the driver is no longer prohibited from operating a commercial 1265
1879-motor vehicle, the department must reinstate the driver's 1266
1880-commercial driver license or commercial instruction permit upon 1267
1881-application by such driver. 1268
1882- (i) The department is not liable for any commercial driver 1269
1883-license or commercial instruction permit downgrade resulting 1270
1884-from the discharge of its duties. 1271
1885- (j) This section is the exclusive procedure for the 1272
1886-downgrade of a commercial driver license or commercial 1273
1887-instruction permit following notification received by the 1274
1888-department that, pursuant to 49 C.F.R. s. 382.501(a), a driver 1275
1889-
1890-CS/CS/HB 1085, Engrossed 1 2023
1891-
1892-
1893-
1894-CODING: Words stricken are deletions; words underlined are additions.
1895-hb1085-03-e1
1896-Page 52 of 65
1897-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
1898-
1899-
1900-
1901-is prohibited from operating a commercial motor vehicle. 1276
1902- (k) The downgrade of a commercial driver license or 1277
1903-commercial instruction permit of a person pursuant to this 1278
1904-section does not preclude the suspension of the driving 1279
1905-privilege for that person pursuant to s. 322.2615 or the 1280
1906-disqualification of that person from operating a commercial 1281
1907-motor vehicle pursuant to s. 322.64. The driving privilege of a 1282
1908-person whose commercial driver license or commercial instruction 1283
1909-permit has been downgraded pursuant to this section also may be 1284
1910-suspended for a violation of s. 316.193. 1285
1911- (4) Beginning November 18, 2024, a driver for whom the 1286
1912-department receives notificatio n that, pursuant to 49 C.F.R. s. 1287
1913-382.501(a), such person is prohibited from operating a 1288
1914-commercial motor vehicle may, if otherwise qualified, be issued 1289
1915-a Class E driver license pursuant to s. 322.251(4), valid for 1290
1916-the length of his or her unexpired license period, at no cost. 1291
1917- Section 25. Subsection (2) of section 322.34, Florida 1292
1918-Statutes, is amended to read: 1293
1919- 322.34 Driving while license suspended, revoked, canceled, 1294
1920-or disqualified.— 1295
1921- (2) Any person whose driver license or driving privilege 1296
1922-has been canceled, suspended, or revoked as provided by law, or 1297
1923-who does not have a driver license or driving privilege but is 1298
1924-under suspension or revocation equivalent status as defined in 1299
1925-s. 322.01(43) s. 322.01(42), except persons defined in s. 1300
1926-
1927-CS/CS/HB 1085, Engrossed 1 2023
1928-
1929-
1930-
1931-CODING: Words stricken are deletions; words underlined are additions.
1932-hb1085-03-e1
1933-Page 53 of 65
1934-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
1935-
1936-
1937-
1938-322.264, who, knowing of such cancellation, suspension, 1301
1939-revocation, or suspension or revocation equivalent status, 1302
1940-drives any motor vehicle upon the highways of this state while 1303
1941-such license or privilege is canceled, suspended, or revoked, or 1304
1942-while under suspension or revo cation equivalent status, commits: 1305
1943- (a) A misdemeanor of the second degree, punishable as 1306
1944-provided in s. 775.082 or s. 775.083. 1307
1945- (b)1. A misdemeanor of the first degree, punishable as 1308
1946-provided in s. 775.082 or s. 775.083, upon a second or 1309
1947-subsequent conviction, except as provided in paragraph (c). 1310
1948- 2. A person convicted of a third or subsequent conviction, 1311
1949-except as provided in paragraph (c), must serve a minimum of 10 1312
1950-days in jail. 1313
1951- (c) A felony of the third degree, punishable as provided 1314
1952-in s. 775.082, s. 775.083, or s. 775.084, upon a third or 1315
1953-subsequent conviction if the current violation of this section 1316
1954-or the most recent prior violation of the section is related to 1317
1955-driving while license canceled, suspended, revoked, or 1318
1956-suspension or revocation equi valent status resulting from a 1319
1957-violation of: 1320
1958- 1. Driving under the influence; 1321
1959- 2. Refusal to submit to a urine, breath -alcohol, or blood 1322
1960-alcohol test; 1323
1961- 3. A traffic offense causing death or serious bodily 1324
1962-injury; or 1325
1963-
1964-CS/CS/HB 1085, Engrossed 1 2023
1965-
1966-
1967-
1968-CODING: Words stricken are deletions; words underlined are additions.
1969-hb1085-03-e1
1970-Page 54 of 65
1971-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
1972-
1973-
1974-
1975- 4. Fleeing or eluding. 1326
1976- 1327
1977-The element of knowledge is satisfied if the person has been 1328
1978-previously cited as provided in subsection (1); or the person 1329
1979-admits to knowledge of the cancellation, suspension, or 1330
1980-revocation, or suspension or revocation equivalent status; or 1331
1981-the person received notice as provided in subsection (4). There 1332
1982-shall be a rebuttable presumption that the knowledge requirement 1333
1983-is satisfied if a judgment or order as provided in subsection 1334
1984-(4) appears in the department's records for any case except for 1335
1985-one involving a suspension by the department for failure to pay 1336
1986-a traffic fine or for a financial responsibility violation. 1337
1987- Section 26. Subsection (4) of section 322.61, Florida 1338
1988-Statutes, is amended to read: 1339
1989- 322.61 Disqualification from operating a commercial motor 1340
1990-vehicle.— 1341
1991- (4) Any person who is transporting hazardous materials as 1342
1992-defined in s. 322.01(25) s. 322.01(24) shall, upon conviction of 1343
1993-an offense specified in subsection (3), be disqualified from 1344
1994-operating a commercial motor vehicle for a period of 3 years. 1345
1995-The penalty provided in this subsection shall be in addition to 1346
1996-any other applicable penalty. 1347
1997- Section 27. Paragraph (c) of subsection (9) of section 1348
1998-324.021, Florida Statutes, is amended to read: 1349
1999- 324.021 Definitions; minimum insurance required. —The 1350
2000-
2001-CS/CS/HB 1085, Engrossed 1 2023
2002-
2003-
2004-
2005-CODING: Words stricken are deletions; words underlined are additions.
2006-hb1085-03-e1
2007-Page 55 of 65
2008-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
2009-
2010-
2011-
2012-following words and phrases when used in this chapter shall, for 1351
2013-the purpose of this chapter, have the meanings respectively 1352
2014-ascribed to them in this section, except in those instances 1353
2015-where the context clearly indicates a different meaning: 1354
2016- (9) OWNER; OWNER/LESSO R.— 1355
2017- (c) Application.— 1356
2018- 1. The limits on liability in subparagraphs (b)2. and 3. 1357
2019-do not apply to an owner of motor vehicles that are used for 1358
2020-commercial activity in the owner's ordinary course of business, 1359
2021-other than a rental company that rents or leases motor vehicles. 1360
2022-For purposes of this paragraph, the term "rental company" 1361
2023-includes only an entity that is engaged in the business of 1362
2024-renting or leasing motor vehicles to the general public and that 1363
2025-rents or leases a majority of its motor vehicles to perso ns with 1364
2026-no direct or indirect affiliation with the rental company. The 1365
2027-term "rental company" also includes: 1366
2028- a. A related rental or leasing company that is a 1367
2029-subsidiary of the same parent company as that of the renting or 1368
2030-leasing company that rented or leased the vehicle. 1369
2031- b. The holder of a motor vehicle title or an equity 1370
2032-interest in a motor vehicle title if the title or equity 1371
2033-interest is held pursuant to or to facilitate an asset -backed 1372
2034-securitization of a fleet of motor vehicles used solely in the 1373
2035-business of renting or leasing motor vehicles to the general 1374
2036-public and under the dominion and control of a rental company, 1375
2037-
2038-CS/CS/HB 1085, Engrossed 1 2023
2039-
2040-
2041-
2042-CODING: Words stricken are deletions; words underlined are additions.
2043-hb1085-03-e1
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2045-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
2046-
2047-
2048-
2049-as described in this subparagraph, in the operation of such 1376
2050-rental company's business. 1377
2051- 2. Furthermore, with respect to commercial motor vehicles 1378
2052-as defined in s. 627.732, the limits on liability in 1379
2053-subparagraphs (b)2. and 3. do not apply if, at the time of the 1380
2054-incident, the commercial motor vehicle is being used in the 1381
2055-transportation of materials found to be hazardous for the 1382
2056-purposes of the Hazardous Materials Transportation Authorization 1383
2057-Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is 1384
2058-required pursuant to such act to carry placards warning others 1385
2059-of the hazardous cargo, unless at the time of lease or rental 1386
2060-either: 1387
2061- a. The lessee indicates in writing that the vehicle will 1388
2062-not be used to transport materials found to be hazardous for the 1389
2063-purposes of the Hazardous Materials Transportation Authorization 1390
2064-Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or 1391
2065- b. The lessee or other operator of the commercial motor 1392
2066-vehicle has in effect insurance with limits of at least 1393
2067-$5,000,000 combined property damage and bodily injury liability. 1394
2068- 3.a. A motor vehicle dealer, or a motor vehicle dealer's 1395
2069-leasing or rental affiliate, that provides a temporary 1396
2070-replacement vehicle at no charge or at a reasonable daily charge 1397
2071-to a service customer whose vehicle is being held for repair, 1398
2072-service, or adjustment by the motor vehicle dealer is immune 1399
2073-from any cause of action and is not liable , vicariously or 1400
2074-
2075-CS/CS/HB 1085, Engrossed 1 2023
2076-
2077-
2078-
2079-CODING: Words stricken are deletions; words underlined are additions.
2080-hb1085-03-e1
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2082-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
2083-
2084-
2085-
2086-directly, under general law solely by reason of being the owner 1401
2087-of the temporary replacement vehicle for harm to persons or 1402
2088-property that arises out of the use, or operation, of the 1403
2089-temporary replacement vehicle by any person during the pe riod 1404
2090-the temporary replacement vehicle has been entrusted to the 1405
2091-motor vehicle dealer's service customer if there is no 1406
2092-negligence or criminal wrongdoing on the part of the motor 1407
2093-vehicle owner, or its leasing or rental affiliate. 1408
2094- b. For purposes of this section, and notwithstanding any 1409
2095-other provision of general law, a motor vehicle dealer, or a 1410
2096-motor vehicle dealer's leasing or rental affiliate, that gives 1411
2097-possession, control, or use of a temporary replacement vehicle 1412
2098-to a motor vehicle dealer's service customer may not be adjudged 1413
2099-liable in a civil proceeding absent negligence or criminal 1414
2100-wrongdoing on the part of the motor vehicle dealer, or the motor 1415
2101-vehicle dealer's leasing or rental affiliate, if the motor 1416
2102-vehicle dealer or the motor vehicle dealer's leasing or rental 1417
2103-affiliate executes a written rental or use agreement and obtains 1418
2104-from the person receiving the temporary replacement vehicle a 1419
2105-copy of the person's driver license and insurance information 1420
2106-reflecting at least the minimum motor vehicle in surance coverage 1421
2107-required in the state. Any subsequent determination that the 1422
2108-driver license or insurance information provided to the motor 1423
2109-vehicle dealer, or the motor vehicle dealer's leasing or rental 1424
2110-affiliate, was in any way false, fraudulent, mislead ing, 1425
2111-
2112-CS/CS/HB 1085, Engrossed 1 2023
2113-
2114-
2115-
2116-CODING: Words stricken are deletions; words underlined are additions.
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2119-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
2120-
2121-
2122-
2123-nonexistent, canceled, not in effect, or invalid does not alter 1426
2124-or diminish the protections provided by this section, unless the 1427
2125-motor vehicle dealer, or the motor vehicle dealer's leasing or 1428
2126-rental affiliate, had actual knowledge thereof at the time 1429
2127-possession of the temporary replacement vehicle was provided. 1430
2128- c. For purposes of this subparagraph, the term: 1431
2129- (I) "Control" means the power to direct the management and 1432
2130-policies of a person whether through ownership of voting 1433
2131-securities or otherwise. 1434
2132- (II) "Motor vehicle dealer's leasing or rental affiliate" 1435
2133-means a person who directly or indirectly controls, is 1436
2134-controlled by, or is under common control with the motor vehicle 1437
2135-dealer. 1438
2136- d.c. For purposes of this subparagraph, the term "service 1439
2137-customer" does not include an agent or a principal of a motor 1440
2138-vehicle dealer or a motor vehicle dealer's leasing or rental 1441
2139-affiliate, and does not include an employee of a motor vehicle 1442
2140-dealer or a motor vehicle dealer's leasing or rental affiliate 1443
2141-unless the employee was provided a temporary replacement 1444
2142-vehicle: 1445
2143- (I) While the employee's personal vehicle was being held 1446
2144-for repair, service, or adjustment by the motor vehicle dealer; 1447
2145- (II) In the same manner as other customers who are 1448
2146-provided a temporary replaceme nt vehicle while the customer's 1449
2147-vehicle is being held for repair, service, or adjustment; and 1450
2148-
2149-CS/CS/HB 1085, Engrossed 1 2023
2150-
2151-
2152-
2153-CODING: Words stricken are deletions; words underlined are additions.
