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Transportation & Infrastructure Subcommittee: Committee Meeting Notice, January 28, 2020

Summary

A revised meeting packet for the Transportation & Infrastructure Subcommittee, Tuesday, January 28, 2020, 12:00 PM, with Brad Drake as Chair. The notice lists HB 395 Transportation by Andrade, HB 787 Driver Licenses, HB 789 Driver License Fees and HB 943 Electric Vehicle Charging Stations, among others. The staff analysis summary of HB 395, dated 1/24/2020, states that the bill requires the Florida Transportation Commission to establish and adjust the salary of the Secretary of Transportation based on a market analysis, and sets a minimum salary of $180,000 per year. It also states that the bill authorizes the Governor, instead of the Secretary of Transportation, to suspend tolls in an emergency evacuation.

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“Transportation & Infrastructure Subcommittee: Committee Meeting Notice, January 28, 2020.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-28-3014-transportation-infrastructure-subcommittee-action-pack-a41fdeea1c/, SHA-256 8f9e7fd39ee8b1a61996fa2434d978a73dc4d39ccb86de10ada1ed33ce79aa39.

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          Transportation & Infrastructure
                 Subcommittee
                 Tuesday, January 28, 2020
                    12:00 PM – 3:00 PM
                   Reed Hall (102 HOB)




Jose R. Oliva                                Brad Drake
Speaker                                           Chair
                                         Committee Meeting Notice
                                               HOUSE OF REPRESENTATIVES




                                 Transportation & Infrastructure Subcommittee

Start Date and Time:                Tuesday, January 28, 2020 12:00 pm

End Date and Time:                  Tuesday, January 28, 2020 03:00 pm

Location:                           Reed Hall (102 HOB)
Duration:                           3.00 hrs


Consideration of the following bill(s):

HB 395 Transportation by Andrade
HB 787 Driver Licenses by Tomkow
HB 789 Driver License Fees by Tomkow
HB 943 Electric Vehicle Charging Stations by Daley
HB 971 Electric Bicycles by Grant, M.
HB 1039 Transportation Network Companies by Rommel
HB 1281 Police Vehicles by McGhee
HB 1371 Traffic and Pedestrian Safety by Fine, Caruso




                               NOTICE FINALIZED on 01/24/2020 4:01PM by Denson.Tori


01/24/2020       4:01:34PM                                Leagis ®                    Page 1 of 1
HB 395
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 395 Transportation
SPONSOR(S): Andrade
TIED BILLS:       IDEN./SIM. BILLS:                        SB 1172

    REFERENCE                                                          ACTION                 ANALYST              STAFF DIRECTOR or
                                                                                                                   BUDGET/POLICY CHIEF

    1) Transportation & Infrastructure Subcommittee                                           Johnson              Vickers

    2) Transportation & Tourism Appropriations
       Subcommittee

    3) State Affairs Committee

                                                         SUMMARY ANALYSIS
The bill amends various statutory provisions relating to transportation. In summary, the bill:
    Requires the Florida Transportation Commission to establish and adjust the salary of the Secretary of
        Transportation based on a market analysis of the salaries of comparatively skilled individuals.
    Sets the minimum salary of the Secretary of Transportation at $180,000 per year.
    Extends the length of time certain competitive solicitations required by the Department of
        Transportation (DOT) are exempt from public records requirements.
    Authorizes construction vehicles and portable radar speed display units to display flashing blue lights
        under certain circumstances.
    Authorizes the use of flashing lights on vehicles during periods of extreme low visibility under certain
        circumstances.
    Clarifies qualification requirements for contractors desiring to bid on DOT contracts in excess of $50
        million.
    Requires contractors seeking DOT certification as qualified to bid on certain projects to submit specified
        financial statements.
    Revises liability provisions for DOT contractors under certain conditions.
    Authorizes the Governor, instead of the Secretary of Transportation to suspend tolls in an emergency
        evacuation and requires suspended tolls to be reinstated when certain conditions are met.

DOT may incur additional operating expenditures associated with salary adjustments. The Florida
Transportation Commission will incur expenditures associated with conducting a market analysis to ascertain
compensation levels for the Secretary of Transportation. There may be an impact to state and local
government revenues due to the automatic reinstatement of tolls following an emergency evacuation. See
Fiscal Analysis for details.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0395.TIS
DATE: 1/24/2020
                                                      FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        DOT Executive Salaries

        Present Situation

        Department of Transportation
        The Department of Transportation (DOT) is created as a decentralized agency, consisting of seven
        geographic districts, the Florida Turnpike Enterprise, and the Florida Rail Enterprise.1

        DOT is headed by the Secretary of Transportation, who is appointed by the Governor from among
        three persons nominated by the Florida Transportation Commission (FTC), subject to Senate
        confirmation.2 The Secretary of Transportation must be a proven, effective administrator who by a
        combination of education and experience clearly possesses a broad knowledge of the administrative,
        financial, and technical aspects of the development, operation, and regulation of transportation systems
        and facilities or comparable systems and facilities.3

        The Secretary of Transportation may appoint up to three assistant secretaries who are directly
        responsible to the secretary, and who perform such duties as are assigned by the secretary. The
        secretary may delegate to any assistant secretary the authority to act in the absence of the secretary.4
        The Secretary of Transportation and DOT’s assistant secretaries are exempt from the Career Service
        System5 and must be compensated commensurate with their qualifications and competitive with
        compensation for comparable responsibility in the private sector.6

        Florida Transportation Commission
        The FTC is a nine-member citizen’s advisory board for DOT. While specifically prohibited from entering
        into DOT’s day to day operations, the FTC:
             Reviews major transportation policy initiatives or revisions submitted by DOT.
             Recommends transportation policy to the Governor and Legislature.
             Serves as an oversight body for DOT.
             Serves as an oversight body for statutorily-created transportation authorities. 7

        Secretary of Transportation Compensation
        Rule 60L-32.001, F.A.C., states that “upon appointment, an agency shall set an employee’s base rate
        of pay within the pay band for the broadband level to which appointed.” In the State Personnel System,
        most agency heads are in Pay Band 25, with a salary range of $68,135.86 - $318,327.74. While the
        broad-banding system is the State Personnel System’s official classification/compensation system, for
        planning and budgeting purposes the Legislature and the Office of Policy and Budget use the state’s
        former pay grade system. Under the former pay grade system, Pay Grade 95, which is associated with
        the most agency heads, including the Secretary of Transportation, has salary a range of $77,470.12 -
        $184,557.21.8 However, unless a specific salary is set by law or in the General Appropriations Act, the
        salaries of agency heads are determined by the appointing person or entity.9


1
  Section 20.23(4)(a), F.S.
2
  Section 20.23(1)(a), F.S.
3
  Section 20.23(1)(b), F.S.
4
  Section 20.23(1)(d), F.S.
5
  Part III of Ch. 110, F.S.
6
  Section 20.23(1)(e), F.S.
7
  Section 20.23(2), F.S. FTC website, http://www.ftc.state.fl.us/aboutus.shtm (Last visited Jan. 22, 2020).
8
  Exceptions include the Chancellor of the Board of Governors, the Executive Director of the Department of Citrus, and the State
Surgeon General.
9
  Email from Andrew Forst, Deputy Legislative Affairs Director, Department of Management Services, RE: HB 395-Transportation
(Oct. 25, 2019).
STORAGE NAME: h0395.TIS                                                                                                    PAGE: 2
DATE: 1/24/2020
         The Secretary of Transportation’s current salary is $142,500 per year.10

         Effect of the Bill
         The bill requires that the Secretary of Transportation and any assistant secretaries be compensated
         commensurate with his or her qualification and competitive with compensation for persons with
         comparable responsibility in both other public sector organizations and the private sector.

         The bill requires the FTC to establish and adjust the Secretary of Transportation’s salary according to a
         market analysis focused on comparably skilled individuals in other public sector organizations11 and on
         comparably skilled individuals in the private sector. The market analysis must serve as a basis for
         ascertaining compensation levels required to retain the Secretary of Transportation in the position
         within DOT and to attract external individuals whose talents can fulfill DOT’s mission and effect change.
         This market analysis must be updated before the appointment of a new Secretary of Transportation.

         The bill also sets the minimum salary for the Secretary of Transportation at $180,000 per year.

         DOT Competitive Solicitations-Public Records Exemption

         Present Situation

         Public Records
         Article I, s. 24(a) of the State Constitution sets forth the state’s public policy regarding access to
         government records. This section guarantees every person a right to inspect or copy any public record
         of the legislative, executive, and judicial branches of government. The Legislature, however, may
         provide by general law, for the exemption of records from the requirements of Article I, section 24(a).12
         The general law must only contain such exemptions and state with specificity the public necessity
         justifying the exemption13 and must be no more broad than necessary to accomplish its purpose.14

         Public policy regarding access to government records is addressed further in the Florida Statutes.
         Section 119.07(1), F.S., guarantees every person a right to inspect and copy any state, county, or
         municipal record. Furthermore, the Open Government Sunset Review Act15 provides that a public
         record or public meeting exemption may be created or maintained only if it serves an identifiable public
         purpose. In addition, it may be no broader than is necessary to meet one of the following purposes:
             Allow the state or its political subdivisions to effectively and efficiently administer a
                governmental program, which administration would be significantly impaired without the
                exemption.
             Protect sensitive personal information that, if released, would be defamatory or would
                jeopardize an individual’s safety; however, only the identity of an individual may be exempted
                under this provision.
             Protect trade or business secrets.16

         Section 119.071(1), F.S., provides general exemptions from the inspection or copying of public records,
         including an exemption for sealed bids, proposals, or replies received by an agency17 pursuant to a



10
   Florida Has A Right to Know, State Employee’s Salaries: Available at:
https://salaries.myflorida.com/?utf8=%E2%9C%93&by_name=Thibault&by_agency=FL+Dept+of+Transportation&by_class_code=
&min_salary=0&max_salary=317200 (Last visited Dec. 9, 2019).
11
   These public sector organizations, include, but are not limited to, expressway authorities, aviation authorities, and port authorities.
12
   Art. I, s. 24(c), Fla. Const.
13
   This portion of a public record exemption is commonly referred to as a “public necessity statement.”
14
   Art. I, s. 24(c), Fla. Const.
15
   Section 119.15, F.S.
16
   Section 119.15(6)(b), F.S.
17
   Section 119.011(2), F.S., defines the term “agency” as any state, county, district, authority, or municipal officer, department,
division, board, bureau, commission, or other separate unit of government created or established by law including, for the purposes of
this chapter, the Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or
private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.
STORAGE NAME: h0395.TIS                                                                                                            PAGE: 3
DATE: 1/24/2020
         competitive solicitation18 until such time as the agency provides notice of an intended decision or until
         30 days after opening the bids, proposals, or final replies, whichever is earlier.19

         DOT’s Competitive Solicitation Authority
         Section 337.11, F.S., authorizes DOT to enter into contracts for the construction and maintenance of all
         roads placed under its supervision. DOT may also enter into contracts for the construction and
         maintenance of various structures used in connection with such facilities.20 The statute provides
         requirements for contracts that DOT may enter into, including requirements for advertisement, the
         awarding of contracts, bid protests, design-build contracts, supplemental agreements, and certain
         required provisions in this contract. However, s. 337.11, F.S., does not contain a separate public
         records exemption for the documents required for competitive solicitations.

         Effect of the Bill
         The bill amends s. 119.071(1)(b)2., F.S., providing that DOT’s competitive solicitations under s. 337.11,
         F.S., are exempt from public records requirements until 90 days, instead of the current 30 days, after
         opening the bids, proposals, or final replies, whichever is earlier.

         Display of Blue Lights

         Present Situation
         Florida law prohibits blue lights on any vehicle or equipment, except police vehicles, and vehicles of the
         Department of Corrections or any county correctional agency when responding to emergencies.21

         Road or street maintenance equipment, road or street maintenance vehicles, road service vehicles,
         refuse collection vehicles, petroleum tankers, and mail carrier vehicles are authorized to display amber
         lights when in operation or a hazard exists.22 Additionally, road maintenance and construction
         equipment and vehicles may display flashing white lights or flashing white strobe lights when in
         operation and where a hazard exists.23

         Effect of the Bill
         The bill authorizes construction vehicles within a work zone on roadways with a posted speed limit of
         55 miles per hour or more to use flashing blue lights in conjunction with paving operations or where a
         hazard exists.

         The bill also authorizes portable radar speed display units in advance of a work zone on roadways with
         a posted speed limit of 55 miles per hour or more to show or display flashing red or blue lights when
         workers are present.

         Flashing Lights on Vehicles

         Present Situation
         Flashing lights are prohibited on vehicles except:
             As a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is
                lawfully stopped or disabled upon the highway;
             When a motorist intermittently flashes his or her vehicle’s headlamps at an oncoming vehicle
                notwithstanding the motorist’s intent for doing so; and
             For various lamps authorized in statute, which may flash.24



18
   Section 119.071(1)(b)1., F.S. defines the term “competitive solicitation” as a process of requesting and receiving sealed bids,
proposals, or replies in accordance with the terms of a competitive process, regardless of the method of procurement.
19
   Section 119.071(1)(b)2., F.S.
20
   Section 337.11(1), F.S.
21
   Section 316.2397(2), F.S.
22
   Section 316.2397(4), F.S.
23
   Section 316.2397(5), F.S.
24
   Section 316.2397(2), F.S.
STORAGE NAME: h0395.TIS                                                                                                          PAGE: 4
DATE: 1/24/2020
         A violation is a noncriminal traffic infraction, punishable as a nonmoving violation. The statutory base
         fine is $30, but with additional fees and surcharges, the total fine is up to $108.25

         With the exception of funeral processions,26 Florida law does not expressly authorize the use of hazard
         lights in moving vehicles. The Florida Driver Handbook indicates you should not use your emergency
         flashers in instances of low visibility or rain, and may only be used when a vehicle is broken down or
         stopped on the side of the road.27

         Effect of the Bill
         The bill authorizes the use of flashing lights during periods of extreme low visibility on roadways with a
         posted speed limit of 55 hours or more. This provision effectively authorizes the use of hazard lights on
         moving vehicles under specified circumstances.

         DOT Application for Qualification

         Present Situation
         Any contractor desiring to bid for the performance of any construction contract in excess of $250,000
         which DOT proposes to let must first be certified by DOT as qualified pursuant to s. 337.14, F.S., and
         DOT’s rules.28, 29

         Any contractor who is not qualified and in good standing with DOT as of January 1, 2019, and desires
         to bid on contracts in excess of $50 million must have satisfactorily completed two projects, each in
         excess of $15 million, for DOT or for any other state department of transportation.30

         Each application for certification must be accompanied by the applying contractor’s latest annual
         financial statement, which must have been completed within the last 12 months. If the application or the
         annual financial statement shows the applying contractor’s financial condition more than four months
         prior to the date on which DOT receives the application, the applying contractor must also submit an
         interim financial statement and an updated application. The interim financial statement must cover the
         period from the end date of the annual statement and must show the financial condition of the applying
         contractor no more than four months prior to the date that DOT receives the interim financial statement.
         Each required annual or interim financial statement must be audited and accompanied by the opinion of
         a certified public accountant.31

         Effect of the Bill
         The bill provides that any contractor who desires to bid on contracts in excess of $50 million must, in
         addition to have successfully completed two projects, each in excess of $15 million for DOT or another
         state transportation department, must also first be certified by DOT as qualified.

         The bill requires each application for certification to be accompanied by audited, certified financial
         statements prepared in accordance with United States generally accepted accounting principles and
         United States generally accepted auditing standards by a certified public accountant licensed in this
         state or another state. The applying contractor’s audited, certified financial statements must be
         specifically for the applying contractor and must have been prepared within the immediately preceding
         12 months. DOT may not consider any financial information relating to the parent entity of the applying
         contractor, if any. DOT may not certify as qualified any applying contractor that fails to submit the
         required audited, certified financial statements.
25
   Florida Association of Clerks and Comptrollers; 2019 Distribution Schedule of Court Related Filing Fees, Service Charges, Costs
and Fines, including a Fee Schedule for Recording-Effective July 1, 2019. p. 21. Available at:
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/advisories_2019/19bull053_Attach_1_2019_Dist.pdf (last
visited Nov. 8, 2019).
26
   Section 316.1974(3)(c), F.S.
27
   Department of Highway Safety and Motor Vehicles, 2018 Florida Driver Handbook, available at:
https://www3.flhsmv.gov/handbooks/englishdriverhandbook.pdf (last visited Oct. 30, 2019).
28
   DOT’s rules regarding qualifications to bid are contained in Ch. 14-22, F.A.C.
29
   Section 337.14(1), F.S.
30
   Id.
31 Id.
STORAGE NAME: h0395.TIS                                                                                                     PAGE: 5
DATE: 1/24/2020
        If the application or the annual financial statement shows the applying contractor’s financial condition
        more than four months before the date on which DOT receives the application, the applying contractor
        must also submit interim audited, certified financial statements prepared in accordance with United
        States generally accepted accounting and auditing principles and standards. Financial statements must
        be prepared by a certified public accountant licensed in this state or another state.

        Limits of Liability

        Present Situation
        Under Florida law, a contractor who constructs, maintains, or repairs a transportation facility for DOT is
        not liable for personal injury, property damage, or death arising from the performance of the
        construction, maintenance, or repair if, at the time of the incident, the contractor was in compliance with
        contract documents material to the condition that was the proximate cause of the incident.32

        This limitation on liability does not apply when the proximate cause of the incident is a latent condition,
        defect, error, or omission that was created by the contractor and not a defect, error, or omission in the
        contract documents; or when the proximate cause of the personal injury, property damage, or death
        was the contractor’s failure to perform, update, or comply with the maintenance of the traffic safety plan
        as required by the contract documents.33

        DOT’s Contractor Past Performance Rating (CPPR) regime tracks various categories of a contractor’s
        performance during the course of a construction project, including the contractor’s conformance with
        contract documents.34, 35 This regime is not set forth in statute, but in DOT’s procedures. Categories
        tracked in DOT’s CPPR regime include: the number of performance deficiency letters issued; whether
        active progress is being made with sufficient labor, materials, and equipment; effectiveness in
        minimizing impacts to the traveling public; timely and complete submission of documents; timely
        completion of the project; success in mitigating costs and time overruns; conformance with contract
        documents; and the utilization of disadvantaged business enterprises.36

        Effect of the Bill
        The bill provides that in all incidents involving personal injury, property damage or death, a contractor
        who constructs, maintains, or repairs transportation facilities for DOT is not liable for personal injury,
        property damage, or death arising from the contractor’s performance if, at the time of the incident, the
        contractor was in compliance with contract documents material to the condition that was the proximate
        cause of the personal injury, property damage, or death. This limitation on liability applies when, at the
        time of the incident, the contractor is deemed in compliance with the contract and DOT’s CPPR
        indicates conformance with the contract documents.

        This change appears to limit a contractor’s liability for DOT projects if the contractor is deemed in
        compliance with the contract and DOT’s CPPR indicates conformance with the contract documents at
        the time of the incident.

        Suspension of Tolls

        Present Situation

        Payment of Tolls
        With limited exceptions, the payment of tolls is required for the use of toll facilities.37 One exception is
        that the Secretary of Transportation, or his or her designee, may suspend tolls when necessary to


32
   Section 337.195(2), F.S.
33
   Section 337.195(2)(a), F.S.
34
   This regime is described in DOT Form 700-101-25, which is incorporated by reference into rule 14-22.003, F.A.C.
35
   Department of Transportation, Agency Analysis of 2019 House Bill 395 p. 3.
36
   DOT Form 700-010-25 (Copy on file with Transportation & Infrastructure Subcommittee).
37
   Section 338.155(1)(a), F.S.
STORAGE NAME: h0395.TIS                                                                                              PAGE: 6
DATE: 1/24/2020
        assist in an emergency evacuation.38 However, there is no statutory guidance as to when the
        suspended toll must be reinstated.

        State Emergency Operations Center
        The Division of Emergency Management (DEM), within the Executive Office of the Governor, operates
        the State Emergency Operations Center (EOC) as the central clearinghouse for disaster-related
        information, and requests for deployment of assistance. The EOC has the following statewide levels
        activation:
             Level 1-Full scale activation, the EOC is staffed with DEM personnel and all emergency support
                functions.
             Level 2-Activation of State Emergency Response Team, all primary emergency support
                functions are notified and the EOC is staffed with DEM personnel and necessary emergency
                support functions.
             Level 3-Monitoring Activation-This is a monitoring phase with the EOC staffed with State
                Warning Point Communications and DEM staff.39

        Effect of the Bill
        The bill transfers to the Governor, from the Secretary of Transportation, the authority to suspend tolls to
        assist in emergency evacuations. The bill requires tolls to be automatically reinstated when the county
        in which such tolls are collected resumes a Level 3 activation at the State Emergency Operations
        Center. The Governor may override the automatic reinstatement in extraordinary circumstances.

     B. SECTION DIRECTORY:
        Section 1 amends s. 20.23, F.S., relating to the Department of Transportation.

        Section 2 amends s. 119.071, F.S., providing general exemptions from the inspection or copying of
        public records.

        Section 3 amends s. 316.2397, F.S., providing that certain lights are prohibited.

        Section 4 amends s. 337.146, F.S., providing for applications for qualification and certificates of
        qualification.

        Section 5 amends s. 338.155, F.S., requiring the payment of tolls.

        Section 6 provides an effective date of July 1, 2020.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            Indeterminate. There may be a change in state toll revenues associated with provisions related to
            the automatic reinstatement of tolls. However, since the suspension of tolling is authorized during
            emergency evacuations, the impact on state revenues is indeterminate and cannot be quantified.

        2. Expenditures:
            Indeterminate. According to DOT, there will be an indeterminate increase in expenditures
            associated with minimum salary requirements for the Secretary of Transportation, which will require
            additional budget authority and salary rate. Additionally, the FTC will need additional budget


38
  Section 338.155(1)(b), F.S.
39
  Florida Division of Emergency Management Website, EOC Activation Levels, https://www.floridadisaster.org/sert/eoc-activation-
levels/ (Last visited Oct. 25, 2019).
STORAGE NAME: h0395.TIS                                                                                                  PAGE: 7
DATE: 1/24/2020
             authority in order to conduct the required salary analysis, due to insufficient resources to redirect
             base budget from its other core mission tasks.40

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
             Indeterminate. Local toll agencies may experience a change in toll revenues associated with
             provisions related to the automatic reinstatement of tolls. However, since the suspension of tolling is
             authorized during emergency evacuations, the impact on local government revenues is
             indeterminate and cannot be quantified.

         2. Expenditures:
             This bill does not appear to impact local government expenditures.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
         None.

     D. FISCAL COMMENTS:
         None.


                                                         III. COMMENTS

     A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
            Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
            action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
            raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
            municipalities.

         2. Other:
            Public Records
            As previously stated, Article I, s. 24(a) of the State Constitution sets forth the state’s public policy
            regarding access to government records. This section guarantees every person a right to inspect or
            copy any public record of the legislative, executive, and judicial branches of government. The
            Legislature, however, may provide by general law, for the exemption of records from the
            requirements of Article I, section 24(a).41 The general law must only contain such exemptions and
            state with specificity the public necessity justifying the exemption42 and must be no more broad than
            necessary to accomplish its purpose.43

            Section 2 of the bill expands an existing public records exemption for certain documents related to
            competitive solicitations. Therefore, this provision must be in a separate bill and requires a 2/3 vote
            of each chamber of the Legislature for passage.

     B. RULE-MAKING AUTHORITY:
         DOT may need to amend Rule 14-22, F.A.C., regarding qualifications to bid on construction projects to
         incorporate changes made in the bill.



40
   Department of Transportation, Agency Analysis of 2020 House Bill 395, p. 5, January 8, 2020.
41
   Art. I, s. 24(c), Fla. Const.
42
   This portion of a public record exemption is commonly referred to as a “public necessity statement.”
43
   Art. I, s. 24(c), Fla. Const.
STORAGE NAME: h0395.TIS                                                                                       PAGE: 8
DATE: 1/24/2020
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       Drafting Issues
       The requirement that the FTC establish and adjust the Secretary of Transportation’s salary is effective
       upon this act becoming law. However, the bill’s effective date only provides that the bill is effective July
       1, 2020; and does not make any provision for the other effective date. To incorporate this change into
       Florida Statutes, a direction to the Division of Law Revision may be needed and the effective date of
       the bill may need to be amended.

       Other Comments: Emergency Operations Center Activation Levels
       The bill contemplates that the state EOC’s activation levels are on a county level; however the state
       EOC operates its activation levels on a statewide basis. It is not clear how this will impact the toll
       reinstatement provisions of the bill.

                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   None.




