Florida 2025 2025 Regular Session

Florida Senate Bill S0044 Comm Sub / Bill

Filed 03/06/2025

 Florida Senate - 2025 CS for SB 44  By the Committee on Transportation; and Senator Rodriguez 596-02131-25 202544c1 1 A bill to be entitled 2 An act relating to motor vehicles; amending s. 3 316.2397, F.S.; reclassifying the offense of driving, 4 moving, or causing to be moved a vehicle or equipment 5 with certain lighting on a highway as a third degree 6 felony; amending s. 320.061, F.S.; prohibiting a 7 person from knowingly using a license plate obscuring 8 device; providing criminal penalties; reclassifying 9 the offense of interfering with the legibility, 10 angular visibility, or detectability of any feature or 11 detail on a license plate or interfering with the 12 ability to record any feature on a license plate as a 13 misdemeanor of the second degree; creating s. 320.262, 14 F.S.; defining the term license plate obscuring 15 device; prohibiting the purchase, possession, 16 manufacture, sale, offering for sale, or distribution 17 of a license plate obscuring device; providing 18 criminal penalties; providing criminal penalties for 19 using a license plate obscuring device, knowingly 20 attaching to a motor vehicle a license plate that was 21 not assigned or transferred to the motor vehicle, 22 altering the original appearance of a license plate, 23 or interfering with the legibility, angular 24 visibility, or detectability of any feature or detail 25 on a license plate during the commission of a crime; 26 providing criminal penalty enhancements for a crime 27 committed while using a license plate obscuring 28 device, knowingly attaching to a motor vehicle a 29 license plate that was not assigned or transferred to 30 the motor vehicle, altering the original appearance of 31 a license plate, or interfering with the legibility, 32 angular visibility, or detectability of any feature or 33 detail on a license plate; providing an effective 34 date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1.Paragraph (a) of subsection (10) of section 39 316.2397, Florida Statutes, is amended, and subsection (1) of 40 that section is republished, to read: 41 316.2397Certain lights prohibited; exceptions. 42 (1)A person may not drive or move or cause to be moved any 43 vehicle or equipment upon any highway within this state with any 44 lamp or device thereon showing or displaying a red, red and 45 white, or blue light visible from directly in front thereof 46 except for certain vehicles provided in this section. 47 (10)(a)A person who violates subsection (1) and in so 48 doing effects or attempts to effect a stop of another vehicle 49 commits a felony misdemeanor of the third first degree, 50 punishable as provided in s. 775.082 or s. 775.083. 51 Section 2.Section 320.061, Florida Statutes, is amended to 52 read: 53 320.061Unlawful to alter motor vehicle registration 54 certificates, license plates, temporary license plates, mobile 55 home stickers, or validation stickers or to obscure license 56 plates; penalty.A person may not alter the original appearance 57 of a vehicle registration certificate, license plate, temporary 58 license plate, mobile home sticker, or validation sticker issued 59 for and assigned to a motor vehicle or mobile home, whether by 60 mutilation, alteration, defacement, or change of color or in any 61 other manner. A person who makes such alteration commits a 62 noncriminal traffic infraction, punishable as a moving violation 63 as provided in chapter 318. A person may not knowingly use a 64 license plate obscuring device as defined in s. 320.262(1) or 65 apply or attach a substance, reflective matter, illuminated 66 device, spray, coating, covering, or other material onto or 67 around any license plate which interferes with the legibility, 68 angular visibility, or detectability of any feature or detail on 69 the license plate or interferes with the ability to record any 70 feature or detail on the license plate. A person who so 71 interferes with a license plate commits a misdemeanor of the 72 second degree, punishable as provided in s. 775.082 or s. 73 775.083 violates this section commits a noncriminal traffic 74 infraction, punishable as a moving violation as provided in 75 chapter 318. 76 Section 3.Section 320.262, Florida Statutes, is created to 77 read: 78 320.262License plate obscuring device prohibited; 79 penalties; enhanced penalties for license plate offenses. 80 (1)For purposes of this section, the term license plate 81 obscuring device means a manual, electronic, or mechanical 82 device designed or adapted to be installed on a motor vehicle 83 which: 84 (a)Switches between two or more license plates for the 85 purpose of allowing a motor vehicle operator to change the 86 license plate displayed on the motor vehicle; 87 (b)Hides a license plate from view by flipping the license 88 plate so that the license plate number is not visible; 89 (c)Covers, obscures, or otherwise interferes with the 90 legibility, angular visibility, or detectability of any feature 91 or detail on the license plate; or 92 (d)Interferes with the ability to record any feature or 93 detail on the license plate. 94 (2)A person may not purchase or possess a license plate 95 obscuring device. A person who violates this subsection commits 96 a misdemeanor of the second degree, punishable as provided in s. 97 775.082 or s. 775.083. 98 (3)A person may not manufacture, sell, offer to sell, or 99 otherwise distribute a license plate obscuring device. A person 100 who violates this subsection commits a misdemeanor of the first 101 degree, punishable as provided in s. 775.082 or s. 775.083. 102 (4)(a)A person who, during the commission of any other 103 crime, knowingly violates s. 320.061 or s. 320.261 commits a 104 felony of the third degree, punishable as provided in s. 775.082 105 or s. 775.083. 106 (b)A person who violates paragraph (a) is subject to 107 enhanced penalties for the other crime as follows: 108 1.A misdemeanor of the second degree shall be punished as 109 if it were a misdemeanor of the first degree. 110 2.A misdemeanor of the first degree shall be punished as 111 if it were a felony of the third degree. 112 3.A felony of the third degree shall be punished as if it 113 were a felony of the second degree. 114 4.A felony of the second degree shall be punished as if it 115 were a felony of the first degree. 116 5.A felony of the first degree shall be punished as if it 117 were a life felony. 118 Section 4.This act shall take effect October 1, 2025.