2154-hb1085-03-e1
2155-Page 59 of 65
2156-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
2157-
2158-
2159-
2160- (III) The employee was not acting within the course and 1451
2161-scope of his or her employment. 1452
2162- Section 28. Subsection (3) of section 324.0221, Florida 1453
2163-Statutes, is amended to read: 1454
2164- 324.0221 Reports by insurers to the department; suspension 1455
2165-of driver license and vehicle registrations; reinstatement. — 1456
2166- (3) An operator or owner whose driver license or 1457
2167-registration has been suspended under this section or s. 316.646 1458
2168-may effect its reinstatement upon compliance with the 1459
2169-requirements of this section and upon payment to the department 1460
2170-of a nonrefundable reinstatement fee of $150 for the first 1461
2171-reinstatement. The reinstatement fee is $250 for the second 1462
2172-reinstatement and $500 for each subsequent reinstatement during 1463
2173-the 3 years following the first reinstatement. A person 1464
2174-reinstating her or his insurance under this subsection must also 1465
2175-secure noncancelable coverage as described in ss. 324.021(8), 1466
2176-324.023, and 627.7275(2) and present to the appropriate person 1467
2177-proof that the coverage is in force on a form adopted by the 1468
2178-department, and such proof shall be maintained for 2 years. If 1469
2179-the person does not have a second reinstatement within 3 years 1470
2180-after her or his initial reinstate ment, the reinstatement fee is 1471
2181-$150 for the first reinstatement after that 3 -year period. If a 1472
2182-person's license and registration are suspended under this 1473
2183-section or s. 316.646, only one reinstatement fee must be paid 1474
2184-to reinstate the license and the regist ration. All fees shall be 1475
2185-
2186-CS/CS/HB 1085, Engrossed 1 2023
2187-
2188-
2189-
2190-CODING: Words stricken are deletions; words underlined are additions.
2191-hb1085-03-e1
2192-Page 60 of 65
2193-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
2194-
2195-
2196-
2197-collected by the department at the time of reinstatement. The 1476
2198-department shall issue proper receipts for such fees and shall 1477
2199-promptly deposit those fees in the Highway Safety Operating 1478
2200-Trust Fund. One-third of the fees collected u nder this 1479
2201-subsection shall be distributed from the Highway Safety 1480
2202-Operating Trust Fund to the local governmental entity or state 1481
2203-agency that employed the law enforcement officer seizing the 1482
2204-license plate pursuant to s. 324.201. The funds may be used by 1483
2205-the local governmental entity or state agency for any authorized 1484
2206-purpose. 1485
2207- Section 29. Section 324.131, Florida Statutes, is amended 1486
2208-to read: 1487
2209- 324.131 Period of suspension. —Such license, registration 1488
2210-and nonresident's operating privilege shall remain so s uspended 1489
2211-and shall not be renewed, nor shall any such license or 1490
2212-registration be thereafter issued in the name of such person, 1491
2213-including any such person not previously licensed, unless and 1492
2214-until every such judgment is stayed, satisfied in full or to the 1493
2215-extent of the limits stated in s. 324.021(7) and until the said 1494
2216-person gives proof of financial responsibility as provided in s. 1495
2217-324.031, such proof to be maintained for 3 years. In addition, 1496
2218-if the person's license or registration has been suspended or 1497
2219-revoked due to a violation of s. 316.193 or pursuant to s. 1498
2220-322.26(2), that person shall maintain noncancelable liability 1499
2221-coverage for each motor vehicle registered in his or her name, 1500
2222-
2223-CS/CS/HB 1085, Engrossed 1 2023
2224-
2225-
2226-
2227-CODING: Words stricken are deletions; words underlined are additions.
2228-hb1085-03-e1
2229-Page 61 of 65
2230-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
2231-
2232-
2233-
2234-as described in s. 627.7275(2), and must present proof that 1501
2235-coverage is in force on a form adopted by the Department of 1502
2236-Highway Safety and Motor Vehicles, such proof to be maintained 1503
2237-for 3 years. 1504
2238- Section 30. Paragraph (g) of subsection (3) of section 1505
2239-627.311, Florida Statutes, is amended to read: 1506
2240- 627.311 Joint underwriters and joint reinsurers; public 1507
2241-records and public meetings exemptions. — 1508
2242- (3) The office may, after consultation with insurers 1509
2243-licensed to write automobile insurance in this state, approve a 1510
2244-joint underwriting plan for purposes of equitable apportionment 1511
2245-or sharing among insurers of automobile liability insurance and 1512
2246-other motor vehicle insurance, as an alternate to the plan 1513
2247-required in s. 627.351(1). All insurers authorized to write 1514
2248-automobile insurance in this state shall subscribe to the plan 1515
2249-and participate therein. The plan shall be subject to continuous 1516
2250-review by the office which may at any time disapprove the entire 1517
2251-plan or any part thereof if it determines that conditions have 1518
2252-changed since prior approval and that in view of the purposes of 1519
2253-the plan changes are warranted. Any disapproval by the office 1520
2254-shall be subject to the provisions of chapter 120. The Florida 1521
2255-Automobile Joint Underwriting Association is created under the 1522
2256-plan. The plan and the association: 1523
2257- (g) Must make available noncancelable coverage as provided 1524
2258-in s. 627.7275(2). 1525
2259-
2260-CS/CS/HB 1085, Engrossed 1 2023
2261-
2262-
2263-
2264-CODING: Words stricken are deletions; words underlined are additions.
2265-hb1085-03-e1
2266-Page 62 of 65
2267-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
2268-
2269-
2270-
2271- Section 31. Subsection (1) of section 627.351, Florida 1526
2272-Statutes, is amended to read: 1527
2273- 627.351 Insurance risk apportionment plans. — 1528
2274- (1) MOTOR VEHICLE INSURANCE RISK APPORTIONMENT. —Agreements 1529
2275-may be made among casu alty and surety insurers with respect to 1530
2276-the equitable apportionment among them of insurance that which 1531
2277-may be afforded applicants who are in good faith entitled to, 1532
2278-but are unable to, procure such insurance through ordinary 1533
2279-methods, and such insurers may agree among themselves on the use 1534
2280-of reasonable rate modifications for such insurance. Such 1535
2281-agreements and rate modifications are shall be subject to the 1536
2282-approval of the office. The office shall, after consultation 1537
2283-with the insurers licensed to write autom obile liability 1538
2284-insurance in this state, adopt a reasonable plan or plans for 1539
2285-the equitable apportionment among such insurers of applicants 1540
2286-for such insurance who are in good faith entitled to, but are 1541
2287-unable to, procure such insurance through ordinary met hods, and, 1542
2288-when such plan has been adopted, all such insurers shall 1543
2289-subscribe to and participate in the plan thereto and shall 1544
2290-participate therein. Such plan or plans shall include rules for 1545
2291-classification of risks and rates therefor. The plan or plans 1546
2292-shall make available noncancelable coverage as provided in s. 1547
2293-627.7275(2). Any insured placed with the plan must shall be 1548
2294-notified of the fact that insurance coverage is being afforded 1549
2295-through the plan and not through the private market, and such 1550
2296-
2297-CS/CS/HB 1085, Engrossed 1 2023
2298-
2299-
2300-
2301-CODING: Words stricken are deletions; words underlined are additions.
2302-hb1085-03-e1
2303-Page 63 of 65
2304-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
2305-
2306-
2307-
2308-notification must shall be given in writing within 10 days of 1551
2309-such placement. To ensure assure that plan rates are made 1552
2310-adequate to pay claims and expenses, insurers shall develop a 1553
2311-means of obtaining loss and expense experience at least 1554
2312-annually, and the plan shall f ile such experience, when 1555
2313-available, with the office in sufficient detail to make a 1556
2314-determination of rate adequacy. Before Prior to the filing of 1557
2315-such experience with the office, the plan shall poll each member 1558
2316-insurer as to the need for an actuary who is a member of the 1559
2317-Casualty Actuarial Society and who is not affiliated with the 1560
2318-plan's statistical agent to certify the plan's rate adequacy. If 1561
2319-a majority of those insurers responding indicate a need for such 1562
2320-certification, the plan must shall include the certification as 1563
2321-part of its experience filing. Such experience must shall be 1564
2322-filed with the office not more than 9 months following the end 1565
2323-of the annual statistical period under review, together with a 1566
2324-rate filing based on such said experience. The office shall 1567
2325-initiate proceedings to disapprove the rate and so notify the 1568
2326-plan or shall finalize its review within 60 days after of 1569
2327-receipt of the filing. Notification to the plan by the office of 1570
2328-its preliminary findings, which include a point of entry to the 1571
2329-plan pursuant to chapter 120, tolls shall toll the 60-day period 1572
2330-during any such proceedings and subsequent judicial review. The 1573
2331-rate is shall be deemed approved if the office does not issue 1574
2332-notice to the plan of its preliminary findings within 60 days 1575
2333-
2334-CS/CS/HB 1085, Engrossed 1 2023
2335-
2336-
2337-
2338-CODING: Words stricken are deletions; words underlined are additions.
2339-hb1085-03-e1
2340-Page 64 of 65
2341-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
2342-
2343-
2344-
2345-after of the filing. In addition to provisions for claims and 1576
2346-expenses, the ratemaking formula must shall include a factor for 1577
2347-projected claims trending and 5 percent for contingencies. In no 1578
2348-instance shall The formula may not include a renewal discount 1579
2349-for plan insureds. However, the plan shall reunderwrite each 1580
2350-insured on an annual basis, based upon all applicable rating 1581
2351-factors approved by the office. Trend factors may shall not be 1582
2352-found to be inappropriate if they are not in excess of trend 1583
2353-factors normally used in the development of residual market 1584
2354-rates by the appropriate licensed rating organization. Each 1585
2355-application for coverage in the plan must shall include, in 1586
2356-boldfaced 12-point type immediately preceding the applicant's 1587
2357-signature, the following stat ement: 1588
2358-"THIS INSURANCE IS BEING AFFORDED THROUGH THE FLORIDA JOINT 1589
2359-UNDERWRITING ASSOCIATION AND NOT THROUGH THE PRIVATE MARKET. 1590
2360-PLEASE BE ADVISED THAT COVERAGE WITH A PRIVATE INSURER MAY BE 1591
2361-AVAILABLE FROM ANOTHER AGENT AT A LOWER COST. AGENT AND COMPANY 1592
2362-LISTINGS ARE AVAILABLE IN THE LOCAL YELLOW PAGES. " 1593
2363-The plan shall annually report to the office the number and 1594
2364-percentage of plan insureds who are not surcharged due to their 1595
2365-driving record. 1596
2366- Section 32. Paragraph (b) of subsection (2) of section 1597
2367-627.7275, Florida Statutes, is amended to read: 1598
2368- 627.7275 Motor vehicle liability. — 1599
2369- (2) 1600
2370-
2371-CS/CS/HB 1085, Engrossed 1 2023
2372-
2373-
2374-
2375-CODING: Words stricken are deletions; words underlined are additions.
2376-hb1085-03-e1
2377-Page 65 of 65
2378-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
2379-
2380-
2381-
2382- (b) The policies described in paragraph (a) shall be 1601
2383-issued for at least 6 months and, as to the minimum coverages 1602
2384-required under this section, may not be canceled by the insured 1603
2385-for any reason or by the insurer after 60 days, during which 1604
2386-period the insurer is completing the underwriting of the policy . 1605
2387-After the insurer has issued completed underwriting the policy, 1606
2388-the insurer shall notify the Department of Highway Safety and 1607
2389-Motor Vehicles that the policy is in full force and effect and 1608
2390-is not cancelable for the remainder of the policy period. A 1609
2391-premium shall be collected and the coverage is in effect for the 1610
2392-60-day period during which the insurer is completing the 1611
2393-underwriting of the policy whether or not the person's driver 1612
2394-license, motor vehicle tag, and motor vehicle registration are 1613
2395-in effect. Once the noncancelable provisions of the policy 1614
2396-becomes become effective, the coverages for bodily injury, 1615
2397-property damage, and personal injury protection may not be 1616
2398-reduced below the minimum limits required under s. 324.021 or s. 1617
2399-324.023 during the policy period. 1618
2400- Section 33. Except as otherwise expressly provided in this 1619
2401-act, this act shall take effect July 1, 2023. 1620
29+held by an agency; amending s. 316.2935, F.S.; 16
30+providing an exception to requirements for 17
31+certification of air pollution control equipment by a 18
32+motor vehicle seller, lessor, or transferor; amending 19
33+s. 316.302, F.S.; revising the list of federal rules 20
34+and regulations to which owners and drivers of certain 21
35+commercial motor vehicles are subject; amending s. 22
36+319.14, F.S.; requiring a certificate of title for a 23
37+flood vehicle to specify the type of water that caus ed 24
38+damage to the vehicle; revising the definition of the 25
39+
40+CS/CS/HB 1085 2023
41+
42+
43+
44+CODING: Words stricken are deletions; words underlined are additions.
45+hb1085-02-c2
46+Page 2 of 55
47+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
48+
49+
50+
51+term "flood vehicle"; amending s. 319.23, F.S.; making 26
52+a technical change; amending s. 319.28, F.S.; 27
53+providing that a certain affidavit constitutes proof 28
54+of ownership and right of possession to a mot or 29
55+vehicle or mobile home the previous owner of which 30
56+died testate; amending s. 319.29, F.S.; prohibiting 31
57+the department or a tax collector from charging a fee 32
58+for reissuance of certain certificates of title; 33
59+amending s. 319.30, F.S.; revising and providin g 34
60+definitions; providing requirements for an independent 35
61+entity's release of a damaged or dismantled vessel to 36
62+the owner; authorizing the independent entity to apply 37
63+for certain certificates for an unclaimed vessel; 38
64+providing requirements for such applicat ion; 39
65+specifying provisions to which the independent entity 40
66+is subject; prohibiting the independent entity from 41
67+charging vessel storage fees; amending s. 320.06, 42
68+F.S.; authorizing permanent registration of certain 43
69+rental trucks; authorizing the department t o deem a 44
70+license plate with reduced dimensions to be necessary 45
71+to accommodate trailers; amending s. 320.08056, F.S.; 46
72+providing that a certain discontinuation requirement 47
73+for specialty license plates does not apply to 48
74+collegiate license plates; amending s. 320.08058, 49
75+F.S.; providing that collegiate license plates are not 50
76+
77+CS/CS/HB 1085 2023
78+
79+
80+
81+CODING: Words stricken are deletions; words underlined are additions.