STORAGE NAME: h0395.TIS                                                                                      PAGE: 9
DATE: 1/24/2020
F   L      O   R    I   D   A    H   O   U   S   E      O   F      R    E   P   R   E   S   E   N   T   A   T    I   V   E   S




           HB 395                                                                                                2020




    1                                         A bill to be entitled
    2               An act relating to transportation; amending s. 20.23,
    3               F.S.; revising requirements for determining the
    4               salaries of the secretary of the Department of
    5               Transportation and assistant secretaries; specifying
    6               the secretary's minimum salary; amending s. 119.071,
    7               F.S.; revising the time period during which sealed
    8               bids, proposals, or replies received by the department
    9               pursuant to a competitive solicitation are exempt from
10                  public records requirements; amending s. 316.2397,
11                  F.S.; authorizing certain vehicles to show or display
12                  certain lights under certain circumstances; amending
13                  s. 337.14, F.S.; requiring certain contractors to be
14                  certified by the department as qualified; revising the
15                  financial statements required to accompany an
16                  application for certification; prohibiting the
17                  department from considering certain financial
18                  information; requiring the contractor to submit
19                  interim financial statements under certain
20                  circumstances; providing requirements for such
21                  statements; amending s. 337.195, F.S.; specifying
22                  conditions under which limitation on liability of the
23                  department for personal injury, property damage, or
24                  death applies; amending s. 338.155, F.S.; authorizing
25                  the Governor to suspend payment of tolls when

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        HB 395                                                                                                2020




26               necessary to assist emergency evacuation; providing
27               for automatic reinstatement of tolls; authorizing the
28               Governor to override the automatic reinstatement in
29               extraordinary circumstances; providing an effective
30               date.
31
32      Be It Enacted by the Legislature of the State of Florida:
33
34               Section 1.        Subsection (1) of section 20.23, Florida
35      Statutes, is amended to read:
36               20.23       Department of Transportation.—There is created a
37      Department of Transportation which shall be a decentralized
38      agency.
39               (1)(a)      The head of the Department of Transportation is the
40      Secretary of Transportation. The secretary shall be appointed by
41      the Governor from among three persons nominated by the Florida
42      Transportation Commission and shall be subject to confirmation
43      by the Senate. The secretary shall serve at the pleasure of the
44      Governor.
45               (b)     The secretary shall be a proven, effective
46      administrator who, by a combination of education and experience,
47      shall clearly possesses possess a broad knowledge of the
48      administrative, financial, and technical aspects of the
49      development, operation, and regulation of transportation systems
50      and facilities or comparable systems and facilities.

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        HB 395                                                                                                2020




51               (c)     The secretary shall provide to the Florida
52      Transportation Commission or its staff, such assistance,
53      information, and documents as are requested by the commission or
54      its staff to enable the commission to fulfill its duties and
55      responsibilities.
56               (d)     The secretary may appoint up to three assistant
57      secretaries who shall be directly responsible to the secretary
58      and who shall perform such duties as are assigned by the
59      secretary. The secretary shall designate to an assistant
60      secretary the duties related to enhancing economic prosperity,
61      including, but not limited to, the responsibility of liaison
62      with the head of economic development in the Executive Office of
63      the Governor. Such assistant secretary shall be directly
64      responsible for providing the Executive Office of the Governor
65      with investment opportunities and transportation projects that
66      expand the state's role as a global hub for trade and investment
67      and enhance the supply chain system in the state to process,
68      assemble, and ship goods to markets throughout the eastern
69      United States, Canada, the Caribbean, and Latin America. The
70      secretary may delegate to any assistant secretary the authority
71      to act in the absence of the secretary.
72               (a)(e)      The Any secretary appointed after July 5, 1989, and
73      the assistant secretaries are shall be exempt from the
74      provisions of part III of chapter 110 and shall receive
75      compensation commensurate with their qualifications and

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         HB 395                                                                                                2020




76       competitive with compensation for comparable responsibility in
77       other public sector organizations and in the private sector.
78                (b)     Upon this act becoming a law, the Florida
79       Transportation Commission shall establish and adjust the salary
80       of the secretary according to a market analysis focused on
81       comparably skilled individuals in other public sector
82       organizations, including, but not limited to, expressway
83       authorities, aviation authorities, and port authorities, and on
84       comparably skilled individuals in the private sector. The market
85       analysis shall serve as a basis for ascertaining compensation
86       levels required to retain the secretary in the position within
87       the department and to attract external individuals whose talents
88       can fulfill the department's mission and effect change. Such
89       market analysis shall be updated before the appointment of a new
90       secretary. The salary of the secretary shall be a minimum of
91       $180,000 per year.
92                Section 2.        Paragraph (b) of subsection (1) of section
93       119.071, Florida Statutes, is amended to read:
94                119.071       General exemptions from inspection or copying of
95       public records.—
96                (1)     AGENCY ADMINISTRATION.—
97                (b)1.       For purposes of this paragraph, "competitive
98       solicitation" means the process of requesting and receiving
99       sealed bids, proposals, or replies in accordance with the terms
100      of a competitive process, regardless of the method of

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         HB 395                                                                                                2020




101      procurement.
102               2.      Sealed bids, proposals, or replies received by an
103      agency pursuant to a competitive solicitation are exempt from s.
104      119.07(1) and s. 24(a), Art. I of the State Constitution until
105      such time as the agency provides notice of an intended decision
106      or until 30 days, or 90 days for a competitive solicitation
107      under s. 337.11, after opening the bids, proposals, or final
108      replies, whichever is earlier.
109               3.      If an agency rejects all bids, proposals, or replies
110      submitted in response to a competitive solicitation and the
111      agency concurrently provides notice of its intent to reissue the
112      competitive solicitation, the rejected bids, proposals, or
113      replies remain exempt from s. 119.07(1) and s. 24(a), Art. I of
114      the State Constitution until such time as the agency provides
115      notice of an intended decision concerning the reissued
116      competitive solicitation or until the agency withdraws the
117      reissued competitive solicitation. A bid, proposal, or reply is
118      not exempt for longer than 12 months after the initial agency
119      notice rejecting all bids, proposals, or replies.
120               Section 3.        Subsections (2) and (7) of section 316.2397,
121      Florida Statutes, are amended to read:
122               316.2397         Certain lights prohibited; exceptions.—
123               (2)      It is expressly prohibited for any vehicle or
124      equipment, except police vehicles, to show or display blue
125      lights, except that:

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126               (a)     Police vehicles may show or display blue lights.
127               (b)     However, Vehicles owned, operated, or leased by the
128      Department of Corrections or any county correctional agency may
129      show or display blue lights when responding to emergencies.
130               (c)     Construction vehicles within a work zone on roadways
131      with a posted speed limit of 55 miles per hour or more may show
132      or display flashing blue lights in conjunction with paving
133      operations or where a hazard exists.
134               (d)     Portable radar speed display units in advance of a
135      work zone on roadways with a posted speed limit of 55 miles per
136      hour or more may show or display flashing red and blue lights
137      when workers are present.
138               (7)     Flashing lights are prohibited on vehicles except:
139               (a)     As a means of indicating a right or left turn, to
140      change lanes, or to indicate that the vehicle is lawfully
141      stopped or disabled upon the highway;
142               (b)     When a motorist intermittently flashes his or her
143      vehicle's headlamps at an oncoming vehicle notwithstanding the
144      motorist's intent for doing so;
145               (c)     During periods of extreme low visibility on roadways
146      with a posted speed limit of 55 miles per hour or more; and
147               (d)(c)      For the lamps authorized under subsections (1),
148      (2), (3), (4), (5), and (9), s. 316.2065, or s. 316.235(6) which
149      may flash.
150               Section 4.        Subsection (1) of section 337.14, Florida

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         HB 395                                                                                                2020




151      Statutes, is amended to read:
152               337.14      Application for qualification; certificate of
153      qualification; restrictions; request for hearing.—
154               (1)     Any contractor desiring to bid for the performance of
155      any construction contract in excess of $250,000 which the
156      department proposes to let must first be certified by the
157      department as qualified pursuant to this section and rules of
158      the department. The rules of the department must address the
159      qualification of contractors to bid on construction contracts in
160      excess of $250,000 and must include requirements with respect to
161      the equipment, past record, experience, financial resources, and
162      organizational personnel of the applying contractor which are
163      necessary to perform the specific class of work for which the
164      contractor seeks certification. Any contractor who desires to
165      bid on contracts in excess of $50 million and is not qualified
166      and in good standing with the department as of January 1, 2019,
167      must first be certified by the department as qualified and
168      desires to bid on contracts in excess of $50 million must have
169      satisfactorily completed two projects, each in excess of $15
170      million, for the department or for any other state department of
171      transportation. The department may limit the dollar amount of
172      any contract upon which a contractor is qualified to bid or the
173      aggregate total dollar volume of contracts such contractor is
174      allowed to have under contract at any one time. Each applying
175      contractor seeking qualification to bid on construction

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         HB 395                                                                                                2020




176      contracts in excess of $250,000 shall furnish the department a
177      statement under oath, on such forms as the department may
178      prescribe, setting forth detailed information as required on the
179      application. Each application for certification must be
180      accompanied by audited, certified financial statements prepared
181      in accordance with United States generally accepted accounting
182      principles and United States generally accepted auditing
183      standards by a certified public accountant licensed by this
184      state or another state the latest annual financial statement of
185      the applying contractor completed within the last 12 months. The
186      audited, certified financial statements must be for the applying
187      contractor specifically and must have been prepared within the
188      immediately preceding 12 months. The department may not consider
189      any financial information relating to the parent entity of the
190      applying contractor, if any. The department shall not certify as
191      qualified any applying contractor that fails to submit the
192      audited, certified financial statements required by this
193      subsection. If the application or the annual financial statement
194      shows the financial condition of the applying contractor more
195      than 4 months before prior to the date on which the application
196      is received by the department, the applying contractor must also
197      submit interim audited, certified financial statements prepared
198      in accordance with United States generally accepted accounting
199      principles and United States generally accepted auditing
200      standards by a certified public accountant licensed by this

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201      state or another state an interim financial statement and an
202      updated application must be submitted. The interim financial
203      statements statement must cover the period from the end date of
204      the annual statement and must show the financial condition of
205      the applying contractor no more than 4 months before prior to
206      the date that the interim financial statements are statement is
207      received by the department. However, upon the request of the
208      applying contractor, an application and accompanying annual or
209      interim financial statements statement received by the
210      department within 15 days after either 4-month period under this
211      subsection shall be considered timely. Each required annual or
212      interim financial statement must be audited and accompanied by
213      the opinion of a certified public accountant. An applying
214      contractor desiring to bid exclusively for the performance of
215      construction contracts with proposed budget estimates of less
216      than $1 million may submit reviewed annual or reviewed interim
217      financial statements prepared by a certified public accountant.
218      The information required by this subsection is confidential and
219      exempt from s. 119.07(1). The department shall act upon the
220      application for qualification within 30 days after the
221      department determines that the application is complete. The
222      department may waive the requirements of this subsection for
223      projects having a contract price of $500,000 or less if the
224      department determines that the project is of a noncritical
225      nature and the waiver will not endanger public health, safety,

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         HB 395                                                                                                2020




226      or property.
227               Section 5.        Subsection (2) of section 337.195, Florida
228      Statutes, is amended to read:
229               337.195      Limits on liability.—
230               (2)     In all cases involving personal injury, property
231      damage, or death, a contractor who constructs, maintains, or
232      repairs a highway, road, street, bridge, or other transportation
233      facility for the Department of Transportation is not liable to a
234      claimant for personal injury, property damage, or death arising
235      from the performance of the construction, maintenance, or repair
236      if, at the time of the personal injury, property damage, or
237      death, the contractor was in compliance with contract documents
238      material to the condition that was the proximate cause of the
239      personal injury, property damage, or death.
240               (a)     The limitation on liability contained in this
241      subsection applies when the contractor is deemed in compliance
242      with the contract and the Department of Transportation
243      Contractor's Past Performance Rating (CPPR) indicates
244      conformance with the contract documents at the time of the
245      personal injury, property damage, or death.
246               (b)(a)      The limitation on liability contained in this
247      subsection does not apply when the proximate cause of the
248      personal injury, property damage, or death is a latent
249      condition, defect, error, or omission that was created by the
250      contractor and not a defect, error, or omission in the contract

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         HB 395                                                                                                2020




251      documents; or when the proximate cause of the personal injury,
252      property damage, or death was the contractor's failure to
253      perform, update, or comply with the maintenance of the traffic
254      safety plan as required by the contract documents.
255               (c)(b)      Nothing in This subsection does not relieve shall
256      be interpreted or construed as relieving the contractor of any
257      obligation to provide the Department of Transportation with
258      written notice of any apparent error or omission in the contract
259      documents.
260               (d)(c)      Nothing in This subsection does not shall be
261      interpreted or construed to alter or affect any claim of the
262      Department of Transportation against such contractor.
263               (e)(d)      This subsection does not affect any claim of any
264      entity against such contractor, which claim is associated with
265      such entity's facilities on or in Department of Transportation
266      roads or other transportation facilities.
267               Section 6.        Paragraph (b) of subsection (1) of section
268      338.155, Florida Statutes, is amended to read:
269               338.155      Payment of toll on toll facilities required;
270      exemptions.—
271               (1)
272               (b)     The Governor secretary or the secretary's designee may
273      suspend the payment of tolls on a toll facility when necessary
274      to assist in emergency evacuation. Such tolls shall
275      automatically be reinstated when the county in which such tolls

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         HB 395                                                                                                2020




276      are collected resumes a Level 3 activation of the State
277      Emergency Operations Center. The Governor may override the
278      automatic reinstatement in extraordinary circumstances.
279               Section 7.        This act shall take effect July 1, 2020.




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                                                   Bill No. HB 395   (2020)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:    Transportation &
2      Infrastructure Subcommittee
3      Representative Andrade offered the following:
4
5           Amendment (with title amendment)
6           Remove everything after the enacting clause and insert:
7           Section 1.   Subsection (2) and paragraph (b) of subsection
8      (55) of section 316.003, Florida Statutes, are amended to read:
9           316.003    Definitions.—The following words and phrases, when
10     used in this chapter, shall have the meanings respectively
11     ascribed to them in this section, except where the context
12     otherwise requires:
13          (2)    AUTOCYCLE.—A three-wheeled motorcycle that has two
14     wheels in the front and one wheel in the back; is equipped with
15     a roll cage or roll hoops, a seat belt for each occupant,
16     antilock brakes meeting Federal Motor Vehicle Safety Standard
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17     No. 112, a steering mechanism wheel, and seating that does not
18     require the operator to straddle or sit astride it; and is
19     manufactured in accordance with the applicable federal
20     motorcycle safety standards in 49 C.F.R. part 571 by a
21     manufacturer registered with the National Highway Traffic Safety
22     Administration.
23          (55)    PERSONAL DELIVERY DEVICE.—An electrically powered
24     device that:
25          (b)    Weighs less than 150 80 pounds, excluding cargo;
26
27     A personal delivery device is not considered a vehicle unless
28     expressly defined by law as a vehicle. A mobile carrier is not
29     considered a personal delivery device.
30          Section 2.    Subsections (2) and (7) of section 316.2397,
31     Florida Statutes, are amended to read:
32          316.2397     Certain lights prohibited; exceptions.—
33          (2)    It is expressly prohibited for any vehicle or
34     equipment, except police vehicles, to show or display blue
35     lights, except that:
36          (a)    Police vehicles may show or display blue lights.
37          (b)    However, Vehicles owned, operated, or leased by the
38     Department of Corrections or any county correctional agency may
39     show or display blue lights when responding to emergencies.
40          (c)    Portable radar speed display units in advance of a
41     work zone area on roadways with a posted speed limit of 55 miles
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42     per hour or more may show or display flashing red and blue
43     lights when workers are present.
44          (7)   Flashing lights are prohibited on vehicles except:
45          (a)   As a means of indicating a right or left turn, to
46     change lanes, or to indicate that the vehicle is lawfully
47     stopped or disabled upon the highway;
48          (b)   When a motorist intermittently flashes his or her
49     vehicle's headlamps at an oncoming vehicle notwithstanding the
50     motorist's intent for doing so;
51          (c)   During periods of extreme low visibility on roadways
52     with a posted speed limit of 55 miles per hour or more; and
53          (d)(c)    For the lamps authorized under subsections (1),
54     (2), (3), (4), (5), and (9), s. 316.2065, or s. 316.235(6) which
55     may flash.
56          Section 3.    Subsection (4) of section 316.520, Florida
57     Statutes, is amended to read:
58          316.520     Loads on vehicles.—
59          (4)   The provision of subsection (2) requiring covering and
60     securing the load with a close-fitting tarpaulin or other
61     appropriate cover does not apply to vehicles carrying
62     agricultural products locally from a harvest site or to or from
63     a farm on roads where the posted speed limit is 65 miles per
64     hour or less and the distance driven on public roads is less
65     than 20 miles.
66          Section 4.    Paragraph (c) is added to subsection (4) of
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67     section 322.12, Florida Statutes, to read:
68          322.12   Examination of applicants.—
69          (4)   The examination for an applicant for a commercial
70     driver license shall include a test of the applicant's eyesight
71     given by a driver license examiner designated by the department
72     or by a licensed ophthalmologist, optometrist, or physician and
73     a test of the applicant's hearing given by a driver license
74     examiner or a licensed physician. The examination shall also
75     include a test of the applicant's ability to read and understand
76     highway signs regulating, warning, and directing traffic; his or
77     her knowledge of the traffic laws of this state pertaining to
78     the class of motor vehicle which he or she is applying to be
79     licensed to operate, including laws regulating driving under the
80     influence of alcohol or controlled substances, driving with an
81     unlawful blood-alcohol level, and driving while intoxicated; his
82     or her knowledge of the effects of alcohol and controlled
83     substances and the dangers of driving a motor vehicle after
84     having consumed alcohol or controlled substances; and his or her
85     knowledge of any special skills, requirements, or precautions
86     necessary for the safe operation of the class of vehicle which
87     he or she is applying to be licensed to operate. In addition,
88     the examination shall include an actual demonstration of the
89     applicant's ability to exercise ordinary and reasonable control
90     in the safe operation of a motor vehicle or combination of
91     vehicles of the type covered by the license classification which
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92      the applicant is seeking, including an examination of the
93      applicant's ability to perform an inspection of his or her
94      vehicle.
95           (c)   Notwithstanding any provision of law to the contrary,
96      the department may waive skill test requirements for a
97      commercial driver license contained in this subsection for
98      persons with military commercial motor vehicle experience who
99      qualify under 49 C.F.R. 383.77, while on active duty or within
100     one year of honorable discharge from military service.
101          Section 5.   Section 324.031, Florida Statutes, is amended
102     to read:
103          324.031    Manner of proving financial responsibility.—The
104     owner or operator of a taxicab, limousine, jitney, or any other
105     for-hire passenger transportation vehicle may prove financial
106     responsibility by providing satisfactory evidence of holding a
107     motor vehicle liability policy as defined in s. 324.021(8) or s.
108     324.151, which policy is provided by an insurer authorized to do
109     business in this state issued by an insurance carrier which is a
110     member of the Florida Insurance Guaranty Association or an
111     eligible non-admitted insurer that has a superior, excellent,
112     exceptional, or equivalent financial strength rating by a rating
113     agency acceptable to the Office of Insurance Regulation of the
114     Financial Services Commission. The operator or owner of any
115     other vehicle may prove his or her financial responsibility by:


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                                                    Bill No. HB 395    (2020)
        Amendment No.


