Florida Senate - 2023 SB 1252 By Senator DiCeglie 18-01960B-23 20231252__ 1 A bill to be entitled 2 An act relating to motor vehicles; amending s. 3 207.004, F.S.; requiring that certain licenses and 4 fuel tax decals be issued by the Department of Highway 5 Safety and Motor Vehicles or its authorized agent; 6 making technical changes; providing legislative 7 findings and intent; amending s. 316.066, F.S.; 8 requiring all traffic law enforcement agencies to 9 provide uniform crash reports by electronic means to 10 the department; requiring that crash reports be 11 consistent with certain rules and procedures and be 12 appropriately numbered and inventoried; amending s. 13 316.2935, F.S.; providing an exception regarding 14 certifications of the air pollution control devices on 15 motor vehicles; amending s. 316.302, F.S.; revising 16 the list of applicable federal rules and regulations 17 governing owners and drivers of commercial motor 18 vehicles; conforming cross-references; making 19 technical changes; amending s. 319.14, F.S.; requiring 20 that flood vehicles have the water type specified on 21 the certificate of title under certain conditions; 22 revising the definition of the term flood vehicle; 23 reordering definitions; amending s. 319.23, F.S.; 24 making a technical change; amending s. 319.30, F.S.; 25 revising the definition of the term major component 26 parts; clarifying and revising provisions relating to 27 obtaining a salvage certificate or certificate of 28 destruction; declaring that the department is not 29 liable to certain persons as a result of an issuance 30 of a salvage title or certificate of destruction; 31 amending s. 320.06, F.S.; authorizing certain rental 32 trucks to elect a permanent registration period; 33 amending s. 322.01, F.S.; revising definitions; 34 defining the term downgrade; amending s. 322.02, 35 F.S.; revising legislative intent regarding the 36 departments charge; amending s. 322.05, F.S.; 37 prohibiting the department from issuing a commercial 38 vehicle operator license to certain persons; amending 39 s. 322.07, F.S.; revising requirements for issuance of 40 temporary commercial instruction permits; amending s. 41 322.142, F.S.; authorizing the department to issue its 42 record of digital images and signatures to certain 43 criminal justice agencies and driver licensing 44 agencies of any other state under certain 45 circumstances; amending s. 322.21, F.S.; authorizing 46 reinstatement of a commercial driver license after a 47 downgrade of the persons privilege to operate a 48 commercial motor vehicle, under certain circumstances; 49 conforming provisions to changes made by the act; 50 creating s. 322.591, F.S.; requiring the department to 51 obtain a drivers record from the Commercial Drivers 52 License Drug and Alcohol Clearinghouse under certain 53 circumstances; prohibiting the department from 54 issuing, renewing, transferring, or revising the type 55 of authorized vehicles or the endorsements of certain 56 commercial driver licenses or commercial instruction 57 permits if the department receives a certain 58 notification; requiring the department to downgrade a 59 commercial driver license or commercial instruction 60 permit if the department receives a certain 61 notification; providing a timeframe for such downgrade 62 to be completed and recorded; requiring the department 63 to notify certain drivers of their prohibition from 64 operating a commercial motor vehicle and, upon 65 request, afford them an opportunity for an informal 66 hearing; specifying requirements for the notice and 67 the hearing; specifying that a request for a hearing 68 tolls certain deadlines; specifying that certain 69 notifications received by the department are in the 70 record and self-authenticating; specifying that the 71 basis for the notification and the information in the 72 Commercial Drivers License Drug and Alcohol 73 Clearinghouse is not subject to challenge in certain 74 hearings or proceedings; requiring the department to 75 dismiss the downgrade of a commercial driver license 76 or instruction permit under certain circumstances; 77 requiring the department to record in the drivers 78 record that he or she is disqualified from operating a 79 commercial motor vehicle under certain circumstances; 80 specifying certain actions that are not stayed during 81 the pendency of certain proceedings; requiring the 82 department to reinstate a commercial driver license or 83 commercial instruction permit under certain 84 circumstances; providing that the department is not 85 liable for certain commercial driver license or 86 commercial instruction permit downgrades; designating 87 the exclusive procedures for downgrade of commercial 88 driver licenses or commercial instruction permits; 89 providing construction and applicability; authorizing 90 the department to issue at no cost a specified driver 91 license to certain persons prohibited from operating a 92 commercial motor vehicle; amending ss. 322.34 and 93 322.61, F.S.; conforming cross-references; providing 94 effective dates. 95 96 Be It Enacted by the Legislature of the State of Florida: 97 98 Section 1.Paragraph (a) of subsection (1) of section 99 207.004, Florida Statutes, is amended to read: 100 207.004Registration of motor carriers; identifying 101 devices; fees; renewals; temporary fuel-use permits and 102 driveaway permits. 103 (1)(a)A No motor carrier may not shall operate or cause to 104 be operated in this state any commercial motor vehicle, other 105 than a Florida-based commercial motor vehicle that travels 106 Florida intrastate mileage only, that uses diesel fuel or motor 107 fuel until such carrier has registered with the department or 108 has registered under a cooperative reciprocal agreement as 109 described in s. 207.0281, after such time as this state enters 110 into such agreement, and has been issued an identifying device 111 or such carrier has been issued a permit as authorized under 112 subsections (4) and (5) for each vehicle operated. The fee for 113 each such identifying device issued is There shall be a fee of 114 $4 per year or any fraction thereof for each such identifying 115 device issued. The identifying device must shall be provided by 116 the department and must be conspicuously displayed on the 117 commercial motor vehicle as prescribed by the department while 118 it is being operated on the public highways of this state. The 119 transfer of an identifying device from one vehicle to another 120 vehicle or from one motor carrier to another motor carrier is 121 prohibited. The department or its authorized agent shall issue 122 licenses and fuel tax decals. 