82+hb1085-02-c2
83+Page 3 of 55
84+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
85+
86+
87+
88+subject to specified presale requirements for 51
89+specialty license plates; authorizing the department 52
90+to reauthorize previously discontinued collegiate 53
91+license plates under certain circumstance s; revising 54
92+the distribution and use of fees collected from the 55
93+sale of the Protect Florida Springs license plate; 56
94+revising the words appearing on the American Eagle 57
95+license plate; amending s. 320.084, F.S.; authorizing 58
96+certain disabled veterans to be issu ed a military 59
97+license plate or specialty license plate in lieu of a 60
98+"DV" license plate; specifying applicable fees; 61
99+specifying nonapplicability of certain provisions; 62
100+amending s. 322.01, F.S.; revising and providing 63
101+definitions; amending s. 322.02, F.S.; c harging the 64
102+department with enforcement and administration of 65
103+certain federal provisions; amending s. 322.05, F.S.; 66
104+prohibiting the department from issuing a commercial 67
105+motor vehicle operator license to certain persons; 68
106+amending s. 322.07, F.S.; revising r equirements for 69
107+issuance of a temporary commercial instruction permit; 70
108+amending s. 322.141, F.S.; requiring certain 71
109+information on the driver license or identification 72
110+card of a sexual offender or sexual predator to be 73
111+printed in red; amending s. 322.142, F.S.; authorizing 74
112+the department to issue reproductions of certain files 75
113+
114+CS/CS/HB 1085 2023
115+
116+
117+
118+CODING: Words stricken are deletions; words underlined are additions.
119+hb1085-02-c2
120+Page 4 of 55
121+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
122+
123+
124+
125+and records to certain criminal justice or driver 76
126+licensing agencies for certain purposes; amending s. 77
127+322.21, F.S.; authorizing reinstatement of a 78
128+commercial driver license after a d owngrade of the 79
129+person's privilege to operate a commercial motor 80
130+vehicle under certain circumstances; creating s. 81
131+322.591, F.S.; requiring the department to obtain a 82
132+driver's record from the Commercial Driver's License 83
133+Drug and Alcohol Clearinghouse under certain 84
134+circumstances; prohibiting the department from 85
135+issuing, renewing, transferring, or revising the types 86
136+of authorized vehicles or the endorsements of certain 87
137+commercial driver licenses or commercial instruction 88
138+permits if the department receives a ce rtain 89
139+notification; requiring the department to downgrade a 90
140+commercial driver license or commercial instruction 91
141+permit within a specified timeframe if the department 92
142+receives a certain notification; requiring the 93
143+department to notify certain drivers of the ir 94
144+prohibition from operating a commercial motor vehicle 95
145+and, upon request, afford them an opportunity for an 96
146+informal hearing; providing requirements for such 97
147+notice and hearing; requiring the department to enter 98
148+a final order to downgrade a commercial dr iver license 99
149+or commercial instruction permit under certain 100
150+
151+CS/CS/HB 1085 2023
152+
153+
154+
155+CODING: Words stricken are deletions; words underlined are additions.
156+hb1085-02-c2
157+Page 5 of 55
158+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
159+
160+
161+
162+circumstances; specifying that a request for a hearing 101
163+tolls certain deadlines; specifying that certain 102
164+notifications received by the department must be in 103
165+the record for consideration and are sel f-104
166+authenticating; specifying that the basis for the 105
167+notification and the information in the Commercial 106
168+Driver's License Drug and Alcohol Clearinghouse are 107
169+not subject to challenge; requiring the department to 108
170+dismiss the downgrade of a commercial driver li cense 109
171+or instruction permit under certain circumstances; 110
172+requiring the department to record in the driver's 111
173+record that he or she is disqualified from operating a 112
174+commercial motor vehicle under certain circumstances; 113
175+specifying that certain actions are not stayed during 114
176+the pendency of certain proceedings; requiring the 115
177+department to reinstate a commercial driver license or 116
178+commercial instruction permit under certain 117
179+circumstances; exempting the department from liability 118
180+for certain commercial driver licens e or commercial 119
181+instruction permit downgrades; designating the 120
182+exclusive procedure for the downgrade of commercial 121
183+driver licenses or commercial instruction permits; 122
184+providing construction and applicability; authorizing 123
185+the department to issue at no cost a specified driver 124
186+license to certain persons prohibited from operating a 125
187+
188+CS/CS/HB 1085 2023
189+
190+
191+
192+CODING: Words stricken are deletions; words underlined are additions.
193+hb1085-02-c2
194+Page 6 of 55
195+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
196+
197+
198+
199+commercial motor vehicle; amending ss. 322.34 and 126
200+322.61, F.S.; conforming cross -references; amending 127
201+ss. 324.0221, 324.131, 627.311, and 627.351, F.S.; 128
202+conforming provisions to chang es made by the act; 129
203+amending s. 627.7275, F.S.; removing provisions 130
204+relating to noncancelable motor vehicle insurance; 131
205+providing effective dates. 132
206+ 133
207+Be It Enacted by the Legislature of the State of Florida: 134
208+ 135
209+ Section 1. Paragraph (a) of subsection (1) of section 136
210+207.004, Florida Statutes, is amended to read: 137
211+ 207.004 Registration of motor carriers; identifying 138
212+devices; fees; renewals; temporary fuel -use permits and 139
213+driveaway permits.— 140
214+ (1)(a) A No motor carrier may not shall operate or cause 141
215+to be operated in this state any commercial motor vehicle, other 142
216+than a Florida-based commercial motor vehicle that travels 143
217+Florida intrastate mileage only, that uses diesel fuel or motor 144
218+fuel until such carrier has registered with the department or 145
219+has registered under a cooperative reciprocal agreement as 146
220+described in s. 207.0281, after such time as this state enters 147
221+into such agreement, and has been issued an identifying device 148
222+or such carrier has been issued a permit as authorized under 149
223+subsections (4) and (5) for each vehicle operated. The fee for 150
224+
225+CS/CS/HB 1085 2023
226+
227+
228+
229+CODING: Words stricken are deletions; words underlined are additions.
230+hb1085-02-c2
231+Page 7 of 55
232+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
233+
234+
235+
236+each such identifying device issued is There shall be a fee of 151
237+$4 per year or any fraction thereof for each such identifying 152
238+device issued. The identifying device must shall be provided by 153
239+the department and must be c onspicuously displayed on the 154
240+commercial motor vehicle as prescribed by the department while 155
241+it is being operated on the public highways of this state. The 156
242+transfer of an identifying device from one vehicle to another 157
243+vehicle or from one motor carrier to a nother motor carrier is 158
244+prohibited. The department or its authorized agent shall issue 159
245+licenses and fuel tax decals. 160
246+ Section 2. The Legislature finds that a proper and 161
247+legitimate purpose is served when crash reports required under 162
248+s. 316.066, Florida S tatutes, are filed electronically with the 163
249+Department of Highway Safety and Motor Vehicles by all entities 164
250+required to submit crash reports. Electronic filing will 165
251+expedite the availability of crash reports to the persons 166
252+authorized to receive them, simpli fy the process of making crash 167
253+reports available, and expedite the availability of information 168
254+derived from crash reports to improve highway safety. The 169
255+requirement of this act that all law enforcement agencies that 170
256+prepare crash reports submit the complet ed crash reports 171
257+electronically to the Department of Highway Safety and Motor 172
258+Vehicles applies to all similarly situated persons, including 173
259+school district law enforcement agencies, state university law 174
260+enforcement agencies, and state law enforcement agenc ies. 175
261+
262+CS/CS/HB 1085 2023
263+
264+
265+
266+CODING: Words stricken are deletions; words underlined are additions.
267+hb1085-02-c2
268+Page 8 of 55
269+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
270+
271+
272+
273+Therefore, the Legislature determines and declares that the 176
274+amendments made by this act to s. 316.066, Florida Statutes, 177
275+fulfill an important state interest. 178
276+ Section 3. Effective July 1, 2025, paragraph (a) of 179
277+subsection (1) and paragraph (b) of s ubsection (2) of section 180
278+316.066, Florida Statutes, are amended to read: 181
279+ 316.066 Written reports of crashes ; electronic 182
280+submission.— 183
281+ (1)(a) All traffic law enforcement agencies must provide 184
282+uniform crash reports by electronic means to the department 185
283+using a nonproprietary, interchangeable electronic form and 186
284+reporting method. For purposes of this section, the term 187
285+"nonproprietary" means commonly used and commercially available 188
286+report formats and reporting methods. Such crash reports must be 189
287+consistent with the state traffic crash manual rules and the 190
288+procedures established by the department and must be 191
289+appropriately numbered and inventoried. A Florida Traffic Crash 192
290+Report, Long Form must be completed and electronically submitted 193
291+to the department within 10 days after an investigation is 194
292+completed by the law enforcement officer who in the regular 195
293+course of duty investigates a motor vehicle crash that: 196
294+ 1. Resulted in death of, personal injury to, or any 197
295+indication of complaints of pain or discomfort by an y of the 198
296+parties or passengers involved in the crash; 199
297+ 2. Involved a violation of s. 316.061(1) or s. 316.193; 200
298+
299+CS/CS/HB 1085 2023
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301+
302+
303+CODING: Words stricken are deletions; words underlined are additions.
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305+Page 9 of 55
306+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
307+
308+
309+
310+ 3. Rendered a vehicle inoperable to a degree that required 201
311+a wrecker to remove it from the scene of the crash; or 202
312+ 4. Involved a commercial m otor vehicle. 203
313+ (2) 204
314+ (b) Crash reports held by an agency under paragraph (a) 205
315+may be made immediately available to the parties involved in the 206
316+crash, their legal representatives, their licensed insurance 207
317+agents, their insurers or insurers to which they have applied 208
318+for coverage, persons under contract with such insurers to 209
319+provide claims or underwriting information, law enforcement 210
320+agencies and their contracted service providers, victim services 211
321+programs, and any federal, state, or local governmental agency 212
322+or any private person or entity acting on behalf of a federal, 213
323+state, or local governmental agency in carrying out its 214
324+functions, but not for redistribution to any person or entity 215
325+not listed in this subsection. Crash reports held by an agency 216
326+under paragraph (a) which do not contain the home or employment 217
327+street addresses, driver license or identification card numbers, 218
328+dates of birth, and home and employment telephone numbers of the 219
329+parties involved in the crash shall be made immediately 220
330+available to radio and television stations licensed by the 221
331+Federal Communications Commission and newspapers qualified to 222
332+publish legal notices under ss. 50.011 and 50.031. A crash 223
333+report may also be made available to any third party acting on 224
334+behalf of a person or entity au thorized under this section to 225
335+
336+CS/CS/HB 1085 2023
337+
338+
339+
340+CODING: Words stricken are deletions; words underlined are additions.
341+hb1085-02-c2
342+Page 10 of 55
343+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
344+
345+
346+
347+access the crash report, except that the third party may 226
348+disclose the crash report only to the person or entity 227
349+authorized to access the crash report under this section on 228
350+whose behalf the third party has sought the report. T his section 229
351+shall not prevent an agency, pursuant to a memorandum of 230
352+understanding, from providing data derived from crash reports to 231
353+a third party solely for the purpose of identifying vehicles 232
354+involved in crashes if such data does not reveal the identity , 233
355+home or employment telephone number or home or employment 234
356+address, or other personal information of the parties involved 235
357+in the crash. 236
358+ Section 4. Paragraph (b) of subsection (1) of section 237
359+316.2935, Florida Statutes, is amended to read: 238
360+ 316.2935 Air pollution control equipment; tampering 239
361+prohibited; penalty. — 240
362+ (1) 241
363+ (b) At the time of sale, lease, or transfer of title of a 242
364+motor vehicle, the seller, lessor, or transferor shall certify 243
365+in writing to the purchaser, lessee, or transferee that the air 244
366+pollution control equipment of the motor vehicle has not been 245
367+tampered with by the seller, lessor, or transferor or their 246
368+agents, employees, or other representatives. A licensed motor 247
369+vehicle dealer shall also visually observe those air pollution 248
370+control devices listed by department rule pursuant to subsection 249
371+(7), and certify that they are in place, and appear properly 250
372+
373+CS/CS/HB 1085 2023
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375+
376+
377+CODING: Words stricken are deletions; words underlined are additions.
378+hb1085-02-c2
379+Page 11 of 55
380+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
381+
382+
383+
384+connected and undamaged. Such certification shall not be deemed 251
385+or construed as a warranty that the pollution control devices of 252
386+the subject vehicle are in functional condition, nor does the 253
387+execution or delivery of this certification create by itself 254
388+grounds for a cause of action between the parties to this 255
389+transaction. This paragraph does not apply when the purchaser of 256
390+the motor vehicle is a lessee purchasing the leased motor 257
391+vehicle and the licensed motor vehicle dealer is not in 258
392+possession of the motor vehicle at the time of sale. 259
393+ Section 5. Paragraphs (a), (b), and (e) of subsection (1), 260
394+paragraph (d) of subsection (2), and subsecti on (9) of section 261
395+316.302, Florida Statutes, are amended to read: 262
396+ 316.302 Commercial motor vehicles; safety regulations; 263
397+transporters and shippers of hazardous materials; enforcement. — 264
398+ (1)(a) All owners and drivers of commercial motor vehicles 265
399+that are operated on the public highways of this state while 266
400+engaged in interstate commerce are subject to the rules and 267
401+regulations contained in 49 C.F.R. parts 382, 383, 384, 385, 268
402+386, and 390-397. 269
403+ (b) Except as otherwise provided in this section, all 270
404+owners and drivers of commercial motor vehicles that are engaged 271
405+in intrastate commerce are subject to the rules and regulations 272
406+contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390-273
407+397, as such rules and regulations existed on December 31, 2022 274
408+2020. 275
409+
410+CS/CS/HB 1085 2023
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412+
413+
414+CODING: Words stricken are deletions; words underlined are additions.