116          (1)   Furnishing satisfactory evidence of holding a motor
117     vehicle liability policy as defined in ss. 324.021(8) and
118     324.151;
119          (2)   Furnishing a certificate of self-insurance showing a
120     deposit of cash in accordance with s. 324.161; or
121          (3)   Furnishing a certificate of self-insurance issued by
122     the department in accordance with s. 324.171.
123
124     Any person, including any firm, partnership, association,
125     corporation, or other person, other than a natural person,
126     electing to use the method of proof specified in subsection (2)
127     shall furnish a certificate of deposit equal to the number of
128     vehicles owned times $30,000, to a maximum of $120,000; in
129     addition, any such person, other than a natural person, shall
130     maintain insurance providing coverage in excess of limits of
131     $10,000/20,000/10,000 or $30,000 combined single limits, and
132     such excess insurance shall provide minimum limits of
133     $125,000/250,000/50,000 or $300,000 combined single limits.
134     These increased limits shall not affect the requirements for
135     proving financial responsibility under s. 324.032(1).
136          Section 6.   Subsection (2) of section 324.032, Florida
137     Statutes, is amended to read:
138          324.032    Manner of proving financial responsibility; for-
139     hire passenger transportation vehicles.—Notwithstanding the
140     provisions of s. 324.031:
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                                                    Bill No. HB 395   (2020)
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141          (2)   An owner or a lessee who is required to maintain
142     insurance under s. 324.021(9)(b) and who operates at least 150
143     300 taxicabs, limousines, jitneys, or any other for-hire
144     passenger transportation vehicles may provide financial
145     responsibility by complying with the provisions of s. 324.171,
146     such compliance to be demonstrated by maintaining at its
147     principal place of business an audited financial statement,
148     prepared in accordance with generally accepted accounting
149     principles, and providing to the department a certification
150     issued by a certified public accountant that the applicant's net
151     worth is at least equal to the requirements of s. 324.171 as
152     determined by the Office of Insurance Regulation of the
153     Financial Services Commission, including claims liabilities in
154     an amount certified as adequate by a Fellow of the Casualty
155     Actuarial Society.
156
157     Upon request by the department, the applicant must provide the
158     department at the applicant's principal place of business in
159     this state access to the applicant's underlying financial
160     information and financial statements that provide the basis of
161     the certified public accountant's certification. The applicant
162     shall reimburse the requesting department for all reasonable
163     costs incurred by it in reviewing the supporting information.
164     The maximum amount of self-insurance permissible under this
165     subsection is $300,000 and must be stated on a per-occurrence
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166     basis, and the applicant shall maintain adequate excess
167     insurance issued by an authorized or eligible insurer licensed
168     or approved by the Office of Insurance Regulation. All risks
169     self-insured shall remain with the owner or lessee providing it,
170     and the risks are not transferable to any other person, unless a
171     policy complying with subsection (1) is obtained.
172          Section 7.    Subsection (1) of section 327.59, Florida
173     Statutes, is amended and subsection (5) is added to that section
174     to read:
175          327.59    Marina evacuations.—
176          (1)    Except as provided in this section After June 1, 1994,
177     marinas may not adopt, maintain, or enforce policies pertaining
178     to evacuation of vessels which require vessels to be removed
179     from marinas following the issuance of a hurricane watch or
180     warning, in order to ensure that protecting the lives and safety
181     of vessel owners is placed before interests of protecting
182     property.
183          (5)    Upon the issuance of a hurricane watch affecting the
184     waters of marinas located in a deepwater seaport, vessels under
185     500 gross tons may not remain in the waters of such marinas that
186     have been deemed not suitable for refuge during a hurricane.
187     Vessel owners shall promptly remove their vessels from the
188     waterways upon issuance of an evacuation order by the deepwater
189     seaport. In the event U.S. Coast Guard Captain of the Port sets
190     the deepwater seaport condition to Yankee and a vessel owner has
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191     failed to remove a vessel from the waterway, the marina owner,
192     operator, employee or agent, regardless of existing contractual
193     provisions between the marina owner and vessel owner, shall
194     remove the vessel, or cause it to be removed, if reasonable,
195     from its slip and may charge the vessel owner a reasonable fee
196     for any such services rendered. A marina owner, operator,
197     employee or agent shall not be held liable for any damage
198     incurred to a vessel from hurricanes and is held harmless as a
199     result of such actions to remove the vessel from the waterways.
200     Nothing in this section, may be construed to provide immunity to
201     a marina owner, operator, employee or agent for any damage
202     caused by intentional acts or negligence when removing a vessels
203     as permitted under this section. After the hurricane watch has
204     been issued, the owner or operator of any vessel that has not
205     been removed from the waterway of the marina, pursuant to an
206     order from the deepwater seaport, may be subject to the
207     penalties under s. 313.22(3).
208          Section 8.   Subsection (1) of section 337.14, Florida
209     Statutes, is amended to read:
210          337.14   Application for qualification; certificate of
211     qualification; restrictions; request for hearing.—
212          (1)   Any contractor desiring to bid for the performance of
213     any construction contract in excess of $250,000 which the
214     department proposes to let must first be certified by the
215     department as qualified pursuant to this section and rules of
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216     the department. The rules of the department must address the
217     qualification of contractors to bid on construction contracts in
218     excess of $250,000 and must include requirements with respect to
219     the equipment, past record, experience, financial resources, and
220     organizational personnel of the applying contractor which are
221     necessary to perform the specific class of work for which the
222     contractor seeks certification. Any contractor who desires to
223     bid on contracts in excess of $50 million and is not qualified
224     and in good standing with the department as of January 1, 2019,
225     must first be certified by the department as qualified and
226     desires to bid on contracts in excess of $50 million must have
227     satisfactorily completed two projects, each in excess of $15
228     million, for the department or for any other state department of
229     transportation. The department may limit the dollar amount of
230     any contract upon which a contractor is qualified to bid or the
231     aggregate total dollar volume of contracts such contractor is
232     allowed to have under contract at any one time. Each applying
233     contractor seeking qualification to bid on construction
234     contracts in excess of $250,000 shall furnish the department a
235     statement under oath, on such forms as the department may
236     prescribe, setting forth detailed information as required on the
237     application. Each application for certification must be
238     accompanied by audited financial statements prepared in
239     accordance with United States generally accepted accounting
240     principles and United States generally accepted auditing
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241     standards by a certified public accountant licensed by this
242     state or another state the latest annual financial statement of
243     the applying contractor completed within the last 12 months. The
244     audited financial statements must be for the applying contractor
245     specifically and must have been prepared within the immediately
246     preceding 12 months. The department may not consider any
247     financial information relating to the parent entity of the
248     applying contractor, if any. The department shall not certify as
249     qualified any applying contractor that fails to submit the
250     audited financial statements required by this subsection. If the
251     application or the annual financial statement shows the
252     financial condition of the applying contractor more than 4
253     months before prior to the date on which the application is
254     received by the department, the applying contractor must also
255     submit interim audited financial statements prepared in
256     accordance with United States generally accepted accounting
257     principles and United States generally accepted auditing
258     standards by a certified public accountant licensed by this
259     state or another state an interim financial statement and an
260     updated application must be submitted. The interim financial
261     statements statement must cover the period from the end date of
262     the annual statement and must show the financial condition of
263     the applying contractor no more than 4 months before prior to
264     the date that the interim financial statements are statement is
265     received by the department. However, upon the request of the
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266     applying contractor, an application and accompanying annual or
267     interim financial statements statement received by the
268     department within 15 days after either 4-month period under this
269     subsection shall be considered timely. Each required annual or
270     interim financial statement must be audited and accompanied by
271     the opinion of a certified public accountant. An applying
272     contractor desiring to bid exclusively for the performance of
273     construction contracts with proposed budget estimates of less
274     than $1 million may submit reviewed annual or reviewed interim
275     financial statements prepared by a certified public accountant.
276     The information required by this subsection is confidential and
277     exempt from s. 119.07(1). The department shall act upon the
278     application for qualification within 30 days after the
279     department determines that the application is complete. The
280     department may waive the requirements of this subsection for
281     projects having a contract price of $500,000 or less if the
282     department determines that the project is of a noncritical
283     nature and the waiver will not endanger public health, safety,
284     or property.
285          Section 9.   Present paragraphs (b), (e) and (g), of
286     subsection (1), subsection (2), paragraph (b) of subsection (7),
287     and paragraph (a) of subsection (15) of Section 627.748, Florida
288     Statutes, are amended and new subsection (15) is added to read:
289          627.748    Transportation network companies.—
290          (1)   DEFINITIONS.—As used in this section, the term:
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291          (b)   "Prearranged ride" means the provision of
292     transportation by a TNC driver to a rider, beginning when a TNC
293     driver accepts a ride requested by a rider through a digital
294     network controlled by a transportation network company,
295     continuing while the TNC driver transports the rider, and ending
296     when the last rider exits from and is no longer occupying the
297     TNC vehicle. The term does not include a taxicab, for-hire
298     vehicle, or street hail service and does not include ridesharing
299     as defined in s. 341.031, carpool as defined in s. 450.28, or
300     any other type of service in which the driver receives a fee
301     that does not exceed the driver's cost to provide the ride.
302          (e)   "Transportation network company" or "TNC" means an
303     entity operating in this state pursuant to this section using a
304     digital network to connect a rider to a TNC driver, who provides
305     prearranged rides. A TNC is not deemed to own, control, operate,
306     direct, or manage the TNC vehicles or TNC drivers that connect
307     to its digital network, except where agreed to by written
308     contract, and is not a taxicab association or for-hire vehicle
309     owner. An individual, corporation, partnership, sole
310     proprietorship, or other entity that arranges medical
311     transportation for individuals qualifying for Medicaid or
312     Medicare pursuant to a contract with the state or a managed care
313     organization is not a TNC. This section does not prohibit a TNC
314     from providing prearranged rides to individuals who qualify for
315     Medicaid or Medicare if it meets the requirements of this
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316     section.
317          (g)    "Transportation network company vehicle" or "TNC
318     vehicle" means a vehicle that is not a taxicab, jitney, or
319     limousine, or for-hire vehicle as defined in s. 320.01(15) and
320     that is:
321          1.    Used by a TNC driver to offer or provide a prearranged
322     ride; and
323          2.    Owned, leased, or otherwise authorized to be used by
324     the TNC driver.
325
326     Notwithstanding any other provision of law, a vehicle that is
327     let or rented to another for consideration may be used as a TNC
328     vehicle.
329          (2)    NOT OTHER CARRIERS.—A TNC or TNC driver is not a
330     common carrier, contract carrier, or motor carrier and does not
331     provide taxicab or for-hire vehicle service. In addition, a TNC
332     driver is not required to register the vehicle that the TNC
333     driver uses to provide prearranged rides as a commercial motor
334     vehicle or a for-hire vehicle.
335          (7)    TRANSPORTATION NETWORK COMPANY AND TNC DRIVER
336     INSURANCE REQUIREMENTS.—
337          (b)    The following automobile insurance requirements apply
338     while a participating TNC driver is logged on to the digital
339     network but is not engaged in a prearranged ride:
340          1.    Automobile insurance that provides:
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341           a.    A primary automobile liability coverage of at least
342     $50,000 for death and bodily injury per person, $100,000 for
343     death and bodily injury per incident, and $25,000 for property
344     damage;
345           b.    Personal injury protection benefits that meet the
346     minimum coverage amounts required under ss. 627.730-627.7405;
347     and
348           c.    Uninsured and underinsured vehicle coverage as required
349     by s. 627.727.
350           2.    The coverage requirements of this paragraph may be
351     satisfied by any of the following:
352           a.    Automobile insurance maintained by the TNC driver or
353     the TNC vehicle owner;
354           b.    Automobile insurance maintained by the TNC; or
355           c.    A combination of sub-subparagraphs a. and b.
356           (c)    The following automobile insurance requirements apply
357     while a TNC driver is engaged in a prearranged ride:
358           1.    Automobile insurance that provides:
359           a.    A primary automobile liability coverage of at least $1
360     million for death, bodily injury, and property damage;
361           b.    Personal injury protection benefits that meet the
362     minimum coverage amounts required of a limousine under ss.
363     627.730-627.7405; and
364           c.    Uninsured and underinsured vehicle coverage as required
365     by s. 627.727.
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366          2.     The coverage requirements of this paragraph may be
367     satisfied by any of the following:
368          a.     Automobile insurance maintained by the TNC driver or
369     the TNC vehicle owner;
370          b.     Automobile insurance maintained by the TNC; or
371          c.     A combination of sub-subparagraphs a. and b.
372          (15)     DISABILITY ACCESSIBLE TRANSPORTATION NETWORK
373     COMPANIES.-
374          (a)     As used in this subsection, the terms:
375          1.     "Disability accessible transportation network company"
376     or "disability accessible TNC" means a company that:
377          a.     Meets the requirements of paragraph (b); and
378          b.     Notwithstanding other provisions of this section, uses
379     a digital network to connect riders to drivers who operate
380     disability accessible vehicles.
381          2.     "Disability accessible vehicle" means a for-hire
382     vehicle as defined in s. 320.01(15), which meets or exceeds the
383     requirements of the Americans with Disabilities Act.
384          (b)     An entity may elect, upon written notification to the
385     department, to be regulated as a disability accessible TNC. A
386     disability accessible TNC must:
387          1.     Comply with all of the requirements of this section
388     applicable to a TNC, including subsection (16), that do not
389     conflict with subparagraph 2., or that prohibit the company from
390     connecting riders to drivers who operate for-hire vehicles as
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391     defined in s. 320.01(15), including disability accessible
392     vehicles.
393          2.    Maintain insurance coverage required in this section
394     when the disability accessible TNC driver is logged on to a
395     digital network or while the disability accessible TNC driver is
396     engaged in a prearranged ride. However, a prospective disability
397     accessible TNC that satisfies minimum financial responsibility
398     at the time of written notification to the department through
399     compliance with s. 324.032(2) by using self-insurance may
400     continue to use self-insurance to satisfy the requirements of
401     this subparagraph.
402          (16)(15)   PREEMPTION.—
403          (a)    It is the intent of the Legislature to provide for
404     uniformity of laws governing TNCs, TNC drivers, and TNC
405     vehicles, and disability accessible TNCs, disability accessible
406     TNC drivers, and disability accessible TNC vehicles throughout
407     the state. TNCs, TNC drivers, and TNC vehicles, disability
408     accessible TNCs, disability accessible TNC drivers, and
409     disability accessible TNC vehicles are governed exclusively by
410     state law, including in any locality or other jurisdiction that
411     enacted a law or created rules governing TNCs, TNC drivers, or
412     TNC vehicles, disability accessible TNCs, disability accessible
413     TNC drivers, and disability accessible TNC vehicles before July
414     1, 2017. A county, municipality, special district, airport
415     authority, port authority, or other local governmental entity or
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416     subdivision may not:
417          1.   Impose a tax on, or require a license for, a TNC, a TNC
418     driver, or a TNC vehicle, disability accessible TNCs, disability
419     accessible TNC drivers, or disability accessible TNC vehicles if
420     such tax or license relates to providing prearranged rides;
421          2.   Subject a TNC, a TNC driver, or a TNC vehicle,
422     disability accessible TNCs, disability accessible TNC drivers,
423     or disability accessible TNC vehicles to any rate, entry,
424     operation, or other requirement of the county, municipality,
425     special district, airport authority, port authority, or other
426     local governmental entity or subdivision; or
427          3.   Require a TNC or a TNC driver, a disability accessible
428     TNC, or a disability accessible TNC driver to obtain a business
429     license or any other type of similar authorization to operate
430     within the local governmental entity's jurisdiction.
431          Section 10.   This act shall take effect July 1, 2020.
432
433
434           -----------------------------------------------------
435                        T I T L E   A M E N D M E N T
436          Remove everything before the enacting clause and insert:
437     An act relating to transportation; amending s. 316.003, F.S.;
438     revising definitions; amending s. 316.2397, F.S.; authorizing
439     certain vehicles to show or display certain lights under certain
440     circumstances; amending s. 316.520, F.S.; removing the distance
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441     limit of specified vehicles not being required to secure
442     agricultural products; amending s. 322.12, F.S.; authorizing the
443     Department of Highway Safety and Motor Vehicles to waive
444     commercial motor vehicle testing requirements for specified
445     persons if certain conditions are met; amending ss. 324.031 and
446     324.032, F.S.; revising the manner of providing financial
447     responsibility for owners, operators, or lessees of certain for-
448     hire passenger transportation vehicles; amending s. 327.59,
449     F.S.; prohibiting vessels under a specified weight from
450     remaining in certain marinas that have deemed unsuitable for
451     refuge during a hurricane; authorizes removal of specified
452     vessels under certain circumstances; provides limits of
453     liability; provides for certain immunities; providing for
454     penalties; amending s. 337.14, F.S.; requiring certain
455     contractors to be certified by the department as qualified;
456     revising the financial statements required to accompany an
457     application for certification; prohibiting the department from
458     considering certain financial information; requiring the
459     contractor to submit interim financial statements under certain
460     circumstances; providing requirements for such statements;
461     amending s. 627.748, F.S.; revising and providing definitions;
462     deleting for-hire vehicles from the list of vehicles not
463     considered TNC carriers; revising automobile insurance
464     requirements for TNCs and TNC drivers; authorizing entities to
465     be regulated as disability accessible TNCS; providing
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466     requirements; providing that disability accessible TNCs,
467     disability accessible TNC drivers, and disability accessible TNC
468     vehicles are governed by state law; providing an effective date.




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HB 787
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 787 Driver Licenses
SPONSOR(S): Tomkow
TIED BILLS: HB 789     IDEN./SIM. BILLS:                           SB 1692

    REFERENCE                                                         ACTION                 ANALYST              STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Transportation & Infrastructure Subcommittee                                          Roth                 Vickers

    2) Transportation & Tourism Appropriations
       Subcommittee

    3) State Affairs Committee

                                                        SUMMARY ANALYSIS
Upon request by a person diagnosed with a developmental disability, or by a parent or guardian of a child or
ward who has a developmental disability, the Department of Highway Safety and Motor Vehicles (DHSMV)
must issue an identification card exhibiting a capital “D” after payment of an additional $1 fee and proof of a
developmental disability diagnosis. The $1 fee must be deposited into the Agency for Persons with Disabilities
Operations and Maintenance Trust Fund.

The bill authorizes an optional “D” designation on the driver license of a person who has been diagnosed with
a developmental disability. The licensee, or his or her parent or legal guardian, must present DHSMV with
sufficient proof that a licensed physician has diagnosed the licensee with a developmental disability.
Additionally, a licensee, or his or her parent or legal guardian, may surrender his or her current driver license at
any time to receive a replacement license with a “D” designation.

House Bill 789 (2020), which this bill is linked to, provides for the payment of an additional $1 fee for a new or
renewed driver license with a “D” designation on it or a payment of a $2 fee upon the surrender and
replacement of a current driver license with a “D” designation on it. Both fees are to be deposited into the
Highway Safety Operating Trust Fund.

The bill will likely have a negative fiscal impact to DHSMV associated with programming costs. See Fiscal
Analysis for additional details.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0787.TIS
DATE: 1/24/2020
                                                     FULL ANALYSIS

                                              I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation

        The term “developmental disability” is defined as, a disorder or syndrome that is attributable to
        intellectual disability, cerebral palsy, autism, spina bifida, Down syndrome, Phelan-McDermid
        syndrome, or Prader-Willi syndrome; that manifests before the age of 18; and that constitutes a
        substantial handicap that can reasonably be expected to continue indefinitely.1

        Any person who is 5 years of age or older, or any person who has a disability and who applies for a
        disabled parking permit (regardless of age), may be issued an identification card by the Department of
        Highway Safety and Motor Vehicles (DHSMV) upon completion of an application and payment of an
        application fee.2 Upon request by a person diagnosed with a developmental disability, or by a parent or
        guardian of a child or ward who has a developmental disability, DHSMV must issue an identification
        card exhibiting a capital “D” after payment of an additional $1 fee and proof of a developmental
        disability diagnosis. The $1 fee must be deposited into the Agency for Persons with Disabilities
        Operations and Maintenance Trust Fund.3 As of January 2020, DHSMV had issued 1,295 identification
        cards with the “D” designation.4

        Upon successful completion of all required examinations and payment of the required fee, DHSMV
        must issue to every qualified applicant a driver license.5 Each driver license must exhibit the class of
        vehicle the licensee is authorized to operate as well as any applicable endorsements (such as a
        motorcycle endorsement) or restrictions (such as corrective lenses).6 There are also optional
        designations that can be exhibited on a driver license. The international symbol for the deaf and hard of
        hearing is an optional designation that can be exhibited on the driver license of a person who is deaf or
        hard of hearing. At the time of receiving a new or renewed driver license, the licensee will pay an
        additional $1 and provide sufficient proof to DHSMV that he or she is deaf or hard of hearing.
        Otherwise, upon the surrender of his or her driver license, a licensee may have the symbol added to his
        or her license for $2. Both fees will be deposited into the Highway Safety Operating Trust Fund.7

        Other optional designations that can be exhibited on a driver license are the word “Veteran”,8 and
        symbols representing lifetime freshwater fishing, saltwater fishing, hunting, and sportsman’s licenses as
        well as a lifetime boater safety identification card.9

        Effect of Proposed Changes

        The bill authorizes an optional “D” designation on the driver license of a person who has been
        diagnosed with a developmental disability. The licensee, or his or her parent or legal guardian, must
        present DHSMV with sufficient proof that a licensed physician has diagnosed the licensee with a
        qualifying developmental disability. Additionally, a licensee, or his or her parent or legal guardian, may
        surrender his or her current driver license at any time to receive a replacement license with a “D”
        designation.



1
  Section 393.063, F.S.
2
  Section 322.051(1), F.S.
3
  Section 322.051(8)(e)1., F.S.
4
  Email from Kevin Jacobs, Deputy Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, RE: HB 787,
(January 16, 2020).
5
  Section 322.14(1)(a), F.S.
6
  Section 324.14(1)(b), F.S.
7
  Section 324.14(1)(c), F.S.
8
  Section 324.14(1)(d), F.S.
9
  Section 324.14(1)(e), F.S.
STORAGE NAME: h0787.TIS                                                                                                 PAGE: 2
DATE: 1/24/2020
        The bill could benefit law enforcement agencies by providing notification to officers that a person has a
        developmental disability. This knowledge could be helpful in the de-escalation of some scenarios
        involving law enforcement officers and individuals with developmental disabilities.

        House Bill 789 (2020), which this bill is linked to, provides for the payment of an additional $1 fee for a
        new or renewed driver license with a “D” designation on it or a payment of a $2 fee upon the surrender
        and replacement of a current driver license with a “D” designation on it. Both fees are to be deposited
        into the Highway Safety Operating Trust Fund.

     B. SECTION DIRECTORY:
        Section 1: Amends s.322.14, F.S., relating to licenses issued to drivers.

        Section 2: Provides an effective date of July 1, 2020.


                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            The linked bill, HB 789, authorizes DHSMV to charge a $1 or $2 fee for a “D” designation on a
            driver license. DHSMV will likely have an insignificant, but positive, fiscal impact to the Highway
            Safety Operating Trust Fund associated with the additional $1 or $2 collected for the developmental
            disability designation on driver licenses.10

        2. Expenditures:
            DHSMV estimates that the bill will have an indeterminate, significant negative impact to both the
            department’s operational resources and to the resources dedicated to Motorist Modernization
            Phase 1. Programming will be required in the Florida Driver License Information System to add the
            “D” designation to driver licenses and fee code changes to collect the $1 or $2 fee.11

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            The linked bill, HB 789, authorizes DHSMV to charge a $1 or $2 fee for a “D” designation on a
            driver license. Pursuant to s. 322.135(1)(c), F.S., tax collectors are required to charge a service fee
            of $6.25 per driver license service request per customer. This will have a positive but likely
            insignificant impact to the tax collectors.12

        2. Expenditures:
            The bill does not appear to impact local government expenditures.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        Individuals diagnosed with a developmental disability may opt to pay $1 or $2 for a “D” designation on
        their driver license.

     D. FISCAL COMMENTS:
        None.




10
   Department of Highway Safety and Motor Vehicles, Agency Analysis of House Bill 787 & 789, p. 4 (January 23, 2020).
11
   Id.
12
   Id. at p. 3.
STORAGE NAME: h0787.TIS                                                                                                 PAGE: 3
DATE: 1/24/2020
                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0787.TIS                                                                                    PAGE: 4
DATE: 1/24/2020
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           HB 787                                                                                                2020




    1                                         A bill to be entitled
    2               An act relating to driver licenses; amending s.
    3               322.14, F.S.; authorizing a person with specified
    4               disabilities to have the capital letter "D" placed on
    5               his or her driver license under certain circumstances;
    6               providing requirements for the placement of such
    7               letter on a person's driver license; providing an
    8               effective date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                  Section 1.        Paragraph (f) is added to subsection (1) of
13         section 322.14, Florida Statutes, to read:
14                  322.14       Licenses issued to drivers.—
15                  (1)
16                  (f)1.       The capital letter "D" shall be exhibited on the
17         driver license of a person who has a developmental disability,
18         as defined in s. 393.063, if the person, or his or her parent or
19         legal guardian, presents sufficient proof that the person has
20         been diagnosed with a developmental disability by a physician
21         licensed under chapter 458 as determined by the department.
22                  2.      Until a person's driver license is next renewed, the
23         person, or his or her parent or legal guardian, may have the
24         capital letter "D" added to his or her license upon the
25         surrender of his or her current license and presentation of

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        HB 787                                                                                                2020




26      sufficient proof that the person has been diagnosed with a
27      developmental disability by a physician licensed under chapter
28      458 as determined by the department. If the applicant is not
29      conducting any other transaction affecting the driver license, a
30      replacement license may be issued with the capital letter "D"
31      without payment of the fee required in s. 322.21(1)(e).
32               Section 2.        This act shall take effect July 1, 2020.




                                                      Page 2 of 2

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                                                                                                             hb0787-00
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 787   (2020)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:        Transportation &
2      Infrastructure Subcommittee
3      Representative Tomkow offered the following:
4
5           Amendment (with title amendment)
6           Remove lines 24-32 and insert:
7      capital letter "D" added to or removed from his or her license
8      upon the surrender of his or her current license and
9      presentation of sufficient proof that the person has been
10     diagnosed with a developmental disability by a physician
11     licensed under chapter 458 or chapter 459 as determined by the
12     department. If the applicant is not conducting any other
13     transaction affecting the driver license, a replacement license
14     may be issued with the capital letter "D" without payment of the
15     fee required in s. 322.21(1)(e).
16          Section 2.   This act shall take effect October 1, 2020.
     497043 - h0787-line24.docx
     Published On: 1/27/2020 6:32:59 PM
                                     Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 787   (2020)
       Amendment No.


17           -----------------------------------------------------
18                       T I T L E   A M E N D M E N T
19          Remove lines 5-6 and insert:
20     or removed from his or her driver license under certain
21     circumstances; providing requirements for the placement or
22     removal of such




     497043 - h0787-line24.docx
     Published On: 1/27/2020 6:32:59 PM
                                  Page 2 of 2
HB 789
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 789 Driver License Fees
SPONSOR(S): Tomkow
TIED BILLS: HB 787     IDEN./SIM. BILLS:                           SB 1694

    REFERENCE                                                        ACTION                   ANALYST              STAFF DIRECTOR or
                                                                                                                   BUDGET/POLICY CHIEF

    1) Transportation & Infrastructure Subcommittee                                           Roth                 Vickers

    2) Transportation & Tourism Appropriations
       Subcommittee

    3) State Affairs Committee

                                                         SUMMARY ANALYSIS
Upon request by a person diagnosed with a developmental disability, or by a parent or guardian of a child or
ward who has a developmental disability, the Department of Highway Safety and Motor Vehicles (DHSMV)
must issue an identification card exhibiting a capital “D” after payment of an additional $1 fee and proof of a
developmental disability diagnosis. The $1 fee must be deposited into the Agency for Persons with Disabilities
Operations and Maintenance Trust Fund.

House Bill 787 (2020), which this bill is linked to, authorizes an optional “D” designation on the driver license of
a person who has been diagnosed with a developmental disability.

This bill provides for the payment of an additional $1 fee for a new or renewed driver license with a “D”
designation or a payment of a $2 fee upon the surrender and replacement of a current driver license. Both fees
are to be deposited into the Highway Safety Operating Trust Fund.

The bill will likely have a negative fiscal impact on DHSMV associated with programming costs. See Fiscal
Analysis section for additional details.

This bill authorizes a new state fee, requiring a two-thirds vote of the membership of the House. See
Section III.A.2. of the analysis.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0789.TIS
DATE: 1/24/2020
                                                       FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         The Florida Constitution provides that no state tax or fee may be imposed, authorized, or raised by the
         Legislature except through legislation approved by two-thirds of the membership of each house of the
         Legislature.1 For purposes of this requirement, a “fee” is any charge or payment required by law,
         including any fee or charge for services and fees or costs for licenses and to “raise” a fee or tax means
         to:2
               Increase or authorize an increase in the rate of a state tax or fee imposed on a percentage or
                 per mill basis;
               Increase or authorize an increase in the amount of a state tax or fee imposed on a flat or fixed
                 amount basis; or
               Decrease or eliminate a state tax or fee exemption or credit.

         A bill that imposes, authorizes, or raises any state fee or tax may only contain the fee or tax
         provision(s) and may not contain any other subject.3

         The constitutional provision does not authorize any state tax or fee to be imposed if it is otherwise
         prohibited by the constitution and does not apply to any tax or fee authorized or imposed by a county,
         municipality, school board, or special district.4

         House Bill 787 (2020), which this bill is linked to, authorizes an optional “D” designation on the driver
         license of a person who has been diagnosed with a developmental disability.

         Effect of Proposed Changes

         The bill provides for the payment of an additional $1 fee for a new or renewed driver license with a “D”
         designation or a payment of a $2 fee upon the surrender and replacement of a current driver license.
         Both fees are to be deposited into the Highway Safety Operating Trust Fund.

    B. SECTION DIRECTORY:
        Section 1: Amends s.322.14, F.S., relating to licenses issued to drivers.

        Section 2: Provides that this act shall take effect on the same date that HB 787 or similar legislation
        takes effect, if such legislation is adopted in the same legislative session or an extension thereof and
        becomes law.




                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:


1
  Fla. Const. art. VII, s. 19(a)-(b). The amendment appeared on the 2018 ballot as Amendment 5.
2
  Fla. Const. art. VII, s. 19(d).
3
  Fla. Const. art. VII, s. 19(e).
4
  Fla. Const. art. VII s. 19(c).
STORAGE NAME: h0789.TIS                                                                                       PAGE: 2
DATE: 1/24/2020
        1. Revenues:
            DHSMV will likely have an insignificant, but positive, fiscal impact to the Highway Safety Operating
            Trust Fund associated with the additional $1 or $2 collected for the developmental disability
            designation on driver licenses.5

        2. Expenditures:
            DHSMV estimates that the bill will have an indeterminate, negative impact to both the department’s
            operational resources and to the resources dedicated to Motorist Modernization Phase 1.
            Programming will be required in the Florida Driver License Information System to add the “D”
            designation to driver licenses and fee code changes to collect the $1 or $2 fee.6

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            Pursuant to s. 322.135(1)(c), F.S., tax collectors are required to charge a service fee of $6.25 per
            driver license service request per customer. As a result, the bill will have a positive but insignificant
            impact to tax collectors.7

        2. Expenditures:
            The bill does not appear to impact local government expenditures.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        Individuals diagnosed with a developmental disability may opt to pay $1 or $2 for a “D” designation on
        their driver license.

    D. FISCAL COMMENTS:
        None.


                                                      III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

        1. Applicability of Municipality/County Mandates Provision:
           Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
           action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
           raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
           municipalities.

        2. Other:
           Article VII, s. 19 of the Florida Constitution requires the imposition, authorization, or raising of a state
           tax or fee be contained in a separate bill that contains no other subject and be approved by two-
           thirds of the membership of each house of the Legislature. As such, the bill appears to implicate Art.
           VII, s. 19 of the Florida Constitution because the bill authorizes a $1 or $2 fee for an optional “D”
           designation on a driver license.

