Bill Text: FL S1104 | 2018 | Regular Session | Engrossed
Bill Title: Transportation
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2018-03-10 - Died in Messages [S1104 Detail]
Download: Florida-2018-S1104-Engrossed.html
CS for CS for SB 1104 First Engrossed 20181104e1 1 A bill to be entitled 2 An act relating to transportation; amending s. 20.23, 3 F.S.; requiring the Department of Transportation to 4 consist of a central office that establishes policies 5 and procedures and districts that carry out projects 6 as authorized or required under the policies and 7 procedures of the central office; deleting the 8 requirement that the Secretary of Transportation be 9 appointed from among three persons nominated by the 10 Florida Transportation Commission; amending s. 11 316.003, F.S.; adding, deleting, and revising 12 definitions; amending s. 316.008, F.S.; authorizing a 13 mobile carrier to be operated on sidewalks and 14 crosswalks within a county or municipality when such 15 use is permissible under federal law; providing 16 construction; amending s. 316.0895, F.S.; providing 17 construction; deleting a provision relating to 18 prohibitions on certain vehicles following other 19 vehicles within 300 feet; repealing s. 316.0896, F.S., 20 relating to the assistive truck platooning technology 21 pilot project; creating s. 316.0897, F.S.; authorizing 22 a platoon to be operated on a roadway in this state 23 after an operator takes specified actions; requiring 24 the Department of Transportation to adopt rules for 25 the issuance of permits for the operation of platoons, 26 subject to certain requirements; providing for the 27 future repeal of this section; amending s. 316.2071, 28 F.S.; authorizing a mobile carrier to operate on 29 sidewalks and crosswalks; providing that a mobile 30 carrier operating on a sidewalk or crosswalk has all 31 the rights and duties applicable to a pedestrian under 32 the same circumstances, except that the mobile carrier 33 must not unreasonably interfere with pedestrians or 34 traffic and must yield the right-of-way to pedestrians 35 on the sidewalk or crosswalk; specifying requirements 36 for a mobile carrier; prohibiting a mobile carrier 37 from taking specified actions; amending s. 316.302, 38 F.S.; revising regulations to which owners and drivers 39 of commercial motor vehicles are subject; delaying the 40 requirement for electronic logging devices and support 41 documents for certain intrastate motor carriers; 42 deleting a limitation on a civil penalty for 43 falsification of certain time records; deleting a 44 requirement that a motor carrier maintain certain 45 documentation of driving times; providing an exemption 46 from specified provisions for a person who operates a 47 commercial motor vehicle having a certain gross 48 vehicle weight, gross vehicle weight rating, and gross 49 combined weight rating; deleting the exemption from 50 such provisions for a person transporting petroleum 51 products; amending s. 316.303, F.S.; conforming a 52 provision to changes made by the act; amending s. 53 316.85, F.S.; authorizing the Florida Turnpike 54 Enterprise to fund, construct, and operate test 55 facilities for the advancement of autonomous and 56 connected innovative transportation technology 57 solutions for specified purposes; amending s. 319.141, 58 F.S.; redefining the term “rebuilt inspection 59 services”; deleting obsolete language; requiring the 60 Department of Highway Safety and Motor Vehicles to 61 ensure that an applicant of the pilot rebuilt motor 62 vehicle inspection program meets basic criteria 63 designed to protect the public before the applicant is 64 renewed; revising requirements for the applicant; 65 requiring the operator of a facility to annually make 66 certain attestations; prohibiting a program 67 participant from conducting an inspection of a vehicle 68 rebuilt before its purchase by the current applicant; 69 requiring that such vehicles be inspected by the 70 department; requiring any applicant that fails an 71 initial rebuilt inspection to have that vehicle 72 reinspected only by the department or the facility 73 that conducted the original inspection; prohibiting 74 any person or business authorized by the department to 75 train, certify, or recertify operators and inspectors 76 of private rebuilt motor vehicle inspection facilities 77 from certifying or recertifying themselves or any of 78 their employees; requiring the department to conduct 79 an onsite facility inspection at least twice a year; 80 requiring a current operator to give the department 81 certain notice of a transfer before any transfer of a 82 rebuilt inspection facility; requiring a transferee to 83 meet certain eligibility requirements and execute a 84 new memorandum of understanding with the department 85 before operating the facility; extending the date for 86 future repeal of this section; requiring the 87 department to submit a certain written report to the 88 Legislature on or before a specified date; amending s. 89 319.32, F.S.; prohibiting the department and the tax 90 collector from charging any fee or service charge, 91 except for the expedited title fee, if applicable, for 92 a certificate of title issued for a motor vehicle to 93 transfer the title from a deceased owner to a 94 surviving parent or any surviving child, if the parent 95 or child is a resident of this state, the vehicle is 96 titled in this state before the transfer, and the 97 parent or child applies for the title transfer within 98 a specified period after the death of the owner; 99 amending s. 320.01, F.S.; revising definitions; 100 amending s. 320.02, F.S.; requiring the application 101 form for motor vehicle registration and renewal of 102 registration to include language permitting a 103 voluntary contribution of a specified amount per 104 applicant to aid in Alzheimer’s and other related 105 dementia research; requiring such contributions to be 106 distributed to the Alzheimer’s Association, Inc., for 107 the purpose of supporting research conducted in this 108 state; providing that a mobile carrier is not required 109 to satisfy specified registration and insurance 110 requirements; amending s. 320.03, F.S.; preempting to 111 the state jurisdiction over the electronic filing 112 system for use by authorized electronic filing system 113 agents to process title transactions, derelict motor 114 vehicle certificates, and certain certificates of 115 destruction for derelict and salvage motor vehicles; 116 authorizing an entity that, in the normal course of 117 its business, processes title transactions, derelict 118 motor vehicle certificates, or certain certificates of 119 destruction for derelict or salvage motor vehicles and 120 meets all established requirements, to be an 121 authorized electronic filing system agent; prohibiting 122 such an entity from being precluded from participating 123 in the electronic filing system in any county; 124 deleting provisions requiring the department to adopt 125 certain rules to replace specified program standards; 126 authorizing the department to adopt certain rules; 127 amending s. 320.06, F.S.; requiring a vehicle that has 128 an apportioned registration to be issued, before a 129 specified date, an annual license plate and a cab card 130 denoting the declared gross vehicle weight; providing 131 requirements, beginning on a specified date, for 132 license plates, cab cards, and validation stickers for 133 vehicles registered in accordance with the 134 International Registration Plan; providing a specified 135 fee for initial and renewed validation stickers; 136 requiring the fee to be deposited into the Highway 137 Safety Operating Trust Fund; authorizing a damaged or 138 worn license plate to be replaced at no charge under 139 certain circumstances; providing an exception to the 140 design of dealer license plates for specialty license 141 plates; amending s. 320.0605, F.S.; requiring that the 142 department-authorized paper or electronic registration 143 certificate or an official copy and a true copy or an 144 electronic copy of rental or lease documentation 145 issued for a motor vehicle or issued for a replacement 146 vehicle in the same registration period be in the 147 possession of the operator thereof or be carried in 148 the vehicle for which issued and be exhibited upon 149 demand of any authorized law enforcement officer or 150 any agent of the department; specifying that the act 151 of presenting to a law enforcement officer or agent of 152 the department an electronic device displaying an 153 electronic copy of rental or lease documentation does 154 not constitute consent for the officer or agent to 155 access any information on the device other than the 156 displayed rental or lease documentation; requiring the 157 person who presents the device to the officer or agent 158 to assume the liability for any resulting damage to 159 the device; providing that rental or lease 160 documentation that includes the date and time of 161 rental is sufficient to satisfy a specified 162 requirement; amending s. 320.0607, F.S.; providing an 163 exemption, beginning on a specified date, from a 164 certain fee for vehicles registered under the 165 International Registration Plan; amending s. 320.0657, 166 F.S.; providing an exception to the design of fleet 167 license plates for specialty license plates; 168 authorizing fleet companies to purchase specialty 169 license plates in lieu of the standard fleet license 170 plates for additional specified fees; requiring fleet 171 companies to be responsible for all costs associated 172 with the specialty license plate; amending s. 320.08, 173 F.S.; authorizing dealers to purchase specialty 174 license plates in lieu of the standard graphic dealer 175 license plates for additional specified fees; 176 requiring dealers to be responsible for all costs 177 associated with the specialty license plate; amending 178 s. 320.08056, F.S.; allowing the department to 179 authorize dealer and fleet specialty license plates; 180 authorizing a dealer or fleet company to purchase 181 specialty license plates to be used on dealer and 182 fleet vehicles with the permission of the sponsoring 183 specialty license plate organization; requiring a 184 dealer or fleet specialty license plate to include 185 specified letters on the right side of the license 186 plate; requiring dealer and fleet specialty license 187 plates to be ordered directly through the department; 188 establishing annual use fees for certain specialty 189 license plates; amending s. 320.08058, F.S.; directing 190 the Department of Highway Safety and Motor Vehicles to 191 develop certain specialty license plates; providing 192 for distribution and use of fees collected from the 193 sale of the plates; amending s. 320.131, F.S.; 194 authorizing, beginning on a specified date, the 195 department to partner with a county tax collector to 196 conduct a Fleet Vehicle Temporary Tag pilot program, 197 subject to certain requirements; providing for future 198 repeal; amending s. 320.95, F.S.; authorizing the 199 department to authorize the format of an electronic 200 certificate of registration in addition to printing a 201 paper registration certificate; authorizing the 202 operator to present for inspection an electronic 203 device displaying a department-issued electronic 204 certificate or registration issued under certain 205 circumstances; providing that such presentation does 206 not constitute consent for inspection of any 207 information on the device other than the displayed 208 certificate of registration; providing that the person 209 who presents the device to the officer assumes the 210 liability for any resulting damage to the device; 211 amending s. 322.01, F.S.; providing definitions; 212 amending s. 322.032, F.S.; directing the department to 213 implement protocols for issuing an optional electronic 214 credential and procure a related technology solution; 215 providing requirements for qualified entities; 216 requiring the department to maintain certain protocols 217 and national standards; requiring the department to 218 timely review and approve all electronic credential 219 provider requests for authorized access to certain 220 interfaces that meet the agency’s requirements; 221 providing requirements for an electronic credential 222 provider and the electronic credential and 223 verification solution; requiring the department to 224 procure electronic credential providers and a 225 credential service provider; requiring the department 226 to enter into specified agreements with electronic 227 credential providers; requiring a report to the 228 Legislature and the Governor; requiring that the 229 department provide electronic credential providers 230 access to a standardized digital transaction process 231 that has specified capabilities; requiring that 232 certain revenue be deposited into the Motor Vehicle 233 License Clearing Trust Fund for distribution; 234 authorizing the department to assess a competitive 235 market rate fee structure; prohibiting certain fees; 236 requiring that an electronic credential be in a format 237 that allows certain entities to verify