Bill Text: FL S1230 | 2021 | Regular Session | Introduced
Bill Title: Insurance
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Transportation [S1230 Detail]
Download: Florida-2021-S1230-Introduced.html
Florida Senate - 2021 SB 1230 By Senator Rodriguez 39-00841-21 20211230__ 1 A bill to be entitled 2 An act relating to insurance; amending s. 316.003, 3 F.S.; defining the term “automatic license plate 4 reader system”; amending s. 316.008, F.S.; authorizing 5 counties and municipalities to install automatic 6 license plate reader systems for a specified purpose; 7 creating s. 316.647, F.S.; requiring the Department of 8 Highway Safety and Motor Vehicles to establish the 9 Uninsured Vehicle Enforcement Program; providing the 10 purpose of the program; requiring the department, in 11 coordination with the Department of Transportation, to 12 install and operate automatic license plate reader 13 systems on infrastructure; requiring the Department of 14 Highway Safety and Motor Vehicles to coordinate with 15 municipalities and counties to install such systems; 16 authorizing the department to use such systems to 17 access and collect certain data; providing 18 requirements for the program; authorizing the 19 department to contract with an entity to provide 20 necessary technology, equipment, and maintenance for 21 the program; authorizing law enforcement officers to 22 verify certain information by sworn affidavit; 23 providing that such affidavit constitutes probable 24 cause for prosecution; requiring data collected or 25 retained under the program to be retained by a law 26 enforcement agency under specified circumstances; 27 prohibiting data collected or retained through the use 28 of an automated license plate reader system from being 29 used by an individual or agency for purposes other 30 than traffic safety and traffic monitoring; 31 prohibiting law enforcement agencies and certain other 32 agencies from selling license plate data or sharing 33 such data unless otherwise authorized; requiring the 34 department to annually publish a report by a specified 35 date; requiring the department to provide such report 36 to the Legislature; providing requirements for such 37 report; providing applicability; authorizing the 38 department to adopt rules; amending ss. 212.05, 39 316.306, and 655.960, F.S.; conforming cross 40 references; providing an effective date. 41 42 WHEREAS, the Insurance Information Institute reports that, 43 in 2015, the estimated percentage of uninsured motorists in 44 Florida ranked the highest of any state at 26.7 percent, and 45 WHEREAS, while many Floridians are paying premiums for 46 uninsured motor vehicle coverage, the state is missing tax 47 revenue associated with premiums from those who do not carry 48 this coverage, and 49 WHEREAS, crashes caused by uninsured motorists result in a 50 significant economic impact on Floridians and the state, and 51 WHEREAS, an uninsured vehicle enforcement program is one 52 tool for encouraging motorists to comply with motor vehicle 53 coverage requirements, and 54 WHEREAS, an uninsured vehicle enforcement program would 55 give a vehicle owner the opportunity to choose vehicle insurance 56 that meets his or her needs, and 57 WHEREAS, reducing the number of cases involving the justice 58 system will reduce the fiscal impact of uninsured motorists on 59 the state, and 60 WHEREAS, the collection of citation and diversion fees from 61 those who have violated motor vehicle insurance laws under the 62 uninsured vehicle enforcement program would reduce the tax 63 burden on all Floridians, and 64 WHEREAS, similar enforcement programs implemented elsewhere 65 have demonstrated that they are effective at increasing safety 66 and reducing burdens on the justice system, and 67 WHEREAS, other state legislatures are considering enacting 68 similar legislation in 2021, NOW, THEREFORE, 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1. Present subsections (4) through (105) of section 73 316.003, Florida Statutes, are redesignated as subsections (5) 74 through (106), respectively, a new subsection (4) is added to 75 that section, and present subsection (62) of that section is 76 amended, to read: 77 316.003 Definitions.—The following words and phrases, when 78 used in this chapter, shall have the meanings respectively 79 ascribed to them in this section, except where the context 80 otherwise requires: 81 (4) AUTOMATIC LICENSE PLATE READER SYSTEM.—A system of one 82 or more mobile or fixed cameras that capture images of 83 registration plates to which computer algorithms are applied to 84 convert those images into computer-readable data. 85 (63)(62)PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 86 provided in paragraph (85)(b)(84)(b), any privately owned way 87 or place used for vehicular travel by the owner and those having 88 express or implied permission from the owner, but not by other 89 persons. 