    B. RULE-MAKING AUTHORITY:
        The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.


5
  Department of Highway Safety and Motor Vehicles, Agency Analysis of House Bill 787 & 789, p. 4 (January 23, 2020).
6
  Id.
7
  Id. at p. 3.
STORAGE NAME: h0789.TIS                                                                                                PAGE: 3
DATE: 1/24/2020
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0789.TIS                                                  PAGE: 4
DATE: 1/24/2020
F   L      O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 789                                                                                                2020




    1                                         A bill to be entitled
    2               An act relating to driver license fees; amending s.
    3               322.14, F.S.; providing fees for the placement of a
    4               specified letter on the driver license of a person who
    5               has a developmental disability; providing a contingent
    6               effective date.
    7
    8      Be It Enacted by the Legislature of the State of Florida:
    9
10                  Section 1.        Paragraph (f) of subsection (1) of section
11         322.14, Florida Statutes, as created by HB 787, is amended to
12         read:
13                  322.14       Licenses issued to drivers.—
14                  (1)
15                  (f)1.       The capital letter "D" shall be exhibited on the
16         driver license of a person who has a developmental disability,
17         as defined in s. 393.063, upon the payment of an additional $1
18         fee for the license and if the person, or his or her parent or
19         legal guardian, presents sufficient proof that the person has
20         been diagnosed with a developmental disability by a physician
21         licensed under chapter 458 as determined by the department.
22                  2.      Until a person's driver license is next renewed, the
23         person, or his or her parent or legal guardian, may have the
24         capital letter "D" added to his or her license upon the
25         surrender of his or her current license, payment of a $2 fee to

                                                         Page 1 of 2

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        HB 789                                                                                                2020




26      be deposited into the highway safety Operating Trust Fund, and
27      presentation of sufficient proof that the person has been
28      diagnosed with a developmental disability by a physician
29      licensed under chapter 458 as determined by the department. If
30      the applicant is not conducting any other transaction affecting
31      the driver license, a replacement license may be issued with the
32      capital letter "D" without payment of the fee required in s.
33      322.21(1)(e).
34               Section 2.        This act shall take effect on the same date
35      that HB 787 or similar legislation takes effect, if such
36      legislation is adopted in the same legislative session or an
37      extension thereof and becomes a law.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0789-00
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 789   (2020)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:        Transportation &
2      Infrastructure Subcommittee
3      Representative Tomkow offered the following:
4
5           Amendment (with title amendment)
6           Remove lines 24-29 and insert:
7      capital letter "D" added to or removed from his or her license
8      upon the surrender of his or her current license, payment of a
9      $2 fee to be deposited into the Highway Safety Operating Trust
10     Fund, and presentation of sufficient proof that the person has
11     been diagnosed with a developmental disability by a physician
12     licensed under chapter 458 or chapter 459 as determined by the
13     department. If
14
15
16
     389263 - h0789-line24.docx
     Published On: 1/27/2020 6:34:28 PM
                                     Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 789   (2020)
       Amendment No.


17           -----------------------------------------------------
18                       T I T L E   A M E N D M E N T
19          Remove line 3 and insert:
20     322.14, F.S.; providing fees for the placement or removal of a




     389263 - h0789-line24.docx
     Published On: 1/27/2020 6:34:28 PM
                                  Page 2 of 2
HB 943
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 943 Electric Vehicle Charging Stations
SPONSOR(S): Daley
TIED BILLS:       IDEN./SIM. BILLS: SB 452

    REFERENCE                                                         ACTION                 ANALYST              STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Transportation & Infrastructure Subcommittee                                          Johnson              Vickers

    2) Appropriations Committee

    3) State Affairs Committee

                                                        SUMMARY ANALYSIS
Under current law, the provision of electric vehicle charging to the public by a nonutility is not considered the
retail sale of electricity, and is not subject to regulation as a public utility. Additionally, the Department of
Agriculture and Consumer Services is required to adopt rules regarding electric vehicle charging stations, and
is authorized, but not required, to post information on its website relating to alternative fueling stations
(including electric vehicle charging stations) that are available for public use in this state.

The bill requires the Department of Transportation, in coordination with other entities to, by July 1, 2020,
develop and adopt a master plan for electric vehicle charging stations on the State Highway System. The bill
provides goals and objectives for the master plan including identifying locations for charging stations,
evaluating types of charging stations and the economic potential for charging stations, and identifying specific
projects to meet the above goals. The Department of Transportation must then annually update its master
plan.

The bill has an indeterminate negative fiscal impact to state government associated with completing the master
plan. See Fiscal Analysis for details.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0943.TIS
DATE: 1/24/2020
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Present Situation

         Electric vehicles (EVs) offer a cleaner fuel source, and interest in EV use has been driven in part by
         their potential for reduction in greenhouse gas emissions. However, their relative high cost compared to
         conventional fuel-powered vehicles and their relative limited range have restricted the commercial
         viability of EVs.1 While advancements in EV-related technology are continuing, EV manufacturing is
         rising, and EV prices have been dropping, representatives in both the government and the private
         sector acknowledge that successful adoption of EV use is heavily dependent on the accessibility of
         charging stations.2

         Electric Vehicle Charging Equipment
         EV charging equipment is generally classified based on the rate at which the equipment charges the
         EV batteries. Charging times vary, depending on the depletion level of the battery, how much energy
         the battery holds, the type of battery, and the type of supply equipment. According to the Alternative
         Fuels Data Center (AFDC), charging times can range from less than 20 minutes to 20 hours or more,
         depending on the identified factors. Potential driving distance ranges from:
              Two to five miles of range per one hour of charging for AC Level 1 supply equipment;
              Ten to twenty miles per one hour of charging for AC Level 2 supply equipment; and
              Sixty to eighty miles per twenty minutes of charging for DC fast charging supply equipment.3

         According to the AFDC, for most drivers, EV charging currently occurs at home or at fleet facilities.4

         Level 1 (home) charging cords come as standard equipment on new EVs, only require a standard 120-
         volt outlet, and can add about 50 miles of range in an overnight charge. Level 1 charging is sufficient
         for low- and medium-range EV drivers with relatively low daily driving.5

         Level 2 (home and public) charging commonly requires a charging unit on a 240-volt circuit, with the
         charging rate dependent on the rate at which a vehicle can accept a charge and the maximum current
         available. An eight-hour charge adds about 180 miles of range with a typical 30-amp circuit. This
         method may require the purchase of a home charging unit and modifications to a home electric system,
         but charges from two to eight times faster than a Level 1, depending on the amperage and the vehicle.
         These chargers are most commonly found at public charging places like offices, grocery stores, and
         parking garages.6

         DC Fast Chargers (public charging) can typically add 50 to 90 miles in 30 minutes, depending on the
         charging station’s power capacity and the make of the EV. These chargers are best used for longer
         travel distances; vehicles used the major portion of a day, such as taxis; and for vehicles whose drivers
         have limited access to home charging.7

         Electric Vehicle Charging in Florida

1
  See the Federal Highway Administration’s FHWA NHTS Brief, Electric Vehicle Feasibility, July 2016, pp. 1-2, available at
https://nhts.ornl.gov/briefs/EVFeasibility20160701.pdf (last visited Jan. 6, 2020).
2
  Id. at p. 2. See also CBS Chicago, Electric Vehicle Sales on the Rise, But More Charging Stations Needed To Keep the Trend Going,
September 19, 2019, available at https://chicago.cbslocal.com/2019/09/19/electric-vehicles-super-fast-charging-stations/ (last visited
Jan. 6, 2020).
3
  See the AFDC’s website available at: https://www.afdc.energy.gov/vehicles/electric.html. (Last visited Jan. 6, 2020.)
4
  AFDC, Developing Infrastructure to Charge Electric Plug-In Vehicles, available at
https://afdc.energy.gov/fuels/electricity_infrastructure.html (last visited Jan.6, 2020).
5
  UCSUSA, Electric Vehicle Charging, Types, Time, Cost and Savings, (March 2018) available at
https://www.ucsusa.org/resources/electric-vehicle-charging-types-time-cost-and-savings (last visited Jan. 6, 2020).
6
  Id.
7
  Id.
STORAGE NAME: h0943.TIS                                                                                                       PAGE: 2
DATE: 1/24/2020
         Under Florida law, the provision of electric vehicle charging to the public by a nonutility is not
         considered the retail sale of electricity, and is not subject to regulation as a public utility.8 Additionally,
         the Department of Agriculture and Consumer Services (DACS) is required to adopt rules to provide
         definitions, methods of sale, labeling requirements, and price-posting requirements for electric vehicle
         charging stations to allow for consistency for consumers and the industry.9

         Section 377.815, F.S., authorizes, but does not require, DACS to post information on its website
         relating to alternative fueling stations (including electric vehicle charging stations) that are available for
         public use in this state. DACS’ website contains addresses by city and county for EV charging station
         locations in Florida. The website identifies 930 charging station locations by specific address.10

         Clean Cities Coalitions
         Established in 1993 as part of the U.S. Department of Energy's Vehicle Technologies Office, the Clean
         Cities Coalitions have funded hundreds of transportation projects nationwide in furtherance of their
         mission to foster the nation's economic, environmental, and energy security by working locally to
         advance affordable, domestic transportation fuels, energy efficient mobility systems, and other fuel-
         saving technologies and practices.11 There are four Florida Clean Cities Coalitions: North Florida,
         Central Florida, Tampa, and Southeast Florida.12

         Department of Agriculture and Consumer Services Office of Energy Electric Vehicle Roadmap
         DACS’ Office of Energy is currently working on an EV Roadmap with the goals of:
             Identifying EV charging infrastructure impacts on the electric grid.
             Identifying solutions for any negative impacts.
             Locating areas that lack EV charging infrastructure.
             Identifying best practices for siting EV charging stations.
             Identifying technical or regulatory barriers to expansion of EV charging infrastructure.13

         Effect of the Bill

         The bill defines the term “master plan for electric vehicle charging station” or “master plan” as a
         comprehensive plan of the Department of Transportation (DOT) which describes current and future
         plans for the development of electric vehicle charging stations on the State Highway System (SHS).14

         The bill requires DOT to, by July 1, 2021, in coordination with DACS’ Office of Energy and the Clean
         Cities Coalitions or other appropriate public or private entities, develop and adopt a master plan for
         electric vehicle charging stations on the SHS.

         The master plan’s goals and objectives include, but are not limited to:
             Identifying optimal locations on the SHS for the development of EV charging stations as a
               means of facilitating EV short-range and long-range travel and adequately serving as
               evacuation routes.
             Identifying locations that would serve existing EVs or encourage the expansion of EV use.
             Evaluating and comparing the types of EV charging stations available at present and in the
               future, including the technology and infrastructure incorporated in such stations, for the purpose
               of identifying any advantages to developing a particular type of station.


8
  Section 366.94(1), F.S.
9
  Section 366.94(2), F.S.
10
   See the Florida Department of Agriculture and Consumer Services website, select Electricity, available at
https://www.fdacs.gov/Energy/Florida-Energy-Clearinghouse/Transportation (last visited Jan. 6, 2020).
11
   Clean Cities Coalition, available at https://cleancities.energy.gov/, (last visited Jan. 10, 2020).
12
   Florida Department of Agriculture and Consumer Services, Agency Analysis of 2020 Senate Bill 452, p.2. (Oct. 9, 2019)
13
   Id.
14
   Section 334.03(24), F.S., defines the term “State Highway System” as the interstate system and all other roads within the state
which were under the jurisdiction of the state on June 10, 1995, and roads constructed by an agency of the state for the State Highway
System, plus roads transferred to the state’s jurisdiction after that date by mutual consent with another governmental entity, but not
including roads so transferred from the state’s jurisdiction. These facilities shall be facilities to which access is regulated.
STORAGE NAME: h0943.TIS                                                                                                       PAGE: 3
DATE: 1/24/2020
              Evaluating the economic potential for EV charging stations and consider strategies to develop
               that potential, including methods for building partnerships with local governments, other state
               and federal entities, electric utilities, the business community, and the public in support of EV
               charging stations.
              Identifying specific projects that will accomplish the above goals and objectives.

       After its adoption, DOT must annually, by July 1, update its master plan.

   B. SECTION DIRECTORY:
       Section 1 creates s. 339.287, F.S., relating to electric vehicle charging stations.

       Section 2 provides that the bill is effective upon becoming a law.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill does not appear to impact state government revenues.

       2. Expenditures:
           The bill has an indeterminate negative fiscal impact to DOT associated with completing the master
           plan. DACS may incur a negative fiscal impact associated with assisting DOT in preparing its
           master plan.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill does not appear to impact local government revenues.

       2. Expenditures:
           The bill does not appear to impact local government expenditures.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to impact county or municipal governments.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.
STORAGE NAME: h0943.TIS                                                                                    PAGE: 4
DATE: 1/24/2020
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   None.




STORAGE NAME: h0943.TIS                                                  PAGE: 5
DATE: 1/24/2020
F   L      O   R    I   D   A    H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T    I   V   E   S




           HB 943                                                                                                2020




    1                                         A bill to be entitled
    2               An act relating to electric vehicle charging stations;
    3               creating s. 339.287, F.S.; defining the term "master
    4               plan for electric vehicle charging stations" or
    5               "master plan"; requiring the Department of
    6               Transportation, in coordination with the Office of
    7               Energy within the Department of Agriculture and
    8               Consumer Services and the Florida Clean Cities
    9               Coalitions, or other appropriate entities, to develop
10                  and adopt by a specified date a master plan for
11                  electric vehicle charging stations on the state
12                  highway system; specifying goals and objectives of the
13                  master plan; requiring the master plan to be updated
14                  annually by a specified date; providing an effective
15                  date.
16
17         Be It Enacted by the Legislature of the State of Florida:
18
19                  Section 1.        Section 339.287, Florida Statutes, is created
20         to read:
21                  339.287      Electric vehicle charging stations; master plan
22         requirements.—
23                  (1)     As used in this section, the term "master plan for
24         electric vehicle charging stations" or "master plan" means a
25         comprehensive plan of the department which describes current and

                                                         Page 1 of 3

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        HB 943                                                                                                2020




26      future plans for the development of electric vehicle charging
27      stations on the state highway system.
28               (2)     The department, in coordination with the Office of
29      Energy within the Department of Agriculture and Consumer
30      Services and the Florida Clean Cities Coalitions designated by
31      the United States Department of Energy, or other appropriate
32      public or private entities, shall develop and adopt a master
33      plan for electric vehicle charging stations on the state highway
34      system by July 1, 2021.
35               (3)     The goals and objectives of the master plan include,
36      but are not limited to, all of the following:
37               (a)     Identify optimal locations on the state highway system
38      for the development of electric vehicle charging stations as a
39      means of facilitating electric vehicle short-range and long-
40      range travel and adequately serving evacuation routes in this
41      state.
42               (b)     Identify locations that would serve existing electric
43      vehicles or encourage the expansion of electric vehicle use in
44      this state.
45               (c)     Evaluate and compare the types of electric vehicle
46      charging stations available at present and in the future,
47      including the technology and infrastructure incorporated in such
48      stations, for the purpose of identifying any advantages to
49      developing a particular type of station.
50               (d)     Evaluate the economic potential for electric vehicle

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        HB 943                                                                                                2020




51      charging stations in this state and consider strategies to
52      develop that potential, including, but not limited to, methods
53      of building partnerships with local governments, other state and
54      federal entities, electric utilities, the business community,
55      and the public in support of electric vehicle charging stations.
56               (e)     Identify specific projects that will accomplish the
57      goals and objectives of this section.
58               (4)     After its adoption, the master plan shall be updated
59      annually by July 1.
60               Section 2.        This act shall take effect upon becoming a law.




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                                                                                                             hb0943-00
HB 971
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 971 Electric Bicycles
SPONSOR(S): Grant, M.
TIED BILLS:       IDEN./SIM. BILLS:                       SB 1148

    REFERENCE                                                        ACTION                   ANALYST              STAFF DIRECTOR or
                                                                                                                   BUDGET/POLICY CHIEF

    1) Transportation & Infrastructure Subcommittee                                           Roth                 Vickers

    2) Transportation & Tourism Appropriations
       Subcommittee

    3) State Affairs Committee

                                                         SUMMARY ANALYSIS
The bill defines electric bicycles (e-bikes) within a three-tiered classification system. Class 1 e-bikes are
bicycles equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to
provide assistance when the e-bike reaches 20 mph. Class 2 e-bikes are bicycles equipped with a throttle-
actuated motor that may be used exclusively to propel the bicycle and that ceases to provide assistance when
the e-bike reaches 20 mph. Class 3 e-bikes are bicycles equipped with a motor that provides assistance only
when the rider is pedaling and that ceases to provide assistance when the e-bike reaches 28 mph.

Additionally, the bill creates regulations governing the operation of e-bikes. An e-bike or an operator of an e-
bike must be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the
operator of a bicycle. An e-bike is considered a vehicle to the same extent as a bicycle, and the bill authorizes
an e-bike to operate where bicycles are allowed, including, but not limited to, streets, highways, roadways,
shoulders, bicycle lanes, and bicycle or multiuse paths. However, following notice and a public hearing, a
municipality, county, or agency of the state having jurisdiction over a bicycle or multiuse path may restrict or
prohibit the operation of an e-bike on the path if the entity determines that such a restriction is necessary in the
interest of public safety or to comply with other laws or legal obligations.

The bill provides that an e-bike or an operator of an e-bike is not subject to the provisions of law relating to
financial responsibility, driver or motor vehicle licenses, vehicle registration, title certificates, off-highway
motorcycles, or off-highway vehicles.

The bill requires that beginning January 1, 2021, manufacturers and distributors of e-bikes must apply a label
that is permanently affixed in a prominent location to each e-bike. The label must contain the classification
number, top assisted speed, and motor wattage of the e-bike. The bill prohibits a person from tampering with
or modifying an e-bike in order to change the motor-powered speed capability or engagement of an e-bike,
unless the label indicating the classification number required is replaced after such modification.

The bill will likely have a negative but insignificant fiscal impact on state government revenues. See Fiscal
Analysis for additional details.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0971.TIS
DATE: 1/24/2020
                                                          FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Bicycle Regulations
         Section 316.003, F.S, defines a “bicycle” as:

                  Every vehicle propelled solely by human power, and every motorized bicycle
                  propelled by a combination of human power and an electric helper motor capable
                  of propelling the vehicle at a speed of not more than 20 miles per hour on level
                  ground upon which any person may ride, having two tandem wheels, and including
                  any device generally recognized as a bicycle though equipped with two front or
                  two rear wheels. The term does not include such a vehicle with a seat height of no
                  more than 25 inches from the ground when the seat is adjusted to its highest
                  position or a scooter or similar device. A person under the age of 16 may not
                  operate or ride upon a motorized bicycle.1

         Under state traffic control laws, bicyclists are considered vehicle operators and are generally required
         to obey the same rules of the road as other vehicle operators, including traffic signs, signals, and lane
         markings.2 Section 316.2065, F.S., governs the operation of bicycles in Florida and provides for a
         number of bicycle-specific regulations, including:
              A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet.3
              A person may not knowingly rent or lease any bicycle to be ridden by a child who is under the
                age of 16 years unless the child possesses a bicycle helmet or the lessor provides a bicycle
                helmet for the child to wear.4
              Every bicycle in use between sunset and sunrise must be equipped with a lamp on the front
                exhibiting a white light visible from a distance of at least 500 feet to the front and a lamp and
                reflector on the rear each exhibiting a red light visible from a distance of 600 feet to the rear.5
              A person operating a bicycle on a sidewalk, or across a roadway on a crosswalk, must yield the
                right-of-way to any pedestrian and must give an audible signal before overtaking and passing
                the pedestrian.6

         A person operating a bicycle on a roadway must ride in the bicycle lane, but if there is no bicycle lane,
         the bicycle operator must ride as close to the right-hand curb as practicable. However, a bicycle
         operator may move to the center of the lane when:
              Overtaking and passing another bicycle or vehicle proceeding in the same direction;
              Preparing for a left turn at an intersection or into a private road or driveway; or
              Reasonably necessary to avoid any condition or potential conflict, including, but not limited to, a
                 fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface hazard,
                 turn lane, or substandard-width lane,7 which makes it unsafe to continue along the right-hand
                 curb or edge or within a bicycle lane.8




1
  Section 316.003(4), F.S.
2
  Section 316.2065(1), F.S.
3
  Section 316.2065(3)(d), F.S.
4
  Section 316.2065(15)(a), F.S.
5
  Section 316.2065(7), F.S.
6
  Section 316.2065(10), F.S.
7
  A substandard width lane is any lane that is too narrow for a bicycle and another vehicle to travel safely side-by-side within the lane.
8
  Section 316.2065(5)(a), F.S.
STORAGE NAME: h0971.TIS                                                                                                           PAGE: 2
DATE: 1/24/2020
        Bicycle operators traveling on a one-way highway with two or more marked traffic lanes may ride as
        near to the left-hand curb as practicable9 and bicycle operators may not ride more than two abreast on
        a roadway.10

         Electric Bicycles
         In 2002, Congress amended the Consumer Product Safety Commission (CPSC) definition of electric
         bicycles (e-bikes).11 The law defines a low-speed e-bike as “A two- or three-wheeled vehicle with fully
         operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a
         paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170
         pounds, is less than 20 mph.” The federal law permits e-bikes to be powered by the motor alone (a
         “throttle-assist” e-bike), or by a combination of motor and human power (a “pedal-assist” e-bike).12

         Devices that meet the federal definition of an e-bike are regulated by the CPSC and must meet bicycle
         safety standards. However, federal law only applies to e-bikes’ product standards and safety, and only
         specifies the maximum speed that an e-bike can travel under motor power alone. It does not provide a
         maximum speed when the bicycle is being propelled by a combination of human and motor power. The
         law does distinguish e-bikes that can travel 20 mph or less under motor power alone from motorcycles,
         mopeds, and motor vehicles. The CPSC has clarified that the federal law does not prohibit e-bikes from
         traveling faster than 20 mph when using a combination of human and motor power.13

         While the federal government regulates the manufacturing and first sale of an e-bike, its operation on
         streets and bikeways remains within each state’s control. Therefore, many states have their own laws
         that categorize e-bikes with mopeds and other motorized vehicles, require licensure and registration, or
         do not enable them to be used on facilities such as bike lanes or multi-purpose trails.14

         According to a 2018 bicycle industry analysis, e-bike sales increased 83 percent between May 2017
         and May 2018, and e-bikes made up 10 percent of overall bike sales in the U.S. for that time period. E-
         bikes cost on average $2,000 - $3,000, versus a $1,000 average investment for a mid-range traditional
         commuter bicycle.15 As of June 2019, 22 states define e-bikes with a three-class definition.16

         Representatives of the Florida Bicycle Association have expressed some concerns with the e-bike
         three-class definition. One concern is that the class 2 e-bike does not need pedal assist to engage and
         may be more similar to a motorized vehicle than a bicycle. Another concern is that the class 3 e-bike
         can reach speeds of 28 mph, which may be too fast to safely operate on sidewalks or multi-use paths.17

         Likewise, some environmental groups, mountain bikers, hunters, and anglers in other states have
         voiced opposition to the authorization of e-bikes on public trails. Their concerns relate to damage to the
         trails, overcrowding of the trails, and too much access to wildlife habitats.18



         Effect of Proposed Changes



9
  Section 316.2065(5)(b), F.S.
10
   Section 316.2065(6), F.S.
11
   House Bill 727, available at https://www.congress.gov/bill/107th-congress/house-bill/727/text (last visited January 8, 2020).
12
   National Conference of State Legislatures, State Electric Bicycle Laws: A Legislative Primer (March 28, 2019), available at
https://www.ncsl.org/research/transportation/state-electric-bicycle-laws-a-legislative-primer.aspx (last visited January 8, 2020).
13
   Id.
14
   Id.
15
   Id.
16
   People for Bikes, 22 States Now Follow the Three Class E-Bike System, Doubling Total in Six Months (July 19, 2019), available at
https://peopleforbikes.org/blog/22-states-now-follow-the-three-class-ebike-system/ (last visited January 8, 2020).
17
   Email from Becky Afonso, Executive Director, Florida Bicycle Association, RE: E-bikes (November 11, 2019).
18
   See Kurt Repanshek, Dozens of Conservation Groups Oppose eBikes on Non-Motorized Trails, National Parks Traveler (August 7,
2019), available at https://www.nationalparkstraveler.org/2019/08/dozens-conservation-groups-oppose-ebikes-non-motorized-trails
(last visited January 8, 2020).
STORAGE NAME: h0971.TIS                                                                                                     PAGE: 3
DATE: 1/24/2020
       The bill removes the definition of “motorized bicycle” from within the definition of “bicycle” and creates a
       separate definition for “electric bicycle” to read:

               A bicycle or tricycle equipped with fully operable pedals, a seat or saddle for the
               use of the rider, and an electric motor of less than 750 watts which meets the
               requirements of one of the following three classifications:

               “Class 1 electric bicycle” means an electric bicycle equipped with a motor that
               provides assistance only when the rider is pedaling and that ceases to provide
               assistance when the electric bicycle reaches the speed of 20 miles per hour.

               “Class 2 electric bicycle” means an electric bicycle equipped with a motor that
               may be used exclusively to propel the electric bicycle and that ceases to provide
               assistance when the electric bicycle reaches the speed of 20 miles per hour.

               “Class 3 electric bicycle” means an electric bicycle equipped with a motor that
               provides assistance only when the rider is pedaling and that ceases to provide
               assistance when the electric bicycle reaches the speed of 28 miles per hour.