the 238 authenticity of such electronic credential and to 239 validate certain privileges; providing that presenting 240 an electronic device displaying an electronic 241 credential does not constitute consent for a law 242 enforcement officer to access any other information on 243 such device; providing for the assumption of 244 liability; amending s. 322.059, F.S.; conforming a 245 provision to changes made by the act; amending s. 246 322.09, F.S.; providing that a caregiver of a minor 247 who is under a specified age and is in foster care 248 does not assume any obligation or become liable for 249 any damages caused by the negligence or willful 250 misconduct of the minor by reason of having signed the 251 minor’s application for a learner’s driver license; 252 requiring a caseworker to notify the caregiver of his 253 or her intent to sign and verify such application 254 before signing the application; amending s. 322.143, 255 F.S.; revising a definition; amending s. 322.15, F.S.; 256 conforming a provision to changes made by the act; 257 amending s. 322.38, F.S.; prohibiting a person from 258 renting a motor vehicle to another until he or she has 259 verified that the driver license of the person to whom 260 the vehicle is rented is unexpired; deleting the 261 requirement that a person renting a motor vehicle to 262 another keep a record of the date when the license of 263 the person to whom the vehicle is rented was issued; 264 specifying that a rental car company is deemed to have 265 met specified requirements when the rental car company 266 requires the renter to verify that he or she is duly 267 licensed and that the license is unexpired if the 268 rental car company rents a motor vehicle to a person 269 through certain digital, electronic, or other means; 270 specifying when such verification may occur; amending 271 s. 322.61, F.S.; conforming a cross-reference; 272 amending s. 324.021, F.S.; revising the definition of 273 the term “motor vehicle”; amending s. 324.031, F.S.; 274 authorizing the owner or operator of a taxicab, 275 limousine, jitney, or any other for-hire passenger 276 transportation vehicle to prove financial 277 responsibility by providing satisfactory evidence of 278 holding a motor vehicle liability policy that is 279 provided by an insurer that is authorized to do 280 business in this state and a member of the Florida 281 Insurance Guaranty Association or an eligible 282 nonadmitted insurer that has a certain financial 283 strength rating by a rating agency acceptable to the 284 Office of Insurance Regulation of the Financial 285 Services Commission; amending s. 324.032, F.S.; 286 decreasing the minimum amount of taxicabs, limousines, 287 jitneys, or any other for-hire passenger 288 transportation vehicles that an owner or a lessee 289 operates in order to be able to provide financial 290 responsibility by complying with specified provisions, 291 subject to certain requirements; amending s. 338.166, 292 F.S.; revising provisions relating to express lane 293 toll amounts charged according to average travel 294 speed; providing that an express lane segment is the 295 distance between the customer’s point of entry to the 296 first available exit; providing that additional 297 segments are defined by the distance between 298 subsequent exits; amending s. 338.2216, F.S.; revising 299 provisions relating to express lane toll amounts 300 charged according to level of service; providing that 301 an express lane segment is the distance between the 302 customer’s point of entry to the first available exit; 303 providing that additional segments are defined by the 304 distance between subsequent exits; deleting a 305 provision requiring a customer to be charged the 306 general toll lane toll amount plus an amount set by 307 department rule under certain circumstances; amending 308 s. 338.222, F.S.; revising provisions relating to 309 contracting and negotiation between the Department of 310 Transportation and local governmental entities for 311 acquisition, construction, or operation of turnpike 312 projects; creating s. 334.352, F.S.; prohibiting a 313 local governmental entity from preventing motor 314 vehicle access to a transportation facility or 315 transportation corridor under certain circumstances; 316 amending s. 655.960, F.S.; conforming a cross 317 reference; amending s. 812.014, F.S.; providing a 318 criminal penalty for an offender committing grand 319 theft who uses a device to interfere with a global 320 positioning or similar system; providing effective 321 dates. 322 323 Be It Enacted by the Legislature of the State of Florida: 324 325 Section 1. Subsection (1) of section 20.23, Florida 326 Statutes, is amended to read: 327 20.23 Department of Transportation.—There is created a 328 Department of Transportation which shall be a decentralized 329 agency. 330 (1)(a) The Department of Transportation shall consist of: 331 1. A central office, which establishes policies and 332 procedures; and 333 2. Districts, which carry out projects as authorized or 334 required under the policies and procedures of the central office 335 established pursuant to paragraph (3)(a). 336 (b)(a)The head of the Department of Transportation is the 337 Secretary of Transportation. The secretary shall be appointed by 338 the Governor,from among three persons nominated by the Florida339Transportation Commissionand shall besubject to confirmation 340 by the Senate. The secretary shall serve at the pleasure of the 341 Governor. 342 (c)(b)The secretary shall be a proven, effective 343 administrator who, by a combination of education and experience, 344 clearly possessesshall clearly possessa broad knowledge of the 345 administrative, financial, and technical aspects of the 346 development, operation, and regulation of transportation systems 347 and facilities or comparable systems and facilities. 348 (d)(c)The secretary shall provide to the Florida 349 Transportation Commission or its staff,such assistance, 350 information, and documents as are requested by the commission or 351 its staff to enable the commission to fulfill its duties and 352 responsibilities. 353 (e)(d)The secretary may appoint up to three assistant 354 secretaries who shall be directly responsible to the secretary 355 and who shall perform such duties as are assigned by the 356 secretary. The secretary shall designate to an assistant 357 secretary the duties related to enhancing economic prosperity, 358 including, but not limited to, the responsibility of liaison 359 with the head of economic development in the Executive Office of 360 the Governor. Such assistant secretary shall be directly 361 responsible for providing the Executive Office of the Governor 362 with investment opportunities and transportation projects that 363 expand the state’s role as a global hub for trade and investment 364 and enhance the supply chain system in the state to process, 365 assemble, and ship goods to markets throughout the eastern 366 United States, Canada, the Caribbean, and Latin America. The 367 secretary may delegate to any assistant secretary the authority 368 to act in the absence of the secretary. 369 (f)(e)Any secretary appointed after July 5, 1989, and the 370 assistant secretaries shall be exempt from the provisions of 371 part III of chapter 110 and shall receive compensation 372 commensurate with their qualifications and competitive with 373 compensation for comparable responsibility in the private 374 sector. 375 Section 2. Subsection (20) of section 316.003, Florida 376 Statutes, is amended, present subsections (21) through (37) of 377 that section are redesignated as subsections (20) through (36), 378 respectively, new subsections (37) and (52) are added to that 379 section, present subsections (52) through (99) of that section 380 are redesignated as subsections (53) through (100), 381 respectively, and subsections (40) and (51) and present 382 subsections (57) and (97) of that section are amended, to read: 383 316.003 Definitions.—The following words and phrases, when 384 used in this chapter, shall have the meanings respectively 385 ascribed to them in this section, except where the context 386 otherwise requires: 387(20) DRIVER-ASSISTIVE TRUCK PLATOONING TECHNOLOGY.—Vehicle388automation and safety technology that integrates sensor array,389wireless vehicle-to-vehicle communications, active safety390systems, and specialized software to link safety systems and391synchronize acceleration and braking between two vehicles while392leaving each vehicle’s steering control and systems command in393the control of the vehicle’s driver in compliance with the394National Highway Traffic Safety Administration rules regarding395vehicle-to-vehicle communications.396 (37) MOBILE CARRIER.—An electrically powered device that: 397 (a) Is operated on sidewalks and crosswalks and is intended 398 primarily for transporting property; 399 (b) Weighs less than 80 pounds, excluding cargo; 400 (c) Has a maximum speed of 12.5 mph; and 401 (d) Is equipped with a technology to transport personal 402 property with the active monitoring of a property owner, and 403 primarily designed to remain within 25 feet of the property 404 owner. 405 406 A mobile carrier is not considered a vehicle or personal 407 delivery device unless expressly defined by law as a vehicle or 408 personal delivery device. 409 (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a 410 self-propelled vehicle not operated upon rails or guideway, but 411 not including any bicycle, motorized scooter, electric personal 412 assistive mobility device, mobile carrier, personal delivery 413 device, swamp buggy, or moped. For purposes of s. 316.1001, 414 “motor vehicle” has the same meaning as provided in s. 415 320.01(1)(a). 416 (51) PERSONAL DELIVERY DEVICE.—An electrically powered 417 device that: 418 (a) Is operated on sidewalks and crosswalks and intended 419 primarily for transporting property; 420 (b) Weighs less than 10080pounds, excluding cargo; 421 (c) Has a maximum speed of 10 miles per hour; and 422 (d) Is equipped with technology to allow for operation of 423 the device with or without the active control or monitoring of a 424 natural person. 425 426 A personal delivery device is not considered a vehicle unless 427 expressly defined by law as a vehicle. A mobile carrier is not 428 considered a personal delivery device. 429 (52) PLATOON.—A group of individual truck-tractor semi 430 trailer combinations which do not require placards traveling in 431 a unified manner via wireless communications at electronically 432 coordinated speeds and following distances. 433 (58)(57)PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 434 provided in paragraph (80)(b)(79)(b), any privately owned way 435 or place used for vehicular travel by the owner and those having 436 express or implied permission from the owner, but not by other 437 persons. 438 (98)(97)VEHICLE.—Every device in, upon, or by which any 439 person or property is or may be transported or drawn upon a 440 highway, except personal delivery devices, mobile carriers, and 441 devices used exclusively upon stationary rails or tracks. 442 Section 3. Paragraph (b) of subsection (7) of section 443 316.008, Florida Statutes, is amended to read: 444 316.008 Powers of local authorities.— 445 (7) 446 (b)1. Except as provided in subparagraph 2., a personal 447 delivery device and a mobile carrier may be operated on 448 sidewalks and crosswalks within a county or municipality when 449 such use is permissible under federal law. This paragraph does 450 not restrict a county or municipality from otherwise adopting 451 regulations for the safe operation of personal delivery devices 452 and mobile carriers. 453 2. A personal delivery device may not be operated on the 454 Florida Shared-Use Nonmotorized Trail Network created under s. 455 339.81 or components of the Florida Greenways and Trails System 456 created under chapter 260. 457 Section 4. Section 316.0895, Florida Statutes, is amended 458 to read: 459 316.0895 Following too closely.— 460 (1) The driver of a motor vehicle shall not follow another 461 vehicle more closely than is reasonable and prudent, having due 462 regard for the speed of such vehicles and the traffic upon, and 463 the condition of, the highway. This subsection may not be 464 construed to prevent overtaking and passing. 465(2)It is unlawful for the driver of any motor truck, motor466truck drawing another vehicle, or vehicle towing another vehicle467or trailer, when traveling upon a roadway outside of a business468or residence district, to follow within 300 feet of another469motor truck, motor truck drawing another vehicle, or vehicle470towing another vehicle or trailer. The provisions of this471subsection shall not be construed to prevent overtaking and472passing nor shall the same apply upon any lane specially473designated for use by motor trucks or other slow-moving474vehicles.475 (2)(3)Motor vehicles being driven upon any roadway outside 476 of a business or residence district in a caravan or motorcade, 477 whether or not towing other vehicles, shall be so operated as to 478 allow sufficient space between each such vehicle or combination 479 of vehicles as to enable any other vehicle to enter and occupy 480 such space without danger. This provision shall not apply to 481 funeral processions. 