90 Section 2. Subsection (9) is added to section 316.008, 91 Florida Statutes, to read: 92 316.008 Powers of local authorities.— 93 (9) In coordination with the Department of Highway Safety 94 and Motor Vehicles and the Department of Transportation, a 95 county, in any unincorporated area of that county, or a 96 municipality, within the incorporated area of that municipality, 97 may install, or may authorize by contract or interlocal 98 agreement installation of, an automatic license plate reader 99 system on streets and highways under its jurisdiction to enforce 100 the Uninsured Vehicle Enforcement Program established under s. 101 316.647. 102 Section 3. Section 316.647, Florida Statutes, is created to 103 read: 104 316.647 Uninsured Vehicle Enforcement Program.— 105 (1) The department shall establish the Uninsured Vehicle 106 Enforcement Program. The purpose of the program is to enhance 107 public safety through increased compliance with chapter 324. 108 (2)(a) The department, in coordination with the Department 109 of Transportation, shall install and operate automatic license 110 plate reader systems on infrastructure, including, but not 111 limited to, traffic signal poles and supports, highway sign 112 support structures, bridges, and overpasses. The installation of 113 the systems must make use of electrical power available on such 114 infrastructure. 115 (b) The department shall coordinate with municipalities and 116 counties in such installation as provided in s. 316.008(9). 117 (c) The department may use automatic license plate reader 118 systems to access and collect data for the investigation, 119 detection, analysis, or enforcement of compliance with chapter 120 324. 121 (3) The program must include all of the following: 122 (a) A system for matching a vehicle identified by an 123 automatic license plate reader system with insurance data held 124 by the department for registered vehicles. 125 (b) Appropriate safeguards and controls to prevent misuse 126 or unauthorized access. 127 (c) A disaster recovery plan to ensure service continuity 128 in the event of a disaster. 129 (d) A process for notifying the owner of record of a 130 vehicle who has been identified as not being in compliance with 131 chapter 324. 132 (4) The department may contract with an entity to provide 133 necessary technology, equipment, and maintenance for the program 134 and arrange for required updates and maintenance of system 135 software and for the analysis of the system’s data and the 136 system’s operational performance and effectiveness. 137 (5) A law enforcement officer may verify by sworn 138 affidavit, which affidavit constitutes probable cause for 139 prosecution under applicable state law, that: 140 (a) A photograph generated by an automatic license plate 141 reader system unit identifies a particular vehicle operating on 142 or having been operated on a public road, highway, street, or 143 turnpike or any other public place or upon any private road or 144 driveway that provides access to a single-family or multifamily 145 dwelling; and 146 (b) The data held by the department shows that the vehicle 147 was uninsured at the time such vehicle was being operated. 148 (6)(a) Data collected or retained through the use of an 149 automated license plate reader system under the program must be 150 retained by a law enforcement agency when the data is being used 151 as evidence of a violation of chapter 324; however, when the 152 data is no longer needed as evidence of a violation, the data 153 must be deleted or destroyed. 154 (b) Data collected or retained through the use of an 155 automated license plate reader system may not be used by any 156 individual or agency for purposes other than for traffic safety 157 or traffic monitoring. A law enforcement agency or any other 158 entity authorized to operate under this program may not sell 159 captured license plate data for any purpose or share such data 160 for any purpose not expressly authorized by this section. 161 (7) By September 15 of each year following the 162 implementation of the program, the department shall publish a 163 report on the operation of the program during the previous 164 fiscal year. An electronic copy of the report must be 165 distributed to the President of the Senate and the Speaker of 166 the House of Representatives. The report must include an 167 evaluation of program operations and may include any information 168 and recommendations for improvement of the program deemed 169 appropriate by the department. 170 (8) This section does not apply to, and may not be 171 construed or interpreted to prohibit the use of, any other 172 automated license plate reader system by an individual or a 173 private legal entity for purposes not otherwise prohibited by 174 law. 175 (9) The department may adopt rules to administer this 176 section. 