       Additionally, the bill creates regulations governing the operation of e-bikes and provides that an e-bike
       or an operator of an e-bike must be afforded all the rights and privileges, and be subject to all of the
       duties, of a bicycle or the operator of a bicycle. An e-bike is considered a vehicle to the same extent as
       a bicycle, and the bill authorizes an e-bike to operate where bicycles are allowed, including, but not
       limited to, streets, highways, roadways, shoulders, bicycle lanes, and bicycle or multiuse paths.
       However, following notice and a public hearing, a municipality, county, or agency of the state having
       jurisdiction over a bicycle or multiuse path may restrict or prohibit the operation of an e-bike on the path
       if the entity finds that such a restriction is necessary in the interest of public safety or to comply with
       other laws or legal obligations.

       The bill provides that an e-bike or an operator of an e-bike is not subject to the provisions of law
       relating to financial responsibility, driver or motor vehicle licenses, vehicle registration, title certificates,
       off-highway motorcycles, or off-highway vehicles. The bill requires that an e-bike must function so that
       the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes
       are applied.

       The bill requires that beginning January 1, 2021, manufacturers and distributors of e-bikes must apply a
       label that is permanently affixed in a prominent location to each e-bike. The label must contain the
       classification number, top assisted speed, and motor wattage of the e-bike. The bill prohibits a person
       from tampering with or modifying an e-bike in order to change the motor-powered speed capability or
       engagement of an e-bike, unless the label indicating the classification number required is replaced after
       such modification.

       The bill removes the registration fee requirement for “motorized bicycles” and makes conforming
       changes to exclude “electric bicycle” from the definitions of “off-highway motorcycle”, “moped”, “motor
       vehicle”, “motorcycle”, and “motorized scooter”.

   B. SECTION DIRECTORY:
       Section 1: Amends s. 261.03, F.S., relating to definitions.

       Section 2: Amends s. 316.003, F.S., relating to definitions.

       Section 3: Amends s. 316.027, F.S., relating to crash involving death or personal injuries.

       Section 4: Amends s. 316.083, F.S., relating to overtaking and passing a vehicle.

       Section 5: Amends s. 316.1995, F.S., relating to driving upon sidewalk or bicycle path.

STORAGE NAME: h0971.TIS                                                                                         PAGE: 4
DATE: 1/24/2020
        Section 6: Creates s. 316.20655, F.S., relating to electric bicycle regulations.

        Section 7: Amends s. 316.613, F.S., relating to child restraint requirements.

        Section 8: Amends s. 316.614, F.S., relating to safety belt usage.

        Section 9: Amends s. 320.01, F.S., relating to definitions, general.

        Section 10: Amends s. 322.01, F.S., relating to definitions.

        Section 11: Amends s. 324.021, F.S., relating to definitions, minimum insurance required.

        Section 12: Amends s. 403.717, F.S., relating to waste tire and lead-acid battery requirements.

        Section 13: Amends s. 681.102, F.S., relating to definitions.

        Section 14: Amends s. 320.08, F.S., relating to license taxes.

        Section 15: Amends s. 316.306, F.S., relating to school and work zones; prohibition on the use of a
        wireless communications device in a handheld manner.

        Section 16: Amends s. 655.960, F.S., relating to definitions.

        Section 17: Provides an effective date of July 1, 2020.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            The bill will likely have a negative but insignificant fiscal impact to the State Transportation Trust
            Fund and Highway Safety Operating Trust Fund. In FY 2018-19, $14,633 was collected by the
            Department of Highway Safety and Motor Vehicles for both moped and motorized bicycle
            registration fees.19 Because the data is collected and stored together, it is uncertain what percent of
            the $14,633 is associated with motorized bicycle registration fees.

        2. Expenditures:
            The bill will likely have no impact on state government expenditures.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            The bill will likely have no impact on local government revenues.


        2. Expenditures:
            The bill will likely have no impact on local government expenditures.

     C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
        The bill may increase the sale of e-bikes in this state.

     D. FISCAL COMMENTS:

19
  E-mail from Kevin Jacobs, Deputy Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, RE: HB 971
(January 9, 2020).
STORAGE NAME: h0971.TIS                                                                                                PAGE: 5
DATE: 1/24/2020
       None.

                                                III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h0971.TIS                                                                                    PAGE: 6
DATE: 1/24/2020
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           HB 971                                                                                                2020




    1                                         A bill to be entitled
    2               An act relating to electric bicycles; amending s.
    3               261.03, F.S.; revising the definition of the term
    4               "OHM" or "off-highway motorcycle"; amending s.
    5               316.003, F.S.; revising definitions relating to the
    6               Florida Uniform Traffic Control Law; defining the term
    7               "electric bicycle"; amending s. 316.027, F.S.;
    8               revising the definition of the term "vulnerable road
    9               user"; amending s. 316.083, F.S.; requiring the driver
10                  of a vehicle overtaking an electric bicycle to pass
11                  the electric bicycle at a certain distance; amending
12                  s. 316.1995, F.S.; expanding exceptions to a
13                  prohibition on persons driving certain vehicles on
14                  sidewalks and bicycle paths; creating s. 316.20655,
15                  F.S.; providing electric bicycle regulations;
16                  providing for rights and privileges of electric
17                  bicycles and operators of electric bicycles; providing
18                  that electric bicycles are vehicles to the same extent
19                  as bicycles; providing that electric bicycles and
20                  operators of electric bicycles are not subject to
21                  specified provisions; requiring manufacturers and
22                  distributers, beginning on a specified date, to apply
23                  a label containing certain information to each
24                  electric bicycle; prohibiting persons from tampering
25                  with or modifying electric bicycles for certain

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        HB 971                                                                                                2020




26               purposes; providing an exception; requiring electric
27               bicycles to comply with specified provisions of law;
28               requiring electric bicycles to operate in a manner
29               that meets certain requirements; authorizing operators
30               to ride electric bicycles where bicycles are allowed;
31               authorizing municipalities, counties, and agencies to
32               regulate the use of electric bicycles on certain
33               paths; amending ss. 316.613, 316.614, and 320.01,
34               F.S.; revising the definition of the term "motor
35               vehicle"; amending s. 322.01, F.S.; revising the
36               definitions of the terms "motor vehicle" and
37               "vehicle"; amending ss. 324.021, 403.717, and 681.102,
38               F.S.; revising the definition of the term "motor
39               vehicle"; amending s. 320.08, F.S.; conforming a
40               provision to changes made by the act; amending ss.
41               316.306 and 655.960, F.S.; conforming cross-
42               references; providing an effective date.
43
44      Be It Enacted by the Legislature of the State of Florida:
45
46               Section 1.        Subsection (4) of section 261.03, Florida
47      Statutes, is amended to read:
48               261.03      Definitions.—As used in this chapter, the term:
49               (4)     "OHM" or "off-highway motorcycle" means any motor
50      vehicle used off the roads or highways of this state that has a

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        HB 971                                                                                                2020




51      seat or saddle for the use of the rider and is designed to
52      travel with not more than two wheels in contact with the ground,
53      but excludes a tractor, an electric bicycle, or a moped.
54               Section 2.        Present subsections (22) through (104) of
55      section 316.003, Florida Statutes, are redesignated as
56      subsections (23) through (105), respectively, a new subsection
57      (22) is added to that section, and subsection (4) and present
58      subsections (41), (43), (44), (45), and (61) of that section are
59      amended, to read:
60               316.003      Definitions.—The following words and phrases, when
61      used in this chapter, shall have the meanings respectively
62      ascribed to them in this section, except where the context
63      otherwise requires:
64               (4)     BICYCLE.—Every vehicle propelled solely by human
65      power, and every motorized bicycle propelled by a combination of
66      human power and an electric helper motor capable of propelling
67      the vehicle at a speed of not more than 20 miles per hour on
68      level ground upon which any person may ride, having two tandem
69      wheels, and including any device generally recognized as a
70      bicycle though equipped with two front or two rear wheels. The
71      term does not include such a vehicle with a seat height of no
72      more than 25 inches from the ground when the seat is adjusted to
73      its highest position or a scooter or similar device. A person
74      under the age of 16 may not operate or ride upon a motorized
75      bicycle.

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         HB 971                                                                                                2020




76                (22)        ELECTRIC BICYCLE.—A bicycle or tricycle equipped with
77       fully operable pedals, a seat or saddle for the use of the
78       rider, and an electric motor of less than 750 watts which meets
79       the requirements of one of the following three classifications:
80                (a)     "Class 1 electric bicycle" means an electric bicycle
81       equipped with a motor that provides assistance only when the
82       rider is pedaling and that ceases to provide assistance when the
83       electric bicycle reaches the speed of 20 miles per hour.
84                (b)     "Class 2 electric bicycle" means an electric bicycle
85       equipped with a motor that may be used exclusively to propel the
86       electric bicycle and that ceases to provide assistance when the
87       electric bicycle reaches the speed of 20 miles per hour.
88                (c)     "Class 3 electric bicycle" means an electric bicycle
89       equipped with a motor that provides assistance only when the
90       rider is pedaling and that ceases to provide assistance when the
91       electric bicycle reaches the speed of 28 miles per hour.
92                (42)(41)          MOPED.—Any vehicle with pedals to permit
93       propulsion by human power, having a seat or saddle for the use
94       of the rider and designed to travel on not more than three
95       wheels, with a motor rated not in excess of 2 brake horsepower
96       and not capable of propelling the vehicle at a speed greater
97       than 30 miles per hour on level ground and with a power-drive
98       system that functions directly or automatically without
99       clutching or shifting gears by the operator after the drive
100      system is engaged. If an internal combustion engine is used, the

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         HB 971                                                                                                2020




101      displacement may not exceed 50 cubic centimeters. The term does
102      not include an electric bicycle.
103               (44)(43)         MOTOR VEHICLE.—Except when used in s. 316.1001, a
104      self-propelled vehicle not operated upon rails or guideway, but
105      not including any bicycle, electric bicycle, motorized scooter,
106      electric personal assistive mobility device, mobile carrier,
107      personal delivery device, swamp buggy, or moped. For purposes of
108      s. 316.1001, "motor vehicle" has the same meaning as provided in
109      s. 320.01(1)(a).
110               (45)(44)         MOTORCYCLE.—Any motor vehicle having a seat or
111      saddle for the use of the rider and designed to travel on not
112      more than three wheels in contact with the ground. The term
113      includes an autocycle, but does not include a tractor, a moped,
114      an electric bicycle, or any vehicle in which the operator is
115      enclosed by a cabin unless it meets the requirements set forth
116      by the National Highway Traffic Safety Administration for a
117      motorcycle.
118               (46)(45)         MOTORIZED SCOOTER.—Any vehicle or micromobility
119      device that is powered by a motor with or without a seat or
120      saddle for the use of the rider, which is designed to travel on
121      not more than three wheels, and which is not capable of
122      propelling the vehicle at a speed greater than 20 miles per hour
123      on level ground. The term does not include an electric bicycle.
124               (62)(61)         PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
125      provided in paragraph (84)(b) (83)(b), any privately owned way

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         HB 971                                                                                                2020




126      or place used for vehicular travel by the owner and those having
127      express or implied permission from the owner, but not by other
128      persons.
129               Section 3.        Paragraph (b) of subsection (1) of section
130      316.027, Florida Statutes, is amended to read:
131               316.027      Crash involving death or personal injuries.—
132               (1)      As used in this section, the term:
133               (b)      "Vulnerable road user" means:
134               1.      A pedestrian, including a person actually engaged in
135      work upon a highway, or in work upon utility facilities along a
136      highway, or engaged in the provision of emergency services
137      within the right-of-way;
138               2.      A person operating a bicycle, an electric bicycle, a
139      motorcycle, a scooter, or a moped lawfully on the roadway;
140               3.      A person riding an animal; or
141               4.      A person lawfully operating on a public right-of-way,
142      crosswalk, or shoulder of the roadway:
143               a.      A farm tractor or similar vehicle designed primarily
144      for farm use;
145               b.      A skateboard, roller skates, or in-line skates;
146               c.      A horse-drawn carriage;
147               d.      An electric personal assistive mobility device; or
148               e.      A wheelchair.
149               Section 4.        Subsection (1) of section 316.083, Florida
150      Statutes, is amended to read:

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         HB 971                                                                                                2020




151               316.083      Overtaking and passing a vehicle.—The following
152      rules shall govern the overtaking and passing of vehicles
153      proceeding in the same direction, subject to those limitations,
154      exceptions, and special rules hereinafter stated:
155               (1)     The driver of a vehicle overtaking another vehicle
156      proceeding in the same direction shall give an appropriate
157      signal as provided for in s. 316.156, shall pass to the left
158      thereof at a safe distance, and shall not again drive to the
159      right side of the roadway until safely clear of the overtaken
160      vehicle. The driver of a vehicle overtaking a bicycle or other
161      nonmotorized vehicle, or an electric bicycle, must pass the
162      bicycle, or other nonmotorized vehicle, or electric bicycle at a
163      safe distance of not less than 3 feet between the vehicle and
164      the bicycle, or other nonmotorized vehicle, or electric bicycle.
165               Section 5.        Section 316.1995, Florida Statutes, is amended
166      to read:
167               316.1995         Driving upon sidewalk or bicycle path.—
168               (1)     Except as provided in s. 316.008, s. 316.20655, s.
169      316.212(8), or s. 316.2128, a person may not drive any vehicle
170      other than by human power upon a bicycle path, sidewalk, or
171      sidewalk area, except upon a permanent or duly authorized
172      temporary driveway.
173               (2)     A violation of this section is a noncriminal traffic
174      infraction, punishable as a moving violation as provided in
175      chapter 318.

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         HB 971                                                                                                2020




176               (3)     This section does not apply to motorized wheelchairs.
177               Section 6.        Section 316.20655, Florida Statutes, is created
178      to read:
179               316.20655        Electric bicycle regulations.—
180               (1)     Except as otherwise provided in this section, an
181      electric bicycle or an operator of an electric bicycle shall be
182      afforded all the rights and privileges, and be subject to all of
183      the duties, of a bicycle or the operator of a bicycle, including
184      s. 316.2065. An electric bicycle is a vehicle to the same extent
185      as a bicycle.
186               (2)     An electric bicycle or an operator of an electric
187      bicycle is not subject to the provisions of law relating to
188      financial responsibility, driver or motor vehicle licenses,
189      vehicle registration, title certificates, off-highway
190      motorcycles, or off-highway vehicles.
191               (3)     Beginning on January 1, 2021, manufacturers and
192      distributors of electric bicycles shall apply a label that is
193      permanently affixed in a prominent location to each electric
194      bicycle. The label must contain the classification number, top
195      assisted speed, and motor wattage of the electric bicycle.
196               (4)     A person may not tamper with or modify an electric
197      bicycle so as to change the motor-powered speed capability or
198      engagement of an electric bicycle, unless the label indicating
199      the classification number required in subsection (3) is replaced
200      after such modification.

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         HB 971                                                                                                2020




201               (5)     An electric bicycle must comply with the equipment and
202      manufacturing requirements for bicycles adopted by the United
203      States Consumer Product Safety Commission under 16 C.F.R. part
204      1512.
205               (6)     An electric bicycle must operate in a manner so that
206      the electric motor is disengaged or ceases to function when the
207      rider stops pedaling or when the brakes are applied.
208               (7)(a)      An operator may ride an electric bicycle where
209      bicycles are allowed, including, but not limited to, streets,
210      highways, roadways, shoulders, bicycle lanes, and bicycle or
211      multiuse paths.
212               (b)     Following notice and a public hearing, a municipality,
213      county, or agency of the state having jurisdiction over a
214      bicycle or multiuse path may restrict or prohibit the operation
215      of an electric bicycle on the path if the municipality, county,
216      or agency finds that such a restriction is necessary in the
217      interest of public safety or to comply with other laws or legal
218      obligations.
219               Section 7.        Paragraph (e) of subsection (2) of section
220      316.613, Florida Statutes, is amended to read:
221               316.613      Child restraint requirements.—
222               (2)     As used in this section, the term "motor vehicle"
223      means a motor vehicle as defined in s. 316.003 that is operated
224      on the roadways, streets, and highways of the state. The term
225      does not include:

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         HB 971                                                                                                2020




226               (e)     A motorcycle, a moped, a or bicycle, or an electric
227      bicycle.
228               Section 8.        Paragraph (a) of subsection (3) of section
229      316.614, Florida Statutes, is amended to read:
230               316.614      Safety belt usage.—
231               (3)      As used in this section:
232               (a)      "Motor vehicle" means a motor vehicle as defined in s.
233      316.003 which is operated on the roadways, streets, and highways
234      of this state. The term does not include:
235               1.      A school bus.
236               2.      A bus used for the transportation of persons for
237      compensation.
238               3.      A farm tractor or implement of husbandry.
239               4.      A truck having a gross vehicle weight rating of more
240      than 26,000 pounds.
241               5.      A motorcycle, a moped, a or bicycle, or an electric
242      bicycle.
243               Section 9.        Paragraph (a) of subsection (1) of section
244      320.01, Florida Statutes, is amended to read:
245               320.01      Definitions, general.—As used in the Florida
246      Statutes, except as otherwise provided, the term:
247               (1)      "Motor vehicle" means:
248               (a)      An automobile, motorcycle, truck, trailer,
249      semitrailer, truck tractor and semitrailer combination, or any
250      other vehicle operated on the roads of this state, used to

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         HB 971                                                                                                2020




251      transport persons or property, and propelled by power other than
252      muscular power, but the term does not include traction engines,
253      road rollers, motorized scooters, micromobility devices,
254      personal delivery devices and mobile carriers as defined in s.
255      316.003, special mobile equipment as defined in s. 316.003,
256      vehicles that run only upon a track, bicycles, electric
257      bicycles, swamp buggies, or mopeds.
258               Section 10.           Subsections (27) and (44) of section 322.01,
259      Florida Statutes, are amended to read:
260               322.01        Definitions.—As used in this chapter:
261               (27)        "Motor vehicle" means any self-propelled vehicle,
262      including a motor vehicle combination, not operated upon rails
263      or guideway, excluding vehicles moved solely by human power,
264      motorized wheelchairs, and electric motorized bicycles as
265      defined in s. 316.003.
266               (44)        "Vehicle" means every device in, upon, or by which
267      any person or property is or may be transported or drawn upon a
268      public highway or operated upon rails or guideway, except a
269      bicycle, motorized wheelchair, or electric motorized bicycle.
270               Section 11.           Subsection (1) of section 324.021, Florida
271      Statutes, is amended to read:
272               324.021        Definitions; minimum insurance required.—The
273      following words and phrases when used in this chapter shall, for
274      the purpose of this chapter, have the meanings respectively
275      ascribed to them in this section, except in those instances

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         HB 971                                                                                                2020




276      where the context clearly indicates a different meaning:
277               (1)     MOTOR VEHICLE.—Every self-propelled vehicle that is
278      designed and required to be licensed for use upon a highway,
279      including trailers and semitrailers designed for use with such
280      vehicles, except traction engines, road rollers, farm tractors,
281      power shovels, and well drillers, and every vehicle that is
282      propelled by electric power obtained from overhead wires but not
283      operated upon rails, but not including any personal delivery
284      device or mobile carrier as defined in s. 316.003, bicycle,
285      electric bicycle, or moped. However, the term "motor vehicle"
286      does not include a motor vehicle as defined in s. 627.732(3)
287      when the owner of such vehicle has complied with the
288      requirements of ss. 627.730-627.7405, inclusive, unless the
289      provisions of s. 324.051 apply; and, in such case, the
290      applicable proof of insurance provisions of s. 320.02 apply.
291               Section 12.          Paragraph (b) of subsection (1) of section
292      403.717, Florida Statutes, is amended to read:
293               403.717      Waste tire and lead-acid battery requirements.—
294               (1)     For purposes of this section and ss. 403.718 and
295      403.7185:
296               (b)     "Motor vehicle" means an automobile, motorcycle,
297      truck, trailer, semitrailer, truck tractor and semitrailer
298      combination, or any other vehicle operated in this state, used
299      to transport persons or property and propelled by power other
300      than muscular power. The term does not include traction engines,

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         HB 971                                                                                                2020




301      road rollers, vehicles that run only upon a track, bicycles,
302      electric bicycles, mopeds, or farm tractors and trailers.
303               Section 13.           Subsection (14) of section 681.102, Florida
304      Statutes, is amended to read:
305               681.102        Definitions.—As used in this chapter, the term:
306               (14)        "Motor vehicle" means a new vehicle, propelled by
307      power other than muscular power, which is sold in this state to
308      transport persons or property, and includes a recreational
309      vehicle or a vehicle used as a demonstrator or leased vehicle if
310      a manufacturer's warranty was issued as a condition of sale, or
311      the lessee is responsible for repairs, but does not include
312      vehicles run only upon tracks, off-road vehicles, trucks over
313      10,000 pounds gross vehicle weight, motorcycles, mopeds,
314      electric bicycles, or the living facilities of recreational
315      vehicles. "Living facilities of recreational vehicles" are those
316      portions designed, used, or maintained primarily as living
317      quarters and include, but are not limited to, the flooring,
318      plumbing system and fixtures, roof air conditioner, furnace,
319      generator, electrical systems other than automotive circuits,
320      the side entrance door, exterior compartments, and windows other
321      than the windshield and driver and front passenger windows.
322               Section 14.           Section 320.08, Florida Statutes, is amended
323      to read:
324               320.08        License taxes.—Except as otherwise provided herein,
325      there are hereby levied and imposed annual license taxes for the

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         HB 971                                                                                                2020




326      operation of motor vehicles, mopeds, motorized bicycles as
327      defined in s. 316.003(4), tri-vehicles as defined in s. 316.003,
328      and mobile homes as defined in s. 320.01, which shall be paid to
329      and collected by the department or its agent upon the
330      registration or renewal of registration of the following:
331               (1)     MOTORCYCLES AND MOPEDS.—
332               (a)     Any motorcycle: $10 flat.
333               (b)     Any moped: $5 flat.
334               (c)     Upon registration of a motorcycle, motor-driven cycle,
335      or moped, in addition to the license taxes specified in this
336      subsection, a nonrefundable motorcycle safety education fee in
337      the amount of $2.50 shall be paid. The proceeds of such
338      additional fee shall be deposited in the Highway Safety
339      Operating Trust Fund to fund a motorcycle driver improvement
340      program implemented pursuant to s. 322.025, the Florida
341      Motorcycle Safety Education Program established in s. 322.0255,
342      or the general operations of the department.
343               (d)     An ancient or antique motorcycle: $7.50 flat.
344               (2)     AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.—
345               (a)     An ancient or antique automobile, as defined in s.
346      320.086, or a street rod, as defined in s. 320.0863: $7.50 flat.
347               (b)     Net weight of less than 2,500 pounds: $14.50 flat.
348               (c)     Net weight of 2,500 pounds or more, but less than
349      3,500 pounds: $22.50 flat.
350               (d)     Net weight of 3,500 pounds or more: $32.50 flat.