482 (3)(4)A violation of this section is a noncriminal traffic 483 infraction, punishable as a moving violation as provided in 484 chapter 318. 485 Section 5. Section 316.0896, Florida Statutes, is repealed. 486 Section 6. Section 316.0897, Florida Statutes, is created 487 to read: 488 316.0897 Platoons.— 489 (1) A platoon may be operated on a roadway in this state 490 after an operator does all of the following: 491 (a) Provides notification to the Department of Highway 492 Safety and Motor Vehicles. 493 (b) Obtains a permit for such operation from the Department 494 of Transportation. 495 (2) The Department of Transportation shall adopt rules for 496 the issuance of permits for the operation of platoons. Such 497 rules shall be adopted in consultation with all interested 498 parties and must address all of the following: 499 (a) The safety of the traveling public. 500 (b) The preservation of infrastructure. 501 (c) Platooning technology. 502 (3) This section is repealed effective October 1, 2023, 503 unless reviewed and saved from repeal by the Legislature. 504 Section 7. Section 316.2071, Florida Statutes, is amended 505 to read: 506 316.2071 Personal delivery devices and mobile carriers.— 507 (1) Notwithstanding any provision of law to the contrary, a 508 personal delivery device or mobile carrier may operate on 509 sidewalks and crosswalks, subject to s. 316.008(7)(b). A 510 personal delivery device or mobile carrier operating on a 511 sidewalk or crosswalk has all the rights and duties applicable 512 to a pedestrian under the same circumstances, except that the 513 personal delivery device or mobile carrier must not unreasonably 514 interfere with pedestrians or traffic and must yield the right 515 of-way to pedestrians on the sidewalk or crosswalk. 516 (2) A personal delivery device and a mobile carrier must: 517 (a) Obey all official traffic and pedestrian control 518 signals and devices. 519 (b) For personal delivery devices, include a plate or 520 marker that has a unique identifying device number and 521 identifies the name and contact information of the personal 522 delivery device operator. 523 (c) Be equipped with a braking system that, when active or 524 engaged, enables the personal delivery device or mobile carrier 525 to come to a controlled stop. 526 (3) A personal delivery device and a mobile carrier may 527 not: 528 (a) Operate on a public highway except to the extent 529 necessary to cross a crosswalk. 530 (b) Operate on a sidewalk or crosswalk unless the personal 531 delivery device operator is actively controlling or monitoring 532 the navigation and operation of the personal delivery device or 533 a property owner remains within 25 feet of the mobile carrier. 534 (c) Transport hazardous materials as defined in s. 316.003. 535 (4) A person who owns and operates a personal delivery 536 device in this state must maintain an insurance policy, on 537 behalf of himself or herself and his or her agents, which 538 provides general liability coverage of at least $100,000 for 539 damages arising from the combined operations of personal 540 delivery devices under the entity’s or agent’s control. 541 Section 8. Subsection (1) and paragraphs (a), (c), (d), and 542 (f) of subsection (2) of section 316.302, Florida Statutes, are 543 amended to read: 544 316.302 Commercial motor vehicles; safety regulations; 545 transporters and shippers of hazardous materials; enforcement.— 546 (1) Except as otherwise provided in subsection (3): 547 (a) All owners and drivers of commercial motor vehicles 548 that are operated on the public highways of this state while 549 engaged in interstate commerce are subject to the rules and 550 regulations contained in 49 C.F.R. parts 382, 385, and 390-397. 551 (b) Except as otherwise provided in this section, all 552 owners or drivers of commercial motor vehicles that are engaged 553 in intrastate commerce are subject to the rules and regulations 554 contained in 49 C.F.R. parts 382, 383, 385, and 390-397, with555the exception of 49 C.F.R. s. 390.5 as it relates to the556definition of bus,as such rules and regulations existed on 557 December 31, 20172012. 558 (c) The emergency exceptions provided by 49 C.F.R. s. 559 392.82 also apply to communications by utility drivers and 560 utility contractor drivers during a Level 1 activation of the 561 State Emergency Operations Center, as provided in the Florida 562 Comprehensive Emergency Management plan, or during a state of 563 emergency declared by executive order or proclamation of the 564 Governor. 565 (d) Except as provided ins. 316.215(5), and except as566provided ins. 316.228 for rear overhang lighting and flagging 567 requirements for intrastate operations, the requirements of this 568 section supersede all other safety requirements of this chapter 569 for commercial motor vehicles. 570 (e) For motor carriers engaged in intrastate commerce who 571 are not carrying hazardous materials in amounts that require 572 placards, the requirement for electronic logging devices and 573 hours of service support documents shall take effect December 574 31, 2018. 575 (2)(a) A person who operates a commercial motor vehicle 576 solely in intrastate commerce not transporting any hazardous 577 material in amounts that require placarding pursuant to 49 578 C.F.R. part 172 need not comply with 49 C.F.R. ss. 391.11(b)(1) 579 and 395.3395.3(a) and (b). 580 (c) Except as provided in 49 C.F.R. s. 395.1, a person who 581 operates a commercial motor vehicle solely in intrastate 582 commerce not transporting any hazardous material in amounts that 583 require placarding pursuant to 49 C.F.R. part 172 may not drive 584 after having been on duty more than 70 hours in any period of 7 585 consecutive days or more than 80 hours in any period of 8 586 consecutive days if the motor carrier operates every day of the 587 week. Thirty-four consecutive hours off duty shall constitute 588 the end of any such period of 7 or 8 consecutive days. This 589 weekly limit does not apply to a person who operates a 590 commercial motor vehicle solely within this state while 591 transporting, during harvest periods, any unprocessed 592 agricultural products or unprocessed food or fiber that is 593 subject to seasonal harvesting from place of harvest to the 594 first place of processing or storage or from place of harvest 595 directly to market or while transporting livestock, livestock 596 feed, or farm supplies directly related to growing or harvesting 597 agricultural products. Upon request of the Department of Highway 598 Safety and Motor Vehicles, motor carriers shall furnish time 599 records or other written verification to that department so that 600 the Department of Highway Safety and Motor Vehicles can 601 determine compliance with this subsection. These time records 602 must be furnished to the Department of Highway Safety and Motor 603 Vehicles within 2 days after receipt of that department’s 604 request. Falsification of such information is subject to a civil 605 penaltynot to exceed $100.The provisions ofThis paragraph 606 doesdonot apply to operators of farm labor vehicles operated 607 during a state of emergency declared by the Governor or operated 608 pursuant to s. 570.07(21),and doesdonot apply to drivers of 609 utility service vehicles as defined in 49 C.F.R. s. 395.2. 610 (d) A person who operates a commercial motor vehicle solely 611 in intrastate commerce not transporting any hazardous material 612 in amounts that require placarding pursuant to 49 C.F.R. part 613 172 within a 150 air-mile radius of the location where the 614 vehicle is based need not comply with 49 C.F.R. s. 395.8,if the 615 requirements of 49 C.F.R. s. 395.1(e)(1)(ii), (iii)(A) and (C), 616395.1(e)(1)(iii)and (v) are met.If a driver is not released617from duty within 12 hours after the driver arrives for duty, the618motor carrier must maintain documentation of the driver’s619driving times throughout the duty period.620 (f) A person who operates a commercial motor vehicle having 621 adeclaredgross vehicle weight, gross vehicle weight rating, 622 and gross combined weight rating of less than 26,001 pounds 623 solely in intrastate commerce and who is not transporting 624 hazardous materials in amounts that require placarding pursuant 625 to 49 C.F.R. part 172, or who is transporting petroleum products626as defined in s. 376.301,is exempt from subsection (1). 627 However, such person must comply with 49 C.F.R. parts 382, 392, 628 and 393,and with 49 C.F.R. ss. 396.3(a)(1) and 396.9. 629 Section 9. Subsection (3) of section 316.303, Florida 630 Statutes, is amended to read: 631 316.303 Television receivers.— 632 (3) This section does not prohibit the use of an electronic 633 display used in conjunction with a vehicle navigation system; an 634 electronic display used by an operator of a vehicle equipped 635 with autonomous technology, as defined in s. 316.003; or an 636 electronic display used by an operator of a platoonvehicle637equipped and operating with driver-assistive truck platooning638technology, as defined in s. 316.003. 639 Section 10. Subsection (3) is added to section 316.85, 640 Florida Statutes, to read: 641 316.85 Autonomous vehicles; operation.— 642 (3) The Florida Turnpike Enterprise may fund, construct, 643 and operate test facilities for the advancement of autonomous 644 and connected innovative transportation technology solutions for 645 the purposes of improving safety and decreasing congestion for 646 the traveling public and to otherwise advance the enterprise’s 647 objectives as set forth under the Florida Transportation Code. 648 Section 11. Section 319.141, Florida Statutes, is amended 649 to read: 650 319.141 Pilot rebuilt motor vehicle inspection program.— 651 (1) As used in this section, the term: 652 (a) “Facility” means a rebuilt motor vehicle inspection 653 facility authorized and operating under this section. 654 (b) “Rebuilt inspection services” means an examination of a 655 rebuilt vehicle and a properly endorsed certificate of title, 656 salvage certificate of title, or manufacturer’s statement of 657 origin and an application for a rebuilt certificate of title, a 658 rebuilder’s affidavit, a photograph of the junk or salvage 659 vehicle taken before repairs began, a photograph of the interior 660 driver and passenger sides of the vehicle if airbags were 661 previously deployed and replaced, receipts or invoices for all 662 major component parts, as defined in s. 319.30, and repairs 663 which were changed, and proof that notice of rebuilding of the 664 vehicle has been reported to the National Motor Vehicle Title 665 Information System. 666 (2)By July 1, 2015,The department shall oversee a pilot 667 program in Miami-Dade County to evaluate alternatives for 668 rebuilt inspection services offered by existing private sector 669 operators, including the continued use of private facilities, 670 the cost impact to consumers, and the potential savings to the 671 department. 672 (3) The department shall establish a memorandum of 673 understanding that allows private parties participating in the 674 pilot program to conduct rebuilt motor vehicle inspections and 675 specifies requirements for oversight, bonding and insurance, 676 procedures, and forms and requires the electronic transmission 677 of documents. 678 (4) Before an applicant is approved or renewed, the 679 department shall ensure that the applicant meets basic criteria 680 designed to protect the public. At a minimum, the applicant 681 shall meet all of the following requirements: 682 (a) Have and maintain a surety bond or irrevocable letter 683 of credit in the amount of $100,000 executed by the applicant. 684 (b) Secure and maintain a facility at a permanent fixed 685 structure which hasatan address identified by a county-issued 686 tax folio number and recognized by the United States Postal 687 Service where the only services provided on such property are 688 rebuilt inspection services. The operator of a facility shall 689 annually attest that: 690 1. He or she is not employed by or does not have an 691 ownership interest in or other financial arrangement with the 692 owner, operator, manager, or employee of a motor vehicle repair 693 shop as defined in s. 559.903, a motor vehicle dealer as defined 694 in s. 320.27(1)(c), a towing company, a vehicle storage company, 695 a vehicle auction, an insurance company, a salvage yard, a metal 696 retailer, or a metal rebuilder, from which he or she receives 697 remuneration, directly or indirectly, for the referral of 698 customers for rebuilt inspection services; 699 2. There have been no changes to the ownership structure of 700 the approved facility; and 701 3. The only services being provided by the operator of the 702 facility at the property are rebuilt vehicle inspection services 703 approved by the department. 704 (c) Have and maintain garage liability and other insurance 705 required by the department. 706 (d) Have completed criminal background checks of the 707 owners, partners, and corporate officers and the inspectors 708 employed by the facility. 