123 Section 2.The Legislature finds that a proper and 124 legitimate purpose is served when crash reports required under 125 s. 316.066, Florida Statutes, are filed electronically with the 126 Department of Highway Safety and Motor Vehicles by all entities 127 required to submit crash reports. Electronic filing will 128 expedite the availability of crash reports to the persons 129 authorized to receive them, simplify the process of making crash 130 reports available, and expedite the availability of information 131 derived from crash reports to improve highway safety. The 132 requirement of this act that all law enforcement agencies that 133 prepare crash reports submit the completed crash reports 134 electronically to the Department of Highway Safety and Motor 135 Vehicles applies to all similarly situated persons, including 136 school district law enforcement agencies, state university law 137 enforcement agencies, and state law enforcement agencies. 138 Therefore, the Legislature determines and declares that the 139 amendments made by this act to s. 316.066, Florida Statutes, 140 fulfill an important state interest. 141 Section 3.Effective July 1, 2025, paragraph (a) of 142 subsection (1) of section 316.066, Florida Statutes, is amended 143 to read: 144 316.066Written reports of crashes. 145 (1)(a)All traffic law enforcement agencies must provide 146 uniform crash reports by electronic means to the department. 147 Such crash reports must be consistent with the state traffic 148 crash manual rules and the procedures established by the 149 department and must be appropriately numbered and inventoried. A 150 Florida Traffic Crash Report, Long Form must be completed and 151 electronically submitted to the department within 10 days after 152 an investigation is completed by the law enforcement officer who 153 in the regular course of duty investigates a motor vehicle crash 154 that: 155 1.Resulted in death of, personal injury to, or any 156 indication of complaints of pain or discomfort by any of the 157 parties or passengers involved in the crash; 158 2.Involved a violation of s. 316.061(1) or s. 316.193; 159 3.Rendered a vehicle inoperable to a degree that required 160 a wrecker to remove it from the scene of the crash; or 161 4.Involved a commercial motor vehicle. 162 Section 4.Paragraph (b) of subsection (1) of section 163 316.2935, Florida Statutes, is amended to read: 164 316.2935Air pollution control equipment; tampering 165 prohibited; penalty. 166 (1) 167 (b)At the time of sale, lease, or transfer of title of a 168 motor vehicle, the seller, lessor, or transferor shall certify 169 in writing to the purchaser, lessee, or transferee that the air 170 pollution control equipment of the motor vehicle has not been 171 tampered with by the seller, lessor, or transferor or their 172 agents, employees, or other representatives. A licensed motor 173 vehicle dealer shall also visually observe those air pollution 174 control devices listed by department rule pursuant to subsection 175 (7), and certify that they are in place, and appear properly 176 connected and undamaged. Such certification shall not be deemed 177 or construed as a warranty that the pollution control devices of 178 the subject vehicle are in functional condition, nor does the 179 execution or delivery of this certification create by itself 180 grounds for a cause of action between the parties to this 181 transaction. This paragraph does not apply when the purchaser of 182 the motor vehicle is a lessee purchasing the leased motor 183 vehicle and the licensed motor vehicle dealer is not in 184 possession of the motor vehicle at the time of sale. 185 Section 5.Paragraphs (a), (b), and (e) of subsection (1), 186 paragraph (d) of subsection (2), and subsection (9) of section 187 316.302, Florida Statutes, are amended to read: 188 316.302Commercial motor vehicles; safety regulations; 189 transporters and shippers of hazardous materials; enforcement. 190 (1)(a)All owners and drivers of commercial motor vehicles 191 that are operated on the public highways of this state while 192 engaged in interstate commerce are subject to the rules and 193 regulations contained in 49 C.F.R. parts 382, 383, 384, 385, 194 386, and 390-397. 195 (b)Except as otherwise provided in this section, all 196 owners and drivers of commercial motor vehicles that are engaged 197 in intrastate commerce are subject to the rules and regulations 198 contained in 49 C.F.R. parts 382, 383, 384, 385, 386, and 390 199 397, as such rules and regulations existed on December 31, 2022 200 2020. 201 (e)A person who operates a commercial motor vehicle solely 202 in intrastate commerce which does not transport hazardous 203 materials in amounts that require placarding pursuant to 49 204 C.F.R. part 172 need not comply with the requirements of 205 electronic logging devices and hours of service supporting 206 documents as provided in 49 C.F.R. parts 385, 386, 390, and 395 207 until December 31, 2019. 208 (2) 209 (d)A person who operates a commercial motor vehicle solely 210 in intrastate commerce not transporting any hazardous material 211 in amounts that require placarding pursuant to 49 C.F.R. part 212 172 within a 150 air-mile radius of the location where the 213 vehicle is based need not comply with 49 C.F.R. ss. 395.8 and 214 395.11 s. 395.8 if the requirements of 49 C.F.R. s. 395.1(e)(1) 215 (iii) and (iv) 49 C.F.R. s. 395.1(e)(1) (ii), (iii)(A) and (C), 216 and (v) are met. 217 (9)For the purpose of enforcing this section, any law 218 enforcement officer of the Department of Highway Safety and 219 Motor Vehicles or duly appointed agent who holds a current 220 safety inspector certification from the Commercial Vehicle 221 Safety Alliance may require the driver of any commercial vehicle 222 operated on the highways of this state to stop and submit to an 223 inspection of the vehicle or the drivers records. If the 224 vehicle or driver is found to be operating in an unsafe 225 condition, or if any required part or equipment is not present 226 or is not in proper repair or adjustment, and the continued 227 operation would present an unduly hazardous operating condition, 228 the officer or agent may require the vehicle or the driver to be 229 removed from service pursuant to the North American Standard 230 Out-of-Service Criteria, until corrected. However, if continuous 231 operation would not present an unduly hazardous operating 232 condition, the officer or agent may give written notice 233 requiring correction of the condition within 15 days. 234 (a)Any member of the Florida Highway Patrol or any law 235 enforcement officer employed by a sheriffs office or municipal 236 police department authorized to enforce the traffic laws of this 237 state pursuant to s. 316.640 who has reason to believe that a 238 vehicle or driver is operating in an unsafe condition may, as 239 provided in subsection (11), enforce the provisions of this 240 section. 