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         HB 971                                                                                                2020




351               (3)     TRUCKS.—
352               (a)     Net weight of less than 2,000 pounds: $14.50 flat.
353               (b)     Net weight of 2,000 pounds or more, but not more than
354      3,000 pounds: $22.50 flat.
355               (c)     Net weight more than 3,000 pounds, but not more than
356      5,000 pounds: $32.50 flat.
357               (d)     A truck defined as a "goat," or other vehicle if used
358      in the field by a farmer or in the woods for the purpose of
359      harvesting a crop, including naval stores, during such
360      harvesting operations, and which is not principally operated
361      upon the roads of the state: $7.50 flat. The term "goat" means a
362      motor vehicle designed, constructed, and used principally for
363      the transportation of citrus fruit within citrus groves or for
364      the transportation of crops on farms, and which can also be used
365      for hauling associated equipment or supplies, including required
366      sanitary equipment, and the towing of farm trailers.
367               (e)     An ancient or antique truck, as defined in s. 320.086:
368      $7.50 flat.
369               (4)     HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS
370      VEHICLE WEIGHT.—
371               (a)     Gross vehicle weight of 5,001 pounds or more, but less
372      than 6,000 pounds: $60.75 flat.
373               (b)     Gross vehicle weight of 6,000 pounds or more, but less
374      than 8,000 pounds: $87.75 flat.
375               (c)     Gross vehicle weight of 8,000 pounds or more, but less

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         HB 971                                                                                                2020




376      than 10,000 pounds: $103 flat.
377               (d)      Gross vehicle weight of 10,000 pounds or more, but
378      less than 15,000 pounds: $118 flat.
379               (e)      Gross vehicle weight of 15,000 pounds or more, but
380      less than 20,000 pounds: $177 flat.
381               (f)      Gross vehicle weight of 20,000 pounds or more, but
382      less than 26,001 pounds: $251 flat.
383               (g)      Gross vehicle weight of 26,001 pounds or more, but
384      less than 35,000: $324 flat.
385               (h)      Gross vehicle weight of 35,000 pounds or more, but
386      less than 44,000 pounds: $405 flat.
387               (i)      Gross vehicle weight of 44,000 pounds or more, but
388      less than 55,000 pounds: $773 flat.
389               (j)      Gross vehicle weight of 55,000 pounds or more, but
390      less than 62,000 pounds: $916 flat.
391               (k)      Gross vehicle weight of 62,000 pounds or more, but
392      less than 72,000 pounds: $1,080 flat.
393               (l)     Gross vehicle weight of 72,000 pounds or more: $1,322
394      flat.
395               (m)      Notwithstanding the declared gross vehicle weight, a
396      truck tractor used within the state or within a 150-mile radius
397      of its home address is eligible for a license plate for a fee of
398      $324 flat if:
399               1.      The truck tractor is used exclusively for hauling
400      forestry products; or

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         HB 971                                                                                                2020




401               2.      The truck tractor is used primarily for the hauling of
402      forestry products, and is also used for the hauling of
403      associated forestry harvesting equipment used by the owner of
404      the truck tractor.
405               (n)      A truck tractor or heavy truck, not operated as a for-
406      hire vehicle and which is engaged exclusively in transporting
407      raw, unprocessed, and nonmanufactured agricultural or
408      horticultural products within the state or within a 150-mile
409      radius of its home address is eligible for a restricted license
410      plate for a fee of:
411               1.      If such vehicle's declared gross vehicle weight is less
412      than 44,000 pounds, $87.75 flat.
413               2.      If such vehicle's declared gross vehicle weight is
414      44,000 pounds or more and such vehicle only transports from the
415      point of production to the point of primary manufacture; to the
416      point of assembling the same; or to a shipping point of a rail,
417      water, or motor transportation company, $324 flat.
418
419      Such not-for-hire truck tractors and heavy trucks used
420      exclusively in transporting raw, unprocessed, and
421      nonmanufactured agricultural or horticultural products may be
422      incidentally used to haul farm implements and fertilizers
423      delivered direct to the growers. The department may require any
424      documentation deemed necessary to determine eligibility before
425      issuance of this license plate. For the purpose of this

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         HB 971                                                                                                2020




426      paragraph, "not-for-hire" means the owner of the motor vehicle
427      must also be the owner of the raw, unprocessed, and
428      nonmanufactured agricultural or horticultural product, or the
429      user of the farm implements and fertilizer being delivered.
430               (5)      SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
431      SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
432               (a)1.       A semitrailer drawn by a GVW truck tractor by means
433      of a fifth-wheel arrangement: $13.50 flat per registration year
434      or any part thereof.
435               2.      A semitrailer drawn by a GVW truck tractor by means of
436      a fifth-wheel arrangement: $68 flat per permanent registration.
437               (b)      A motor vehicle equipped with machinery and designed
438      for the exclusive purpose of well drilling, excavation,
439      construction, spraying, or similar activity, and which is not
440      designed or used to transport loads other than the machinery
441      described above over public roads: $44 flat.
442               (c)      A school bus used exclusively to transport pupils to
443      and from school or school or church activities or functions
444      within their own county: $41 flat.
445               (d)      A wrecker, as defined in s. 320.01, which is used to
446      tow a vessel as defined in s. 327.02, a disabled, abandoned,
447      stolen-recovered, or impounded motor vehicle as defined in s.
448      320.01, or a replacement motor vehicle as defined in s. 320.01:
449      $41 flat.
450               (e)      A wrecker that is used to tow any nondisabled motor

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         HB 971                                                                                                2020




451      vehicle, a vessel, or any other cargo unless used as defined in
452      paragraph (d), as follows:
453               1.      Gross vehicle weight of 10,000 pounds or more, but less
454      than 15,000 pounds: $118 flat.
455               2.      Gross vehicle weight of 15,000 pounds or more, but less
456      than 20,000 pounds: $177 flat.
457               3.      Gross vehicle weight of 20,000 pounds or more, but less
458      than 26,000 pounds: $251 flat.
459               4.      Gross vehicle weight of 26,000 pounds or more, but less
460      than 35,000 pounds: $324 flat.
461               5.      Gross vehicle weight of 35,000 pounds or more, but less
462      than 44,000 pounds: $405 flat.
463               6.      Gross vehicle weight of 44,000 pounds or more, but less
464      than 55,000 pounds: $772 flat.
465               7.      Gross vehicle weight of 55,000 pounds or more, but less
466      than 62,000 pounds: $915 flat.
467               8.      Gross vehicle weight of 62,000 pounds or more, but less
468      than 72,000 pounds: $1,080 flat.
469               9.      Gross vehicle weight of 72,000 pounds or more: $1,322
470      flat.
471               (f)      A hearse or ambulance: $40.50 flat.
472               (6)      MOTOR VEHICLES FOR HIRE.—
473               (a)      Under nine passengers: $17 flat plus $1.50 per cwt.
474               (b)      Nine passengers and over: $17 flat plus $2 per cwt.
475               (7)      TRAILERS FOR PRIVATE USE.—

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         HB 971                                                                                                2020




476               (a)      Any trailer weighing 500 pounds or less: $6.75 flat
477      per year or any part thereof.
478               (b)      Net weight over 500 pounds: $3.50 flat plus $1 per
479      cwt.
480               (8)      TRAILERS FOR HIRE.—
481               (a)      Net weight under 2,000 pounds: $3.50 flat plus $1.50
482      per cwt.
483               (b)      Net weight 2,000 pounds or more: $13.50 flat plus
484      $1.50 per cwt.
485               (9)      RECREATIONAL VEHICLE-TYPE UNITS.—
486               (a)      A travel trailer or fifth-wheel trailer, as defined by
487      s. 320.01(1)(b), that does not exceed 35 feet in length: $27
488      flat.
489               (b)      A camping trailer, as defined by s. 320.01(1)(b)2.:
490      $13.50 flat.
491               (c)      A motor home, as defined by s. 320.01(1)(b)4.:
492               1.      Net weight of less than 4,500 pounds: $27 flat.
493               2.      Net weight of 4,500 pounds or more: $47.25 flat.
494               (d)      A truck camper as defined by s. 320.01(1)(b)3.:
495               1.      Net weight of less than 4,500 pounds: $27 flat.
496               2.      Net weight of 4,500 pounds or more: $47.25 flat.
497               (e)      A private motor coach as defined by s. 320.01(1)(b)5.:
498               1.      Net weight of less than 4,500 pounds: $27 flat.
499               2.      Net weight of 4,500 pounds or more: $47.25 flat.
500               (10)        PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS;

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         HB 971                                                                                                2020




501      35 FEET TO 40 FEET.—
502               (a)     Park trailers.—Any park trailer, as defined in s.
503      320.01(1)(b)7.: $25 flat.
504               (b)     Travel trailers or fifth-wheel trailers.—A travel
505      trailer or fifth-wheel trailer, as defined in s. 320.01(1)(b),
506      that exceeds 35 feet: $25 flat.
507               (11)        MOBILE HOMES.—
508               (a)     A mobile home not exceeding 35 feet in length: $20
509      flat.
510               (b)     A mobile home over 35 feet in length, but not
511      exceeding 40 feet: $25 flat.
512               (c)     A mobile home over 40 feet in length, but not
513      exceeding 45 feet: $30 flat.
514               (d)     A mobile home over 45 feet in length, but not
515      exceeding 50 feet: $35 flat.
516               (e)     A mobile home over 50 feet in length, but not
517      exceeding 55 feet: $40 flat.
518               (f)     A mobile home over 55 feet in length, but not
519      exceeding 60 feet: $45 flat.
520               (g)     A mobile home over 60 feet in length, but not
521      exceeding 65 feet: $50 flat.
522               (h)     A mobile home over 65 feet in length: $80 flat.
523               (12)        DEALER AND MANUFACTURER LICENSE PLATES.—A franchised
524      motor vehicle dealer, independent motor vehicle dealer, marine
525      boat trailer dealer, or mobile home dealer and manufacturer

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         HB 971                                                                                                2020




526      license plate: $17 flat.
527               (13)        EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or
528      official license plate: $4 flat, except that the registration or
529      renewal of a registration of a marine boat trailer exempt under
530      s. 320.102 is not subject to any license tax.
531               (14)        LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor
532      vehicle for hire operated wholly within a city or within 25
533      miles thereof: $17 flat plus $2 per cwt.
534               (15)        TRANSPORTER.—Any transporter license plate issued to
535      a transporter pursuant to s. 320.133: $101.25 flat.
536               Section 15.            Paragraph (a) of subsection (3) of section
537      316.306, Florida Statutes, is amended to read:
538               316.306        School and work zones; prohibition on the use of a
539      wireless communications device in a handheld manner.—
540               (3)(a)1.          A person may not operate a motor vehicle while
541      using a wireless communications device in a handheld manner in a
542      designated school crossing, school zone, or work zone area as
543      defined in s. 316.003(105) s. 316.003(104). This subparagraph
544      shall only be applicable to work zone areas if construction
545      personnel are present or are operating equipment on the road or
546      immediately adjacent to the work zone area. For the purposes of
547      this paragraph, a motor vehicle that is stationary is not being
548      operated and is not subject to the prohibition in this
549      paragraph.
550               2.a.        During the period from October 1, 2019, through

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         HB 971                                                                                                2020




551      December 31, 2019, a law enforcement officer may stop motor
552      vehicles to issue verbal or written warnings to persons who are
553      in violation of subparagraph 1. for the purposes of informing
554      and educating such persons of this section. This sub-
555      subparagraph shall stand repealed on October 1, 2020.
556               b.      Effective January 1, 2020, a law enforcement officer
557      may stop motor vehicles and issue citations to persons who are
558      driving while using a wireless communications device in a
559      handheld manner in violation of subparagraph 1.
560               Section 16.          Subsection (1) of section 655.960, Florida
561      Statutes, is amended to read:
562               655.960      Definitions; ss. 655.960-655.965.—As used in this
563      section and ss. 655.961-655.965, unless the context otherwise
564      requires:
565               (1)      "Access area" means any paved walkway or sidewalk
566      which is within 50 feet of any automated teller machine. The
567      term does not include any street or highway open to the use of
568      the public, as defined in s. 316.003(84)(a) or (b) s.
569      316.003(83)(a) or (b), including any adjacent sidewalk, as
570      defined in s. 316.003.
571               Section 17.          This act shall take effect July 1, 2020.




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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                      Bill No. HB 971   (2020)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:        Transportation &
2      Infrastructure Subcommittee
3      Representative Grant, M. offered the following:
4
5           Amendment (with title amendment)
6           Remove lines 71-185 and insert:
7      term does not include such a vehicle with a seat height of no
8      more than 25 inches from the ground when the seat is adjusted to
9      its highest position or a scooter or similar device. A person
10     under the age of 16 may not operate or ride upon a motorized
11     bicycle.
12          (22)    ELECTRIC BICYCLE.—A bicycle or tricycle equipped with
13     fully operable pedals, a seat or saddle for the use of the
14     rider, and an electric motor of less than 750 watts which meets
15     the requirements of one of the following three classifications:
16          (a)    "Class 1 electric bicycle" means an electric bicycle
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17     equipped with a motor that provides assistance only when the
18     rider is pedaling and that ceases to provide assistance when the
19     electric bicycle reaches the speed of 20 miles per hour.
20          (b)   "Class 2 electric bicycle" means an electric bicycle
21     equipped with a motor that may be used exclusively to propel the
22     electric bicycle and that ceases to provide assistance when the
23     electric bicycle reaches the speed of 20 miles per hour.
24          (c)   "Class 3 electric bicycle" means an electric bicycle
25     equipped with a motor that provides assistance only when the
26     rider is pedaling and that ceases to provide assistance when the
27     electric bicycle reaches the speed of 28 miles per hour.
28          (42)(41)   MOPED.—Any vehicle with pedals to permit
29     propulsion by human power, having a seat or saddle for the use
30     of the rider and designed to travel on not more than three
31     wheels, with a motor rated not in excess of 2 brake horsepower
32     and not capable of propelling the vehicle at a speed greater
33     than 30 miles per hour on level ground and with a power-drive
34     system that functions directly or automatically without
35     clutching or shifting gears by the operator after the drive
36     system is engaged. If an internal combustion engine is used, the
37     displacement may not exceed 50 cubic centimeters. The term does
38     not include an electric bicycle.
39          (44)(43)   MOTOR VEHICLE.—Except when used in s. 316.1001, a
40     self-propelled vehicle not operated upon rails or guideway, but
41     not including any bicycle, electric bicycle, motorized scooter,
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42     electric personal assistive mobility device, mobile carrier,
43     personal delivery device, swamp buggy, or moped. For purposes of
44     s. 316.1001, "motor vehicle" has the same meaning as provided in
45     s. 320.01(1)(a).
46          (45)(44)   MOTORCYCLE.—Any motor vehicle having a seat or
47     saddle for the use of the rider and designed to travel on not
48     more than three wheels in contact with the ground. The term
49     includes an autocycle, but does not include a tractor, a moped,
50     an electric bicycle, or any vehicle in which the operator is
51     enclosed by a cabin unless it meets the requirements set forth
52     by the National Highway Traffic Safety Administration for a
53     motorcycle.
54          (46)(45)   MOTORIZED SCOOTER.—Any vehicle or micromobility
55     device that is powered by a motor with or without a seat or
56     saddle for the use of the rider, which is designed to travel on
57     not more than three wheels, and which is not capable of
58     propelling the vehicle at a speed greater than 20 miles per hour
59     on level ground. The term does not include an electric bicycle.
60          (62)(61)   PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
61     provided in paragraph (84)(b) (83)(b), any privately owned way
62     or place used for vehicular travel by the owner and those having
63     express or implied permission from the owner, but not by other
64     persons.
65          Section 3.    Paragraph (a) of subsection (7) of section
66     316.008, Florida Statutes, is amended to read:
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67          316.008    Powers of local authorities.—
68          (7)(a)    A county or municipality may enact an ordinance to
69     permit, control, or regulate the operation of vehicles, golf
70     carts, mopeds, motorized scooters, electric bicycles, and
71     electric personal assistive mobility devices on sidewalks or
72     sidewalk areas when such use is permissible under federal law.
73     The ordinance must restrict such vehicles or devices to a
74     maximum speed of 15 miles per hour in such areas.
75          Section 4.    Paragraph (b) of subsection (1) of section
76     316.027, Florida Statutes, is amended to read:
77          316.027    Crash involving death or personal injuries.—
78          (1)    As used in this section, the term:
79          (b)    "Vulnerable road user" means:
80          1.    A pedestrian, including a person actually engaged in
81     work upon a highway, or in work upon utility facilities along a
82     highway, or engaged in the provision of emergency services
83     within the right-of-way;
84          2.    A person operating a bicycle, an electric bicycle, a
85     motorcycle, a scooter, or a moped lawfully on the roadway;
86          3.    A person riding an animal; or
87          4.    A person lawfully operating on a public right-of-way,
88     crosswalk, or shoulder of the roadway:
89          a.    A farm tractor or similar vehicle designed primarily
90     for farm use;
91          b.    A skateboard, roller skates, or in-line skates;
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92           c.    A horse-drawn carriage;
93           d.    An electric personal assistive mobility device; or
94           e.    A wheelchair.
95           Section 5.    Subsection (1) of section 316.083, Florida
96      Statutes, is amended to read:
97           316.083    Overtaking and passing a vehicle.—The following
98      rules shall govern the overtaking and passing of vehicles
99      proceeding in the same direction, subject to those limitations,
100     exceptions, and special rules hereinafter stated:
101          (1)    The driver of a vehicle overtaking another vehicle
102     proceeding in the same direction shall give an appropriate
103     signal as provided for in s. 316.156, shall pass to the left
104     thereof at a safe distance, and shall not again drive to the
105     right side of the roadway until safely clear of the overtaken
106     vehicle. The driver of a vehicle overtaking a bicycle or other
107     nonmotorized vehicle, or an electric bicycle, must pass the
108     bicycle, or other nonmotorized vehicle, or electric bicycle at a
109     safe distance of not less than 3 feet between the vehicle and
110     the bicycle, or other nonmotorized vehicle, or electric bicycle.
111          Section 6.    Section 316.1995, Florida Statutes, is amended
112     to read:
113          316.1995     Driving upon sidewalk or bicycle path.—
114          (1)    Except as provided in s. 316.008, s. 316.20655, s.
115     316.212(8), or s. 316.2128, a person may not drive any vehicle
116     other than by human power upon a bicycle path, sidewalk, or
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                                                    Bill No. HB 971     (2020)
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117     sidewalk area, except upon a permanent or duly authorized
118     temporary driveway.
119          (2)   A violation of this section is a noncriminal traffic
120     infraction, punishable as a moving violation as provided in
121     chapter 318.
122          (3)   This section does not apply to motorized wheelchairs.
123          Section 7.    Paragraph (d) of subsection (2) of section
124     316.2065, Florida Statutes, is amended to read:
125          316.2065     Bicycle regulations.—
126          (3)
127          (d)   A bicycle rider or passenger who is under 16 years of
128     age must wear a bicycle helmet that is properly fitted and is
129     fastened securely upon the passenger's head by a strap and that
130     meets the federal safety standard for bicycle helmets, final
131     rule, 16 C.F.R. part 1203. A helmet purchased before October 1,
132     2012, which meets the standards of the American National
133     Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
134     standards of the Snell Memorial Foundation (1984 Standard for
135     Protective Headgear for Use in Bicycling), or any other
136     nationally recognized standards for bicycle helmets adopted by
137     the department may continue to be worn by a bicycle rider or
138     passenger until January 1, 2016. As used in this subsection, the
139     term "passenger" includes a child who is riding in a trailer or
140     semitrailer attached to a bicycle.
141          Section 8.    Section 316.20655, Florida Statutes, is created
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                                                    Bill No. HB 971   (2020)
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142     to read:
143          316.20655   Electric bicycle regulations.—
144          (1)   Except as otherwise provided in this section, an
145     electric bicycle or an operator of an electric bicycle shall be
146     afforded all the rights and privileges, and be subject to all of
147     the duties, of a bicycle or the operator of a bicycle, including
148     s. 316.2065. An electric bicycle is a vehicle to the same extent
149     as a bicycle. However, this section may not be construed to
150     prevent a local government, through the exercise of its powers
151     under s.316.008, from adopting an ordinance governing the
152     operation of electric bicycles on streets, highways, sidewalks,
153     and sidewalk areas under the local government's jurisdiction.
154
155           -----------------------------------------------------
156                        T I T L E   A M E N D M E N T
157          Remove lines 7-14 and insert:
158     "electric bicycle"; amending s. 316.008, F.S.; authorizing local
159     authorities to regulate the operation of electric bicycles;
160     amending s. 316.027, F.S.; revising the definition of the term
161     "vulnerable road user"; amending s. 316.083, F.S.; requiring the
162     driver of a vehicle overtaking an electric bicycle to pass the
163     electric bicycle at a certain distance; amending s. 316.1995,
164     F.S.; expanding exceptions to a prohibition on persons driving
165     certain vehicles on sidewalks and bicycle paths; amending s.


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166     316.2065, F.S.; removing outdated standards for bicycle helmets;
167     creating s. 316.20655,




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HB 1039
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1039 Transportation Network Companies
SPONSOR(S): Rommel
TIED BILLS:       IDEN./SIM. BILLS: SB 1352

    REFERENCE                                                        ACTION                   ANALYST              STAFF DIRECTOR or
                                                                                                                   BUDGET/POLICY CHIEF

    1) Transportation & Infrastructure Subcommittee                                           Roth                 Vickers

    2) Insurance & Banking Subcommittee

    3) State Affairs Committee

                                                         SUMMARY ANALYSIS
A transportation network company (TNC) is an entity that uses a digital network to connect a rider to a TNC
driver, who provides prearranged rides. With certain exceptions, a “for-hire vehicle” means any motor vehicle
used for transporting persons or goods for compensation, or let or rented to another for consideration. There
are different regulatory and insurance requirements in place for TNCs and for-hire vehicles.

The bill defines “luxury ground transportation network company” to mean a company that uses its digital
network to connect riders exclusively to drivers who operate for-hire vehicles, including limousines and luxury
sedans. The bill requires luxury ground TNCs to comply with all of the requirements applicable to a TNC, and
requires maintenance of specific insurance coverage at all times.

The bill defines “transportation network company digital advertising device” to mean a device no larger than 20
inches tall and 54 inches long that is fixed to the roof of a TNC vehicle and that displays advertisements on a
digital screen only while the TNC vehicle is turned on. The bill provides additional requirements for the use and
display of a TNC digital advertising device.

The bill provides that a luxury ground TNC is not considered a for-hire vehicle and that the regulation of luxury
ground TNCs, luxury ground TNC drivers, and luxury ground TNC vehicles is preempted to the state.

The bill may have a fiscal impact on the Department of Financial Services. To the extent that local
governments currently collect revenue from regulation of digital advertising on vehicles, or fees from regulation
of limousines and luxury sedans, that revenue will be negatively impacted. See Fiscal Analysis section for
details.




                                                             FULL ANALYSIS



This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1039.TIS
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                                                 I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Transportation Network Companies
         In 2017, the Legislature established a regulatory framework for transportation network companies
         (TNCs).1 The law defines a “TNC” as an entity operating in this state that uses a digital network to
         connect a rider2 to a TNC driver, who provides prearranged rides. A TNC is not deemed to own,
         control, operate, direct, or manage the TNC vehicles or TNC drivers that connect to its digital network,
         except where agreed to by written contract, and is not a taxicab association or for-hire vehicle owner.
         The term does not include entities arranging nonemergency medical transportation for individuals who
         qualify for Medicaid or Medicare pursuant to a contract with the state or a managed care organization.

         A “TNC vehicle” is defined as a vehicle that is used by a TNC driver to offer or provide a prearranged
         ride and that is owned, leased, or otherwise authorized to be used by the TNC driver. A vehicle that is
         let or rented to another for consideration may be used as a TNC vehicle. The law specifies that a
         taxicab, jitney, limousine, or for-hire vehicle is not a TNC vehicle.

         A “prearranged ride” is defined as the provision of transportation by a TNC driver to a rider, beginning
         when a TNC driver accepts a ride requested by a rider through a digital network3 controlled by a TNC,
         continuing while the TNC driver transports the requesting rider, and ending when the last requesting
         rider departs from the TNC vehicle. The term does not include a taxicab, for-hire vehicle, or street hail4
         service and does not include ridesharing,5 carpool,6 or any other type of service in which the driver
         receives a fee that does not exceed the driver's cost to provide the ride.

         A “TNC driver” is defined as an individual who receives connections to potential riders and related
         services from a TNC and in return for compensation, uses a TNC vehicle to offer or provide a
         prearranged ride to a rider upon connection through a digital network. The law specifies that a TNC or
         TNC driver is not a common carrier, contract carrier, or motor carrier and does not provide taxicab or
         for-hire vehicle service. The law provides that a TNC driver is not required to register a TNC vehicle as
         a commercial motor vehicle or a for-hire vehicle. It requires the TNC's digital network to display the
         TNC driver’s photograph and the TNC vehicle’s license plate number before the rider enters the TNC
         vehicle.

         If a fare is collected from a rider, the law requires the TNC to disclose the fare or fare calculation
         method on its website or within the online-enabled technology application service before beginning the
         prearranged ride. If the fare is not disclosed, the rider must have the option to receive an estimated fare
         before beginning the prearranged ride. In addition, a TNC is required to transmit to the rider an



1
  Section 627.748, F.S.
2
  “Rider” means an individual who uses a digital network to connect with a TNC driver in order to obtain a prearranged ride in the
TNC driver’s TNC vehicle between points chosen by the rider.
3
  The term “digital network” means any online-enabled technology application service, website, or system offered or used by a TNC
that enables the prearrangement of riders with TNC drivers.
4
  The term “street hail” means an immediate arrangement on a street with a driver by a person using any method other than a digital
network to seek immediate transportation.
5
  Section 341.031(9)(a), F.S., defines “ridesharing” as an “arrangement between persons with a common destination, or destinations,
within the same proximity, to share the use of a motor vehicle on a recurring basis for round-trip transportation to and from their place
of employment or other common destination. For purposes of ridesharing, employment shall be deemed to commence when an
employee arrives at the employer's place of employment to report for work and shall be deemed to terminate when the employee
leaves the employer's place of employment, excluding areas not under the control of the employer. However, an employee shall be
deemed to be within the course of employment when the employee is engaged in the performance of duties assigned or directed by the
employer, or acting in the furtherance of the business of the employer, irrespective of location.”
6
  Section 450.28(3), F.S., defines “carpool” as “an arrangement made by the workers using one worker's own vehicle for
transportation to and from work and for which the driver or owner of the vehicle is not paid by any third person other than the
members of the carpool.”
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         electronic receipt within a reasonable period of time after the completion of a ride. The receipt must list
         the origin and destination of the ride, total time and distance of the ride, and total fare paid.

         A TNC is required to designate and maintain an agent for service of process in this state.7

         A TNC or TNC driver is not a common carrier, contract carrier, or motor carrier and does not provide
         taxicab or for-hire vehicle service. As a result, a TNC driver is not required to register the TNC vehicle
         as a commercial motor vehicle or a for-hire vehicle.8

         While a TNC driver is logged on to the digital network but is not engaged in a prearranged ride, the
         TNC or TNC driver must have automobile insurance that provides:9
            Primary automobile liability coverage of at least $50,000 for death and bodily injury per person,
                $100,000 for death and bodily injury per incident, and $25,000 for property damage; and
            Personal injury protection benefits that meet the minimum coverage amounts required under the
                Florida Motor Vehicle No-Fault Law.10

         When a TNC driver is engaged in a prearranged ride, the automobile insurance must provide:11
            Primary automobile liability coverage of at least $1 million for death, bodily injury, and property
               damage; and
            Personal injury protection benefits that meet the minimum coverage amounts required of a
               limousine under the Florida Motor Vehicle No-Fault Law.