709 (e) Have a designated office and customer waiting area that 710 is separate from and not within view of the vehicle inspection 711 area. The vehicle inspection area must be capable of 712 accommodating all vehicle types and must be equipped with 713 cameras allowing the department to view and monitor every 714 inspection. 715 (f)(e)Meet any additional criteria the department 716 determines necessary to conduct proper inspections. 717 (5) A participant in the program shall access vehicle and 718 title information and enter inspection results through an 719 electronic filing system authorized by the department and shall 720 maintain records of each rebuilt vehicle inspection processed at 721 such facility for at least 5 years. 722 (6) A participant in the program may not conduct an 723 inspection of a vehicle rebuilt before its purchase by the 724 current applicant. Such vehicles must be inspected by the 725 department. 726 (7) Any applicant for a rebuilt title that fails an initial 727 rebuilt inspection may have that vehicle reinspected only by the 728 department or the facility that conducted the original 729 inspection. 730 (8) Any person or business authorized by the department to 731 train, certify, or recertify operators and inspectors of private 732 rebuilt motor vehicle inspection facilities may not certify or 733 recertify themselves or any of their employees. 734 (9)(6)The department shall conduct an onsite facility 735 inspection at least twice a year and shall immediately terminate 736 any operator from the program who fails to meet the minimum 737 eligibility requirements specified in subsection (4). Before any 738achange in ownership or transfer of a rebuilt inspection 739 facility, the current operator must give the department 45 days’ 740 written notice of the intended sale or transfer. The prospective 741 owner or transferee must meet the eligibility requirements of 742 this section and execute a new memorandum of understanding with 743 the department before operating the facility. 744 (10)(7)This section is repealed on July 1, 20202018, 745 unless saved from repeal through reenactment by the Legislature. 746 On or before January 1, 2019, the department shall submit a 747 written report to President of the Senate and Speaker of the 748 House of Representatives evaluating the current program and the 749 benefits to the consumer and the department. 750 Section 12. Subsection (7) of section 319.32, Florida 751 Statutes, is amended to read: 752 319.32 Fees; service charges; disposition.— 753 (7) Notwithstanding any other provision of this section, 754 the department and tax collector may not charge any fee or 755 service charge, except for the expedited title fee, if 756 applicable, for a certificate of title issued for a motor 757 vehiclesolelyto: 758 (a) Remove a deceased coowner from a title registered in 759 the names of two persons if the other coowner is the surviving 760 spouse; or 761 (b) Transfer the title from a deceased owner to a surviving 762 parent or any surviving child, if the parent or child is a 763 resident of this state, the vehicle is titled in this state 764 before the transfer, and the parent or child applies for the 765 title transfer within 30 days after the death of the owner. 766 Section 13. Paragraph (a) of subsection (1) and subsection 767 (24) of section 320.01, Florida Statutes, are amended to read: 768 320.01 Definitions, general.—As used in the Florida 769 Statutes, except as otherwise provided, the term: 770 (1) “Motor vehicle” means: 771 (a) An automobile, motorcycle, truck, trailer, semitrailer, 772 truck tractor and semitrailer combination, or any other vehicle 773 operated on the roads of this state, used to transport persons 774 or property, and propelled by power other than muscular power, 775 but the term does not include traction engines, road rollers, 776 personal delivery devices and mobile carriers as defined in s. 777 316.003, special mobile equipment as defined in s. 316.003, 778 vehicles that run only upon a track, bicycles, swamp buggies, or 779 mopeds. 780 (24) “Apportionable vehicle” means any vehicle, except 781 recreational vehicles, vehicles displaying restricted plates, 782 city pickup and delivery vehicles,buses used in transportation783of chartered parties,and government-owned vehicles, which is 784 used or intended for use in two or more member jurisdictions 785 that allocate or proportionally register vehicles and which is 786 used for the transportation of persons for hire or is designed, 787 used, or maintained primarily for the transportation of property 788 and: 789 (a) Is a power unit having a gross vehicle weight in excess 790 of 26,000 pounds; 791 (b) Is a power unit having three or more axles, regardless 792 of weight; or 793 (c) Is used in combination, when the weight of such 794 combination exceeds 26,000 pounds gross vehicle weight. 795 796 Vehicles, or combinations thereof, having a gross vehicle weight 797 of 26,000 pounds or less and two-axle vehicles may be 798 proportionally registered. 799 Section 14. Paragraph (v) is added to subsection (15) of 800 section 320.02, Florida Statutes, and subsection (19) of that 801 section is amended, to read: 802 320.02 Registration required; application for registration; 803 forms.— 804 (15) 805 (v) Notwithstanding s. 320.023, the application form for 806 motor vehicle registration and renewal of registration must 807 include language permitting a voluntary contribution of $1 per 808 applicant to aid in Alzheimer’s and other related dementia 809 research. Contributions made pursuant to this paragraph shall be 810 distributed to the Alzheimer’s Association, Inc., for the 811 purpose of supporting research conducted in this state. 812 813 For the purpose of applying the service charge provided in s. 814 215.20, contributions received under this subsection are not 815 income of a revenue nature. 816 (19) A personal delivery device and a mobile carrier as 817 defined in s. 316.003 areisnot required to satisfy the 818 registration and insurance requirements of this section. 819 Section 15. Effective January 1, 2019, subsection (10) of 820 section 320.03, Florida Statutes, is amended to read: 821 320.03 Registration; duties of tax collectors; 822 International Registration Plan.— 823 (10) Jurisdiction over the electronic filing system for use 824 by authorized electronic filing system agents to electronically 825 title or register motor vehicles, vessels, mobile homes, or off 826 highway vehicles; process title transactions, derelict motor 827 vehicle certificates, and certificates of destruction for 828 derelict and salvage motor vehicles pursuant to s. 319.30(2), 829 (3), (7), and (8); issue or transfer registration license plates 830 or decals; electronically transfer fees due for the title and 831 registration process; and perform inquiries for title, 832 registration, and lienholder verification and certification of 833 service providers is expressly preempted to the state, and the 834 department shall have regulatory authority over the system. The 835 electronic filing system shall be available for use statewide 836 and applied uniformly throughout the state. An entity that, in 837 the normal course of its business, sells products that must be 838 titled or registered;,provides title and registration services 839 on behalf of its consumers; or processes title transactions, 840 derelict motor vehicle certificates, or certificates of 841 destruction for derelict or salvage motor vehicles pursuant to 842 s. 319.30(2), (3), (7), or (8); and meets all established 843 requirements may be an authorized electronic filing system agent 844 and shall not be precluded from participating in the electronic 845 filing system in any county. Upon request from a qualified 846 entity, the tax collector shall appoint the entity as an 847 authorized electronic filing system agent for that county.The848department shall adopt rules in accordance with chapter 120 to849replace the December 10, 2009, program standards and to850administer the provisions of this section, including, but not851limited to, establishing participation requirements,852certification of service providers, electronic filing system853requirements, and enforcement authority for noncompliance. The854December 10, 2009, program standards, excluding any standards855which conflict with this subsection, shall remain in effect856until the rules are adopted.An authorized electronic filing 857 system agent may charge a fee to the customer for use of the 858 electronic filing system. The department may adopt rules to 859 administer this subsection, including, but not limited to, rules 860 establishing participation requirements, certification of 861 service providers, electronic filing system requirements, 862 disclosures, and enforcement authority for noncompliance. 863 Section 16. Paragraph (b) of subsection (1) and paragraph 864 (a) of subsection (3) of section 320.06, Florida Statutes, are 865 amended to read: 866 320.06 Registration certificates, license plates, and 867 validation stickers generally.— 868 (1) 869 (b)1. Registration license plates bearing a graphic symbol 870 and the alphanumeric system of identification shall be issued 871 for a 10-year period. At the end of the 10-year period, upon 872 renewal, the plate shall be replaced. The department shall 873 extend the scheduled license plate replacement date from a 6 874 year period to a 10-year period. The fee for such replacement is 875 $28, $2.80 of which shall be paid each year before the plate is 876 replaced, to be credited toward the next $28 replacement fee. 877 The fees shall be deposited into the Highway Safety Operating 878 Trust Fund. A credit or refund may not be given for any prior 879 years’ payments of the prorated replacement fee if the plate is 880 replaced or surrendered before the end of the 10-year period, 881 except that a credit may be given if a registrant is required by 882 the department to replace a license plate under s. 883 320.08056(8)(a). With each license plate, a validation sticker 884 shall be issued showing the owner’s birth month, license plate 885 number, and the year of expiration or the appropriate renewal 886 period if the owner is not a natural person. The validation 887 sticker shall be placed on the upper right corner of the license 888 plate. The license plate and validation sticker shall be issued 889 based on the applicant’s appropriate renewal period. The 890 registration period is 12 months, the extended registration 891 period is 24 months, and all expirations occur based on the 892 applicant’s appropriate registration period. 893 2. Before October 1, 2019, a vehicle that has an 894 apportioned registration shall be issued an annual license plate 895 and a cab card denotingthat denotethe declared gross vehicle 896 weightfor each apportioned jurisdiction in which the vehicle is897authorized to operate. 898 3. Beginning October 1, 2019, a vehicle registered in 899 accordance with the International Registration Plan shall be 900 issued a license plate for a 5-year period, an annual cab card 901 denoting the declared gross vehicle weight, and an annual 902 validation sticker showing the month and year of expiration. The 903 validation sticker shall be placed in the center of the license 904 plate. The license plate and validation sticker shall be issued 905 based on the applicant’s appropriate renewal period. The fee for 906 the initial validation sticker and any renewed validation 907 sticker is $28. This fee shall be deposited into the Highway 908 Safety Operating Trust Fund. A damaged or worn license plate may 909 be replaced at no charge by applying to the department and 910 surrendering the current license plate. 911 4.2.In order to retain the efficient administration of the 912 taxes and fees imposed by this chapter, the 80-cent fee increase 913 in the replacement fee imposed by chapter 2009-71, Laws of 914 Florida, is negated as provided in s. 320.0804. 