241 (b)Any person who fails to comply with a an officers 242 request to submit to an inspection under this subsection commits 243 a violation of s. 843.02 if the person resists the officer 244 without violence or a violation of s. 843.01 if the person 245 resists the officer with violence. 246 Section 6.Paragraphs (b) and (c) of subsection (1) of 247 section 319.14, Florida Statutes, are amended to read: 248 319.14Sale of motor vehicles registered or used as 249 taxicabs, police vehicles, lease vehicles, rebuilt vehicles, 250 nonconforming vehicles, custom vehicles, or street rod vehicles; 251 conversion of low-speed vehicles. 252 (1) 253 (b)A person may not knowingly offer for sale, sell, or 254 exchange a rebuilt vehicle until the department has stamped in a 255 conspicuous place on the certificate of title for the vehicle 256 words stating that the vehicle has been rebuilt or assembled 257 from parts, or is a kit car, glider kit, replica, flood vehicle, 258 custom vehicle, or street rod vehicle unless proper application 259 for a certificate of title for a vehicle that is rebuilt or 260 assembled from parts, or is a kit car, glider kit, replica, 261 flood vehicle, custom vehicle, or street rod vehicle has been 262 made to the department in accordance with this chapter and the 263 department has conducted the physical examination of the vehicle 264 to assure the identity of the vehicle and all major component 265 parts, as defined in s. 319.30(1), which have been repaired or 266 replaced. If a vehicle is identified as a flood vehicle, the 267 words stamped on the certificate of title must identify the 268 water type as salt water, fresh water, or other or unknown 269 water type, as applicable. Thereafter, the department shall 270 affix a decal to the vehicle, in the manner prescribed by the 271 department, showing the vehicle to be rebuilt. 272 (c)As used in this section, the term: 273 9.1.Police vehicle means a motor vehicle owned or leased 274 by the state or a county or municipality and used in law 275 enforcement. 276 13.2.a.Short-term-lease vehicle means a motor vehicle 277 leased without a driver and under a written agreement to one or 278 more persons from time to time for a period of less than 12 279 months. 280 7.b.Long-term-lease vehicle means a motor vehicle leased 281 without a driver and under a written agreement to one person for 282 a period of 12 months or longer. 283 6.c.Lease vehicle includes both short-term-lease 284 vehicles and long-term-lease vehicles. 285 10.3.Rebuilt vehicle means a motor vehicle or mobile 286 home built from salvage or junk, as defined in s. 319.30(1). 287 1.4.Assembled from parts means a motor vehicle or mobile 288 home assembled from parts or combined from parts of motor 289 vehicles or mobile homes, new or used. The term assembled from 290 parts does not include mean a motor vehicle defined as a 291 rebuilt vehicle as defined in subparagraph 10. in subparagraph 292 3., which has been declared a total loss pursuant to s. 319.30. 293 5.Kit car means a motor vehicle assembled with a kit 294 supplied by a manufacturer to rebuild a wrecked or outdated 295 motor vehicle with a new body kit. 296 4.6.Glider kit means a vehicle assembled with a kit 297 supplied by a manufacturer to rebuild a wrecked or outdated 298 truck or truck tractor. 299 11.7.Replica means a complete new motor vehicle 300 manufactured to look like an old vehicle. 301 3.8.Flood vehicle means a motor vehicle or mobile home 302 that has been declared to be a total loss pursuant to s. 303 319.30(3)(a) resulting from damage caused by salt water, fresh 304 water, or other or unknown type of water. 305 8.9.Nonconforming vehicle means a motor vehicle that 306 which has been purchased by a manufacturer pursuant to a 307 settlement, determination, or decision under chapter 681. 308 12.10.Settlement means an agreement entered into between 309 a manufacturer and a consumer that occurs after a dispute is 310 submitted to a program, or to an informal dispute settlement 311 procedure established by a manufacturer, or is approved for 312 arbitration before the Florida New Motor Vehicle Arbitration 313 Board as defined in s. 681.102. 314 2.11.Custom vehicle means a motor vehicle that: 315 a.Is 25 years of age or older and of a model year after 316 1948 or was manufactured to resemble a vehicle that is 25 years 317 of age or older and of a model year after 1948; and 318 b.Has been altered from the manufacturers original design 319 or has a body constructed from nonoriginal materials. 320 321 The model year and year of manufacture that the body of a custom 322 vehicle resembles is the model year and year of manufacture 323 listed on the certificate of title, regardless of when the 324 vehicle was actually manufactured. 325 14.12.Street rod means a motor vehicle that: 326 a.Is of a model year of 1948 or older or was manufactured 327 after 1948 to resemble a vehicle of a model year of 1948 or 328 older; and 329 b.Has been altered from the manufacturers original design 330 or has a body constructed from nonoriginal materials. 331 332 The model year and year of manufacture that the body of a street 333 rod resembles is the model year and year of manufacture listed 334 on the certificate of title, regardless of when the vehicle was 335 actually manufactured. 336 Section 7.Subsection (3) of section 319.23, Florida 337 Statutes, is amended to read: 338 319.23Application for, and issuance of, certificate of 339 title. 