         The coverage requirements may be satisfied by automobile insurance maintained by the TNC driver, an
         automobile insurance policy maintained by the TNC, or a combination of automobile insurance policies
         maintained by the TNC driver and the TNC.12

         The law preempts to the state the regulation of TNCs and specifies that a county, municipality, special
         district, airport authority, port authority, or other local governmental entity or subdivision may not:
              Impose a tax on or require a license for a TNC, TNC driver, or TNC vehicle if such tax or license
                  relates to providing prearranged rides;
              Subject a TNC, TNC driver, or TNC vehicle to any rate, entry, operation, or other requirement of
                  the county, municipality, special district, airport authority, port authority, or other local
                  governmental entity or subdivision; or
              Require a TNC or TNC driver to obtain a business license or any other type of similar
                  authorization to operate within the local governmental entity's jurisdiction.13

         For-Hire Vehicles
         With certain exceptions, offering for lease or rent any motor vehicle in the State of Florida qualifies the
         vehicle as a “for-hire vehicle.” A “for-hire vehicle” is a motor vehicle used for transporting persons or
         goods for compensation. When goods or passengers are transported for compensation in a motor
         vehicle outside a municipal corporation of this state, or when goods are transported in a motor vehicle
         not owned by the person owning the goods, such transportation is considered “for hire”. The carriage of
         goods and other personal property in a motor vehicle by a corporation or association for its
         stockholders, shareholders, and members, cooperative or otherwise, is transportation “for hire”.14

         Florida law provides specific financial responsibility requirements to for-hire vehicles. For-hire vehicles,
         such as taxis and limousines must maintain a motor vehicle liability policy with minimum limits of
         $125,000 per person for bodily injury, $250,000 per incident for bodily injury, and $50,000 for property
7
  Section 48.091, F.S., requires any corporation doing business in the state to have a registered agent and registered office in the state.
8
  Section 627.748(2), F.S.
9
  Section 627.748(7)(b), F.S.
10
   Sections 627.730-627.7405, F.S. The amount of insurance required is $10,000 for emergency medical disability, $2,500 non-
emergency medical, and $5,000 for death.
11
   Section 627.748(7)(c), F.S.
12
   Section 627.748(7)(b) & (c), F.S.
13
   Section 627.748(15), F.S.
14
   Section 320.01(15)(a), F.S.
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         damage.15 The owner or operator of a for-hire vehicle may also prove financial responsibility by
         providing satisfactory evidence of holding a motor vehicle liability policy issued by an insurance carrier,
         which is a member of the Florida Insurance Guaranty Association, or by providing a certificate of self-
         insurance.16

         Digital Advertising Device
         Certain companies allow taxi and TNC drivers to generate revenue through digital advertising via a
         digital smart screen on top of the taxi or TNC vehicle. The digital screen allows advertisers to run
         targeted, geofenced campaigns.17 There are currently digital advertising screens in use on vehicles in
         New York, Los Angeles, San Francisco, Chicago, and Dallas.18

         Digital advertising screens are installed on the roofs of motor vehicles owned or operated by individuals
         who commit to drive a minimum number of hours per week in certain urban markets. Drivers with digital
         advertising screens report earning an average of $300 a month, depending on how many hours are
         driven.19 One startup company reported that over a 12-month period its ads were responsible for 430
         million impressions a month, with over 650,000 hours of content played over 40,000 square miles of
         coverage. This company also reserves ten percent of unsold ad inventory for nonprofits and local
         government, such as Amber Alerts.

         Prohibition Against Certain Lights
         Section 316.2397, F.S., provides that a person may not drive any vehicle or equipment upon any
         highway in this state with any lamp or device thereon showing or displaying a red, red and white, or
         blue light visible from directly in front of the vehicle, except for certain exceptions, such as fire
         department vehicles and road maintenance equipment. This section expressly prohibits any vehicle or
         equipment, except police vehicles, from showing or displaying blue lights, except for Department of
         Corrections vehicles or county correctional agency vehicles when responding to emergencies. Flashing
         lights are prohibited on vehicles except:
              As a means of indicating a right or left turn, to change lanes, or to indicate that the vehicle is
                 lawfully stopped or disabled upon the highway;
              When a motorist intermittently flashes his or her vehicle’s headlamps at an oncoming vehicle
                 notwithstanding the motorist’s intent for doing so; and
              Flashing lamps authorized for bicycle riders and deceleration lighting systems on buses.

         Proposed Changes

         The bill defines a “luxury ground transportation network company” or “luxury ground TNC”, to mean a
         company that uses its digital network to connect riders exclusively to drivers who operate for-hire
         vehicles as defined in s. 320.01(15), F.S., including limousines and luxury sedans and excluding
         taxicabs. The entity may elect, upon written notification to the Department of Financial Services (DFS),
         to be regulated as a luxury ground TNC. A luxury ground TNC must comply with all of the requirements
         of s. 627.748 that are applicable to a TNC, including the preemption requirements, but is not required to
         comply with any requirements that prohibit the company from connecting riders to drivers who operate
         for-hire vehicles. At all times a luxury ground TNC must maintain insurance coverage at the levels at
         least equal to the greater of those required in s. 627.748, F.S., and those required of for-hire vehicles,
         regardless of whether the driver is operating as a for-hire vehicle driver or luxury ground TNC driver.
         However, a prospective luxury ground TNC that satisfies minimum financial responsibility requirements
         at the time of written notification to DFS by using self-insurance may continue to use self-insurance to
         satisfy the insurance requirements for a luxury ground TNC.


15
   Section 324.032(1), F.S.
16
   Section 324.031, F.S.
17
   Anthony Ha, Rideshare Advertising Startup Firefly Launches with $21.5M in Funding, Techcrunch.com (December 6, 2018),
available at https://techcrunch.com/2018/12/06/firefly-launch/ (last visited January 22, 2020).
18
   See Firefly.com, available at https://fireflyon.com/ (last visited January 22, 2020).
19
   Sarah Holder, Car-Mounted Ads Take a New Direction: Data Collection, Citylab.com (November 20, 2019), available at
https://www.citylab.com/transportation/2019/11/firefly-digital-advertising-driver-pay-uber-lyft-cars-data/602077/ (last visited January
22, 2020).
STORAGE NAME: h1039.TIS                                                                                                        PAGE: 4
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         A luxury ground transportation network company is not considered a for-hire vehicle for purposes of
         Ch. 627, F.S. In order for the bill’s definition of “luxury ground transportation network company” to be
         compatible with current law, the bill makes conforming changes to the definitions of “prearranged ride”,
         “transportation network company’, and “transportation network company vehicle”, by removing
         references to “for-hire vehicle”, “for-hire vehicle owner”, and “limousine”. Additionally, the reference to
         “for-hire vehicle” is removed from the provision of law that states that a TNC or TNC driver is not
         considered a common carrier and does not have to register a TNC vehicle as a commercial motor
         vehicle or vehicle for-hire.

         Lastly, the bill preempts to the state the regulation of luxury ground TNCs, luxury ground TNC drivers,
         and luxury ground TNC vehicles.

         The bill also defines a “transportation network company digital advertising device” or “TNC digital
         advertising device” to mean a device no larger than 20 inches tall and 54 inches long that is fixed to the
         roof of a TNC vehicle and that displays advertisements on a digital screen only while the TNC vehicle is
         turned on.

         The bill provides the following requirements for a TNC digital advertising device:
             A TNC driver may contract with an individual or company to install a TNC digital advertising
                 device on a TNC vehicle.
             A TNC digital advertising device must be enabled with wireless Internet access and equipped
                 with GPS.
             A TNC digital advertising device may not display advertisements when the TNC vehicle is
                 parked or turned off.
             A TNC digital advertising device must follow the lighting requirements of s. 316.2397, F.S.
             No portion of the TNC digital advertising device may extend beyond the front or rear windshield
                 of the vehicle, nor may it impact the TNC driver's vision.
             A TNC digital advertising device must display advertisements only on the sides of the device
                 and not to the front or rear of the vehicle. Identification of the provider does not constitute
                 advertising.
             A TNC digital advertising device must meet the requirements of the MIL-STD-810G standard,20
                 as determined through independent safety and durability testing under the review of a licensed
                 professional engineer, before being installed on a TNC vehicle.
             A TNC digital advertising device may not display advertisements for illegal products or services
                 or advertisements that include nudity, violent images, or disparaging or false advertisements.
             An individual or company operating a TNC digital advertisement device shall allocate 10 percent
                 of all advertisement inventory for government, not-for-profit, or charitable organizations at no
                 cost.
             For the purposes of chapter 627, F.S., a TNC advertising device shall be deemed part of a TNC
                 vehicle.

         As a result of the inclusion of a TNC digital advertising device as part of a TNC vehicle, the regulation
         of a TNC digital advertising device is preempted to the state.


     B. SECTION DIRECTORY:
         Section 1: Amends s. 627.748, F.S., relating to transportation network companies.

         Section 2: Provides that the act will take effect upon becoming a law.


                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT



20
  MIL-STD-810G is a U.S. military specification that guarantees a level of durability for a piece of technology. Specifically, it means
the equipment has gone through a series of 29 tests, including shock tests, vibration tests, and more.
STORAGE NAME: h1039.TIS                                                                                                        PAGE: 5
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   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill will likely have no impact on state government revenues.

       2. Expenditures:
           The bill may have a fiscal impact on DFS, but the impact is unknown at this time.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill preempts to the state the regulation of luxury ground TNCs and TNC digital advertising
           devices. To the extent municipalities, counties, and other governmental entities are imposing fees
           on luxury ground TNCs and TNC digital advertising devices, they will experience an indeterminate
           fiscal impact.

       2. Expenditures:
           The bill will likely have no impact on local government expenditures.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill authorizes the use of TNC digital advertising devices thus enabling TNC drivers to install the
       devices and earn additional monthly revenue.

   D. FISCAL COMMENTS:
       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply
          because this bill reduces the ability of a county or municipality to raise revenue; however, an
          exception may apply since the bill is expected to have an insignificant fiscal impact.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.


   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1039.TIS                                                                                   PAGE: 6
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           HB 1039                                                                                               2020




    1                                         A bill to be entitled
    2                An act relating to transportation network companies;
    3                amending s. 627.748, F.S.; revising and providing
    4                definitions; deleting for-hire vehicles from the list
    5                of vehicles that are not considered TNC carriers or
    6                are not exempt from certain registration; authorizing
    7                TNC drivers to contract for installment of TNC digital
    8                advertising devices; providing requirements for such
    9                devices; requiring operators of such devices to
10                   allocate a specified percentage of advertisement
11                   inventory to certain organizations; providing
12                   construction; authorizing entities to be regulated as
13                   luxury ground TNCs; providing requirements; providing
14                   that luxury ground TNCs, luxury ground TNC drivers,
15                   and luxury ground TNC vehicles are governed by state
16                   law; providing an effective date.
17
18         Be It Enacted by the Legislature of the State of Florida:
19
20                   Section 1.       Paragraph (f) of subsection (1), subsections
21         (11) through (14), and subsection (15) of section 627.748,
22         Florida Statutes, are redesignated as paragraph (g) of
23         subsection (1), subsections (12) through (15), and subsection
24         (17), respectively, paragraphs (b) and (e) and present paragraph
25         (g) of subsection (1), subsection (2), and paragraph (a) of

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        HB 1039                                                                                               2020




26      present subsection (15) are amended, and a new subsection (11)
27      and subsection (16) are added to that section, to read:
28                627.748     Transportation network companies.—
29                (1)     DEFINITIONS.—As used in this section, the term:
30                (b)     "Prearranged ride" means the provision of
31      transportation by a TNC driver to a rider, beginning when a TNC
32      driver accepts a ride requested by a rider through a digital
33      network controlled by a transportation network company,
34      continuing while the TNC driver transports the rider, and ending
35      when the last rider exits from and is no longer occupying the
36      TNC vehicle. The term does not include a taxicab, for-hire
37      vehicle, or street hail service and does not include ridesharing
38      as defined in s. 341.031, carpool as defined in s. 450.28, or
39      any other type of service in which the driver receives a fee
40      that does not exceed the driver's cost to provide the ride.
41                (e)     "Transportation network company" or "TNC" means an
42      entity operating in this state pursuant to this section using a
43      digital network to connect a rider to a TNC driver, who provides
44      prearranged rides. A TNC is not deemed to own, control, operate,
45      direct, or manage the TNC vehicles or TNC drivers that connect
46      to its digital network, except where agreed to by written
47      contract, and is not a taxicab association or for-hire vehicle
48      owner. An individual, corporation, partnership, sole
49      proprietorship, or other entity that arranges medical
50      transportation for individuals qualifying for Medicaid or

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        HB 1039                                                                                               2020




51      Medicare pursuant to a contract with the state or a managed care
52      organization is not a TNC. This section does not prohibit a TNC
53      from providing prearranged rides to individuals who qualify for
54      Medicaid or Medicare if it meets the requirements of this
55      section.
56                (f)      "Transportation network company digital advertising
57      device" or "TNC digital advertising device" means a device no
58      larger than 20 inches tall and 54 inches long that is fixed to
59      the roof of a TNC vehicle and that displays advertisements on a
60      digital screen only while the TNC vehicle is turned on.
61                (h)(g)      "Transportation network company vehicle" or "TNC
62      vehicle" means a vehicle that is not a taxicab or, jitney,
63      limousine, or for-hire vehicle as defined in s. 320.01(15) and
64      that is:
65                1.      Used by a TNC driver to offer or provide a prearranged
66      ride; and
67                2.      Owned, leased, or otherwise authorized to be used by
68      the TNC driver.
69
70      Notwithstanding any other provision of law, a vehicle that is
71      let or rented to another for consideration may be used as a TNC
72      vehicle.
73                (2)      NOT OTHER CARRIERS.—A TNC or TNC driver is not a
74      common carrier, contract carrier, or motor carrier and does not
75      provide taxicab or for-hire vehicle service. In addition, a TNC

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         HB 1039                                                                                               2020




76       driver is not required to register the vehicle that the TNC
77       driver uses to provide prearranged rides as a commercial motor
78       vehicle or a for-hire vehicle.
79                 (11)        TRANSPORTATION NETWORK COMPANY DIGITAL ADVERTISING
80       DEVICE.—
81                 (a)     A TNC driver may contract with an individual or
82       company to install a TNC digital advertising device on a TNC
83       vehicle.
84                 (b)     A TNC digital advertising device must be enabled with
85       wireless Internet access and equipped with GPS.
86                 (c)     A TNC digital advertising device may not display
87       advertisements when the TNC vehicle is parked or turned off.
88                 (d)     A TNC digital advertising device must follow the
89       lighting requirements of s. 316.2397.
90                 (e)     No portion of the TNC digital advertising device may
91       extend beyond the front or rear windshield of the vehicle, nor
92       may it impact the TNC driver's vision.
93                 (f)     A TNC digital advertising device must display
94       advertisements only on the sides of the device and not to the
95       front or rear of the vehicle. Identification of the provider
96       does not constitute advertising under this paragraph.
97                 (g)     A TNC digital advertising device must meet the
98       requirements of the MIL-STD-810G standard, as determined through
99       independent safety and durability testing under the review of a
100      licensed professional engineer, before being installed on a TNC

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         HB 1039                                                                                               2020




101      vehicle.
102                (h)      A TNC digital advertising device may not display
103      advertisements for illegal products or services or
104      advertisements that include nudity, violent images, or
105      disparaging or false advertisements.
106                (i)      An individual or company operating a TNC digital
107      advertisement device shall allocate 10 percent of all
108      advertisement inventory for government, not-for-profit, or
109      charitable organizations at no cost.
110                (j)      For the purposes of this chapter, a TNC advertising
111      device shall be deemed part of a TNC vehicle.
112                (16)        LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
113                (a)      As used in this subsection, the term "luxury ground
114      transportation network company" or "luxury ground TNC" means a
115      company that:
116                1.      Meets the requirements of paragraph (b).
117                2.      Notwithstanding other provisions of this section, uses
118      its digital network to connect riders exclusively to drivers who
119      operate for-hire vehicles as defined in s. 320.01(15), including
120      limousines and luxury sedans and excluding taxicabs.
121                (b)      An entity may elect, upon written notification to the
122      department, to be regulated as a luxury ground TNC. A luxury
123      ground TNC must:
124                1.      Comply with all of the requirements of this section
125      applicable to a TNC, including subsection (17), that do not

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         HB 1039                                                                                               2020




126      conflict with subparagraph 2. or that prohibit the company from
127      connecting riders to drivers who operate for-hire vehicles as
128      defined in 320.01(15), including limousines and luxury sedans
129      and excluding taxicabs.
130                2.      Maintain at all times insurance coverage at the levels
131      at least equal to the greater of those required in this section
132      and those required of for-hire vehicles, regardless of whether
133      the driver is operating as a for-hire vehicle driver or luxury
134      ground TNC driver. However, a prospective luxury ground TNC that
135      satisfies minimum financial responsibility at the time of
136      written notification to the department through compliance with
137      s. 324.032(2) by using self-insurance may continue to use self-
138      insurance to satisfy the requirements of this subparagraph.
139                (17)(15)        PREEMPTION.—
140                (a)      It is the intent of the Legislature to provide for
141      uniformity of laws governing TNCs, TNC drivers, and TNC
142      vehicles, luxury ground TNCs, luxury ground TNC drivers, and
143      luxury ground TNC vehicles throughout the state. TNCs, TNC
144      drivers, and TNC vehicles, luxury ground TNCs, luxury ground TNC
145      drivers, and luxury ground TNC vehicles are governed exclusively
146      by state law, including in any locality or other jurisdiction
147      that enacted a law or created rules governing TNCs, TNC drivers,
148      or TNC vehicles, luxury ground TNCs, luxury ground TNC drivers,
149      or luxury ground TNC vehicles before July 1, 2017. A county,
150      municipality, special district, airport authority, port

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         HB 1039                                                                                               2020




151      authority, or other local governmental entity or subdivision may
152      not:
153                1.      Impose a tax on, or require a license for, a TNC, a TNC
154      driver, or a TNC vehicle, a luxury ground TNC, a luxury ground
155      TNC driver, or a luxury ground TNC vehicle if such tax or
156      license relates to providing prearranged rides;
157                2.      Subject a TNC, a TNC driver, or a TNC vehicle, a luxury
158      ground TNC, a luxury ground TNC driver, or a luxury ground TNC
159      vehicle to any rate, entry, operation, or other requirement of
160      the county, municipality, special district, airport authority,
161      port authority, or other local governmental entity or
162      subdivision; or
163                3.      Require a TNC, or a TNC driver, a luxury ground TNC, or
164      a luxury ground TNC driver to obtain a business license or any
165      other type of similar authorization to operate within the local
166      governmental entity's jurisdiction.
167                Section 2.       This act shall take effect upon becoming a law.




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                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1039   (2020)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:        Transportation &
2      Infrastructure Subcommittee
3      Representative Rommel offered the following:
4
5           Amendment (with directory and title amendments)
6           Remove lines 79-134 and insert:
7           (7)    TRANSPORTATION NETWORK COMPANY AND TNC DRIVER
8      INSURANCE REQUIREMENTS.—
9           (b)    The following automobile insurance requirements apply
10     while a participating TNC driver is logged on to the digital
11     network but is not engaged in a prearranged ride:
12          1.    Automobile insurance that provides:
13          a.    A primary automobile liability coverage of at least
14     $50,000 for death and bodily injury per person, $100,000 for
15     death and bodily injury per incident, and $25,000 for property
16     damage;
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1039     (2020)
       Amendment No.


17           b.    Personal injury protection benefits that meet the
18     minimum coverage amounts required under ss. 627.730-627.7405;
19     and
20           c.    Uninsured and underinsured vehicle coverage as required
21     by s. 627.727.
22           2.    The coverage requirements of this paragraph may be
23     satisfied by any of the following:
24           a.    Automobile insurance maintained by the TNC driver or
25     the TNC vehicle owner;
26           b.    Automobile insurance maintained by the TNC; or
27           c.    A combination of sub-subparagraphs a. and b.
28           (c)    The following automobile insurance requirements apply
29     while a TNC driver is engaged in a prearranged ride:
30           1.    Automobile insurance that provides:
31           a.    A primary automobile liability coverage of at least $1
32     million for death, bodily injury, and property damage;
33           b.    Personal injury protection benefits that meet the
34     minimum coverage amounts required of a limousine under ss.
35     627.730-627.7405; and
36           c.    Uninsured and underinsured vehicle coverage as required
37     by s. 627.727.
38           2.    The coverage requirements of this paragraph may be
39     satisfied by any of the following:
40           a.    Automobile insurance maintained by the TNC driver or
41     the TNC vehicle owner;
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                                             COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1039    (2020)
       Amendment No.


42            b.     Automobile insurance maintained by the TNC; or
43            c.     A combination of sub-subparagraphs a. and b.
44            (11)     TRANSPORTATION NETWORK COMPANY DIGITAL ADVERTISING
45     DEVICE.—
46            (a)     A TNC driver or his or her designee may contract with
47     a company to install a TNC digital advertising device on a TNC
48     vehicle.
49            (b)     A TNC digital advertising device may be enabled with
50     cellular or WiFi-enabled data transmission and equipped with
51     GPS.
52            (c)     A TNC digital advertising device may display
53     advertisements only when the TNC vehicle is turned on.
54            (d)     A TNC digital advertising device must follow the
55     lighting requirements of s. 316.2397.
56            (e)     No portion of the TNC digital advertising device may
57     extend beyond the front or rear windshield of the vehicle, nor
58     may it impact the TNC driver's vision.
59            (f)     A TNC digital advertising device must display
60     advertisements only to the sides of the vehicle and not to the
61     front or rear of the vehicle. Identification of the provider
62     does not constitute advertising under this paragraph.
63            (g)     A TNC digital advertising device must, at a minimum,
64     meet the requirements of the MIL-STD-810G standard or other
65     reasonable environmental and safety industry standard before
66     being installed on a TNC vehicle.
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                                                   Bill No. HB 1039     (2020)
       Amendment No.


67          (h)     A TNC digital advertising device may not display
68     advertisements for illegal products or services or
69     advertisements that include nudity or violent images. All
70     advertisements displayed on a TNC digital advertising device are
71     subject to the Florida Deceptive and Unfair Trade Practices Act.
72          (i)1.     A TNC driver is immune from liability for the
73     display of an advertisement that violates this section or the
74     Florida Deceptive and Unfair Trade Practices Act unless the TNC
75     driver is the advertiser.
76          2.     The owner or operator of a TNC digital advertising
77     device that displays an advertisement that is in violation of
78     this section or the Florida Deceptive and Unfair Trade Practices
79     Act is immune from liability under this section and the Florida
80     Deceptive and Unfair Trade Practices Act for the violation if
81     the advertisement was displayed in good faith and without actual
82     knowledge of the violation, unless the advertiser is the same
83     person as the owner or operator.
84          (j)     For the purposes of this chapter, a TNC advertising
85     device shall be deemed part of a TNC vehicle.
86          (16)     LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
87          (a)     As used in this subsection, the term "luxury ground
88     transportation network company" or "luxury ground TNC" means a
89     company that:
90          1.     Meets the requirements of paragraph (b).


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                                                    Bill No. HB 1039   (2020)
        Amendment No.


91           2.    Notwithstanding other provisions of this section, uses
92      a digital network to connect riders exclusively to drivers who
93      operate for-hire vehicles as defined in s. 320.01(15), including
94      limousines and luxury sedans and excluding taxicabs.
95           (b)    An entity may elect, upon written notification to the
96      department, to be regulated as a luxury ground TNC. A luxury
97      ground TNC must:
98           1.    Comply with all of the requirements of this section
99      applicable to a TNC, including subsection (17), that do not
100     conflict with subparagraph 2. or that do not prohibit the
101     company from connecting riders to drivers who operate for-hire
102     vehicles as defined in 320.01(15), including limousines and
103     luxury sedans and excluding taxicabs.
104          2.    Maintain insurance coverage required in this section
105     when the luxury ground TNC driver is logged on to a digital
106     network or while the luxury ground TNC driver is engaged in a
107     prearranged ride. However, a prospective luxury ground TNC that
108
109           -----------------------------------------------------
110                     D I R E C T O R Y   A M E N D M E N T
111          Remove line 25 and insert:
112     (g) of subsection (1), subsection (2), paragraphs (b) and (c) of
113     subsection (7), and paragraph (a) of
114
115           -----------------------------------------------------
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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1039   (2020)
        Amendment No.


116                       T I T L E   A M E N D M E N T
117          Remove lines 6-11 and insert:
118          are not exempt from certain registration; revising
119          automobile insurance coverage requirements for TNCs
120          and TNC drivers; authorizing TNC drivers to contract
121          for installment of TNC digital advertising devices;
122          providing requirements for such devices; providing
123          that TNC drivers and owners and operators of TNC
124          digital advertising devices are immune from specified
125          liabilities under certain circumstances; providing




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HB 1281
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1281 Police Vehicles
SPONSOR(S): McGhee
TIED BILLS:       IDEN./SIM. BILLS:                      SB 1508

    REFERENCE                                                       ACTION                    ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Transportation & Infrastructure Subcommittee                                           Roth                Vickers

    2) Criminal Justice Subcommittee

    3) State Affairs Committee

                                                        SUMMARY ANALYSIS

In order for a person to knowingly offer for sale, sell, or exchange any vehicle that has been licensed,
registered, or used as a taxicab, police vehicle, or short-term-lease vehicle, the Department of Highway Safety
and Motor Vehicles must stamp, in a conspicuous place on the certificate of title of the vehicle, or its duplicate,
words stating the nature of the previous use of the vehicle.

While most law enforcement agencies have adopted policies relating to the removal of police markings before
selling their vehicles to the public, there are no statutory requirements for the removal of police markings.

The bill requires that before a person knowingly sells, exchanges, or transfers a police vehicle, a person must
remove any police markings from the vehicle and certify in writing to the purchaser, customer, or transferee the
fact that the vehicle has had the police markings removed.

The bill defines the term “police markings” to mean decals, stickers, or other markings attached or applied to a
police vehicle.

