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