915 (3)(a) Registration license plates must be made of metal 916 specially treated with a retroreflection material, as specified 917 by the department. The registration license plate is designed to 918 increase nighttime visibility and legibility and must be at 919 least 6 inches wide and not less than 12 inches in length, 920 unless a plate with reduced dimensions is deemed necessary by 921 the department to accommodate motorcycles, mopeds, or similar 922 smaller vehicles. Validation stickers must also be treated with 923 a retroreflection material, must be of such size as specified by 924 the department, and must adhere to the license plate. The 925 registration license plate must be imprinted with a combination 926 of bold letters and numerals or numerals, not to exceed seven 927 digits, to identify the registration license plate number. The 928 license plate must be imprinted with the word “Florida” at the 929 top and the name of the county in which it is sold, the state 930 motto, or the words “Sunshine State” at the bottom. Apportioned 931 license plates must have the word “Apportioned” at the bottom 932 and license plates issued for vehicles taxed under s. 933 320.08(3)(d), (4)(m) or (n), (5)(b) or (c), or (14) must have 934 the word “Restricted” at the bottom. License plates issued for 935 vehicles taxed under s. 320.08(12) must be imprinted with the 936 word “Florida” at the top and the word “Dealer” at the bottom 937 unless the license plate is a specialty license plate as 938 authorized in s. 320.08056. Manufacturer license plates issued 939 for vehicles taxed under s. 320.08(12) must be imprinted with 940 the word “Florida” at the top and the word “Manufacturer” at the 941 bottom. License plates issued for vehicles taxed under s. 942 320.08(5)(d) or (e) must be imprinted with the word “Wrecker” at 943 the bottom. Any county may, upon majority vote of the county 944 commission, elect to have the county name removed from the 945 license plates sold in that county. The state motto or the words 946 “Sunshine State” shall be printed in lieu thereof. A license 947 plate issued for a vehicle taxed under s. 320.08(6) may not be 948 assigned a registration license number, or be issued with any 949 other distinctive character or designation, that distinguishes 950 the motor vehicle as a for-hire motor vehicle. 951 Section 17. Section 320.0605, Florida Statutes, is amended 952 to read: 953 320.0605 Certificate of registration; possession required; 954 exception.— 955 (1)(a) The department-authorized paper or electronic 956 registration certificate or an official copy thereof, a true 957 copy or an electronic copy of rental or lease documentation 958 issued for a motor vehicle or issued for a replacement vehicle 959 in the same registration period, a temporary receipt printed 960 upon self-initiated electronic renewal of a registration via the 961 Internet, or a cab card issued for a vehicle registered under 962 the International Registration Plan shall, at all times while 963 the vehicle is being used or operated on the roads of this 964 state, be in the possession of the operator thereof or be 965 carried in the vehicle for which issued and shall be exhibited 966 upon demand of any authorized law enforcement officer or any 967 agent of the department, except for a vehicle registered under 968 s. 320.0657.The provisions ofThis section doesdonot apply 969 during the first 30 days after purchase of a replacement 970 vehicle. A violation of this section is a noncriminal traffic 971 infraction, punishable as a nonmoving violation as provided in 972 chapter 318. 973 (b)1. The act of presenting to a law enforcement officer or 974 agent of the department an electronic device displaying an 975 electronic copy of the registration certificate or the rental or 976 lease documentation does not constitute consent for the officer 977 or agent to access any information on the device other than the 978 displayed rental or lease documentation. 979 2. The person who presents the device to the officer or 980 agent assumes the liability for any resulting damage to the 981 device. 982 (2) Rental or lease documentation that is sufficient to 983 satisfy the requirement in subsection (1) includes the 984 following: 985 (a) Dateof rentaland time ofexit fromrentalfacility; 986 (b) Rental station identification; 987 (c) Rental agreement number; 988 (d) Rental vehicle identification number; 989 (e) Rental vehicle license plate number and state of 990 registration; 991 (f) Vehicle’s make, model, and color; 992 (g) Vehicle’s mileage; and 993 (h) Authorized renter’s name. 994 Section 18. Subsection (5) of section 320.0607, Florida 995 Statutes, is amended to read: 996 320.0607 Replacement license plates, validation decal, or 997 mobile home sticker.— 998 (5) Upon the issuance of an original license plate, the 999 applicant shall pay a fee of $28 to be deposited in the Highway 1000 Safety Operating Trust Fund. Beginning October 1, 2019, this 1001 subsection does not apply to a vehicle registered under the 1002 International Registration Plan. 1003 Section 19. Paragraph (b) of subsection (2) of section 1004 320.0657, Florida Statutes, is amended to read: 1005 320.0657 Permanent registration; fleet license plates.— 1006 (2) 1007 (b) The plates, which shall be of a distinctive color, 1008 shall have the word “Fleet” appearing at the bottom and the word 1009 “Florida” appearing at the top unless the license plate is a 1010 specialty license plate as authorized in s. 320.08056. The 1011 plates shall conform in all respects to the provisions of this 1012 chapter, except as specified herein. For additional fees as set 1013 forth in s. 320.08056, fleet companies may purchase specialty 1014 license plates in lieu of the standard fleet license plates. 1015 Fleet companies shall be responsible for all costs associated 1016 with the specialty license plate, including all annual use fees, 1017 processing fees, fees associated with switching license plate 1018 types, and any other applicable fees. 1019 Section 20. Subsection (12) of section 320.08, Florida 1020 Statutes, is amended to read: 1021 320.08 License taxes.—Except as otherwise provided herein, 1022 there are hereby levied and imposed annual license taxes for the 1023 operation of motor vehicles, mopeds, motorized bicycles as 1024 defined in s. 316.003(3), tri-vehicles as defined in s. 316.003, 1025 and mobile homes as defined in s. 320.01, which shall be paid to 1026 and collected by the department or its agent upon the 1027 registration or renewal of registration of the following: 1028 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised 1029 motor vehicle dealer, independent motor vehicle dealer, marine 1030 boat trailer dealer, or mobile home dealer and manufacturer 1031 license plate: $17 flat, of which $4.50 shall be deposited into 1032 the General Revenue Fund. For additional fees as set forth in s. 1033 320.08056, dealers may purchase specialty license plates in lieu 1034 of the standard graphic dealer license plates. Dealers shall be 1035 responsible for all costs associated with the specialty license 1036 plate, including all annual use fees, processing fees, fees 1037 associated with switching license plate types, and any other 1038 applicable fees. 1039 Section 21. Subsection (2) of section 320.08056, Florida 1040 Statutes, is amended, and paragraphs (ffff) and (gggg) are added 1041 to subsection (4) of that section, to read: 1042 320.08056 Specialty license plates.— 1043 (2)(a) The department shall issue a specialty license plate 1044 to the owner or lessee of any motor vehicle, except a vehicle 1045 registered under the International Registration Plan, a 1046 commercial truck required to display two license plates pursuant 1047 to s. 320.0706, or a truck tractor, upon request and payment of 1048 the appropriate license tax and fees. 1049 (b) The department may authorize dealer and fleet specialty 1050 license plates. With the permission of the sponsoring specialty 1051 license plate organization, a dealer or fleet company may 1052 purchase specialty license plates to be used on dealer and fleet 1053 vehicles. 1054 (c) Notwithstanding s. 320.08058, a dealer or fleet 1055 specialty license plate must include the letters “DLR” or “FLT” 1056 on the right side of the license plate. Dealer and fleet 1057 specialty license plates must be ordered directly through the 1058 department. 1059 (4) The following license plate annual use fees shall be 1060 collected for the appropriate specialty license plates: 1061 (ffff) Orlando City Soccer Club license plate, $25. 1062 (gggg) Orlando United license plate, $25. 1063 Section 22. Subsections (84) and (85) are added to section 1064 320.08058, Florida Statutes, to read: 1065 320.08058 Specialty license plates.— 1066 (84) ORLANDO CITY SOCCER CLUB LICENSE PLATES.— 1067 (a) The department shall develop an Orlando City Soccer 1068 Club license plate as provided in paragraph (9)(a). 1069 (b) The annual use fees from the sale of the plate shall be 1070 distributed and used as provided in paragraph (9)(b). 1071 (85) ORLANDO UNITED LICENSE PLATES.— 1072 (a) The department shall develop an Orlando United license 1073 plate as provided in this section and s. 320.08053. The plate 1074 must bear the colors and design approved by the department. The 1075 word “Florida” must appear at the top of the plate, and the 1076 words “Orlando United” must appear at the bottom of the plate. 1077 (b) The annual use fees from the sale of the plate shall be 1078 distributed as follows: 1079 1. Seven percent shall be distributed to the Mental Health 1080 Association of Central Florida, Inc., to be used for marketing 1081 of the license plate. 1082 2. Thirty-one percent shall be distributed to the Mental 1083 Health Association of Central Florida, Inc. Of this amount, up 1084 to 5 percent may be used for administrative expenses, and the 1085 remainder shall be used to offer free personalized counseling to 1086 any person affected by the shooting at the Pulse nightclub in 1087 Orlando on June 12, 2016. 1088 3. Thirty-one percent shall be distributed to onePULSE 1089 Foundation, a charitable, nonprofit organization under s. 1090 501(c)(3) of the Internal Revenue Code. Of this amount, up to 5 1091 percent may be used for administrative expenses, and the 1092 remainder shall be used to support the construction and 1093 maintenance of the onePULSE Foundation Memorial. 1094 4. Thirty-one percent shall be distributed to Two Spirit 1095 Health Services, Inc. Of this amount, up to 5 percent may be 1096 used for administrative expenses, and the remainder shall be 1097 used to offer free personalized counseling to any person 1098 affected by the shooting at the Pulse nightclub in Orlando on 1099 June 12, 2016. 1100 Section 23. Subsection (10) is added to section 320.131, 1101 Florida Statutes, to read: 1102 320.131 Temporary tags.— 1103 (10) Beginning October 1, 2018, the department may partner 1104 with a county tax collector to conduct a Fleet Vehicle Temporary 1105 Tag pilot program to provide temporary tags to fleet companies 1106 to allow them to operate fleet vehicles awaiting a permanent 1107 registration and title. 1108 (a) The department shall establish a memorandum of 1109 understanding that allows a maximum of three companies to 1110 participate in the pilot program and receive multiple temporary 1111 tags for company fleet vehicles. 1112 (b) To participate in the program, a fleet company must 1113 have a minimum of 3,500 fleet vehicles registered in this state 1114 which qualify to be registered as fleet vehicles pursuant to s. 1115 320.0657. 1116 (c) The department may issue up to 50 temporary tags at a 1117 time to an eligible fleet company, if requested by such company. 1118 (d) The temporary tags are for exclusive use on a vehicle 1119 purchased for the company’s fleet, and may not be used on any 1120 other vehicle. 1121 (e) Each temporary plate may be used on only one vehicle 1122 and each vehicle may only use one temporary plate. 1123 (f) Upon issuance of the vehicle’s permanent license plate 1124 and registration, the temporary tag becomes invalid and must be 1125 removed from the vehicle and destroyed. 1126 (g) Upon a finding by the department that a temporary tag 1127 has been misused by a fleet company under this program, the 1128 department may terminate the memorandum of understanding with 1129 the company, invalidate all temporary tags issued to the company 1130 under the program, and require such company to return any unused 1131 temporary tags. 1132 (h) This subsection is repealed on October 1, 2021, unless 1133 saved from repeal through reenactment by the Legislature. 1134 Section 24. Subsection (3) is added to section 320.95, 1135 Florida Statutes, to read: 1136 320.95 Transactions by electronic or telephonic means.— 1137 (3) The department may authorize the format of an 1138 electronic certificate of registration in addition to printing a 1139 paper registration certificate. If the paper certificate of 1140 registration is not available for inspection or is damaged or 1141 otherwise illegible, the operator may present for inspection an 1142 electronic device displaying a department-issued electronic 1143 certificate or registration issued pursuant to this section. 1144 Such presentation does not constitute consent for inspection of 1145 any information on the device other than the displayed 1146 certificate of registration. The person who presents the device 1147 to the officer assumes the liability for any resulting damage to 1148 the device. 1149 Section 25. Section 322.01, Florida Statutes, is amended to 1150 read: 1151 322.01 Definitions.—As used in this chapter: 1152 (1) “Actual weight” means the weight of a motor vehicle or 1153 motor vehicle combination plus the weight of the load carried on 1154 it, as determined at a fixed scale operated by the state or as 1155 determined by use of a portable scale operated by a law 1156 enforcement officer. 1157 (2) “Alcohol” means any substance containing any form of 1158 alcohol including, but not limited to, ethanol, methanol, 1159 propanol, and isopropanol. 1160 (3) “Alcohol concentration” means: 1161 (a) The number of grams of alcohol per 100 milliliters of 1162 blood; 1163 (b) The number of grams of alcohol per 210 liters of 1164 breath; or 1165 (c) The number of grams of alcohol per 67 milliliters of 1166 urine. 