340 (3)If a certificate of title has not previously been 341 issued for a motor vehicle or mobile home in this state, the 342 application, unless otherwise provided for in this chapter, 343 shall be accompanied by a proper bill of sale or sworn statement 344 of ownership, or a duly certified copy thereof, or by a 345 certificate of title, bill of sale, or other evidence of 346 ownership required by the law of the state or country county 347 from which the motor vehicle or mobile home was brought into 348 this state. The application shall also be accompanied by: 349 (a)1.A sworn affidavit from the seller and purchaser 350 verifying that the vehicle identification number shown on the 351 affidavit is identical to the vehicle identification number 352 shown on the motor vehicle; or 353 2.An appropriate departmental form evidencing that a 354 physical examination has been made of the motor vehicle by the 355 owner and by a duly constituted law enforcement officer in any 356 state, a licensed motor vehicle dealer, a license inspector as 357 provided by s. 320.58, or a notary public commissioned by this 358 state and that the vehicle identification number shown on such 359 form is identical to the vehicle identification number shown on 360 the motor vehicle; and 361 (b)If the vehicle is a used car original, a sworn 362 affidavit from the owner verifying that the odometer reading 363 shown on the affidavit is identical to the odometer reading 364 shown on the motor vehicle in accordance with the requirements 365 of 49 C.F.R. s. 580.5 at the time that application for title is 366 made. For the purposes of this section, the term used car 367 original means a used vehicle coming into and being titled in 368 this state for the first time. 369 (c)If the vehicle is an ancient or antique vehicle, as 370 defined in s. 320.086, the application shall be accompanied by a 371 certificate of title; a bill of sale and a registration; or a 372 bill of sale and an affidavit by the owner defending the title 373 from all claims. The bill of sale must contain a complete 374 vehicle description to include the vehicle identification or 375 engine number, year make, color, selling price, and signatures 376 of the seller and purchaser. 377 378 Verification of the vehicle identification number is not 379 required for any new motor vehicle; any mobile home; any trailer 380 or semitrailer with a net weight of less than 2,000 pounds; or 381 any travel trailer, camping trailer, truck camper, or fifth 382 wheel recreation trailer. 383 Section 8.Paragraph (j) of subsection (1) and paragraph 384 (b) of subsection (3) of section 319.30, Florida Statutes, are 385 amended to read: 386 319.30Definitions; dismantling, destruction, change of 387 identity of motor vehicle or mobile home; salvage. 388 (1)As used in this section, the term: 389 (j)Major component parts means: 390 1.For motor vehicles other than electric or plug-in hybrid 391 motor vehicles and motorcycles, any fender, hood, bumper, cowl 392 assembly, rear quarter panel, trunk lid, door, decklid, floor 393 pan, engine, frame, transmission, catalytic converter, or 394 airbag. 395 2.For trucks, other than electric or plug-in hybrid motor 396 vehicles, in addition to those parts listed in subparagraph 1., 397 any truck bed, including dump, wrecker, crane, mixer, cargo box, 398 or any bed which mounts to a truck frame. 399 3.For motorcycles, the body assembly, frame, fenders, gas 400 tanks, engine, cylinder block, heads, engine case, crank case, 401 transmission, drive train, front fork assembly, and wheels. 402 4.For mobile homes, the frame. 403 5.For electric or plug-in hybrid motor vehicles, any 404 fender, hood, bumper, cowl assembly, rear quarter panel, trunk 405 lid, door, decklid, floor pan, engine, electric traction motor, 406 frame, transmission or electronic transmission, charge port, DC 407 power converter, onboard charger, power electronics controller, 408 thermal system, traction battery pack, catalytic converter, or 409 airbag. 410 (3) 411 (b)The owner, including persons who are self-insured, of a 412 motor vehicle or mobile home that is considered to be salvage 413 shall, within 72 hours after the motor vehicle or mobile home 414 becomes salvage, forward the title to the motor vehicle or 415 mobile home to the department for processing. However, an 416 insurance company that pays money as compensation for the total 417 loss of a motor vehicle or mobile home shall obtain the 418 certificate of title for the motor vehicle or mobile home, make 419 the required notification to the National Motor Vehicle Title 420 Information System, and, within 72 hours after receiving such 421 certificate of title, forward such title by the United States 422 Postal Service, by another commercial delivery service, or by 423 electronic means, when such means are made available by the 424 department, to the department for processing. The owner or 425 insurance company, as applicable, may not dispose of a vehicle 426 or mobile home that is a total loss before it obtains a salvage 427 certificate of title or certificate of destruction from the 428 department. Effective January 1, 2020: 429 1.Thirty days after payment of a claim for compensation 430 pursuant to this paragraph, the insurance company may receive a 431 salvage certificate of title or certificate of destruction from 432 the department if the insurance company is unable to obtain a 433 properly assigned paper or electronic certificate of title from 434 the owner or lienholder of the motor vehicle or mobile home, if 435 the motor vehicle or mobile home does not carry an electronic 436 lien on the title and the insurance company: 437 a.Has obtained the release of all liens on the motor 438 vehicle or mobile home or has fully paid the amounts due to the 439 owner and the lienholder; 440 b.Has attested on a form provided by the department that 441 payment of the total loss claim has been distributed or, if a 442 release of all liens has not been obtained, that amounts due to 443 the owner and the lienholder have been paid in full; and 444 c.Has attested on a form provided by the department and 445 signed by the insurance company or its authorized agent stating 446 the attempts that have been made to obtain the title from the 447 owner or the lienholder and further stating that all attempts 448 are to no avail. The form must include a request that the 449 salvage certificate of title or certificate of destruction be 450 issued in the insurance companys name due to payment of a total 451 loss claim to the owner or lienholder. The attempts to contact 452 the owner or the lienholder may be by written request delivered 453 in person or by first-class mail with a certificate of mailing 454 to the owners or lienholders last known address. 