415+hb1085-02-c2
416+Page 12 of 55
417+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
418+
419+
420+
421+ (e) A person who operates a commercial motor vehicle 276
422+solely in intrastate commerce which does not transport hazardous 277
423+materials in amounts that require placarding pursuant to 49 278
424+C.F.R. part 172 need not comply with the requirements of 279
425+electronic logging dev ices and hours of service supporting 280
426+documents as provided in 49 C.F.R. parts 385, 386, 390, and 395 281
427+until December 31, 2019. 282
428+ (2) 283
429+ (d) A person who operates a commercial motor vehicle 284
430+solely in intrastate commerce not transporting any hazardous 285
431+material in amounts that require placarding pursuant to 49 286
432+C.F.R. part 172 within a 150 air -mile radius of the location 287
433+where the vehicle is based need not comply with 49 C.F.R. ss. 288
434+395.8 and 395.11 s. 395.8 if the requirements of 49 C.F.R. s. 289
435+395.1(e)(1) (iii) and (iv) s. 395.1(e)(1)(ii), (iii)(A) and (C), 290
436+and (v) are met. 291
437+ (9) For the purpose of enforcing this section, any law 292
438+enforcement officer of the Department of Highway Safety and 293
439+Motor Vehicles or duly appointed agent who holds a current 294
440+safety inspector certification from the Commercial Vehicle 295
441+Safety Alliance may require the driver of any commercial vehicle 296
442+operated on the highways of this state to stop and submit to an 297
443+inspection of the vehicle or the driver's records. If the 298
444+vehicle or driver is found to be operating in an unsafe 299
445+condition, or if any required part or equipment is not present 300
446+
447+CS/CS/HB 1085 2023
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450+
451+CODING: Words stricken are deletions; words underlined are additions.
452+hb1085-02-c2
453+Page 13 of 55
454+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
455+
456+
457+
458+or is not in proper repair or adjustment, and the continued 301
459+operation would present an unduly hazardous operating condition, 302
460+the officer or agent may require the vehi cle or the driver to be 303
461+removed from service pursuant to the North American Standard 304
462+Out-of-Service Criteria, until corrected. However, if continuous 305
463+operation would not present an unduly hazardous operating 306
464+condition, the officer or agent may give written notice 307
465+requiring correction of the condition within 15 days. 308
466+ (a) Any member of the Florida Highway Patrol or any law 309
467+enforcement officer employed by a sheriff's office or municipal 310
468+police department authorized to enforce the traffic laws of this 311
469+state pursuant to s. 316.640 who has reason to believe that a 312
470+vehicle or driver is operating in an unsafe condition may, as 313
471+provided in subsection (11), enforce the provisions of this 314
472+section. 315
473+ (b) Any person who fails to comply with a an officer's 316
474+request to submit to an inspection under this subsection commits 317
475+a violation of s. 843.02 if the person resists the officer 318
476+without violence or a violation of s. 843.01 if the person 319
477+resists the officer with violence. 320
478+ Section 6. Paragraphs (b) and (c) of subsection (1) of 321
479+section 319.14, Florida Statutes, are amended to read: 322
480+ 319.14 Sale of motor vehicles registered or used as 323
481+taxicabs, police vehicles, lease vehicles, rebuilt vehicles, 324
482+nonconforming vehicles, custom vehicles, or street rod vehicles; 325
483+
484+CS/CS/HB 1085 2023
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486+
487+
488+CODING: Words stricken are deletions; words underlined are additions.
489+hb1085-02-c2
490+Page 14 of 55
491+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
492+
493+
494+
495+conversion of low-speed vehicles.— 326
496+ (1) 327
497+ (b) A person may not knowingly offer for sale, sell, or 328
498+exchange a rebuilt vehicle until the department has stamped in a 329
499+conspicuous place on the certificate of title for the vehicle 330
500+words stating that the vehicle has been rebu ilt or assembled 331
501+from parts, or is a kit car, glider kit, replica, flood vehicle, 332
502+custom vehicle, or street rod vehicle unless proper application 333
503+for a certificate of title for a vehicle that is rebuilt or 334
504+assembled from parts, or is a kit car, glider kit, replica, 335
505+flood vehicle, custom vehicle, or street rod vehicle has been 336
506+made to the department in accordance with this chapter and the 337
507+department has conducted the physical examination of the vehicle 338
508+to assure the identity of the vehicle and all major comp onent 339
509+parts, as defined in s. 319.30(1), which have been repaired or 340
510+replaced. If a vehicle is identified as a flood vehicle, the 341
511+words stamped on the certificate of title must identify the type 342
512+of water that caused damage to the vehicle as "salt water," 343
513+"fresh water," or "other or unknown water type," as applicable. 344
514+Thereafter, the department shall affix a decal to the vehicle, 345
515+in the manner prescribed by the department, showing the vehicle 346
516+to be rebuilt. 347
517+ (c) As used in this section, the term: 348
518+ 9.1. "Police vehicle" means a motor vehicle owned or 349
519+leased by the state or a county or municipality and used in law 350
520+
521+CS/CS/HB 1085 2023
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523+
524+
525+CODING: Words stricken are deletions; words underlined are additions.
526+hb1085-02-c2
527+Page 15 of 55
528+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
529+
530+
531+
532+enforcement. 351
533+ 13.2.a. "Short-term-lease vehicle" means a motor vehicle 352
534+leased without a driver and under a written agreement to one or 353
535+more persons from time to time for a period of less than 12 354
536+months. 355
537+ 7.b. "Long-term-lease vehicle" means a motor vehicle 356
538+leased without a driver and under a written agreement to one 357
539+person for a period of 12 months or longer. 358
540+ 6.c. "Lease vehicle" includes bo th short-term-lease 359
541+vehicles and long-term-lease vehicles. 360
542+ 10.3. "Rebuilt vehicle" means a motor vehicle or mobile 361
543+home built from salvage or junk, as defined in s. 319.30(1). 362
544+ 1.4. "Assembled from parts" means a motor vehicle or 363
545+mobile home assembled f rom parts or combined from parts of motor 364
546+vehicles or mobile homes, new or used. The term "assembled from 365
547+parts" does not include mean a motor vehicle defined as a 366
548+"rebuilt vehicle as defined" in subparagraph 10. 3., which has 367
549+been declared a total loss pu rsuant to s. 319.30. 368
550+ 5. "Kit car" means a motor vehicle assembled with a kit 369
551+supplied by a manufacturer to rebuild a wrecked or outdated 370
552+motor vehicle with a new body kit. 371
553+ 4.6. "Glider kit" means a vehicle assembled with a kit 372
554+supplied by a manufacture r to rebuild a wrecked or outdated 373
555+truck or truck tractor. 374
556+ 11.7. "Replica" means a complete new motor vehicle 375
557+
558+CS/CS/HB 1085 2023
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560+
561+
562+CODING: Words stricken are deletions; words underlined are additions.
563+hb1085-02-c2
564+Page 16 of 55
565+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
566+
567+
568+
569+manufactured to look like an old vehicle. 376
570+ 3.8. "Flood vehicle" means a motor vehicle or mobile home 377
571+that has been declared to be a total loss pursuant to s. 378
572+319.30(3)(a) resulting from damage caused by salt water, fresh 379
573+water, or other or unknown type of water. 380
574+ 8.9. "Nonconforming vehicle" means a motor vehicle that 381
575+which has been purchased by a manufacturer pursuant to a 382
576+settlement, determination, or decision under chapter 681. 383
577+ 12.10. "Settlement" means an agreement entered into 384
578+between a manufacturer and a consumer which that occurs after a 385
579+dispute is submitted to a pr ogram, or to an informal dispute 386
580+settlement procedure established by a manufacturer, or is 387
581+approved for arbitration before the Florida New Motor Vehicle 388
582+Arbitration Board as defined in s. 681.102. 389
583+ 2.11. "Custom vehicle" means a motor vehicle that: 390
584+ a. Is 25 years of age or older and of a model year after 391
585+1948 or was manufactured to resemble a vehicle that is 25 years 392
586+of age or older and of a model year after 1948; and 393
587+ b. Has been altered from the manufacturer's original 394
588+design or has a body constructed from nonoriginal materials. 395
589+ 396
590+The model year and year of manufacture that the body of a custom 397
591+vehicle resembles is the model year and year of manufacture 398
592+listed on the certificate of title, regardless of when the 399
593+vehicle was actually manufactured. 400
594+
595+CS/CS/HB 1085 2023
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597+
598+
599+CODING: Words stricken are deletions; words underlined are additions.
600+hb1085-02-c2
601+Page 17 of 55
602+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
603+
604+
605+
606+ 14.12. "Street rod" means a motor vehicle that: 401
607+ a. Is of a model year of 1948 or older or was manufactured 402
608+after 1948 to resemble a vehicle of a model year of 1948 or 403
609+older; and 404
610+ b. Has been altered from the manufacturer's original 405
611+design or has a body const ructed from nonoriginal materials. 406
612+ 407
613+The model year and year of manufacture that the body of a street 408
614+rod resembles is the model year and year of manufacture listed 409
615+on the certificate of title, regardless of when the vehicle was 410
616+actually manufactured. 411
617+ Section 7. Subsection (3) of section 319.23, Florida 412
618+Statutes, is amended to read: 413
619+ 319.23 Application for, and issuance of, certificate of 414
620+title.— 415
621+ (3) If a certificate of title has not previously been 416
622+issued for a motor vehicle or mobile home in this st ate, the 417
623+application, unless otherwise provided for in this chapter, 418
624+shall be accompanied by a proper bill of sale or sworn statement 419
625+of ownership, or a duly certified copy thereof, or by a 420
626+certificate of title, bill of sale, or other evidence of 421
627+ownership required by the law of the state or country county 422
628+from which the motor vehicle or mobile home was brought into 423
629+this state. The application shall also be accompanied by: 424
630+ (a)1. A sworn affidavit from the seller and purchaser 425
631+
632+CS/CS/HB 1085 2023
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634+
635+
636+CODING: Words stricken are deletions; words underlined are additions.
637+hb1085-02-c2
638+Page 18 of 55
639+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
640+
641+
642+
643+verifying that the vehicle id entification number shown on the 426
644+affidavit is identical to the vehicle identification number 427
645+shown on the motor vehicle; or 428
646+ 2. An appropriate departmental form evidencing that a 429
647+physical examination has been made of the motor vehicle by the 430
648+owner and by a duly constituted law enforcement officer in any 431
649+state, a licensed motor vehicle dealer, a license inspector as 432
650+provided by s. 320.58, or a notary public commissioned by this 433
651+state and that the vehicle identification number shown on such 434
652+form is identical to the vehicle identification number shown on 435
653+the motor vehicle; and 436
654+ (b) If the vehicle is a used car original, a sworn 437
655+affidavit from the owner verifying that the odometer reading 438
656+shown on the affidavit is identical to the odometer reading 439
657+shown on the motor vehicle in accordance with the requirements 440
658+of 49 C.F.R. s. 580.5 at the time that application for title is 441
659+made. For the purposes of this section, the term "used car 442
660+original" means a used vehicle coming into and being titled in 443
661+this state for the first time. 444
662+ (c) If the vehicle is an ancient or antique vehicle, as 445
663+defined in s. 320.086, the application shall be accompanied by a 446
664+certificate of title; a bill of sale and a registration; or a 447
665+bill of sale and an affidavit by the owner defending the ti tle 448
666+from all claims. The bill of sale must contain a complete 449
667+vehicle description to include the vehicle identification or 450
668+
669+CS/CS/HB 1085 2023
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671+
672+
673+CODING: Words stricken are deletions; words underlined are additions.
674+hb1085-02-c2
675+Page 19 of 55
676+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
677+
678+
679+
680+engine number, year make, color, selling price, and signatures 451
681+of the seller and purchaser. 452
682+ 453
683+Verification of the vehicle identificati on number is not 454
684+required for any new motor vehicle; any mobile home; any trailer 455
685+or semitrailer with a net weight of less than 2,000 pounds; or 456
686+any travel trailer, camping trailer, truck camper, or fifth -457
687+wheel recreation trailer. 458
688+ Section 8. Paragraphs (c) and (d) of subsection (1) of 459
689+section 319.28, Florida Statutes, are redesignated as paragraphs 460
690+(d) and (e), respectively, and a new paragraph (c) is added to 461
691+that subsection to read: 462
692+ 319.28 Transfer of ownership by operation of law. — 463
693+ (1) 464
694+ (c) If the previous owner died testate and the application 465
695+for a certificate of title is made by, and accompanied by an 466
696+affidavit attested by, a Florida -licensed attorney in good 467
697+standing with The Florida Bar who is representing the previous 468
698+owner's estate, such af fidavit shall, for purposes of paragraph 469
699+(a), constitute satisfactory proof of ownership and right of 470
700+possession to the motor vehicle or mobile home, so long as the 471
701+affidavit sets forth the rightful heir or heirs and the attorney 472
702+attests in the affidavit t hat such heir or heirs are lawfully 473
703+entitled to the rights of ownership and possession of the motor 474
704+vehicle or mobile home. It shall not be necessary for the 475
705+
706+CS/CS/HB 1085 2023
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708+
709+
710+CODING: Words stricken are deletions; words underlined are additions.