1167 (4) “Authorized emergency vehicle” means a vehicle that is 1168 equipped with extraordinary audible and visual warning devices, 1169 that is authorized by s. 316.2397 to display red or blue lights, 1170 and that is on call to respond to emergencies. The term 1171 includes, but is not limited to, ambulances, law enforcement 1172 vehicles, fire trucks, and other rescue vehicles. The term does 1173 not include wreckers, utility trucks, or other vehicles that are 1174 used only incidentally for emergency purposes. 1175 (5) “Cancellation” means the act of declaring a driver 1176 license void and terminated. 1177 (6) “Color photographic driver license” means a color 1178 photograph of a completed driver license form meeting the 1179 requirements prescribed in s. 322.14. 1180 (7) “Commercial driver license” means a Class A, Class B, 1181 or Class C driver license issued in accordance with the 1182 requirements of this chapter. 1183 (8) “Commercial motor vehicle” means any motor vehicle or 1184 motor vehicle combination used on the streets or highways, 1185 which: 1186 (a) Has a gross vehicle weight rating of 26,001 pounds or 1187 more; 1188 (b) Is designed to transport more than 15 persons, 1189 including the driver; or 1190 (c) Is transporting hazardous materials and is required to 1191 be placarded in accordance with 49 C.F.R. part 172, subpart F. 1192 1193 A vehicle that occasionally transports personal property to and 1194 from a closed-course motorsport facility, as defined in s. 1195 549.09(1)(a), is not a commercial motor vehicle if the use is 1196 not for profit and corporate sponsorship is not involved. As 1197 used in this subsection, the term “corporate sponsorship” means 1198 a payment, donation, gratuity, in-kind service, or other benefit 1199 provided to or derived by a person in relation to the underlying 1200 activity, other than the display of product or corporate names, 1201 logos, or other graphic information on the property being 1202 transported. 1203 (9) “Controlled substance” means any substance classified 1204 as such under 21 U.S.C. s. 802(6), Schedules I-V of 21 C.F.R. 1205 part 1308, or chapter 893. 1206 (10) “Convenience service” means any means whereby an 1207 individual conducts a transaction with the department other than 1208 in person. 1209 (11)(a) “Conviction” means a conviction of an offense 1210 relating to the operation of motor vehicles on highways which is 1211 a violation of this chapter or any other such law of this state 1212 or any other state, including an admission or determination of a 1213 noncriminal traffic infraction pursuant to s. 318.14, or a 1214 judicial disposition of an offense committed under any federal 1215 law substantially conforming to the aforesaid state statutory 1216 provisions. 1217 (b) Notwithstanding any other provisions of this chapter, 1218 the definition of “conviction” provided in 49 C.F.R. s. 383.5 1219 applies to offenses committed in a commercial motor vehicle or 1220 by a person holding a commercial driver license. 1221 (12) “Court” means any tribunal in this state or any other 1222 state, or any federal tribunal, which has jurisdiction over any 1223 civil, criminal, traffic, or administrative action. 1224 (13) “Credential service provider” means an electronic 1225 credential provider competitively procured by the department to 1226 supply secure credential services based on open standards for 1227 identity management and verification to qualified entities. 1228 (14) “Declared weight” means the maximum loaded weight 1229 declared for purposes of registration, pursuant to chapter 320. 1230 (15)(14)“Department” means the Department of Highway 1231 Safety and Motor Vehicles acting directly or through its duly 1232 authorized representatives. 1233 (16) “Digital identity verifier” means a public or private 1234 entity that consumes the identity management services provided 1235 by the credential service provider. 1236 (17)(15)“Disqualification” means a prohibition, other than 1237 an out-of-service order, that precludes a person from driving a 1238 commercial motor vehicle. 1239 (18)(16)“Drive” means to operate or be in actual physical 1240 control of a motor vehicle in any place open to the general 1241 public for purposes of vehicular traffic. 1242 (19)(17)“Driver license” means a certificate that, subject 1243 to all other requirements of law, authorizes an individual to 1244 drive a motor vehicle and denotes an operator’s license as 1245 defined in 49 U.S.C. s. 30301. 1246 (20) “Electronic” means relating to technology having 1247 electrical, digital, magnetic, wireless, optical, 1248 electromagnetic, or similar capabilities. 1249 (21) “Electronic credential” means an electronic 1250 representation of a physical driver license or identification 1251 card which is viewable on an electronic credential system and 1252 capable of being verified and authenticated. 1253 (22) “Electronic credential holder” means a person to whom 1254 an electronic credential has been issued. 1255 (23) “Electronic credential provider” means a qualified 1256 entity contracted with the department to provide electronic 1257 credentials to electronic credential holders. 1258 (24) “Electronic credential system” means a computer system 1259 used to display or transmit electronic credentials to a person 1260 or verification system and that may be accessed using an 1261 electronic device. 1262 (25) “Electronic device” means a device or a portion of a 1263 device that is designed for and capable of communicating across 1264 a computer network with other computers or devices for the 1265 purpose of transmitting, receiving, or storing data, including, 1266 but not limited to, a cellular telephone, tablet, or other 1267 portable device designed for and capable of communicating with 1268 or across a computer network, and is used to render an 1269 electronic credential. 1270 (26) “Electronic ID” means a technology solution by which a 1271 qualified entity authenticates the identity of an individual 1272 receiving goods or services. 1273 (27)(18)“Endorsement” means a special authorization which 1274 permits a driver to drive certain types of vehicles or to 1275 transport certain types of property or a certain number of 1276 passengers. 1277 (28)(19)“Farmer” means a person who grows agricultural 1278 products, including aquacultural, horticultural, and forestry 1279 products, and, except as provided herein, employees of such 1280 persons. The term does not include employees whose primary 1281 purpose of employment is the operation of motor vehicles. 1282 (29)(20)“Farm tractor” means a motor vehicle that is: 1283 (a) Operated principally on a farm, grove, or orchard in 1284 agricultural or horticultural pursuits and that is operated on 1285 the roads of this state only incidentally for transportation 1286 between the owner’s or operator’s headquarters and the farm, 1287 grove, or orchard or between one farm, grove, or orchard and 1288 another; or 1289 (b) Designed and used primarily as a farm implement for 1290 drawing plows, mowing machines, and other implements of 1291 husbandry. 1292 (30)(21)“Felony” means any offense under state or federal 1293 law that is punishable by death or by a term of imprisonment 1294 exceeding 1 year. 1295 (31)(22)“Foreign jurisdiction” means any jurisdiction 1296 other than a state of the United States. 1297 (32)(23)“Gross vehicle weight rating” means the value 1298 specified by the manufacturer as the maximum loaded weight of a 1299 single, combination, or articulated vehicle. 1300 (33)(24)“Hazardous materials” means any material that has 1301 been designated as hazardous under 49 U.S.C. s. 5103 and is 1302 required to be placarded under subpart F of 49 C.F.R. part 172 1303 or any quantity of a material listed as a select agent or toxin 1304 in 42 C.F.R. part 73. 1305 (34)(25)“Medical examiner’s certificate” means a document 1306 substantially in accordance with the requirements of 49 C.F.R. 1307 s. 391.43. 1308 (35)(26)“Motorcycle” means a motor vehicle powered by a 1309 motor with a displacement of more than 50 cubic centimeters, 1310 having a seat or saddle for the use of the rider, and designed 1311 to travel on not more than three wheels in contact with the 1312 ground, but excluding a tractor, tri-vehicle, or moped. 1313 (36)(27)“Motor vehicle” means any self-propelled vehicle, 1314 including a motor vehicle combination, not operated upon rails 1315 or guideway, excluding vehicles moved solely by human power, 1316 motorized wheelchairs, and motorized bicycles as defined in s. 1317 316.003. 1318 (37)(28)“Motor vehicle combination” means a motor vehicle 1319 operated in conjunction with one or more other vehicles. 1320 (38)(29)“Narcotic drugs” means coca leaves, opium, 1321 isonipecaine, cannabis, and every substance neither chemically 1322 nor physically distinguishable from them, and any and all 1323 derivatives of same, and any other drug to which the narcotics 1324 laws of the United States apply, and includes all drugs and 1325 derivatives thereof known as barbiturates. 1326 (39)(30)“Out-of-service order” means a prohibition issued 1327 by an authorized local, state, or Federal Government official 1328 which precludes a person from driving a commercial motor 1329 vehicle. 1330 (40)(31)“Owner” means the person who holds the legal title 1331 to a vehicle. However, if a vehicle is the subject of an 1332 agreement for the conditional sale or lease thereof with the 1333 right of purchase upon performance of the conditions stated in 1334 the agreement and with an immediate right of possession vested 1335 in the conditional vendee or lessee, or if a mortgagor of a 1336 vehicle is entitled to possession, such conditional vendee, 1337 lessee, or mortgagor is the owner for the purpose of this 1338 chapter. 1339 (41)(32)“Passenger vehicle” means a motor vehicle designed 1340 to transport more than 15 persons, including the driver, or a 1341 school bus designed to transport more than 15 persons, including 1342 the driver. 1343 (42)(33)“Permit” means a document authorizing the 1344 temporary operation of a motor vehicle within this state subject 1345 to conditions established in this chapter. 1346 (43) “Qualified entity” means a public or private entity 1347 which enters into a contract with the department, meets usage 1348 criteria, agrees to terms and conditions, and is authorized by 1349 the department to use the credential service provider for 1350 authentication and identification verification services. 1351 (44)(34)“Resident” means a person who has his or her 1352 principal place of domicile in this state for a period of more 1353 than 6 consecutive months, has registered to vote, has made a 1354 statement of domicile pursuant to s. 222.17, or has filed for 1355 homestead tax exemption on property in this state. 1356 (45)(35)“Restriction” means a prohibition against 1357 operating certain types of motor vehicles or a requirement that 1358 a driver comply with certain conditions when driving a motor 1359 vehicle. 1360 (46)(36)“Revocation” means the termination of a licensee’s 1361 privilege to drive. 1362 (47)(37)“School bus” means a motor vehicle that is 1363 designed to transport more than 15 persons, including the 1364 driver, and that is used to transport students to and from a 1365 public or private school or in connection with school 1366 activities, but does not include a bus operated by a common 1367 carrier in the urban transportation of school children. The term 1368 “school” includes all preelementary, elementary, secondary, and 1369 postsecondary schools. 1370 (48)(38)“State” means a state or possession of the United 1371 States, and, for the purposes of this chapter, includes the 1372 District of Columbia. 1373 (49)(39)“Street or highway” means the entire width between 1374 the boundary lines of a way or place if any part of that way or 1375 place is open to public use for purposes of vehicular traffic. 1376 (50)(40)“Suspension” means the temporary withdrawal of a 1377 licensee’s privilege to drive a motor vehicle. 1378 (51)(41)“Tank vehicle” means a vehicle that is designed to 1379 transport any liquid or gaseous material within a tank either 1380 permanently or temporarily attached to the vehicle, if such tank 1381 has a designed capacity of 1,000 gallons or more. 1382 (52)(42)“United States” means the 50 states and the 1383 District of Columbia. 1384 (53)(43)“Vehicle” means every device in, upon, or by which 1385 any person or property is or may be transported or drawn upon a 1386 public highway or operated upon rails or guideway, except a 1387 bicycle, motorized wheelchair, or motorized bicycle. 1388 (54)(44)“Identification card” means a personal 1389 identification card issued by the department which conforms to 1390 the definition in 18 U.S.C. s. 1028(d). 1391 (55)(45)“Temporary driver license” or “temporary 1392 identification card” means a certificate issued by the 1393 department which, subject to all other requirements of law, 1394 authorizes an individual to drive a motor vehicle and denotes an 1395 operator’s license, as defined in 49 U.S.C. s. 30301, or a 1396 personal identification card issued by the department which 1397 conforms to the definition in 18 U.S.C. s. 1028(d) and denotes 1398 that the holder is permitted to stay for a short duration of 1399 time, as specified on the temporary identification card, and is 1400 not a permanent resident of the United States. 