The bill will have an indeterminate but likely insignificant fiscal impact to state and local government
expenditures.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1281.TIS
DATE: 1/24/2020
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Once police vehicles reach a certain age or mile limit, many law enforcement agencies find it more cost
         effective to purchase new vehicles than continue to utilize older vehicles.1 Law enforcement agencies
         sometimes transition older vehicles to become administrative or training vehicles,2 or in many cases,
         they sell them.3 When Florida Highway Patrol decommissions its vehicles, it removes all emergency
         vehicle equipment and decals, and then paints over the tan portion of the marked vehicle using a
         protective enamel black paint that cannot be removed.4 While most law enforcement agencies have
         adopted policies relating to the removal of police markings before selling their vehicles to the public,
         there are no statutory requirements for the removal of police markings.

         In order for a person to knowingly offer for sale, sell, or exchange any vehicle that has been licensed,
         registered, or used as a taxicab, police vehicle,5 or short-term-lease vehicle, DHSMV must stamp, in a
         conspicuous place on the certificate of title of the vehicle, or its duplicate, words stating the nature of
         the previous use of the vehicle.6 A person (including any officer, agent, or employee of a person) who
         knowingly sells, exchanges, or offers to sell or exchange a taxicab, police vehicle, or short-term-lease
         vehicle contrary to the law specified above commits a misdemeanor of the second degree.7

         It is a first-degree misdemeanor for a person to falsely mislead or cause another person to believe that
         a vehicle is an official vehicle of a law enforcement or first responder agency.8 It is also a first-degree
         misdemeanor for any person to replicate a sheriff or sheriff deputy vehicle by using the color
         combination forest green and white or replicate an FHP vehicle by using the color combination black
         and tan in the same or similar color combination as law enforcement.9

         Effect of Proposed Changes

         The bill requires that before a person knowingly sells, exchanges, or transfers a police vehicle, a
         person must remove any police markings from the vehicle and certify in writing to the purchaser,
         customer, or transferee the fact that the vehicle has had the police markings removed.

         The bill defines the term “police markings” to mean decals, stickers, or other markings attached or
         applied to a police vehicle.




    B. SECTION DIRECTORY:



1
  Tom Kanewske, What to do With Old Police Vehicles?, Officer.com, (February 15, 2017), available at https://www.officer.com/on-
the-street/vehicles-equipment/article/12291284/what-to-do-with-old-police-vehicles (last visited January 20, 2020).
2
  Id.
3
  Thi Dao, How to Remarket Patrol Vehicles, Policemag.com (February 7, 2018), available at
https://www.policemag.com/342406/how-to-remarket-patrol-vehicles (last visited January 20, 2020).
4
  Email from Kevin Jacobs, Deputy Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, RE: HB 1281
(January 21, 2020).
5
  Section 319.14(1)(c)1., F.S., defines the term “police vehicle” to mean a motor vehicle owned or leased by the state or a county or
municipality and used in law enforcement.
6
  Section 319.14(1)(a), F.S.
7
  Section 319.14(5), F.S.
8
  Section 843.085(2)&(5), F.S.
9
  Sections 30.46 and 321.03, F.S.
STORAGE NAME: h1281.TIS                                                                                                       PAGE: 2
DATE: 1/24/2020
       Section 1: Amends s. 319.14, F.S., relating to sale of motor vehicles registered or used as taxicabs,
       police vehicles, lease vehicles, rebuilt vehicles, nonconforming vehicles, custom vehicles, or street rod
       vehicles; conversion of low-speed vehicles.

       Section 2: Provides an effective date of July 1, 2020.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           The bill does not appear to impact state government revenues.

       2. Expenditures:
           The bill may increase expenditures of state law enforcement agencies that are not currently
           removing police markings from police vehicles. However, the impact is indeterminate and likely
           insignificant, as most law enforcement agencies have already adopted policies relating to the
           removal of police markings before selling their vehicles.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           The bill does not appear to impact local government revenues.

       2. Expenditures:
           The bill may increase expenditures of local law enforcement agencies that are not currently
           removing police markings from police vehicles. However, the impact is indeterminate and likely
           insignificant, as most law enforcement agencies have already adopted policies relating to the
           removal of police markings before selling their vehicles.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply
          because this bill may increase the expenditures of a county or municipality; however, an exception
          may apply since the bill is expected to have an insignificant fiscal impact.

       2. Other:
          None.


   B. RULE-MAKING AUTHORITY:
       The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.

STORAGE NAME: h1281.TIS                                                                                   PAGE: 3
DATE: 1/24/2020
   C. DRAFTING ISSUES OR OTHER COMMENTS:
       Oher Comments: Law Enforcement Concerns
       Law enforcement representatives have expressed concerns with the vagueness of the definition of
       terms “police markings” and “other markings” and requested clarification on the intent of the written
       certification. Additionally, law enforcement representatives requested that there be an exception to the
       removal of police markings when the sale or transfer of the police vehicle is from one law enforcement
       agency to another.

                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1281.TIS                                                                                  PAGE: 4
DATE: 1/24/2020
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           HB 1281                                                                                               2020




    1                                         A bill to be entitled
    2                An act relating to police vehicles; amending s.
    3                319.14, F.S.; prohibiting a person from knowingly
    4                selling, exchanging, or transferring a police vehicle
    5                without removing any police markings from the vehicle
    6                and certifying that the police markings have been
    7                removed; defining the term "police markings";
    8                providing an effective date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                   Section 1.       Present subsections (5) through (10) of section
13         319.14, Florida Statutes, are redesignated as subsections (6)
14         through (11), respectively, a new subsection (5) is added to
15         that section, and present subsection (5) of that section is
16         republished, to read:
17                   319.14      Sale of motor vehicles registered or used as
18         taxicabs, police vehicles, lease vehicles, rebuilt vehicles,
19         nonconforming vehicles, custom vehicles, or street rod vehicles;
20         conversion of low-speed vehicles.—
21                   (5)     A person may not knowingly sell, exchange, or transfer
22         a police vehicle without, before consummating the sale,
23         exchange, or transfer, removing any police markings from the
24         vehicle and certifying in writing to the purchaser, customer, or
25         transferee the fact that the vehicle has had the police markings

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        HB 1281                                                                                               2020




26      removed. For purposes of this subsection, the term "police
27      markings" means decals, stickers, or other markings attached or
28      applied to a police vehicle.
29                (6)(5)      A person who knowingly sells, exchanges, or offers
30      to sell or exchange a motor vehicle or mobile home contrary to
31      this section or any officer, agent, or employee of a person who
32      knowingly authorizes, directs, aids in, or consents to the sale,
33      exchange, or offer to sell or exchange a motor vehicle or mobile
34      home contrary to this section commits a misdemeanor of the
35      second degree, punishable as provided in s. 775.082 or s.
36      775.083.
37                Section 2.       This act shall take effect July 1, 2020.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1281-00
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1281   (2020)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:        Transportation &
2      Infrastructure Subcommittee
3      Representative McGhee offered the following:
4
5           Amendment (with title amendment)
6           Remove lines 24-28 and insert:
7      vehicle and providing an official letter of notification from
8      the agency to the purchaser, customer, or transferee confirming
9      the fact that the vehicle has had the police markings removed.
10     For purposes of this subsection, the term "police markings"
11     means decals, stickers, distinctive paint schemes, or other
12     markings attached or applied to a police vehicle that identify
13     the vehicle as a police vehicle. Sales, exchanges, or transfers
14     of police vehicles between law enforcement agencies are exempt
15     from the requirements of this subsection.
16
     012617 - h1281-line24.docx
     Published On: 1/27/2020 6:37:13 PM
                                     Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1281   (2020)
       Amendment No.


17
18           -----------------------------------------------------
19                       T I T L E   A M E N D M E N T
20          Remove line 6 and insert:
21     and confirming that the police markings have been




     012617 - h1281-line24.docx
     Published On: 1/27/2020 6:37:13 PM
                                  Page 2 of 2
HB 1371
                                    HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1371 Traffic and Pedestrian Safety
SPONSOR(S): Fine and others
TIED BILLS:       IDEN./SIM. BILLS: SB 1000

    REFERENCE                                                       ACTION                    ANALYST             STAFF DIRECTOR or
                                                                                                                  BUDGET/POLICY CHIEF

    1) Transportation & Infrastructure Subcommittee                                           Roth                Vickers

    2) Transportation & Tourism Appropriations
       Subcommittee

    3) State Affairs Committee

                                                        SUMMARY ANALYSIS
Florida law provides the driver of a vehicle must stop for a pedestrian who is walking in the crosswalk at the
instruction of a traffic control signal or where signage indicates the driver must stop. If there are no traffic
control signals or signage in place at a crosswalk, the driver of a vehicle must yield to a pedestrian who is on
the half of the roadway on which the vehicle is traveling. If traffic control signals are in operation, pedestrians
may not cross at any place except in a marked crosswalk. If there is no crosswalk, pedestrians crossing a
roadway must yield to vehicles.

The Department of Transportation and local governments utilize various types of signals to indicate when
pedestrians may safely cross midblock crosswalks (crosswalks that are not at an intersection). Two types of
signals commonly used are a rectangular rapid flash beacon and a pedestrian hybrid beacon. The rectangular
rapid flash beacon consists of two rapidly and alternately flashing yellow rectangular LED lights that function as
a warning beacon. Pedestrians press the call button to activate the flashing lights, but should wait for motorists
to clear the intersection before they cross. The pedestrian hybrid beacon consists of three signal sections with
a circular yellow signal indication centered below two horizontally aligned circular red signal indications. The
pedestrian hybrid beacon is not illuminated until a pedestrian activates it and triggers the warning flashing
yellow lens on the major street. After a set amount of time, the indication changes to a solid yellow light to
inform drivers to prepare to stop. The beacon then displays a dual solid red light to drivers and a walking
person symbol to pedestrians on the crosswalk.

The bill requires that by October 1, 2024, an entity with jurisdiction over a public highway, street, or road must
install pedestrian hybrid beacons at any midblock crosswalk or must remove the midblock crosswalk in its
entirety. As of October 1, 2024, midblock crosswalks will no longer be authorized to use rectangular rapid flash
beacons. The state, county, city, or municipality with jurisdiction over the roadway with the midblock crosswalk
will be responsible for the cost.

The bill will likely have a significant fiscal impact to state and local governments. See Fiscal Analysis for
details.

This bill may be a county or municipality mandate requiring a two-thirds vote of the membership of the
House. See Section III.A.1 of the analysis.




This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1371.TIS
DATE: 1/25/2020
                                                       FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation

        Unless directed otherwise by a law enforcement officer, pedestrians are required to obey the
        instructions of official traffic control devices that are specifically applicable to pedestrians.1 If a sidewalk
        is provided, and no circumstances prevent a pedestrian’s use of the sidewalk, a pedestrian is prohibited
        from walking on a roadway that is paved for vehicular traffic.2 If a sidewalk is not provided, a
        pedestrian, when practicable, must walk only on the shoulder on the left side of the roadway in relation
        to the pedestrian’s direction of travel, facing traffic that may approach from the opposite direction.3

        The driver of a vehicle must stop for a pedestrian who is walking in the crosswalk at the instruction of a
        traffic control signal or where signage indicates the driver to stop. If there are no traffic control signals
        or signage in place at a crosswalk, the driver of a vehicle must yield to a pedestrian who is on the half
        of the roadway on which the vehicle is traveling.4 If traffic control signals are in operation, pedestrians
        cannot cross at any place except in a marked crosswalk.5 If there are no crosswalks, pedestrians
        crossing a roadway must yield to vehicles.6

        When pedestrian traffic control signals or signage is installed, such indicators must conform to the
        requirements of the most recent Manual on Uniform Traffic Control Devices (MUTCD).7 The MUTCD
        defines the standards used by road managers nationwide to install and maintain traffic control devices
        on all public streets, highways, bikeways, and private roads open to public travel. The Federal Highway
        Administration (FHWA) publishes the MUTCD.8

        The Florida Department of Transportation (DOT) and local governments utilize various types of signals
        to indicate when pedestrians may safely cross midblock crosswalks.9 Two types of signals commonly
        used by DOT and local governments are a rectangular rapid flash beacon (RRFB) and a pedestrian
        hybrid beacon.10 The RRFB consists of two rapidly and alternately flashing yellow rectangular LED
        lights that function as a warning beacon.11 Pedestrians press the call button to activate the flashing
        lights, but should wait for motorists to clear the intersection before they cross.12 The pedestrian hybrid
        beacon consists of three signal sections with a circular yellow signal indication centered below two
        horizontally aligned circular red signal indications.13 The pedestrian hybrid beacon is not illuminated
        until a pedestrian activates it and triggers the warning flashing yellow lens facing the street.14 After a set
        amount of time, the indication changes to a solid yellow light to inform drivers to prepare to stop.15 The
        beacon then displays a dual solid red light to drivers on the street and a walking person symbol to
        pedestrians on the crosswalk.16 At the conclusion of the walk phase, the beacon displays an alternating
1
  Section 316.130(1), F.S.
2
  Section 316.130(3), F.S.
3
  Section 316.130(4), F.S.
4
  Section 316.130(7), F.S.
5
  Section 316.130(11), F.S.
6
  Section 316.130(10), F.S.
7
  Section 316.0755, F.S.
8
  US Department of Transportation, Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), (updated
December 11, 2019), available at https://mutcd.fhwa.dot.gov/ (last visited January 23, 2020).
9
  Florida Department of Transportation, Pedestrian Facilities, available at https://www.fdot.gov/roadway/bikeped/bikepedpf.shtm
(last visited January 23, 2020).
10
   Id.
11
   Id.
12
   Id.
13
   US Department of Transportation, Safety Effectiveness of the HAWK Pedestrian Crossing Treatment (July 2010), available at
https://www.fhwa.dot.gov/publications/research/safety/10045/index.cfm (last visited January 23, 2020).
14
   Id.
15
   Id.
16
   Id.
STORAGE NAME: h1371.TIS                                                                                                     PAGE: 2
DATE: 1/25/2020
         flashing red light, and pedestrians are shown an upraised hand symbol with a countdown display
         informing them of the time remaining to cross the street.17

         In July 2008, the MUTCD was updated to provide interim approval via a memorandum18 to RRFBs for
         optional use in limited circumstances. The interim approval allows RRFBs usage as a warning beacon
         to supplement standard pedestrian crossing warning signs and markings at either a pedestrian or
         school crossing.19 The cost is approximately $10,000 to $15,000 for purchase and installation of two
         RRFB units (one on either side of a street).20 The FHWA will grant interim approval for the optional use
         of the RRFB as a warning beacon in addition to standard pedestrian crossing or school crossing signs
         at crosswalks to any jurisdiction that submits a written request to the Office of Transportation
         Operations.21 A state may request interim approval for all jurisdictions in that state.22

         As of October 2019, DOT reported at least 219 midblock crosswalks with RRFBs on the state highway
         system.23 It is unknown how many midblock crosswalks are in use statewide.24

         The process for installing a pedestrian hybrid beacon is set out in the MUTCD.25 A pedestrian hybrid
         beacon may be considered for installation to facilitate pedestrian crossings at a location that does not
         meet the requirements of a traffic signal need study,26 or at a location that meets the requirements of a
         traffic signal need study, but a decision is made not to install a traffic control signal.27 If certain traffic
         and pedestrian patterns exist,28 the need for a pedestrian hybrid beacon should be considered based
         on an engineering study of major-street volumes, speeds, widths, and gaps in conjunction with
         pedestrian volumes, walking speeds, and delay.29 The results of the engineering study will determine
         the necessity of the pedestrian hybrid beacon.30 If installed, the pedestrian hybrid beacon must be used
         in conjunction with signs and pavement markings to warn and control traffic at locations where
         pedestrians enter or cross a street or highway.31 A pedestrian hybrid beacon can only be installed at a
         marked crosswalk.32 When an engineering study finds that installation of a pedestrian hybrid beacon is
         justified, then at least two pedestrian hybrid beacon lights must be installed for each approach of the
         major street; a stop line must be installed for each approach to the crosswalk; and a pedestrian signal
         light must be installed at each end of the marked crosswalk.33 DOT reports that the conversion of five
         RRFBs to pedestrian hybrid beacons at midblock crosswalks in Destin cost $1,035,661.34

         Pedestrians who cross the street at midblock crosswalks are likely more susceptible to injury from
         contact with a motor vehicle than crosswalks at an intersection. As a result, many local and state
         governments are utilizing RRFBs to alert motor vehicle drivers that a pedestrian is crossing at a
         midblock crosswalk. However, some drivers do not stop at the crosswalk when the yellow lights are

17
   Id.
18
   See Memorandum of Interim Approval for Optional Use of Rectangular Rapid Flashing Beacons (IA-11) (July 16, 2008), available
at https://mutcd.fhwa.dot.gov/resources/interim_approval/ia11/fhwamemo.htm (last visited January 23, 2020).
19
   US Department of Transportation, Rectangular Rapid Flash Beacon (RRFB), available at
https://safety.fhwa.dot.gov/intersection/conventional/unsignalized/tech_sum/fhwasa09009/ (last visited January 23, 2020).
20
   Id.
21
   Memorandum of Interim Approval for Optional Use of Rectangular Rapid Flashing Beacons (IA-11), supra, at FN 18.
22
   Id.
23
   Email from Amanda Marsh, Legislative Specialist, Department of Transportation, RE: Midblock crosswalks, (October 18, 2019).
24
   Id.
25
   US Department of Transportation Federal Highway Administration, Manual on Uniform Traffic Control Devices for Streets and
Highways (2009 edition), Chapter 4F. Pedestrian Hybrid Beacons, p. 509 - 512, available at
https://mutcd.fhwa.dot.gov/pdfs/2009/mutcd2009edition.pdf (last visited January 23, 2020).
26
   See MUTCD Chapter 4C.
27
   Id. at p. 509.
28
   Such as gaps in traffic that are not adequate to permit pedestrians to cross, or if the speed for vehicles approaching on the major
street is too high to permit pedestrians to cross, or if pedestrian delay is excessive.
29
   Id.
30
   Id.
31
   Id.
32
   Id.
33
   Id.
34
   Email from Amanda Marsh, Legislative Specialist, Department of Transportation, RE: Midblock crosswalks, (October 22, 2019).
STORAGE NAME: h1371.TIS                                                                                                        PAGE: 3
DATE: 1/25/2020
        flashing, and pedestrians are left in a vulnerable position in the middle of the road. This occurrence has
        led to multiple injuries and deaths across the state, especially at locations near college campuses and
        along beaches.

                             Injury or Death to Non-Motorists at Midblock Crossings35
                              Injury Level                     2017    2018   2019
                              Midblock - Marked Crosswalk        263     262    247
                                 Pedestrian                      164     157    157
                                   Fatal (within 30 days)         12       6      5
                                   Incapacitating                 30      22     16
                                   Non-incapacitating             61      57     78
                                   Possible                       56      65     50
                                   None                             5      7      8
                                 Bicyclist                        99     105     90
                                   Fatal (within 30 days)           0      2      0
                                   Incapacitating                 15      12      9
                                   Non-incapacitating             33      44     40
                                   Possible                       45      39     36
                                   None                             6      8      5
                               As of 01/24/2020. 2019 statistics is preliminary and may change.

        Proposed Changes

        The bill creates s. 316.0756, F.S., and requires that by October 1, 2024, an entity with jurisdiction over
        a public highway, street, or road must install pedestrian hybrid beacons at any midblock crosswalk or
        must remove the midblock crosswalk in its entirety. As of October 1, 2024, midblock crosswalks will no
        longer be authorized to use RRFBs. The state, county, city, or municipality with jurisdiction over the
        roadway with the midblock crosswalk will be responsible for the cost.

     B. SECTION DIRECTORY:
        Section 1: Creates s. 316.0756, F.S., relating to traffic control signal devices and pedestrian control
        signals at crosswalks other than at intersections.

        Section 2: Provides an effective date of July 1, 2020.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            The bill will likely have no impact on state government revenues.

        2. Expenditures:
            The fiscal impact to DOT is indeterminate, but is likely significant.

     B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:


35
  Email from Kevin Jacobs, Deputy Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, RE:
non/motorists/midblock crosswalk stats, (January 24, 2020).
STORAGE NAME: h1371.TIS                                                                                                PAGE: 4
DATE: 1/25/2020
           The bill will likely have no impact on local government revenues.

       2. Expenditures:
           The fiscal impact to cities and counties is indeterminate, but is likely significant.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill will likely have no fiscal impact on the private sector.

   D. FISCAL COMMENTS:
       None.


                                                 III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          The county/municipality mandates provision of Art. VII, section 18, of the Florida Constitution may
          apply because this bill requires cities/counties to install specified traffic and pedestrian signals on
          roadways. This bill does not appear to qualify under any exemption or exception. If the bill does
          qualify as a mandate, the law must fulfill an important state interest and final passage must be
          approved by two-thirds of the membership of each house of the Legislature.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not provide a grant of rulemaking authority, nor does it require rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES




STORAGE NAME: h1371.TIS                                                                                      PAGE: 5
DATE: 1/25/2020
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           HB 1371                                                                                               2020




    1                                         A bill to be entitled
    2                An act relating to traffic and pedestrian safety;
    3                creating s. 316.0756, F.S.; requiring a pedestrian
    4                crosswalk on a public highway, street, or road which
    5                is located at any point other than at an intersection
    6                with another public highway, street, or road to be
    7                controlled by traffic control signal devices and
    8                pedestrian control signals that conform to specified
    9                requirements; providing coordination requirements for
10                   such devices and signals; requiring, by a specified
11                   date, the entity with jurisdiction over a public
12                   highway, street, or road with a certain pedestrian
13                   crosswalk to ensure that the crosswalk is controlled
14                   by coordinated traffic control signal devices and
15                   pedestrian control signals; authorizing such entity to
16                   alternatively remove any such crosswalk; providing an
17                   effective date.
18
19         Be It Enacted by the Legislature of the State of Florida:
20
21                   Section 1.        Section 316.0756, Florida Statutes, is created
22         to read:
23                   316.0756        Traffic control signal devices and pedestrian
24         control signals at crosswalks other than at intersections.—
25                   (1)     Notwithstanding any law to the contrary, a pedestrian

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        HB 1371                                                                                               2020




26      crosswalk on a public highway, street, or road which is located
27      at any point other than at an intersection with another public
28      highway, street, or road must be controlled by coordinated
29      traffic control signal devices and pedestrian control signals
30      that conform to the requirements of the most recent Manual on
31      Uniform Traffic Control Devices and other applicable Department
32      of Transportation specifications. Traffic control signal devices
33      and pedestrian control signals at crosswalk locations described
34      in this section must be coordinated according to all of the
35      following requirements:
36                (a)     Vehicular traffic approaching the crosswalk is
37      required to come to a complete stop before pedestrians are
38      permitted to enter the crosswalk.
39                (b)     Traffic control signal devices at intersections
40      adjacent to the crosswalk are taken into consideration as
41      provided in the most recent Manual on Uniform Traffic Control
42      Devices and other applicable Department of Transportation
43      specifications.
44                (2)     By October 1, 2024, the entity with jurisdiction over
45      a public highway, street, or road with a crosswalk described in
46      subsection (1) which is in existence on July 1, 2020, shall
47      ensure that such crosswalk is controlled by coordinated traffic
48      control signal devices and pedestrian control signals as
49      required under subsection (1). The entity with jurisdiction may
50      alternatively remove any such existing crosswalk.

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     CODING: Words stricken are deletions; words underlined are additions.
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F   L   O   R     I   D   A   H   O   U   S   E      O   F      R   E   P    R   E   S   E   N   T   A   T    I   V   E   S




        HB 1371                                                                                               2020




51                Section 2.       This act shall take effect July 1, 2020.




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                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 1371   (2020)
       Amendment No.




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                         (Y/N)
       ADOPTED AS AMENDED              (Y/N)
       ADOPTED W/O OBJECTION           (Y/N)
       FAILED TO ADOPT                 (Y/N)
       WITHDRAWN                       (Y/N)
       OTHER


1      Committee/Subcommittee hearing bill:        Transportation &
2      Infrastructure Subcommittee
3      Representative Fine offered the following:
4
5           Amendment (with title amendment)
6           Remove lines 30-50 and insert:
7      that conform to the requirements of Chapters 4D and 4E of the
8      most recent Manual on Uniform Traffic Control Devices and other
9      applicable Department of Transportation specifications. Traffic
10     control signal devices and pedestrian control signals at
11     crosswalk locations described in this section must be
12     coordinated according to all of the following requirements:
13          (a)    Vehicular traffic approaching the crosswalk is
14     required to come to a complete stop before pedestrians are
15     permitted to enter the crosswalk.
16          (b)    Traffic control signal devices at intersections
     219477 - h1371-line30.docx
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                                     Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1371   (2020)
       Amendment No.


17     adjacent to the crosswalk are taken into consideration as
18     provided in the most recent Manual on Uniform Traffic Control
19     Devices and other applicable Department of Transportation
20     specifications.
21          (2)   By October 1, 2024, the entity with jurisdiction over
22     a public highway, street, or road with a crosswalk described in
23     subsection (1) which is in existence on July 1, 2020, shall
24     ensure that such crosswalk is controlled by coordinated traffic
25     control signal devices and pedestrian control signals as
26     required under subsection (1). The entity with jurisdiction may
27     alternatively remove any such existing crosswalk.
28          Section 2.   The Legislature finds and declares that this
29     act fulfills an important state interest.
30
31           -----------------------------------------------------
32                        T I T L E   A M E N D M E N T
33          Remove line 16 and insert:
34     alternatively remove any such crosswalk; providing a declaration
35     of important state interest; providing an
36
37




     219477 - h1371-line30.docx
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