177 Section 4. Paragraph (c) of subsection (1) of section 178 212.05, Florida Statutes, is amended to read: 179 212.05 Sales, storage, use tax.—It is hereby declared to be 180 the legislative intent that every person is exercising a taxable 181 privilege who engages in the business of selling tangible 182 personal property at retail in this state, including the 183 business of making mail order sales, or who rents or furnishes 184 any of the things or services taxable under this chapter, or who 185 stores for use or consumption in this state any item or article 186 of tangible personal property as defined herein and who leases 187 or rents such property within the state. 188 (1) For the exercise of such privilege, a tax is levied on 189 each taxable transaction or incident, which tax is due and 190 payable as follows: 191 (c) At the rate of 6 percent of the gross proceeds derived 192 from the lease or rental of tangible personal property, as 193 defined herein; however, the following special provisions apply 194 to the lease or rental of motor vehicles: 195 1. When a motor vehicle is leased or rented for a period of 196 less than 12 months: 197 a. If the motor vehicle is rented in Florida, the entire 198 amount of such rental is taxable, even if the vehicle is dropped 199 off in another state. 200 b. If the motor vehicle is rented in another state and 201 dropped off in Florida, the rental is exempt from Florida tax. 202 2. Except as provided in subparagraph 3., for the lease or 203 rental of a motor vehicle for a period of not less than 12 204 months, sales tax is due on the lease or rental payments if the 205 vehicle is registered in this state; provided, however, that no 206 tax shall be due if the taxpayer documents use of the motor 207 vehicle outside this state and tax is being paid on the lease or 208 rental payments in another state. 209 3. The tax imposed by this chapter does not apply to the 210 lease or rental of a commercial motor vehicle as defined in s. 211 316.003(14)(a)s. 316.003(13)(a)to one lessee or rentee for a 212 period of not less than 12 months when tax was paid on the 213 purchase price of such vehicle by the lessor. To the extent tax 214 was paid with respect to the purchase of such vehicle in another 215 state, territory of the United States, or the District of 216 Columbia, the Florida tax payable shall be reduced in accordance 217 with the provisions of s. 212.06(7). This subparagraph shall 218 only be available when the lease or rental of such property is 219 an established business or part of an established business or 220 the same is incidental or germane to such business. 221 Section 5. Paragraph (a) of subsection (3) of section 222 316.306, Florida Statutes, is amended to read: 223 316.306 School and work zones; prohibition on the use of a 224 wireless communications device in a handheld manner.— 225 (3)(a)1. A person may not operate a motor vehicle while 226 using a wireless communications device in a handheld manner in a 227 designated school crossing, school zone, or work zone area as 228 defined in s. 316.003(106)s. 316.003(105). This subparagraph 229 shall only be applicable to work zone areas if construction 230 personnel are present or are operating equipment on the road or 231 immediately adjacent to the work zone area. For the purposes of 232 this paragraph, a motor vehicle that is stationary is not being 233 operated and is not subject to the prohibition in this 234 paragraph. 235 2.a. During the period from October 1, 2019, through 236 December 31, 2019, a law enforcement officer may stop motor 237 vehicles to issue verbal or written warnings to persons who are 238 in violation of subparagraph 1. for the purposes of informing 239 and educating such persons of this section. This sub 240 subparagraph shall stand repealed on October 1, 2020. 241 b. Effective January 1, 2020, a law enforcement officer may 242 stop motor vehicles and issue citations to persons who are 243 driving while using a wireless communications device in a 244 handheld manner in violation of subparagraph 1. 245 Section 6. Subsection (1) of section 655.960, Florida 246 Statutes, is amended to read: 247 655.960 Definitions; ss. 655.960-655.965.—As used in this 248 section and ss. 655.961-655.965, unless the context otherwise 249 requires: 250 (1) “Access area” means any paved walkway or sidewalk which 251 is within 50 feet of any automated teller machine. The term does 252 not include any street or highway open to the use of the public, 253 as defined in s. 316.003(85)(a) or (b)s. 316.003(84)(a) or (b), 254 including any adjacent sidewalk, as defined in s. 316.003. 255 Section 7. This act shall take effect July 1, 2021.