1401 (56)(46)“Tri-vehicle” means an enclosed three-wheeled 1402 passenger vehicle that: 1403 (a) Is designed to operate with three wheels in contact 1404 with the ground; 1405 (b) Has a minimum unladen weight of 900 pounds; 1406 (c) Has a single, completely enclosed, occupant 1407 compartment; 1408 (d) Is produced in a minimum quantity of 300 in any 1409 calendar year; 1410 (e) Is capable of a speed greater than 60 miles per hour on 1411 level ground; and 1412 (f) Is equipped with: 1413 1. Seats that are certified by the vehicle manufacturer to 1414 meet the requirements of Federal Motor Vehicle Safety Standard 1415 No. 207, “Seating systems” (49 C.F.R. s. 571.207); 1416 2. A steering wheel used to maneuver the vehicle; 1417 3. A propulsion unit located forward or aft of the enclosed 1418 occupant compartment; 1419 4. A seat belt for each vehicle occupant certified to meet 1420 the requirements of Federal Motor Vehicle Safety Standard No. 1421 209, “Seat belt assemblies” (49 C.F.R. s. 571.209); 1422 5. A windshield and an appropriate windshield wiper and 1423 washer system that are certified by the vehicle manufacturer to 1424 meet the requirements of Federal Motor Vehicle Safety Standard 1425 No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal 1426 Motor Vehicle Safety Standard No. 104, “Windshield Wiping and 1427 Washing Systems” (49 C.F.R. s. 571.104); and 1428 6. A vehicle structure certified by the vehicle 1429 manufacturer to meet the requirements of Federal Motor Vehicle 1430 Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R. 1431 s. 571.216). 1432 Section 26. Section 322.032, Florida Statutes, is amended 1433 to read: 1434 322.032 Electronic credentialDigital proof of driver1435license.— 1436 (1)(a) The department shall develop and implementbegin to1437review and prepare for the development of asecure and uniform 1438 protocols which comply with national standardssystemfor 1439 issuing an optional electronic credential. The department shall 1440 procure the related technology solution from the credential 1441 service provider that uses a revenue sharing model through a 1442 competitive solicitation process pursuant to s. 287.057digital1443proof of driver license. The department may issue electronic 1444 credentials to persons who hold a Florida driver license or 1445 identification card. 1446 (b) Qualified entities must have the technological 1447 capabilities necessary to integrate with the credential service 1448 provider. The department shall maintain the protocols and 1449 national standards necessary for a digital verifier or an 1450 electronic credential provider to request authorized access to 1451 an application programming interface, or appropriate 1452 technological tool of at least the same capabilities, necessary 1453 for such qualified entity to consume an electronic ID. The 1454 department shall timely review requests for authorized access 1455 and approve all requests by digital identity verifiers that meet 1456 the department’s requirements. 1457 (c) The electronic credential provider must have the 1458 necessary technological capabilities to execute the 1459 authentication of an electronic credential across all states, 1460 jurisdictions, federal and state agencies, and municipalities. 1461 The electronic credential and verification solution must provide 1462 the standardized system integration necessary: 1463 1. For qualified entities to securely consume an electronic 1464 credential. 1465 2. For the production of a fully compliant electronic 1466 credential by electronic credential providers. 1467 3. To successfully ensure secure authentication and 1468 validation of data from disparate sources. 1469 (d) The department shall competitively procure at least two 1470 but no more than fivecontract with one or moreelectronic 1471 credential providersprivate entitiesto develop and implement 1472 an initial phase to provide a secure electronic credentiala1473digital proof of driver licensesystem. The department shall 1474 enter into agreements with electronic credential providers that 1475 provide the permitted uses, terms and conditions, privacy 1476 policy, and uniform remittance terms relating to the consumption 1477 of an electronic credential. The department must competitively 1478 procure the credential service provider before the initial phase 1479 may begin. Upon completion of the initial phase, the department 1480 shall submit a report to the Governor, the President of the 1481 Senate, and the Speaker of the House of Representatives 1482 regarding the continued implementation and tools necessary to 1483 scale future phases. 1484 (2)(a) The department shall provide electronic credential 1485 providers access to a standardized digital transaction process 1486 that provides the proceeds of a completed financial transaction 1487 to the department at the point of sale. The standardized digital 1488 transaction process must enable electronic credential providers 1489 to direct through their electronic commerce workflow to a 1490 standardized checkout process and enable documentation of the 1491 electronic credential providers participating in a transaction. 1492 Revenue generated from use of the electronic credential system 1493 shall be deposited into the Motor Vehicle License Clearing Trust 1494 Fund for distribution pursuant to a legislative appropriation 1495 and department agreements with electronic credential providers. 1496 Electronic credential revenue shall be shared between the state 1497 and electronic credential providers. 1498 (b) The department may assess a competitive market rate fee 1499 structure for use of the credential service provider for any 1500 qualified entity to obtain an electronic ID. Revenue generated 1501 from use of the credential service provider by digital identity 1502 verifiers shall be shared between the state and the credential 1503 service provider. Revenues shall be deposited into the Motor 1504 Vehicle License Clearing Trust Fund for distribution pursuant to 1505 department agreements with digital identity verifiers. Fees may 1506 not be charged to any state court, state governmental entity, or 1507 law enforcement agency. 1508 (3)(a)(2)The electronic credentialdigital proof of driver1509licensedeveloped by the department or by an electronic 1510 credential provideran entitycontracted by the department must 1511 be in such a format as to allow law enforcement or an authorized 1512 consumer to verify the authenticity of the electronic credential 1513 and the identity of the credential holder and to validate the 1514 status of any driving privileges associated with the electronic 1515 credentialdigital proof of driver license. The department shall 1516 adhere to protocols and national standardsmay adopt rulesto 1517 ensure valid authentication of electronic credentialsdigital1518driver licensesby law enforcement. 1519 (b) The act of presenting to a law enforcement officer an 1520 electronic device displaying an electronic credential does not 1521 constitute consent for the officer to access any information on 1522 the device other than the electronic credential. 1523 (c) The person who presents the device to the officer 1524 assumes liability for any resulting damage to the device. 1525 (4)(3)A person may not be issued an electronic credential 1526a digital proof of driver licenseuntil he or she has satisfied 1527 all of the requirements of this chapter for issuance of a 1528 physical driver license or identification card as provided in 1529 this chapter. 1530 (5)(4)A person who: 1531 (a) Manufactures a false electronic credentialdigital1532proof of driver licensecommits a felony of the third degree, 1533 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1534 (b) Possesses a false electronic credentialdigital proof1535of driver licensecommits a misdemeanor of the second degree, 1536 punishable as provided in s. 775.082. 1537 Section 27. Section 322.059, Florida Statutes, is amended 1538 to read: 1539 322.059 Mandatory surrender of suspended driver license and 1540 registration.—A person whose driver license or registration has 1541 been suspended as provided in s. 322.058 must immediately return 1542 his or her driver license and registration to the Department of 1543 Highway Safety and Motor Vehicles. The department shall 1544 invalidate the electronic credentialdigital proof of driver1545licenseissued pursuant to s. 322.032 for such person. If such 1546 person fails to return his or her driver license or 1547 registration, a law enforcement agent may seize the license or 1548 registration while the driver license or registration is 1549 suspended. 1550 Section 28. Subsection (4) of section 322.09, Florida 1551 Statutes, is amended to read: 1552 322.09 Application of minors; responsibility for negligence 1553 or misconduct of minor.— 1554 (4) Notwithstanding subsections (1) and (2), if a foster 1555 parent or caregiver of a minor who is under the age of 18 years 1556 and is in foster care as defined in s. 39.01, an authorized 1557 representative of a residential group home at which such a minor 1558 resides, the caseworker at the agency at which the state has 1559 placed the minor, or a guardian ad litem specifically authorized 1560 by the minor’s caregiver to sign for a learner’s driver license 1561 signs the minor’s application for a learner’s driver license, 1562 that foster parent, caregiver, group home representative, 1563 caseworker, or guardian ad litem does not assume any obligation 1564 or become liable for any damages caused by the negligence or 1565 willful misconduct of the minor by reason of having signed the 1566 application. Before signing the application, the caseworker 1567 shall notify the foster parent, caregiver, or other responsible 1568 party of his or her intent to sign and verify the application. 1569 Section 29. Paragraph (c) of subsection (1) of section 1570 322.143, Florida Statutes, is amended to read: 1571 322.143 Use of a driver license or identification card.— 1572 (1) As used in this section, the term: 1573 (c) “Swipe” means the act of passing a driver license or 1574 identification card through a device that is capable of 1575 deciphering, in an electronically readable format, the 1576 information electronically encoded in a magnetic strip or bar 1577 code on the driver license or identification card or consuming 1578 an electronic credential. 1579 Section 30. Subsection (1) of section 322.15, Florida 1580 Statutes, is amended to read: 1581 322.15 License to be carried and exhibited on demand; 1582 fingerprint to be imprinted upon a citation.— 1583 (1) Every licensee shall have his or her driver license, 1584 which must be fully legible with no portion of such license 1585 faded, altered, mutilated, or defaced, in his or her immediate 1586 possession at all times when operating a motor vehicle and shall 1587 present or submit the same upon the demand of a law enforcement 1588 officer or an authorized representative of the department. A 1589 licensee may present or submit an electronic credentiala1590digital proof of driver licenseas provided in s. 322.032 in 1591 lieu of a physical driver license. 1592 Section 31. Section 322.38, Florida Statutes, is amended to 1593 read: 1594 322.38 Renting motor vehicle to another.— 1595 (1) ANoperson may notshallrent a motor vehicle to any 1596 other person unless the otherlatterperson isthenduly 1597 licensed,or, if a nonresident,he or she shall belicensed 1598 under the laws of the state or country of his or her residence, 1599 except a nonresident whose home state or country does not 1600 require that an operator be licensed. 1601 (2) ANoperson may notshallrent a motor vehicle to 1602 another until he or she has inspected the driver license of the 1603 person to whom the vehicle is to be rented,and hascompared and1604 verified that the driver license is unexpiredsignature thereon1605with the signature of such person written in his or her1606presence. 1607 (3) Every person renting a motor vehicle to another shall 1608 keep a record of the registration number of the motor vehicle so 1609 rented, the name,andaddress, and license number of the person 1610 to whom the vehicle is rented,the number of the license of said1611latter person,and thedate andplacewhen andwhere thesaid1612 license was issued. Such record shall be open to inspection by 1613 any police officer,or officer or employee of the department. 1614 (4) If a rental car company rents a motor vehicle to a 1615 person through digital, electronic, or other means that allows 1616 the renter to obtain possession of the motor vehicle without 1617 direct contact with an agent or employee of the rental car 1618 company, or if through use of such means the renter does not 1619 execute a rental contract at the time he or she takes possession 1620 of the vehicle, the rental car company is deemed to have met the 1621 requirements of subsections (1) and (2) when the rental car 1622 company requires the renter to verify that he or she is duly 1623 licensed and that the license is unexpired. Such verification 1624 may occur at the time the renter enrolls in a membership 1625 program, master agreement, or other means of establishing use of 1626 the rental car company’s services or at any time thereafter. 