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713+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
714+
715+
716+
717+application for certificate of title filed under this paragraph 476
718+to be accompanied by a copy of the will or other testamentary 477
719+instrument. 478
720+ Section 9. Subsection (3) of section 319.29, Florida 479
721+Statutes, is amended to read: 480
722+ 319.29 Lost or destroyed certificates. — 481
723+ (3) If, following the issuance of an original, duplicate, 482
724+or corrected certificate of title by the department, the 483
725+certificate is lost in transit and is not delivered to the 484
726+addressee, the owner of the motor vehicle or mobile home, or the 485
727+holder of a lien thereon, may, within 180 days after of the date 486
728+of issuance of the title, apply to th e department for reissuance 487
729+of the certificate of title. An No additional fee shall not be 488
730+charged by the department or a tax collector, as agent for the 489
731+department, for reissuance under this subsection. 490
732+ Section 10. Paragraphs (g) and (j) of subsection (1) and 491
733+subsection (9) of section 319.30, Florida Statutes, are amended, 492
734+and paragraph (y) is added to subsection (1) of that section, to 493
735+read: 494
736+ 319.30 Definitions; dismantling, destruction, change of 495
737+identity of motor vehicle or mobile home; salvage. — 496
738+ (1) As used in this section, the term: 497
739+ (g) "Independent entity" means a business or entity that 498
740+may temporarily store damaged or dismantled motor vehicles or 499
741+vessels pursuant to an agreement with an insurance company and 500
742+
743+CS/CS/HB 1085 2023
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745+
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750+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
751+
752+
753+
754+is engaged in the sale or resale of damaged or dismantled motor 501
755+vehicles or vessels. The term does not include a wrecker 502
756+operator, a towing company, or a repair facility. 503
757+ (j) "Major component parts" means: 504
758+ 1. For motor vehicles other than motorcycles and electric, 505
759+hybrid, or plug-in hybrid motor vehicles , any fender, hood, 506
760+bumper, cowl assembly, rear quarter panel, trunk lid, door, 507
761+decklid, floor pan, engine, frame, transmission, catalytic 508
762+converter, or airbag. 509
763+ 2. For trucks other than electric, hybrid, or plug -in 510
764+hybrid motor vehicles, in addition to those parts listed in 511
765+subparagraph 1., any truck bed, including dump, wrecker, crane, 512
766+mixer, cargo box, or any bed which mounts to a truck frame. 513
767+ 3. For motorcycles, the body assembly, frame, fenders, gas 514
768+tanks, engine, cylinder block , heads, engine case, crank case, 515
769+transmission, drive train, front fork assembly, and wheels. 516
770+ 4. For mobile homes, the frame. 517
771+ 5. For electric, hybrid, or plug -in hybrid motor vehicles, 518
772+any fender, hood, bumper, cowl assembly, rear quarter panel, 519
773+trunk lid, door, decklid, floor pan, engine, electric traction 520
774+motor, frame, transmission or electronic transmission, charge 521
775+port, DC power converter, onboard charger, power electronics 522
776+controller, thermal system, traction battery pack, catalytic 523
777+converter, or airbag. 524
778+ (y) "Vessel" has the same meaning as provided in s. 525
779+
780+CS/CS/HB 1085 2023
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782+
783+
784+CODING: Words stricken are deletions; words underlined are additions.
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787+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
788+
789+
790+
791+713.78(1)(b). 526
792+ (9)(a) An insurance company may notify an independent 527
793+entity that obtains possession of a damaged or dismantled motor 528
794+vehicle or vessel to release the vehicle or vessel to the owner. 529
795+The insurance company shall provide the independent entity a 530
796+release statement on a form prescribed by the department 531
797+authorizing the independent entity to release the vehicle or 532
798+vessel to the owner or lienholder. The form must, at a minimum, 533
799+contain the following: 534
800+ 1. The policy and claim number. 535
801+ 2. The name and address of the insured. 536
802+ 3. The vehicle identification number or vessel hull 537
803+identification number . 538
804+ 4. The signature of an authorized representative of the 539
805+insurance company. 540
806+ (b) The independent entity in possession of a motor 541
807+vehicle or vessel must send a notice to the owner that the 542
808+vehicle or vessel is available for pickup when it receives a 543
809+release statement from the insurance company. The notice shall 544
810+be sent by certified mail or by another commercially available 545
811+delivery service that provides proof of delivery to the owner at 546
812+the owner's address contained in the department's records. The 547
813+notice must state that the owner has 30 days after delivery of 548
814+the notice to the owner at the ow ner's address to pick up the 549
815+vehicle or vessel from the independent entity. If the motor 550
816+
817+CS/CS/HB 1085 2023
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820+
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824+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
825+
826+
827+
828+vehicle or vessel is not claimed within 30 days after the 551
829+delivery or attempted delivery of the notice, the independent 552
830+entity may apply for a certificate of destructi on, a salvage 553
831+certificate of title, or a certificate of title. For a hull-554
832+damaged vessel, the independent entity shall comply with s. 555
833+328.045 as applicable. 556
834+ (c) If the department's records do not contain the owner's 557
835+address, the independent entity must d o all of the following: 558
836+ 1. Send a notice that meets the requirements of paragraph 559
837+(b) to the owner's address that is provided by the insurance 560
838+company in the release statement. 561
839+ 2. For a vehicle, identify the latest titling jurisdiction 562
840+of the vehicle through use of the National Motor Vehicle Title 563
841+Information System or an equivalent commercially available 564
842+system and attempt to obtain the owner's address from that 565
843+jurisdiction. If the jurisdiction returns an address that is 566
844+different from the owner's add ress provided by the insurance 567
845+company, the independent entity must send a notice that meets 568
846+the requirements of paragraph (b) to both addresses. 569
847+ (d) The independent entity shall maintain for at least a 570
848+minimum of 3 years the records related to the 30 -day notice sent 571
849+to the owner. For vehicles, the independent entity shall also 572
850+maintain for at least 3 years the results of searches of the 573
851+National Motor Vehicle Title Information System or an equivalent 574
852+commercially available system , and the notification to the 575
853+
854+CS/CS/HB 1085 2023
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858+CODING: Words stricken are deletions; words underlined are additions.
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861+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
862+
863+
864+
865+National Motor Vehicle Title Information System made pursuant to 576
866+paragraph (e). 577
867+ (e) The independent entity shall make the required 578
868+notification to the National Motor Vehicle Title Information 579
869+System before releasing any damaged or dismantled motor v ehicle 580
870+to the owner or before applying for a certificate of destruction 581
871+or salvage certificate of title. The independent entity is not 582
872+required to notify the National Motor Vehicle Title Information 583
873+System before releasing any damaged or dismantled vessel to the 584
874+owner or before applying for a certificate of title. 585
875+ (f) Upon applying for a certificate of destruction , or 586
876+salvage certificate of title, or certificate of title, the 587
877+independent entity shall provide a copy of the release statement 588
878+from the insurance company to the independent entity, proof of 589
879+providing the 30-day notice to the owner, proof of notification 590
880+to the National Motor Vehicle Title Information System if 591
881+required, proof of all lien satisfactions or proof of a release 592
882+of all liens on the mo tor vehicle or vessel, and applicable 593
883+fees. If the independent entity is unable to obtain a lien 594
884+satisfaction or a release of all liens on the motor vehicle or 595
885+vessel, the independent entity must provide an affidavit stating 596
886+that notice was sent to all lie nholders that the motor vehicle 597
887+or vessel is available for pickup, 30 days have passed since the 598
888+notice was delivered or attempted to be delivered pursuant to 599
889+this section, attempts have been made to obtain a release from 600
890+
891+CS/CS/HB 1085 2023
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898+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
899+
900+
901+
902+all lienholders, and all such atte mpts have been to no avail. 601
903+The notice to lienholders and attempts to obtain a release from 602
904+lienholders may be by written request delivered in person or by 603
905+certified mail or another commercially available delivery 604
906+service that provides proof of delivery to the lienholder at the 605
907+lienholder's address as provided on the certificate of title and 606
908+to the address designated with the Department of State pursuant 607
909+to s. 655.0201(2) if such address is different. 608
910+ (g) The independent entity may not charge an owner of the 609
911+vehicle or vessel storage fees or apply for a title under s. 610
912+713.585 or s. 713.78. 611
913+ Section 11. Paragraph (b) of subsection (1) and paragraph 612
914+(a) of subsection (3) of section 320.06, Florida Statutes, are 613
915+amended to read: 614
916+ 320.06 Registration certi ficates, license plates, and 615
917+validation stickers generally. — 616
918+ (1) 617
919+ (b)1. Registration license plates bearing a graphic symbol 618
920+and the alphanumeric system of identification shall be issued 619
921+for a 10-year period. At the end of the 10 -year period, upon 620
922+renewal, the plate shall be replaced. The department shall 621
923+extend the scheduled license plate replacement date from a 6 -622
924+year period to a 10-year period. The fee for such replacement is 623
925+$28, $2.80 of which shall be paid each year before the plate is 624
926+replaced, to be credited toward the next $28 replacement fee. 625
927+
928+CS/CS/HB 1085 2023
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935+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
936+
937+
938+
939+The fees shall be deposited into the Highway Safety Operating 626
940+Trust Fund. A credit or refund may not be given for any prior 627
941+years' payments of the prorated replacement fee if the plate is 628
942+replaced or surrendered before the end of the 10 -year period, 629
943+except that a credit may be given if a registrant is required by 630
944+the department to replace a license plate under s. 631
945+320.08056(8)(a). With each license plate, a validation sticker 632
946+shall be issued showing the owner' s birth month, license plate 633
947+number, and the year of expiration or the appropriate renewal 634
948+period if the owner is not a natural person. The validation 635
949+sticker shall be placed on the upper right corner of the license 636
950+plate. The license plate and validation sticker shall be issued 637
951+based on the applicant's appropriate renewal period. The 638
952+registration period is 12 months, the extended registration 639
953+period is 24 months, and all expirations occur based on the 640
954+applicant's appropriate registration period. Rental veh icles 641
955+taxed pursuant to s. 320.08(6)(a) and rental trucks taxed 642
956+pursuant to s. 320.08(3)(a), (b), and (c) and (4)(a) -(d) may 643
957+elect a permanent registration period, provided payment of the 644
958+appropriate license taxes and fees occurs annually. 645
959+ 2. A vehicle that has an apportioned registration shall be 646
960+issued an annual license plate and a cab card that denote the 647
961+declared gross vehicle weight for each apportioned jurisdiction 648
962+in which the vehicle is authorized to operate. This subparagraph 649
963+expires June 30, 202 4. 650
964+
965+CS/CS/HB 1085 2023
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972+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
973+
974+
975+
976+ 3. Beginning July 1, 2024, a vehicle registered in 651
977+accordance with the International Registration Plan must be 652
978+issued a license plate for a 3 -year period. At the end of the 3 -653
979+year period, upon renewal, the license plate must be replaced. 654
980+Each license plate must include a validation sticker showing the 655
981+month of expiration. A cab card denoting the declared gross 656
982+vehicle weight for each apportioned jurisdiction must be issued 657
983+annually. The fee for an original or a renewal cab card is $28, 658
984+which must be deposited into the Highway Safety Operating Trust 659
985+Fund. If the license plate is damaged or worn, it may be 660
986+replaced at no charge by applying to the department and 661
987+surrendering the current license plate. 662
988+ 4. In order to retain the efficient administration of the 663
989+taxes and fees imposed by this chapter, the 80 -cent fee increase 664
990+in the replacement fee imposed by chapter 2009 -71, Laws of 665
991+Florida, is negated as provided in s. 320.0804. 666
992+ (3)(a) Registration license plates must be made of metal 667
993+specially treated wi th a retroreflection material, as specified 668
994+by the department. The registration license plate is designed to 669
995+increase nighttime visibility and legibility and must be at 670
996+least 6 inches wide and not less than 12 inches in length, 671
997+unless a plate with reduced dimensions is deemed necessary by 672
998+the department to accommodate motorcycles, mopeds, or similar 673
999+smaller vehicles, or trailers. Validation stickers must also be 674
1000+treated with a retroreflection material, must be of such size as 675
1001+
1002+CS/CS/HB 1085 2023
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1006+CODING: Words stricken are deletions; words underlined are additions.