455 2.If the owner or the lienholder is notified of the 456 request for title in person, the insurance company must provide 457 an affidavit attesting to the in-person request for a 458 certificate of title. 459 3.The request to the owner or the lienholder for the 460 certificate of title must include a complete description of the 461 motor vehicle or mobile home and the statement that a total loss 462 claim has been paid on the motor vehicle or mobile home. 463 464 The department is not liable to, and may not be held liable by, 465 an owner, a lienholder, or any other person as a result of the 466 issuance of a salvage title or a certificate of destruction 467 pursuant to this paragraph. 468 Section 9.Paragraph (b) of subsection (1) of section 469 320.06, Florida Statutes, is amended to read: 470 320.06Registration certificates, license plates, and 471 validation stickers generally. 472 (1) 473 (b)1.Registration license plates bearing a graphic symbol 474 and the alphanumeric system of identification shall be issued 475 for a 10-year period. At the end of the 10-year period, upon 476 renewal, the plate shall be replaced. The department shall 477 extend the scheduled license plate replacement date from a 6 478 year period to a 10-year period. The fee for such replacement is 479 $28, $2.80 of which shall be paid each year before the plate is 480 replaced, to be credited toward the next $28 replacement fee. 481 The fees shall be deposited into the Highway Safety Operating 482 Trust Fund. A credit or refund may not be given for any prior 483 years payments of the prorated replacement fee if the plate is 484 replaced or surrendered before the end of the 10-year period, 485 except that a credit may be given if a registrant is required by 486 the department to replace a license plate under s. 487 320.08056(8)(a). With each license plate, a validation sticker 488 shall be issued showing the owners birth month, license plate 489 number, and the year of expiration or the appropriate renewal 490 period if the owner is not a natural person. The validation 491 sticker shall be placed on the upper right corner of the license 492 plate. The license plate and validation sticker shall be issued 493 based on the applicants appropriate renewal period. The 494 registration period is 12 months, the extended registration 495 period is 24 months, and all expirations occur based on the 496 applicants appropriate registration period. Rental vehicles 497 taxed pursuant to s. 320.08(6)(a) and rental trucks taxed 498 pursuant to ss. 320.08(3)(a), (b), and (c) and (4)(a)-(d) may 499 elect a permanent registration period, provided payment of the 500 appropriate license taxes and fees occurs annually. 501 2.A vehicle that has an apportioned registration shall be 502 issued an annual license plate and a cab card that denote the 503 declared gross vehicle weight for each apportioned jurisdiction 504 in which the vehicle is authorized to operate. This subparagraph 505 expires June 30, 2024. 506 3.Beginning July 1, 2024, a vehicle registered in 507 accordance with the International Registration Plan must be 508 issued a license plate for a 3-year period. At the end of the 3 509 year period, upon renewal, the license plate must be replaced. 510 Each license plate must include a validation sticker showing the 511 month of expiration. A cab card denoting the declared gross 512 vehicle weight for each apportioned jurisdiction must be issued 513 annually. The fee for an original or a renewal cab card is $28, 514 which must be deposited into the Highway Safety Operating Trust 515 Fund. If the license plate is damaged or worn, it may be 516 replaced at no charge by applying to the department and 517 surrendering the current license plate. 518 4.In order to retain the efficient administration of the 519 taxes and fees imposed by this chapter, the 80-cent fee increase 520 in the replacement fee imposed by chapter 2009-71, Laws of 521 Florida, is negated as provided in s. 320.0804. 522 Section 10.Present subsections (16) through (48) of 523 section 322.01, Florida Statutes, are redesignated as 524 subsections (17) through (49), respectively, a new subsection 525 (16) is added to that section, and subsection (5) and present 526 subsections (37) and (41) of that section are amended, to read: 527 322.01Definitions.As used in this chapter: 528 (5)Cancellation means the act of declaring a driver 529 license void and terminated, but does not include a downgrade. 530 (16)Downgrade has the same meaning as the term CDL 531 downgrade, as defined in 49 C.F.R. s. 383.5(4). 532 (38)(37)Revocation means the termination of a licensees 533 privilege to drive, but does not include a downgrade. 534 (42)(41)Suspension means the temporary withdrawal of a 535 licensees privilege to drive a motor vehicle, but does not 536 include a downgrade. 537 Section 11.Subsection (2) of section 322.02, Florida 538 Statutes, is amended to read: 539 322.02Legislative intent; administration. 540 (2)The Department of Highway Safety and Motor Vehicles is 541 charged with the administration and function of enforcement of 542 the provisions of this chapter and the enforcement and 543 administration of 49 C.F.R. parts 382-386 and 390-397. 544 Section 12.Present subsections (4) through (12) of section 545 322.05, Florida Statutes, are redesignated as subsections (5) 546 through (13), respectively, and a new subsection (4) is added to 547 that section, to read: 548 322.05Persons not to be licensed.The department may not 549 issue a license: 550 (4)To any person, as a commercial vehicle operator, who is 551 ineligible to operate a commercial vehicle pursuant to 49 C.F.R. 552 part 383. 553 Section 13.Subsection (3) of section 322.07, Florida 554 Statutes, is amended to read: 555 322.07Instruction permits and temporary licenses. 