1627 Section 32. Subsection (4) of section 322.61, Florida 1628 Statutes, is amended to read: 1629 322.61 Disqualification from operating a commercial motor 1630 vehicle.— 1631 (4) Any person who is transporting hazardous materials as 1632 defined in s. 322.01(33)s. 322.01(24)shall, upon conviction of 1633 an offense specified in subsection (3), be disqualified from 1634 operating a commercial motor vehicle for a period of 3 years. 1635 The penalty provided in this subsection shall be in addition to 1636 any other applicable penalty. 1637 Section 33. Subsection (1) of section 324.021, Florida 1638 Statutes, is amended to read: 1639 324.021 Definitions; minimum insurance required.—The 1640 following words and phrases when used in this chapter shall, for 1641 the purpose of this chapter, have the meanings respectively 1642 ascribed to them in this section, except in those instances 1643 where the context clearly indicates a different meaning: 1644 (1) MOTOR VEHICLE.—Every self-propelled vehicle that is 1645 designed and required to be licensed for use upon a highway, 1646 including trailers and semitrailers designed for use with such 1647 vehicles, except traction engines, road rollers, farm tractors, 1648 power shovels, and well drillers, and every vehicle that is 1649 propelled by electric power obtained from overhead wires but not 1650 operated upon rails, but not including any personal delivery 1651 device or mobile carrier as defined in s. 316.003, bicycle, or 1652 moped. However, the term “motor vehicle” does not include a 1653 motor vehicle as defined in s. 627.732(3) when the owner of such 1654 vehicle has complied with the requirements of ss. 627.730 1655 627.7405, inclusive, unless the provisions of s. 324.051 apply; 1656 and, in such case, the applicable proof of insurance provisions 1657 of s. 320.02 apply. 1658 Section 34. Section 324.031, Florida Statutes, is amended 1659 to read: 1660 324.031 Manner of proving financial responsibility.—The 1661 owner or operator of a taxicab, limousine, jitney, or any other 1662 for-hire passenger transportation vehicle may prove financial 1663 responsibility by providing satisfactory evidence of holding a 1664 motor vehicle liability policy as defined in s. 324.021(8) or s. 1665 324.151, which policy is provided by an insurer authorized to do 1666 business in this stateissued by an insurance carrierwhich is a 1667 member of the Florida Insurance Guaranty Association or an 1668 eligible nonadmitted insurer that has a superior, excellent, 1669 exceptional, or equivalent financial strength rating by a rating 1670 agency acceptable to the Office of Insurance Regulation of the 1671 Financial Services Commission. The operator or owner of any 1672 other vehicle may prove his or her financial responsibility by: 1673 (1) Furnishing satisfactory evidence of holding a motor 1674 vehicle liability policy as defined in ss. 324.021(8) and 1675 324.151; 1676 (2) Furnishing a certificate of self-insurance showing a 1677 deposit of cash in accordance with s. 324.161; or 1678 (3) Furnishing a certificate of self-insurance issued by 1679 the department in accordance with s. 324.171. 1680 1681 Any person, including any firm, partnership, association, 1682 corporation, or other person, other than a natural person, 1683 electing to use the method of proof specified in subsection (2) 1684 shall furnish a certificate of deposit equal to the number of 1685 vehicles owned times $30,000, to a maximum of $120,000; in 1686 addition, any such person, other than a natural person, shall 1687 maintain insurance providing coverage in excess of limits of 1688 $10,000/20,000/10,000 or $30,000 combined single limits, and 1689 such excess insurance shall provide minimum limits of 1690 $125,000/250,000/50,000 or $300,000 combined single limits. 1691 These increased limits shall not affect the requirements for 1692 proving financial responsibility under s. 324.032(1). 1693 Section 35. Subsection (2) of section 324.032, Florida 1694 Statutes, is amended to read: 1695 324.032 Manner of proving financial responsibility; for 1696 hire passenger transportation vehicles.—Notwithstanding the 1697 provisions of s. 324.031: 1698 (2) An owner or a lessee who is required to maintain 1699 insurance under s. 324.021(9)(b) and who operates at least 150 1700300taxicabs, limousines, jitneys, or any other for-hire 1701 passenger transportation vehicles may provide financial 1702 responsibility by complying with the provisions of s. 324.171, 1703 such compliance to be demonstrated by maintaining at its 1704 principal place of business an audited financial statement, 1705 prepared in accordance with generally accepted accounting 1706 principles, and providing to the department a certification 1707 issued by a certified public accountant that the applicant’s net 1708 worth is at least equal to the requirements of s. 324.171 as 1709 determined by the Office of Insurance Regulation of the 1710 Financial Services Commission, including claims liabilities in 1711 an amount certified as adequate by a Fellow of the Casualty 1712 Actuarial Society. 1713 1714 Upon request by the department, the applicant must provide the 1715 department at the applicant’s principal place of business in 1716 this state access to the applicant’s underlying financial 1717 information and financial statements that provide the basis of 1718 the certified public accountant’s certification. The applicant 1719 shall reimburse the requesting department for all reasonable 1720 costs incurred by it in reviewing the supporting information. 1721 The maximum amount of self-insurance permissible under this 1722 subsection is $300,000 and must be stated on a per-occurrence 1723 basis, and the applicant shall maintain adequate excess 1724 insurance issued by an authorized or eligible insurer licensed 1725 or approved by the Office of Insurance Regulation. All risks 1726 self-insured shall remain with the owner or lessee providing it, 1727 and the risks are not transferable to any other person, unless a 1728 policy complying with subsection (1) is obtained. 1729 Section 36. Subsection (5) of section 338.166, Florida 1730 Statutes, is amended to read: 1731 338.166 High-occupancy toll lanes or express lanes.— 1732 (5)Effective July 1, 2018,If thea customer’saverage 1733 travel speed for a segment oftrip inan express lane falls 1734 below 40 miles per hour, the tollcustomer must becharged shall 1735 be the segment’s minimumexpress lanetoll amount. An express 1736 lane segment is the distance between the customer’s point of 1737 entry to the first available exit. Additional segments are 1738 defined by the distance between subsequent exits.A customer’s1739express lane average travel speed is his or her average travel1740speed from the customer’s entry point to the customer’s exit1741point.1742 Section 37. Paragraphs (d) and (e) of subsection (1) of 1743 section 338.2216, Florida Statutes, are amended to read: 1744 338.2216 Florida Turnpike Enterprise; powers and 1745 authority.— 1746 (1) 1747 (d) The Florida Turnpike Enterprise shall pursue and 1748 implement new technologies and processes in its operations and 1749 collection of tolls and the collection of other amounts 1750 associated with road and infrastructure usage. Such technologies 1751 and processes must include, without limitation, video billing 1752 and variable pricing. The Florida Turnpike Enterprise may 1753 require the use of an electronic transponder interoperable with 1754 the department’s electronic toll collection system for the use 1755 of express lanes on the turnpike system. Variable pricing may 1756 not be implemented in express lanes when the level of service in 1757 the express lane, determined in accordance with the criteria 1758 established by the Transportation Research Board Highway 1759 Capacity Manual (5th Edition, HCM 2010), as amended from time to 1760 time, is equal to level of service A. Variable pricing in 1761 express lanes when the level of service in the express lane is 1762 level of service B may only be implemented by charging the 1763 segment’s generaltoll lanetoll amount plus the segment’s 1764 minimum tollanamountset by department rule. An express lane 1765 segment is the distance between the customer’s point of entry to 1766 the first available exit. Additional segments are defined by the 1767 distance between subsequent exits. Except as otherwise provided 1768 in this subsection, pricing in express lanes when the level of 1769 service is other than level of service A or level of service B 1770 may vary in the manner established by the Florida Turnpike 1771 Enterprise to manage congestion in the express lanes. 1772(e)Effective July 1, 2018, if a customer’s average travel1773speed for a trip in an express lane falls below 40 miles per1774hour, the customer must be charged the general toll lane toll1775amount plus an amount set by department rule. A customer’s1776express lane average travel speed is his or her average travel1777speed from the customer’s entry point to the customer’s exit1778point.1779 Section 38. Subsection (2) of section 338.222, Florida 1780 Statutes, is amended to read: 1781 338.222 Department of Transportation sole governmental 1782 entity to acquire, construct, or operate turnpike projects; 1783 exception.— 1784 (2) The department may, but is not required to, contract 1785 with any local governmental entity as defined in s. 334.03(13) 1786 for the design, right-of-way acquisition, transfer, purchase, 1787 sale, acquisition, or other conveyance of the ownership, 1788 operation, maintenance, or construction of any turnpike project 1789 which the Legislature has approved. Local governmental entities 1790 may negotiate and contract with the department for the design, 1791 right-of-way acquisition, transfer, purchase, sale, acquisition, 1792 or other conveyance of the ownership, operation, maintenance, or 1793andconstruction of any section of the turnpike project within 1794 areas of their respective jurisdictions or within counties with 1795 which they have interlocal agreements. 1796 Section 39. Section 334.352, Florida Statutes, is created 1797 to read: 1798 334.352 State university ingress and egress.—A local 1799 governmental entity may not prevent public motor vehicle use on 1800 or access to an existing transportation facility or 1801 transportation corridor as defined in s. 334.03 if that 1802 transportation facility or transportation corridor is the only 1803 point, or one of only two points, of ingress to and egress from 1804 a state university as defined in s. 1000.21 and regulated by the 1805 Board of Governors of the State University System as provided in 1806 s. 20.155. 1807 Section 40. Subsection (1) of section 655.960, Florida 1808 Statutes, is amended to read: 1809 655.960 Definitions; ss. 655.960-655.965.—As used in this 1810 section and ss. 655.961-655.965, unless the context otherwise 1811 requires: 1812 (1) “Access area” means any paved walkway or sidewalk which 1813 is within 50 feet of any automated teller machine. The term does 1814 not include any street or highway open to the use of the public, 1815 as defined in s. 316.003(80)(a) or (b)s. 316.003(79)(a) or (b), 1816 including any adjacent sidewalk, as defined in s. 316.003. 1817 Section 41. Paragraph (a) of subsection (2) of section 1818 812.014, Florida Statutes, is amended to read: 1819 812.014 Theft.— 1820 (2)(a)1. If the property stolen is valued at $100,000 or 1821 more or is a semitrailer that was deployed by a law enforcement 1822 officer; or 1823 2. If the property stolen is cargo valued at $50,000 or 1824 more that has entered the stream of interstate or intrastate 1825 commerce from the shipper’s loading platform to the consignee’s 1826 receiving dock; or 1827 3. If the offender commits any grand theft and: 1828 a. In the course of committing the offense the offender 1829 uses a motor vehicle as an instrumentality, other than merely as 1830 a getaway vehicle, to assist in committing the offense and 1831 thereby damages the real property of another; or 1832 b. In the course of committing the offense the offender 1833 causes damage to the real or personal property of another in 1834 excess of $1,000; or 1835 4. If the property stolen is cargo and in the course of 1836 committing the offense the offender uses any type of device to 1837 defeat, block, disable, jam, or interfere with a global 1838 positioning system or similar system designed to identify the 1839 location of the cargo or the vehicle or trailer carrying the 1840 cargo, 1841 1842 the offender commits grand theft in the first degree, punishable 1843 as a felony of the first degree, as provided in s. 775.082, s. 1844 775.083, or s. 775.084. 1845 Section 42. Except as otherwise expressly provided in this 1846 act, this act shall take effect October 1, 2018.