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1009+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
1010+
1011+
1012+
1013+specified by the department, an d must adhere to the license 676
1014+plate. The registration license plate must be imprinted with a 677
1015+combination of bold letters and numerals or numerals, not to 678
1016+exceed seven digits, to identify the registration license plate 679
1017+number. The license plate must be impri nted with the word 680
1018+"Florida" at the top and the name of the county in which it is 681
1019+sold, the state motto, or the words "Sunshine State" at the 682
1020+bottom. Apportioned license plates must have the word 683
1021+"Apportioned" at the bottom, and license plates issued for 684
1022+vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or 685
1023+(c), or (14) must have the word "Restricted" at the bottom. 686
1024+License plates issued for vehicles taxed under s. 320.08(12) 687
1025+must be imprinted with the word "Florida" at the top and the 688
1026+word "Dealer" at the bottom unless the license plate is a 689
1027+specialty license plate as authorized in s. 320.08056. 690
1028+Manufacturer license plates issued for vehicles taxed under s. 691
1029+320.08(12) must be imprinted with the word "Florida" at the top 692
1030+and the word "Manufacturer" at the bottom. License plates issued 693
1031+for vehicles taxed under s. 320.08(5)(d) or (e) must be 694
1032+imprinted with the word "Wrecker" at the bottom. Any county may, 695
1033+upon majority vote of the county commission, elect to have the 696
1034+county name removed from the licens e plates sold in that county. 697
1035+The state motto or the words "Sunshine State" shall be printed 698
1036+in lieu thereof. A license plate issued for a vehicle taxed 699
1037+under s. 320.08(6) may not be assigned a registration license 700
1038+
1039+CS/CS/HB 1085 2023
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1046+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
1047+
1048+
1049+
1050+number, or be issued with any other disti nctive character or 701
1051+designation, that distinguishes the motor vehicle as a for -hire 702
1052+motor vehicle. 703
1053+ Section 12. Paragraph (f) of subsection (8) of section 704
1054+320.08056, Florida Statutes, is amended to read: 705
1055+ 320.08056 Specialty license plates. — 706
1056+ (8) 707
1057+ (f) Notwithstanding paragraph (a), on January 1 of each 708
1058+year, the department shall discontinue the specialty license 709
1059+plate with the fewest number of plates in circulation, including 710
1060+license plates exempt from a statutory sales requirement. The 711
1061+department shall mail a warning letter to the sponsoring 712
1062+organizations of the 10 percent of specialty license plates with 713
1063+the lowest number of valid, active registrations as of December 714
1064+1 of each year. This paragraph does not apply to collegiate 715
1065+license plates establishe d under s. 320.08058(3). 716
1066+ Section 13. Subsections (3) and (58) and paragraph (a) of 717
1067+subsection (95) of section 320.08058, Florida Statutes, are 718
1068+amended to read: 719
1069+ 320.08058 Specialty license plates. — 720
1070+ (3) COLLEGIATE LICENSE PLATES. — 721
1071+ (a) The department shall develop a collegiate license 722
1072+plate as provided in this section for state and independent 723
1073+universities domiciled in this state. However, any collegiate 724
1074+license plate created or established after October 1, 2002, must 725
1075+
1076+CS/CS/HB 1085 2023
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1078+
1079+
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1083+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
1084+
1085+
1086+
1087+comply with the requirements of s. 320.08053 other than the 726
1088+presale requirements in s. 320.08053(2)(b) and be specifically 727
1089+authorized by an act of the Legislature. Collegiate license 728
1090+plates must bear the colors and design approved by the 729
1091+department as appropriate for each state and indep endent 730
1092+university. The word "Florida" must be stamped across the bottom 731
1093+of the plate in small letters. 732
1094+ (b) A collegiate plate annual use fee is to be distributed 733
1095+to the state or independent university foundation designated by 734
1096+the purchaser for deposit in an unrestricted account. The Board 735
1097+of Governors of the State University System shall require each 736
1098+state university to submit a plan for approval of the 737
1099+expenditure of all funds so designated. These funds may be used 738
1100+only for academic enhancement, includin g scholarships and 739
1101+private fundraising activities. 740
1102+ (c) If a collegiate license plate has previously been 741
1103+discontinued pursuant to s. 320.08056(8)(f), the department may 742
1104+reauthorize the collegiate license plate if the state or 743
1105+independent university resub mits the collegiate license plate 744
1106+for authorization. 745
1107+ (58) PROTECT FLORIDA SPRINGS LICENSE PLATES. — 746
1108+ (a) The department shall develop a Protect Florida Springs 747
1109+license plate as provided in this section. The word "Florida" 748
1110+must appear at the top of the pl ate, and the words "Protect 749
1111+Florida Springs" must appear at the bottom of the plate. 750
1112+
1113+CS/CS/HB 1085 2023
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1120+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
1121+
1122+
1123+
1124+ (b) The annual use fees shall be distributed to the Fish & 751
1125+Wildlife Foundation of Florida, Inc., a citizen support 752
1126+organization created pursuant to s. 379.223, which sha ll 753
1127+administer the fees as follows: 754
1128+ 1. Wildlife Foundation of Florida, Inc., shall retain the 755
1129+first $60,000 of the annual use fees as direct reimbursement for 756
1130+administrative costs, startup costs, and costs incurred in the 757
1131+development and approval process. 758
1132+ 1.2. Up to Thereafter, a maximum of 10 percent of the fees 759
1133+may be used for administrative costs directly associated with 760
1134+education programs, conservation, springs research, and grant 761
1135+administration of the foundation. A maximum of 15 percent of the 762
1136+fees may be used for continuing promotion a nd marketing of the 763
1137+license plate. 764
1138+ 2.3. At least 75 55 percent of the fees shall be available 765
1139+for the conservation of Florida's freshwater springs, including 766
1140+scientific research, springs habitat restoration, springs 767
1141+protection, and public education regar ding springs competitive 768
1142+grants for targeted community -based springs research not 769
1143+currently available for state funding. The remaining 20 percent 770
1144+shall be directed toward community outreach programs aimed at 771
1145+implementing such research findings . The majority of funds shall 772
1146+be awarded via competitive grants shall be administered and 773
1147+approved by the board of directors of the Fish & Wildlife 774
1148+Foundation of Florida , Inc., with input from a . The granting 775
1149+
1150+CS/CS/HB 1085 2023
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1157+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
1158+
1159+
1160+
1161+advisory committee shall be composed of nine members, includ ing 776
1162+one representative from the Fish and Wildlife Conservation 777
1163+Commission, one representative from the Department of 778
1164+Environmental Protection, one representative from the Department 779
1165+of Health, one representative from the Department of Economic 780
1166+Opportunity, three citizen representatives, and two 781
1167+representatives from nonprofit stakeholder groups. 782
1168+ 4. The remaining funds shall be distributed with the 783
1169+approval of and accountability to the board of directors of the 784
1170+Wildlife Foundation of Florida, and shall be u sed to support 785
1171+activities contributing to education, outreach, and springs 786
1172+conservation. 787
1173+ (95) AMERICAN EAGLE LICENSE PLATES. — 788
1174+ (a) The department shall develop an American Eagle license 789
1175+plate as provided in this section and s. 320.08053. The plate 790
1176+must bear the colors and design approved by the department. The 791
1177+word "Florida" must appear at the top of the plate, and the 792
1178+words "Protect the Eagle In God We Trust" must appear at the 793
1179+bottom of the plate. 794
1180+ Section 14. Subsection (1) of section 320.084, Flor ida 795
1181+Statutes, is amended, and subsection (6) is added to that 796
1182+section, to read: 797
1183+ 320.084 Free motor vehicle license plate to certain 798
1184+disabled veterans.— 799
1185+ (1) One free "DV" motor vehicle license number plate shall 800
1186+
1187+CS/CS/HB 1085 2023
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1189+
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1194+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
1195+
1196+
1197+
1198+be issued by the department for use on an y motor vehicle owned 801
1199+or leased by any disabled veteran who has been a resident of 802
1200+this state continuously for the preceding 5 years or has 803
1201+established a domicile in this state as provided by s. 804
1202+222.17(1), (2), or (3), and who has been honorably discharged 805
1203+from the United States Armed Forces, upon application, 806
1204+accompanied by proof that: 807
1205+ (a) A vehicle was initially acquired through financial 808
1206+assistance by the United States Department of Veterans Affairs 809
1207+or its predecessor specifically for the purchase of a n 810
1208+automobile; 811
1209+ (b) The applicant has been determined by the United States 812
1210+Department of Veterans Affairs or its predecessor to have a 813
1211+service-connected 100-percent disability rating for 814
1212+compensation; or 815
1213+ (c) The applicant has been determined to have a se rvice-816
1214+connected disability rating of 100 percent and is in receipt of 817
1215+disability retirement pay from any branch of the United States 818
1216+Armed Services. 819
1217+ (6)(a) A disabled veteran who meets the requirements of 820
1218+subsection (1) may be issued, in lieu of the "DV" license plate, 821
1219+a military license plate for which he or she is eligible or a 822
1220+specialty license plate. A disabled veteran electing a military 823
1221+license plate or specialty license plate under this subsection 824
1222+must pay all applicable fees related to such licens e plate, 825
1223+
1224+CS/CS/HB 1085 2023
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1231+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
1232+
1233+
1234+
1235+except for fees otherwise waived under subsections (1) and (4). 826
1236+ (b) A military license plate or specialty license plate 827
1237+elected under this subsection: 828
1238+ 1. Does not provide the protections or rights afforded by 829
1239+ss. 316.1955, 316.1964, 320.0848, 526.141, and 553.5041. 830
1240+ 2. Is not eligible for the international symbol of 831
1241+accessibility as described in s. 320.0842. 832
1242+ Section 15. Subsections (16) through (48) of section 833
1243+322.01, Florida Statutes, are renumbered as subsections (17) 834
1244+through (49), respectively, subsection (5) and present 835
1245+subsections (37) and (41) of that section are amended, and a new 836
1246+subsection (16) is added to that section, to read: 837
1247+ 322.01 Definitions. —As used in this chapter: 838
1248+ (5) "Cancellation" means the act of declaring a driver 839
1249+license void and terminated but does not include a downgrade . 840
1250+ (16) "Downgrade" has the same meaning as provided in 841
1251+paragraph (4) of the definition of the term "CDL downgrade" in 842
1252+49 C.F.R. s. 383.5. 843
1253+ (38)(37) "Revocation" means the termination of a 844
1254+licensee's privilege to drive but does not include a downgrade . 845
1255+ (42)(41) "Suspension" means the temporary withdrawal of a 846
1256+licensee's privilege to drive a motor vehicle but does not 847
1257+include a downgrade. 848
1258+ Section 16. Subsection (2) of section 322.02, Florida 849
1259+Statutes, is amended to read: 850
1260+
1261+CS/CS/HB 1085 2023
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1268+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
1269+
1270+
1271+
1272+ 322.02 Legislative intent; administration. — 851
1273+ (2) The Department of Highway Safety and Motor Vehicles is 852
1274+charged with the administration and function of enforcement of 853
1275+the provisions of this chapter and the enforcement and 854
1276+administration of 49 C.F.R. parts 382 -386 and 390-397. 855
1277+ Section 17. Subsections (4) through (12) of section 856
1278+322.05, Florida Statutes, are renumbered as subsections (5) 857
1279+through (13), respectively, and a new subsection (4) is added to 858
1280+that section to read : 859
1281+ 322.05 Persons not to be licensed. —The department may not 860
1282+issue a license: 861
1283+ (4) To any person, as a commercial motor vehicle operator, 862
1284+who is ineligible to operate a commercial motor vehicle pursuant 863
1285+to 49 C.F.R. part 383. 864
1286+ Section 18. Subsection ( 3) of section 322.07, Florida 865
1287+Statutes, is amended to read: 866
1288+ 322.07 Instruction permits and temporary licenses. — 867
1289+ (3) Any person who, except for his or her lack of 868
1290+instruction in operating a commercial motor vehicle, would 869
1291+otherwise be qualified to obtai n a commercial driver license 870
1292+under this chapter, may apply for a temporary commercial 871
1293+instruction permit. The department shall issue such a permit 872
1294+entitling the applicant, while having the permit in his or her 873
1295+immediate possession, to drive a commercial m otor vehicle on the 874
1296+highways, if: 875
1297+
1298+CS/CS/HB 1085 2023
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1305+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
1306+
1307+
1308+
1309+ (a) The applicant possesses a valid Florida driver 876
1310+license; and 877
1311+ (b) The applicant, while operating a commercial motor 878
1312+vehicle, is accompanied by a licensed driver who is 21 years of 879
1313+age or older, who is licensed to ope rate the class of vehicle 880
1314+being operated, and who is occupying the closest seat to the 881
1315+right of the driver; and 882
1316+ (c) The department has not been notified that, pursuant to 883
1317+49 C.F.R. s. 382.501(a), the applicant is prohibited from 884
1318+operating a commercial mo tor vehicle. 885
1319+ Section 19. Effective January 1, 2024, subsection (3) of 886
1320+section 322.141, Florida Statutes, is amended to read: 887
1321+ 322.141 Color or markings of certain licenses or 888
1322+identification cards. — 889
1323+ (3) All licenses for the operation of motor vehicle s or 890
1324+identification cards originally issued or reissued by the 891
1325+department to persons who are designated as sexual predators 892
1326+under s. 775.21 or subject to registration as sexual offenders 893
1327+under s. 943.0435 or s. 944.607, or who have a similar 894
1328+designation or are subject to a similar registration under the 895
1329+laws of another jurisdiction, shall have printed in the color 896
1330+red all information otherwise required to be printed on the 897
1331+front of the license or identification card , as well as the 898
1332+following: 899
1333+ (a) For a person designated as a sexual predator under s. 900
1334+
1335+CS/CS/HB 1085 2023
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1342+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
1343+
1344+
1345+
1346+775.21 or who has a similar designation under the laws of 901
1347+another jurisdiction, the marking "SEXUAL PREDATOR." 902
1348+ (b) For a person subject to registration as a sexual 903
1349+offender under s. 943.0435 or s. 944.607, or subject to a 904
1350+similar registration under the laws of another jurisdiction, the 905
1351+marking "943.0435, F.S." 906
1352+ Section 20. Paragraphs (m) and (n) of subsection (4) of 907