556 (3)Any person who, except for his or her lack of 557 instruction in operating a commercial motor vehicle, would 558 otherwise be qualified to obtain a commercial driver license 559 under this chapter, may apply for a temporary commercial 560 instruction permit. The department shall issue such a permit 561 entitling the applicant, while having the permit in his or her 562 immediate possession, to drive a commercial motor vehicle on the 563 highways, if: 564 (a)The applicant possesses a valid Florida driver license; 565 and 566 (b)The applicant, while operating a commercial motor 567 vehicle, is accompanied by a licensed driver who is 21 years of 568 age or older, who is licensed to operate the class of vehicle 569 being operated, and who is occupying the closest seat to the 570 right of the driver; and. 571 (c)The department has not been notified pursuant to 49 572 C.F.R. s. 382.501(a) that the applicant is prohibited from 573 operating a commercial motor vehicle. 574 Section 14.Subsection (4) of section 322.142, Florida 575 Statutes, is amended to read: 576 322.142Color photographic or digital imaged licenses. 577 (4)The department may maintain a film negative or print 578 file. The department shall maintain a record of the digital 579 image and signature of the licensees, together with other data 580 required by the department for identification and retrieval. 581 Reproductions from the file or digital record are exempt from 582 the provisions of s. 119.07(1) and may be made and issued only 583 in any of the following manners: 584 (a)For departmental administrative purposes.; 585 (b)For the issuance of duplicate licenses.; 586 (c)In response to law enforcement agency requests.; 587 (d)To the Department of Business and Professional 588 Regulation and the Department of Health pursuant to an 589 interagency agreement for the purpose of accessing digital 590 images for reproduction of licenses issued by the Department of 591 Business and Professional Regulation or the Department of 592 Health.; 593 (e)To the Department of State pursuant to an interagency 594 agreement to facilitate determinations of eligibility of voter 595 registration applicants and registered voters in accordance with 596 ss. 98.045 and 98.075.; 597 (f)To the Department of Revenue pursuant to an interagency 598 agreement for use in establishing paternity and establishing, 599 modifying, or enforcing support obligations in Title IV-D 600 cases.; 601 (g)To the Department of Children and Families pursuant to 602 an interagency agreement to conduct protective investigations 603 under part III of chapter 39 and chapter 415.; 604 (h)To the Department of Children and Families pursuant to 605 an interagency agreement specifying the number of employees in 606 each of that departments regions to be granted access to the 607 records for use as verification of identity to expedite the 608 determination of eligibility for public assistance and for use 609 in public assistance fraud investigations.; 610 (i)To the Agency for Health Care Administration pursuant 611 to an interagency agreement for the purpose of authorized 612 agencies verifying photographs in the Care Provider Background 613 Screening Clearinghouse authorized under s. 435.12.; 614 (j)To the Department of Financial Services pursuant to an 615 interagency agreement to facilitate the location of owners of 616 unclaimed property, the validation of unclaimed property claims, 617 the identification of fraudulent or false claims, and the 618 investigation of allegations of violations of the insurance code 619 by licensees and unlicensed persons.; 620 (k)To the Department of Economic Opportunity pursuant to 621 an interagency agreement to facilitate the validation of 622 reemployment assistance claims and the identification of 623 fraudulent or false reemployment assistance claims.; 624 (l)To district medical examiners pursuant to an 625 interagency agreement for the purpose of identifying a deceased 626 individual, determining cause of death, and notifying next of 627 kin of any investigations, including autopsies and other 628 laboratory examinations, authorized in s. 406.11.; 629 (m)To the following persons for the purpose of identifying 630 a person as part of the official work of a court: 631 1.A justice or judge of this state; 632 2.An employee of the state courts system who works in a 633 position that is designated in writing for access by the Chief 634 Justice of the Supreme Court or a chief judge of a district or 635 circuit court, or by his or her designee; or 636 3.A government employee who performs functions on behalf 637 of the state courts system in a position that is designated in 638 writing for access by the Chief Justice or a chief judge, or by 639 his or her designee.; or 640 (n)To the Agency for Health Care Administration pursuant 641 to an interagency agreement to prevent health care fraud. If the 642 Agency for Health Care Administration enters into an agreement 643 with a private entity to carry out duties relating to health 644 care fraud prevention, such contracts shall include, but need 645 not be limited to: 646 1.Provisions requiring internal controls and audit 647 processes to identify access, use, and unauthorized access of 648 information. 649 2.A requirement to report unauthorized access or use to 650 the Agency for Health Care Administration within 1 business day 651 after the discovery of the unauthorized access or use. 652 3.Provisions for liquidated damages for unauthorized 653 access or use of no less than $5,000 per occurrence. 654 (o)To any criminal justice agency, as defined in s. 655 943.045(11), pursuant to an interagency agreement for use in 656 carrying out the criminal justice agencys functions. 657 (p)To the driver licensing agency of any other state for 658 purposes of validating the identity of an applicant for a driver 659 license or identification card. 660 Section 15.Subsection (8) and paragraph (a) of subsection 661 (9) of section 322.21, Florida Statutes, are amended to read: 662 322.21License fees; procedure for handling and collecting 663 fees. 664 (8)A person who applies for reinstatement following the 665 suspension or revocation of the persons driver license must pay 666 a service fee of $45 following a suspension, and $75 following a 667 revocation, which is in addition to the fee for a license. A 668 person who applies for reinstatement of a commercial driver 669 license following the disqualification or downgrade of the 670 persons privilege to operate a commercial motor vehicle shall 671 pay a service fee of $75, which is in addition to the fee for a 672 license. The department shall collect all of these fees at the 673 time of reinstatement. The department shall issue proper 674 receipts for such fees and shall promptly transmit all funds 675 received by it as follows: 676 (a)Of the $45 fee received from a licensee for 677 reinstatement following a suspension: 678 1.If the reinstatement is processed by the department, the 679 department shall deposit $15 in the General Revenue Fund and $30 680 in the Highway Safety Operating Trust Fund. 681 2.If the reinstatement is processed by the tax collector, 682 $15, less the general revenue service charge set forth in s. 683 215.20(1), shall be retained by the tax collector, $15 shall be 684 deposited into the Highway Safety Operating Trust Fund, and $15 685 shall be deposited into the General Revenue Fund. 686 (b)Of the $75 fee received from a licensee for 687 reinstatement following a revocation, or disqualification, or 688 downgrade: 689 1.If the reinstatement is processed by the department, the 690 department shall deposit $35 in the General Revenue Fund and $40 691 in the Highway Safety Operating Trust Fund. 692 2.If the reinstatement is processed by the tax collector, 693 $20, less the general revenue service charge set forth in s. 694 215.20(1), shall be retained by the tax collector, $20 shall be 695 deposited into the Highway Safety Operating Trust Fund, and $35 696 shall be deposited into the General Revenue Fund. 697 698 If the revocation or suspension of the driver license was for a 699 violation of s. 316.193, or for refusal to submit to a lawful 700 breath, blood, or urine test, an additional fee of $130 must be 701 charged. However, only one $130 fee may be collected from one 702 person convicted of violations arising out of the same incident. 703 The department shall collect the $130 fee and deposit the fee 704 into the Highway Safety Operating Trust Fund at the time of 705 reinstatement of the persons driver license, but the fee may 706 not be collected if the suspension or revocation is overturned. 707 If the revocation or suspension of the driver license was for a 708 conviction for a violation of s. 817.234(8) or (9) or s. 709 817.505, an additional fee of $180 is imposed for each offense. 710 The department shall collect and deposit the additional fee into 711 the Highway Safety Operating Trust Fund at the time of 712 reinstatement of the persons driver license. 713 (9)An applicant: 714 (a)Requesting a review authorized in s. 322.222, s. 715 322.2615, s. 322.2616, s. 322.27, s. 322.591, or s. 322.64 must 716 pay a filing fee of $25 to be deposited into the Highway Safety 717 Operating Trust Fund. 718 Section 16.Section 322.591, Florida Statutes, is created 719 to read: 720 322.591Commercial driver license and commercial 721 instruction permit; Commercial Drivers License Drug and Alcohol 722 Clearinghouse; prohibition on issuance of commercial driver 723 licenses; downgrades. 724 (1) Beginning November 18, 2024, when a person applies for 725 or seeks to renew, transfer, or make any other change to a 726 commercial driver license or commercial instruction permit, the 727 department must obtain the drivers record from the Commercial 728 Drivers License Drug and Alcohol Clearinghouse established 729 pursuant to 49 C.F.R. part 382. The department may not issue, 730 renew, transfer, or revise the types of authorized vehicles that 731 may be operated or the endorsements applicable to a commercial 732 driver license or commercial instruction permit for any person 733 for whom the department receives notification pursuant to 49 734 C.F.R. s. 382.501(a) that the person is prohibited from 735 operating a commercial vehicle. 736 (2) Beginning November 18, 2024, the department shall 737 downgrade the commercial driver license or commercial 738 instruction permit of any driver if the department receives 739 notification that, pursuant to 49 C.F.R. s. 382.501(a), the 740 driver is prohibited from operating a commercial motor vehicle. 741 Any such downgrade must be completed and recorded by the 742 department in the Commercial Drivers License Information System 743 within 60 days after the departments receipt of such 744 notification. 745 (3)(a) Beginning November 18, 2024, upon receipt of 746 notification pursuant to 49 C.F.R. s. 382.501(a) that a driver 747 is prohibited from operating a motor vehicle, the department 748 shall immediately notify the driver who is the subject of such 749 notification that he or she is prohibited from operating a 750 commercial motor vehicle and, upon his or her request, must 751 afford him or her an opportunity for an informal hearing 752 pursuant to this section. The departments notice must be 753 provided to the driver in the same manner as, and providing such 754 notice has the same effect as, notices provided pursuant to s. 755 322.251(1) and (2). 756 (b) Such informal hearing must be requested not later than 757 20 days after the driver receives the notice of the downgrade. 758 If a request for a hearing, together with the filing fee 759 required pursuant to s. 322.21, is not received within 20 days 760 after receipt of such notice, the department must enter a final 761 order directing the downgrade of the drivers commercial driver 762 license or commercial instruction permit, unless the department 763 receives notification pursuant to 49 C.F.R. s. 382.503(a) that 764 the driver is no longer prohibited from operating a commercial 765 vehicle. 766 (c) A hearing requested pursuant to paragraph (b) must be 767 scheduled and held not later than 30 days after receipt by the 768 department of a request for the hearing, together with the 769 filing fee required pursuant to s. 322.21. The submission of a 770 request for hearing pursuant to this subsection tolls the 771 deadline to file a petition for writ of certiorari pursuant to 772 s. 322.31 until after the department enters a final order after 773 a hearing pursuant to this subsection. 774 (d) The informal hearing authorized pursuant to this 775 subsection is exempt from the provisions of chapter 120. Such 776 hearing must be conducted before a hearing officer designated by 777 the department. The hearing officer may conduct such hearing 778 from any location in this state by means of communications 779 technology. 780 (e) The notification received by the department pursuant to 781 49 C.F.R. s. 382.501(a) must be in the record for consideration 782 by the hearing officer and in any proceeding pursuant to s. 783 322.31 and is considered self-authenticating. The basis for the 784 notification received by the department pursuant to 49 C.F.R. s. 785 382.501(a) and the information in the Commercial Drivers 786 License Drug and Alcohol Clearinghouse which resulted in such 787 notification is not subject to challenge in the hearing or in 788 any proceeding brought under s. 322.31. 