1353+section 322.142, Florida Statutes, are amended, and paragraphs 908
1354+(o) and (p) are added to that subsection, to read: 909
1355+ 322.142 Color photographic or digital imaged licenses. — 910
1356+ (4) The department may maintain a film negative or print 911
1357+file. The department shall maintain a record of the digital 912
1358+image and signature of the licensees, together with other data 913
1359+required by the department for identification and retrieval. 914
1360+Reproductions from the file or digital record are exempt from 915
1361+the provisions of s. 119.07(1) and may be made and issued only: 916
1362+ (m) To the following persons for the purpose of 917
1363+identifying a person as part of the official work of a court: 918
1364+ 1. A justice or judge of this state; 919
1365+ 2. An employee of the state courts system who works in a 920
1366+position that is designated in writing for access by the Chief 921
1367+Justice of the Supreme Court or a chief judge of a district or 922
1368+circuit court, or by his or her designee; or 923
1369+ 3. A government employee who performs functions on behalf 924
1370+of the state courts system in a position that is designated in 925
1371+
1372+CS/CS/HB 1085 2023
1373+
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1379+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
1380+
1381+
1382+
1383+writing for access by the Chief Justice or a chief judge, or by 926
1384+his or her designee; or 927
1385+ (n) To the Agency for Health Care Administration pursuant 928
1386+to an interagency agreement to prevent health care fraud. If the 929
1387+Agency for Health Care Administration enters into an agreement 930
1388+with a private entity to carry out duties relating to health 931
1389+care fraud prevention, such contracts shall include, but need 932
1390+not be limited to: 933
1391+ 1. Provisions requiring internal controls and audit 934
1392+processes to identify access, use, and unauthorized access of 935
1393+information. 936
1394+ 2. A requirement to report unautho rized access or use to 937
1395+the Agency for Health Care Administration within 1 business day 938
1396+after the discovery of the unauthorized access or use. 939
1397+ 3. Provisions for liquidated damages for unauthorized 940
1398+access or use of no less than $5,000 per occurrence ; 941
1399+ (o) To any criminal justice agency, as defined in s. 942
1400+943.045, pursuant to an interagency agreement for use in 943
1401+carrying out the criminal justice agency's functions; or 944
1402+ (p) To the driver licensing agency of any other state for 945
1403+purposes of validating the ident ity of an applicant for a driver 946
1404+license or identification card . 947
1405+ Section 21. Subsection (8) and paragraph (a) of subsection 948
1406+(9) of section 322.21, Florida Statutes, are amended to read: 949
1407+ 322.21 License fees; procedure for handling and collecting 950
1408+
1409+CS/CS/HB 1085 2023
1410+
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1416+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
1417+
1418+
1419+
1420+fees.— 951
1421+ (8) A person who applies for reinstatement following the 952
1422+suspension or revocation of the person's driver license must pay 953
1423+a service fee of $45 following a suspension, and $75 following a 954
1424+revocation, which is in addition to the fee for a license. A 955
1425+person who applies for reinstatement of a commercial driver 956
1426+license following the disqualification or downgrade of the 957
1427+person's privilege to operate a commercial motor vehicle shall 958
1428+pay a service fee of $75, which is in addition to the fee for a 959
1429+license. The department shall collect all of these fees at the 960
1430+time of reinstatement. The department shall issue proper 961
1431+receipts for such fees and shall promptly transmit all funds 962
1432+received by it as follows: 963
1433+ (a) Of the $45 fee received from a licensee for 964
1434+reinstatement following a suspension: 965
1435+ 1. If the reinstatement is processed by the department, 966
1436+the department shall deposit $15 in the General Revenue Fund and 967
1437+$30 in the Highway Safety Operating Trust Fund. 968
1438+ 2. If the reinstatement is processed by the tax collector , 969
1439+$15, less the general revenue service charge set forth in s. 970
1440+215.20(1), shall be retained by the tax collector, $15 shall be 971
1441+deposited into the Highway Safety Operating Trust Fund, and $15 972
1442+shall be deposited into the General Revenue Fund. 973
1443+ (b) Of the $75 fee received from a licensee for 974
1444+reinstatement following a revocation , or disqualification, or 975
1445+
1446+CS/CS/HB 1085 2023
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1453+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
1454+
1455+
1456+
1457+downgrade: 976
1458+ 1. If the reinstatement is processed by the department, 977
1459+the department shall deposit $35 in the General Revenue Fund and 978
1460+$40 in the Highway Safety Operating Trust Fund. 979
1461+ 2. If the reinstatement is processed by the tax collector, 980
1462+$20, less the general revenue service charge set forth in s. 981
1463+215.20(1), shall be retained by the tax collector, $20 shall be 982
1464+deposited into the Highway Safety Operating Tru st Fund, and $35 983
1465+shall be deposited into the General Revenue Fund. 984
1466+ 985
1467+If the revocation or suspension of the driver license was for a 986
1468+violation of s. 316.193, or for refusal to submit to a lawful 987
1469+breath, blood, or urine test, an additional fee of $130 must b e 988
1470+charged. However, only one $130 fee may be collected from one 989
1471+person convicted of violations arising out of the same incident. 990
1472+The department shall collect the $130 fee and deposit the fee 991
1473+into the Highway Safety Operating Trust Fund at the time of 992
1474+reinstatement of the person's driver license, but the fee may 993
1475+not be collected if the suspension or revocation is overturned. 994
1476+If the revocation or suspension of the driver license was for a 995
1477+conviction for a violation of s. 817.234(8) or (9) or s. 996
1478+817.505, an additional fee of $180 is imposed for each offense. 997
1479+The department shall collect and deposit the additional fee into 998
1480+the Highway Safety Operating Trust Fund at the time of 999
1481+reinstatement of the person's driver license. 1000
1482+
1483+CS/CS/HB 1085 2023
1484+
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1490+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
1491+
1492+
1493+
1494+ (9) An applicant: 1001
1495+ (a) Requesting a review authorized in s. 322.222, s. 1002
1496+322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must 1003
1497+pay a filing fee of $25 to be deposited into the Highway Safety 1004
1498+Operating Trust Fund. 1005
1499+ Section 22. Section 322.591, Florida Statutes, is created 1006
1500+to read: 1007
1501+ 322.591 Commercial driver license and commercial 1008
1502+instruction permit; Commercial Driver's License Drug and Alcohol 1009
1503+Clearinghouse; prohibition on issuance of commercial driver 1010
1504+licenses; downgrades. — 1011
1505+ (1) Beginning November 18, 2024, when a person applies for 1012
1506+or seeks to renew, transfer, or make any other change to a 1013
1507+commercial driver license or commercial instruction permit, the 1014
1508+department must obtain the driver's record from the Commercial 1015
1509+Driver's License Drug and Alcohol Clearinghouse established 1016
1510+pursuant to 49 C.F.R. part 382. The department may not issue, 1017
1511+renew, transfer, or revise the types of authorized vehicles that 1018
1512+may be operated or the endorsements applicable to a commercial 1019
1513+driver license or commercial instruction permit for any person 1020
1514+for whom the department receives notification that, pursuant to 1021
1515+49 C.F.R. s. 382.501(a), the person is prohibited from operating 1022
1516+a commercial vehicle. 1023
1517+ (2) Beginning November 18, 2024, the department shall 1024
1518+downgrade the commercial driver license or commercial 1025
1519+
1520+CS/CS/HB 1085 2023
1521+
1522+
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1527+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
1528+
1529+
1530+
1531+instruction permit of any driver if the department receives 1026
1532+notification that, pursuant to 49 C.F.R. s. 382.501(a), the 1027
1533+driver is prohibited from operating a commercial motor vehicle. 1028
1534+Any such downgrade must be completed and recorded by the 1029
1535+department in the Commercial Driver's License Information System 1030
1536+within 60 days after the department's receipt of such 1031
1537+notification. 1032
1538+ (3)(a) Beginning November 18, 2024, upon receipt of 1033
1539+notification that, pursuant to 49 C.F.R. s. 382.501(a), a driver 1034
1540+is prohibited from oper ating a commercial motor vehicle, the 1035
1541+department shall immediately notify the driver who is the 1036
1542+subject of such notification that he or she is prohibited from 1037
1543+operating a commercial motor vehicle and, upon his or her 1038
1544+request, must afford him or her an oppo rtunity for an informal 1039
1545+hearing pursuant to this section. The department's notice must 1040
1546+be provided to the driver in the same manner as, and providing 1041
1547+such notice has the same effect as, notices provided pursuant to 1042
1548+s. 322.251(1) and (2). 1043
1549+ (b) Such informal hearing must be requested not later than 1044
1550+20 days after the driver receives the notice of the downgrade. 1045
1551+If a request for a hearing, together with the filing fee 1046
1552+required pursuant to s. 322.21, is not received within 20 days 1047
1553+after receipt of such notice, the department must enter a final 1048
1554+order directing the downgrade of the driver's commercial driver 1049
1555+license or commercial instruction permit unless the department 1050
1556+
1557+CS/CS/HB 1085 2023
1558+
1559+
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1564+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
1565+
1566+
1567+
1568+receives notification that, pursuant to 49 C.F.R. s. 382.503(a), 1051
1569+the driver is no longer prohib ited from operating a commercial 1052
1570+motor vehicle. 1053
1571+ (c) A hearing requested pursuant to paragraph (b) must be 1054
1572+scheduled and held not later than 30 days after receipt by the 1055
1573+department of a request for the hearing, together with the 1056
1574+filing fee required pursua nt to s. 322.21. The submission of a 1057
1575+request for hearing pursuant to this subsection tolls the 1058
1576+deadline to file a petition for writ of certiorari pursuant to 1059
1577+s. 322.31 until after the department enters a final order after 1060
1578+a hearing pursuant to this subsect ion. 1061
1579+ (d) The informal hearing authorized pursuant to this 1062
1580+subsection is exempt from chapter 120. Such hearing must be 1063
1581+conducted before a hearing officer designated by the department. 1064
1582+The hearing officer may conduct such hearing from any location 1065
1583+in this state by means of communications technology. 1066
1584+ (e) The notification received by the department pursuant 1067
1585+to 49 C.F.R. s. 382.501(a) must be in the record for 1068
1586+consideration by the hearing officer and in any proceeding 1069
1587+pursuant to s. 322.31 and is considered self-authenticating. The 1070
1588+basis for the notification received by the department pursuant 1071
1589+to 49 C.F.R. s. 382.501(a) and the information in the Commercial 1072
1590+Driver's License Drug and Alcohol Clearinghouse which resulted 1073
1591+in such notification are not subject to challenge in the hearing 1074
1592+or in any proceeding brought under s. 322.31. 1075
1593+
1594+CS/CS/HB 1085 2023
1595+
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1600+Page 44 of 55
1601+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
1602+
1603+
1604+
1605+ (f) If, before the entry of a final order arising from a 1076
1606+notification received by the department pursuant to 49 C.F.R. s. 1077
1607+382.501(a), the department receives notification that, pursua nt 1078
1608+to 49 C.F.R. s. 382.503(a), the driver is no longer prohibited 1079
1609+from operating a commercial motor vehicle, the department must 1080
1610+dismiss the action to downgrade the driver's commercial driver 1081
1611+license or commercial instruction permit. 1082
1612+ (g) Upon the entry o f a final order that results in the 1083
1613+downgrade of a driver's commercial driver license or commercial 1084
1614+instruction permit, the department shall record immediately in 1085
1615+the driver's record that the driver is disqualified from 1086
1616+operating or driving a commercial mo tor vehicle. The downgrade 1087
1617+of a commercial driver license or commercial instruction permit 1088
1618+pursuant to a final order entered pursuant to this section, and, 1089
1619+upon the entry of a final order, the recording in the driver's 1090
1620+record that the driver subject to suc h a final order is 1091
1621+disqualified from operating or driving a commercial motor 1092
1622+vehicle, are not stayed during the pendency of any proceeding 1093
1623+pursuant to s. 322.31. 1094
1624+ (h) If, after the entry of a final order that results in 1095
1625+the downgrade of a driver's commerc ial driver license or 1096
1626+commercial instruction permit and the department's recording in 1097
1627+the driver's record that the driver is disqualified from 1098
1628+operating or driving a commercial motor vehicle, the department 1099
1629+receives notification that, pursuant to 49 C.F.R. s. 382.503(a), 1100
1630+
1631+CS/CS/HB 1085 2023
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1638+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
1639+
1640+
1641+
1642+the driver is no longer prohibited from operating a commercial 1101
1643+motor vehicle, the department must reinstate the driver's 1102
1644+commercial driver license or commercial instruction permit upon 1103
1645+application by such driver. 1104
1646+ (i) The department is not liable for any commercial driver 1105
1647+license or commercial instruction permit downgrade resulting 1106
1648+from the discharge of its duties. 1107
1649+ (j) This section is the exclusive procedure for the 1108
1650+downgrade of a commercial driver license or commercial 1109
1651+instruction permit following notification received by the 1110
1652+department that, pursuant to 49 C.F.R. s. 382.501(a), a driver 1111
1653+is prohibited from operating a commercial motor vehicle. 1112
1654+ (k) The downgrade of a commercial driver license or 1113
1655+commercial instruction permit of a person pursuant to this 1114
1656+section does not preclude the suspension of the driving 1115
1657+privilege for that person pursuant to s. 322.2615 or the 1116
1658+disqualification of that person from operating a commercial 1117
1659+motor vehicle pursuant to s. 322.64. The driving privilege of a 1118
1660+person whose commercial driver license or commercial instruction 1119
1661+permit has been downgraded pursuant to this section also may be 1120
1662+suspended for a violation of s. 316.193. 1121
1663+ (4) Beginning November 18, 2024, a driver for whom the 1122
1664+department receives notificatio n that, pursuant to 49 C.F.R. s. 1123
1665+382.501(a), such person is prohibited from operating a 1124
1666+commercial motor vehicle may, if otherwise qualified, be issued 1125
1667+
1668+CS/CS/HB 1085 2023
1669+
1670+
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1675+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
1676+
1677+
1678+
1679+a Class E driver license pursuant to s. 322.251(4), valid for 1126
1680+the length of his or her unexpired license period, at no cost. 1127
1681+ Section 23. Subsection (2) of section 322.34, Florida 1128
1682+Statutes, is amended to read: 1129
1683+ 322.34 Driving while license suspended, revoked, canceled, 1130
1684+or disqualified.— 1131
1685+ (2) Any person whose driver license or driving privilege 1132
1686+has been canceled, suspended, or revoked as provided by law, or 1133