789 (f) If, before the entry of a final order arising from a 790 notification received by the department pursuant to 49 C.F.R. s. 791 382.501(a), the department receives notification pursuant to 49 792 C.F.R. s. 382.503(a) that the driver is no longer prohibited 793 from operating a commercial vehicle, the department must dismiss 794 the action to downgrade the drivers commercial driver license 795 or commercial instruction permit. 796 (g) Upon the entry of a final order that results in the 797 downgrade of a drivers commercial driver license or commercial 798 instruction permit, the department shall record immediately in 799 the drivers record that the driver is disqualified from 800 operating or driving a commercial motor vehicle. The downgrade 801 of a commercial driver license or commercial instruction permit 802 pursuant to a final order entered pursuant to this section, and, 803 upon the entry of a final order, the recording in the drivers 804 record that the driver subject to such a final order is 805 disqualified from operating or driving a commercial motor 806 vehicle, are not stayed during the pendency of any proceeding 807 pursuant to s. 322.31. 808 (h) If, after the entry of a final order that results in 809 the downgrade of a drivers commercial driver license or 810 commercial instruction permit and the department recording in 811 the drivers record that the driver is disqualified from 812 operating or driving a commercial motor vehicle, the department 813 receives notification pursuant to 49 C.F.R. s. 382.503(a) that 814 the driver is no longer prohibited from operating a commercial 815 vehicle, the department must reinstate the drivers commercial 816 driver license or commercial instruction permit upon application 817 by such driver. 818 (i) The department is not liable for any commercial driver 819 license or commercial instruction permit downgrade resulting 820 from the discharge of its duties. 821 (j) This section is the exclusive procedure for the 822 downgrade of a commercial driver license or commercial 823 instruction permit following notification the department 824 receives pursuant to 49 C.F.R. s. 382.501(a) that a driver is 825 prohibited from operating a commercial motor vehicle. 826 (k) The downgrade of a commercial driver license or 827 commercial instruction permit of a person pursuant to this 828 section does not preclude the suspension of the driving 829 privilege for that person pursuant to s. 322.2615 or the 830 disqualification of that person from operating a commercial 831 vehicle pursuant to s. 322.64. The driving privilege of a person 832 whose commercial driver license or commercial instruction permit 833 has been downgraded pursuant to this section also may be 834 suspended for a violation of s. 316.193. 835 (4) Beginning November 18, 2024, a driver for whom the 836 department receives notification that, pursuant to 49 C.F.R. s. 837 382.501(a), such person is prohibited from operating a 838 commercial motor vehicle may, if otherwise qualified, be issued 839 a Class E driver license pursuant to s. 322.251(4), valid for 840 the length of his or her unexpired license period, at no cost. 841 Section 17.Subsection (2) of section 322.34, Florida 842 Statutes, is amended to read: 843 322.34Driving while license suspended, revoked, canceled, 844 or disqualified. 845 (2)Any person whose driver license or driving privilege 846 has been canceled, suspended, or revoked as provided by law, or 847 who does not have a driver license or driving privilege but is 848 under suspension or revocation equivalent status as defined in 849 s. 322.01 s. 322.01(42), except persons defined in s. 322.264, 850 who, knowing of such cancellation, suspension, revocation, or 851 suspension or revocation equivalent status, drives any motor 852 vehicle upon the highways of this state while such license or 853 privilege is canceled, suspended, or revoked, or while under 854 suspension or revocation equivalent status, commits: 855 (a)A misdemeanor of the second degree, punishable as 856 provided in s. 775.082 or s. 775.083. 857 (b)1.A misdemeanor of the first degree, punishable as 858 provided in s. 775.082 or s. 775.083, upon a second or 859 subsequent conviction, except as provided in paragraph (c). 860 2.A person convicted of a third or subsequent conviction, 861 except as provided in paragraph (c), must serve a minimum of 10 862 days in jail. 863 (c)A felony of the third degree, punishable as provided in 864 s. 775.082, s. 775.083, or s. 775.084, upon a third or 865 subsequent conviction if the current violation of this section 866 or the most recent prior violation of the section is related to 867 driving while license canceled, suspended, revoked, or 868 suspension or revocation equivalent status resulting from a 869 violation of: 870 1.Driving under the influence; 871 2.Refusal to submit to a urine, breath-alcohol, or blood 872 alcohol test; 873 3.A traffic offense causing death or serious bodily 874 injury; or 875 4.Fleeing or eluding. 876 877 The element of knowledge is satisfied if the person has been 878 previously cited as provided in subsection (1); or the person 879 admits to knowledge of the cancellation, suspension, or 880 revocation, or suspension or revocation equivalent status; or 881 the person received notice as provided in subsection (4). There 882 shall be a rebuttable presumption that the knowledge requirement 883 is satisfied if a judgment or order as provided in subsection 884 (4) appears in the departments records for any case except for 885 one involving a suspension by the department for failure to pay 886 a traffic fine or for a financial responsibility violation. 887 Section 18.Subsection (4) of section 322.61, Florida 888 Statutes, is amended to read: 889 322.61Disqualification from operating a commercial motor 890 vehicle. 891 (4)Any person who is transporting hazardous materials as 892 defined in s. 322.01 s. 322.01(24) shall, upon conviction of an 893 offense specified in subsection (3), be disqualified from 894 operating a commercial motor vehicle for a period of 3 years. 895 The penalty provided in this subsection shall be in addition to 896 any other applicable penalty. 897 Section 19.Except as otherwise expressly provided in this 898 act, this act shall take effect July 1, 2023.