1687+who does not have a driver license or driving privilege but is 1134
1688+under suspension or revocation equivalent status as defined in 1135
1689+s. 322.01(43) s. 322.01(42), except persons defined in s. 1136
1690+322.264, who, knowing of such cancellation, suspension, 1137
1691+revocation, or suspension or revocation equivalent status, 1138
1692+drives any motor vehicle upon the highways of this state while 1139
1693+such license or privilege is canceled, suspended, or revoked, or 1140
1694+while under suspension or revo cation equivalent status, commits: 1141
1695+ (a) A misdemeanor of the second degree, punishable as 1142
1696+provided in s. 775.082 or s. 775.083. 1143
1697+ (b)1. A misdemeanor of the first degree, punishable as 1144
1698+provided in s. 775.082 or s. 775.083, upon a second or 1145
1699+subsequent conviction, except as provided in paragraph (c). 1146
1700+ 2. A person convicted of a third or subsequent conviction, 1147
1701+except as provided in paragraph (c), must serve a minimum of 10 1148
1702+days in jail. 1149
1703+ (c) A felony of the third degree, punishable as provided 1150
1704+
1705+CS/CS/HB 1085 2023
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1712+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
1713+
1714+
1715+
1716+in s. 775.082, s. 775.083, or s. 775.084, upon a third or 1151
1717+subsequent conviction if the current violation of this section 1152
1718+or the most recent prior violation of the section is related to 1153
1719+driving while license canceled, suspended, revoked, or 1154
1720+suspension or revocation equi valent status resulting from a 1155
1721+violation of: 1156
1722+ 1. Driving under the influence; 1157
1723+ 2. Refusal to submit to a urine, breath -alcohol, or blood 1158
1724+alcohol test; 1159
1725+ 3. A traffic offense causing death or serious bodily 1160
1726+injury; or 1161
1727+ 4. Fleeing or eluding. 1162
1728+ 1163
1729+The element of knowledge is satisfied if the person has been 1164
1730+previously cited as provided in subsection (1); or the person 1165
1731+admits to knowledge of the cancellation, suspension, or 1166
1732+revocation, or suspension or revocation equivalent status; or 1167
1733+the person received notice as provided in subsection (4). There 1168
1734+shall be a rebuttable presumption that the knowledge requirement 1169
1735+is satisfied if a judgment or order as provided in subsection 1170
1736+(4) appears in the department's records for any case except for 1171
1737+one involving a suspension by the department for failure to pay 1172
1738+a traffic fine or for a financial responsibility violation. 1173
1739+ Section 24. Subsection (4) of section 322.61, Florida 1174
1740+Statutes, is amended to read: 1175
1741+
1742+CS/CS/HB 1085 2023
1743+
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1749+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
1750+
1751+
1752+
1753+ 322.61 Disqualification from operating a commercial motor 1176
1754+vehicle.— 1177
1755+ (4) Any person who is transporting hazardous materials as 1178
1756+defined in s. 322.01(25) s. 322.01(24) shall, upon conviction of 1179
1757+an offense specified in subsection (3), be disqualified from 1180
1758+operating a commercial motor vehicle for a period of 3 years. 1181
1759+The penalty provided in this subsection shall be in addition to 1182
1760+any other applicable penalty. 1183
1761+ Section 25. Subsection (3) of section 324.0221, Florida 1184
1762+Statutes, is amended to read: 1185
1763+ 324.0221 Reports by insurers to the department; suspension 1186
1764+of driver license an d vehicle registrations; reinstatement. — 1187
1765+ (3) An operator or owner whose driver license or 1188
1766+registration has been suspended under this section or s. 316.646 1189
1767+may effect its reinstatement upon compliance with the 1190
1768+requirements of this section and upon payment to the department 1191
1769+of a nonrefundable reinstatement fee of $150 for the first 1192
1770+reinstatement. The reinstatement fee is $250 for the second 1193
1771+reinstatement and $500 for each subsequent reinstatement during 1194
1772+the 3 years following the first reinstatement. A perso n 1195
1773+reinstating her or his insurance under this subsection must also 1196
1774+secure noncancelable coverage as described in ss. 324.021(8), 1197
1775+324.023, and 627.7275(2) and present to the appropriate person 1198
1776+proof that the coverage is in force on a form adopted by the 1199
1777+department, and such proof shall be maintained for 2 years. If 1200
1778+
1779+CS/CS/HB 1085 2023
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1786+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
1787+
1788+
1789+
1790+the person does not have a second reinstatement within 3 years 1201
1791+after her or his initial reinstatement, the reinstatement fee is 1202
1792+$150 for the first reinstatement after that 3 -year period. If a 1203
1793+person's license and registration are suspended under this 1204
1794+section or s. 316.646, only one reinstatement fee must be paid 1205
1795+to reinstate the license and the registration. All fees shall be 1206
1796+collected by the department at the time of reinstatement. The 1207
1797+department shall issue proper receipts for such fees and shall 1208
1798+promptly deposit those fees in the Highway Safety Operating 1209
1799+Trust Fund. One-third of the fees collected under this 1210
1800+subsection shall be distributed from the Highway Safety 1211
1801+Operating Trust Fund to the local governmental entity or state 1212
1802+agency that employed the law enforcement officer seizing the 1213
1803+license plate pursuant to s. 324.201. The funds may be used by 1214
1804+the local governmental entity or state agency for any authorized 1215
1805+purpose. 1216
1806+ Section 26. Section 324. 131, Florida Statutes, is amended 1217
1807+to read: 1218
1808+ 324.131 Period of suspension. —Such license, registration 1219
1809+and nonresident's operating privilege shall remain so suspended 1220
1810+and shall not be renewed, nor shall any such license or 1221
1811+registration be thereafter issued in the name of such person, 1222
1812+including any such person not previously licensed, unless and 1223
1813+until every such judgment is stayed, satisfied in full or to the 1224
1814+extent of the limits stated in s. 324.021(7) and until the said 1225
1815+
1816+CS/CS/HB 1085 2023
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1823+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
1824+
1825+
1826+
1827+person gives proof of financial responsibility as provided in s. 1226
1828+324.031, such proof to be maintained for 3 years. In addition, 1227
1829+if the person's license or registration has been suspended or 1228
1830+revoked due to a violation of s. 316.193 or pursuant to s. 1229
1831+322.26(2), that person shall maintain noncancelable liability 1230
1832+coverage for each motor ve hicle registered in his or her name, 1231
1833+as described in s. 627.7275(2), and must present proof that 1232
1834+coverage is in force on a form adopted by the Department of 1233
1835+Highway Safety and Motor Vehicles, such proof to be maintained 1234
1836+for 3 years. 1235
1837+ Section 27. Paragra ph (g) of subsection (3) of section 1236
1838+627.311, Florida Statutes, is amended to read: 1237
1839+ 627.311 Joint underwriters and joint reinsurers; public 1238
1840+records and public meetings exemptions. — 1239
1841+ (3) The office may, after consultation with insurers 1240
1842+licensed to write automobile insurance in this state, approve a 1241
1843+joint underwriting plan for purposes of equitable apportionment 1242
1844+or sharing among insurers of automobile liability insurance and 1243
1845+other motor vehicle insurance, as an alternate to the plan 1244
1846+required in s. 627.351(1 ). All insurers authorized to write 1245
1847+automobile insurance in this state shall subscribe to the plan 1246
1848+and participate therein. The plan shall be subject to continuous 1247
1849+review by the office which may at any time disapprove the entire 1248
1850+plan or any part thereof if it determines that conditions have 1249
1851+changed since prior approval and that in view of the purposes of 1250
1852+
1853+CS/CS/HB 1085 2023
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1860+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
1861+
1862+
1863+
1864+the plan changes are warranted. Any disapproval by the office 1251
1865+shall be subject to the provisions of chapter 120. The Florida 1252
1866+Automobile Joint Underwriting Association is created under the 1253
1867+plan. The plan and the association: 1254
1868+ (g) Must make available noncancelable coverage as provided 1255
1869+in s. 627.7275(2). 1256
1870+ Section 28. Subsection (1) of section 627.351, Florida 1257
1871+Statutes, is amended to read: 1258
1872+ 627.351 Insurance risk apportionment plans. — 1259
1873+ (1) MOTOR VEHICLE INSURANCE RISK APPORTIONMENT. —Agreements 1260
1874+may be made among casualty and surety insurers with respect to 1261
1875+the equitable apportionment among them of insurance that which 1262
1876+may be afforded applicants who are in go od faith entitled to, 1263
1877+but are unable to, procure such insurance through ordinary 1264
1878+methods, and such insurers may agree among themselves on the use 1265
1879+of reasonable rate modifications for such insurance. Such 1266
1880+agreements and rate modifications are shall be subject to the 1267
1881+approval of the office. The office shall, after consultation 1268
1882+with the insurers licensed to write automobile liability 1269
1883+insurance in this state, adopt a reasonable plan or plans for 1270
1884+the equitable apportionment among such insurers of applicants 1271
1885+for such insurance who are in good faith entitled to, but are 1272
1886+unable to, procure such insurance through ordinary methods, and, 1273
1887+when such plan has been adopted, all such insurers shall 1274
1888+subscribe to and participate in the plan thereto and shall 1275
1889+
1890+CS/CS/HB 1085 2023
1891+
1892+
1893+
1894+CODING: Words stricken are deletions; words underlined are additions.
1895+hb1085-02-c2
1896+Page 52 of 55
1897+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
1898+
1899+
1900+
1901+participate therein. Such plan or plans shall include rules for 1276
1902+classification of risks and rates therefor. The plan or plans 1277
1903+shall make available noncancelable coverage as provided in s. 1278
1904+627.7275(2). Any insured placed with the plan must shall be 1279
1905+notified of the fact that insurance coverage is being afforded 1280
1906+through the plan and not through the private market, and such 1281
1907+notification must shall be given in writing within 10 days of 1282
1908+such placement. To ensure assure that plan rates are made 1283
1909+adequate to pay claims and expe nses, insurers shall develop a 1284
1910+means of obtaining loss and expense experience at least 1285
1911+annually, and the plan shall file such experience, when 1286
1912+available, with the office in sufficient detail to make a 1287
1913+determination of rate adequacy. Before Prior to the filing of 1288
1914+such experience with the office, the plan shall poll each member 1289
1915+insurer as to the need for an actuary who is a member of the 1290
1916+Casualty Actuarial Society and who is not affiliated with the 1291
1917+plan's statistical agent to certify the plan's rate adequacy. If 1292
1918+a majority of those insurers responding indicate a need for such 1293
1919+certification, the plan must shall include the certification as 1294
1920+part of its experience filing. Such experience must shall be 1295
1921+filed with the office not more than 9 months following the end 1296
1922+of the annual statistical period under review, together with a 1297
1923+rate filing based on such said experience. The office shall 1298
1924+initiate proceedings to disapprove the rate and so notify the 1299
1925+plan or shall finalize its review within 60 days after of 1300
1926+
1927+CS/CS/HB 1085 2023
1928+
1929+
1930+
1931+CODING: Words stricken are deletions; words underlined are additions.
1932+hb1085-02-c2
1933+Page 53 of 55
1934+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
1935+
1936+
1937+
1938+receipt of the filing. Notification to the plan by the office of 1301
1939+its preliminary findings, which include a point of entry to the 1302
1940+plan pursuant to chapter 120, tolls shall toll the 60-day period 1303
1941+during any such proceedings and subsequent judicial review. The 1304
1942+rate is shall be deemed approved if the office does not issue 1305
1943+notice to the plan of its preliminary findings within 60 days 1306
1944+after of the filing. In addition to provisions for claims and 1307
1945+expenses, the ratemaking formula must shall include a factor for 1308
1946+projected claims trending and 5 percent for contingencies. In no 1309
1947+instance shall The formula may not include a renewal discount 1310
1948+for plan insureds. However, the plan shall reunderwrite each 1311
1949+insured on an annual basis, based upon all applicable rating 1312
1950+factors approved by th e office. Trend factors may shall not be 1313
1951+found to be inappropriate if they are not in excess of trend 1314
1952+factors normally used in the development of residual market 1315
1953+rates by the appropriate licensed rating organization. Each 1316
1954+application for coverage in the pl an must shall include, in 1317
1955+boldfaced 12-point type immediately preceding the applicant's 1318
1956+signature, the following statement: 1319
1957+"THIS INSURANCE IS BEING AFFORDED THROUGH THE FLORIDA JOINT 1320
1958+UNDERWRITING ASSOCIATION AND NOT THROUGH THE PRIVATE MARKET. 1321
1959+PLEASE BE ADVISED THAT COVERAGE WITH A PRIVATE INSURER MAY BE 1322
1960+AVAILABLE FROM ANOTHER AGENT AT A LOWER COST. AGENT AND COMPANY 1323
1961+LISTINGS ARE AVAILABLE IN THE LOCAL YELLOW PAGES. " 1324
1962+The plan shall annually report to the office the number and 1325
1963+
1964+CS/CS/HB 1085 2023
1965+
1966+
1967+
1968+CODING: Words stricken are deletions; words underlined are additions.
1969+hb1085-02-c2
1970+Page 54 of 55
1971+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
1972+
1973+
1974+
1975+percentage of plan insureds wh o are not surcharged due to their 1326
1976+driving record. 1327
1977+ Section 29. Paragraph (b) of subsection (2) of section 1328
1978+627.7275, Florida Statutes, is amended to read: 1329
1979+ 627.7275 Motor vehicle liability. — 1330
1980+ (2) 1331
1981+ (b) The policies described in paragraph (a) shall be 1332
1982+issued for at least 6 months and, as to the minimum coverages 1333
1983+required under this section, may not be canceled by the insured 1334
1984+for any reason or by the insurer after 60 days, during which 1335
1985+period the insurer is completing the underwriting of the policy . 1336
1986+After the insurer has issued completed underwriting the policy, 1337
1987+the insurer shall notify the Department of Highway Safety and 1338
1988+Motor Vehicles that the policy is in full force and effect and 1339
1989+is not cancelable for the remainder of the policy period. A 1340
1990+premium shall be collected and the coverage is in effect for the 1341
1991+60-day period during which the insurer is completing the 1342
1992+underwriting of the policy whether or not the person's driver 1343
1993+license, motor vehicle tag, and motor vehicle registration are 1344
1994+in effect. Once the noncancelable provisions of the policy 1345
1995+becomes become effective, the coverages for bodily injury, 1346
1996+property damage, and personal injury protection may not be 1347
1997+reduced below the minimum limits required under s. 324.021 or s. 1348
1998+324.023 during the policy period. 1349
1999+ Section 30. Except as otherwise expressly provided in this 1350
2000+
2001+CS/CS/HB 1085 2023
2002+
2003+
2004+
2005+CODING: Words stricken are deletions; words underlined are additions.
2006+hb1085-02-c2
2007+Page 55 of 55
2008+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
2009+
2010+
2011+
2012+act, this act shall take effect July 1, 2023. 1351