Transportation & Infrastructure Subcommittee Meeting Packet, February 4, 2020
Summary
The meeting packet for the Transportation & Infrastructure Subcommittee of the House of Representatives on Tuesday, February 4, 2020, 12:00 PM to 3:00 PM in Reed Hall (102 HOB), with Jose R. Oliva as Speaker and Brad Drake as Chair. The notice lists bills for consideration, including HB 377 Motor Vehicle Rentals, HB 435 Department of Highway Safety and Motor Vehicles, HB 503 Tampa Bay Area Regional Transit Authority Governing Board and HB 6083 Traffic Infraction Detectors. The packet then reproduces staff analyses and bill texts, starting with HB 377.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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Transportation & Infrastructure
Subcommittee
Tuesday, February 4, 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, February 04, 2020 12:00 pm
End Date and Time: Tuesday, February 04, 2020 03:00 pm
Location: Reed Hall (102 HOB)
Duration: 3.00 hrs
Consideration of the following bill(s):
HB 377 Motor Vehicle Rentals by Latvala
HB 435 Department of Highway Safety and Motor Vehicles by Valdés
HB 503 Tampa Bay Area Regional Transit Authority Governing Board by Diamond
HB 533 Child Restraint Requirements by Beltran
HB 951 Assaults on Specified Persons by Beltran
HB 977 Motor Vehicle Dealers by Rommel
HB 1315 Transportation by Fetterhoff
HB 1383 Motor Vehicle Manufacturers and Dealers by Latvala
HB 1441 Contracted Airport Projects by Maggard
HB 6083 Traffic Infraction Detectors by Rodriguez, A., Ingoglia
NOTICE FINALIZED on 01/31/2020 4:03PM by Denson.Tori
01/31/2020 4:03:21PM Leagis ® Page 1 of 1
HB 377
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 377 Motor Vehicle Rentals
SPONSOR(S): Latvala and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 478
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Infrastructure Subcommittee Roth Vickers
2) Ways & Means Committee
3) State Affairs Committee
SUMMARY ANALYSIS
Car owners interested in sharing their vehicles can register as a host on a peer-to-peer (P2P) sharing site.
These sites require photos of the car and help the owner determine a rental fee based on the location and type
of car. The host then specifies the car's availability. The host may choose to have the car picked up at his or
her house, deliver the vehicle, or have it picked up at an airport.
A $2 surcharge is imposed on any day or part of a day upon the lease or rental of a motor vehicle licensed for
hire and designed to carry less than nine passengers, regardless of whether the vehicle is licensed in Florida.
The surcharge is included in the lease or rental price on which sales tax is computed and must be listed
separately on the invoice. Businesses that collect the rental car surcharge are required to report surcharge
collections according to the county to which the surcharge was attributed. The surcharge is subject to all
applicable taxes imposed in Chapter 212, F.S.
The bill establishes statutory requirements for P2P vehicle-sharing, including the liabilities and insurance
obligations among participants in a vehicle-sharing agreement. In summary, the bill:
Defines terms, including “peer-to-peer vehicle sharing”, which is the authorized use of a P2P vehicle by
an individual other than the P2P vehicle owner through a P2P vehicle-sharing program.
Establishes insurance requirements for each party involved in vehicle sharing. During the period that
the owner is sharing the car to another driver, the vehicle-sharing program is responsible for providing
motor vehicle insurance at or above the statutory minimums for private passenger motor vehicles. It
coordinates coverage if there are multiple insurance policies involved and depending on the
circumstances. If the owner’s or driver’s policy lapses or is inadequate, the program is responsible for
the insurance requirements.
Authorizes motor vehicle insurers insuring the shared vehicle owner to exclude coverage for use of the
vehicle in car sharing.
Extends the current surcharge and subsequent sales tax on the lease or rental of a motor vehicle to
P2P vehicle-sharing programs.
Specifies recordkeeping requirements and retention periods.
Includes requirements for consumer protection notifications.
Addresses the repair, use, and non-use of motor vehicles under a safety recall notice.
The bill will likely have an indeterminate fiscal impact on state and local governments. See Fiscal Analysis for
details.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
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”.1
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
damage.2 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.3
For counties, to the extent not inconsistent with general or special law, the legislative and governing
body of a county has the power to carry on county government, including, but not restricted to, the
power to license and regulate taxis, jitneys, and limousines for hire, rental cars, and other passenger
vehicles for hire that operate in the unincorporated areas of the county.4
Peer-to-Peer Car-Sharing
Car owners interested in sharing their vehicles can register as a host on a peer-to-peer (P2P) sharing
site.5 Sites require photos of the car and help the owner determine a rental fee based on the location
and type of car. The host then specifies the car's availability. The host may choose to have the car
picked up at his or her house, deliver the vehicle, or have it picked up at an airport. Hosts typically
receive between 65 and 75 percent of the fees. Payments are typically through direct deposit.6
Guests also register with the P2P site. The site will conduct a background check and review the guests’
driving records before approving them. The process involves choosing an available car, reserving a
pick-up date and time, and providing credit card information if it is not already on file. At the end of the
sharing period, the guest replaces any consumed fuel before returning the car to its pickup location.7
One P2P sharing website reports that its company has users in 56 countries in over 5,500 cities across
the world. It also has over 850 makes and models of vehicles and offers up to $1 million in liability
insurance.8 In Florida, the same P2P company has over 611,000 residents signed up as guests and
23,000 hosts (of which 95 percent share two or fewer cars).9 The average trip duration is 4.4 days and
the average host earns $300 per month.10
1
Section 320.01(15)(a), F.S.
2
Section 324.032(1), F.S.
3
Section 324.031, F.S.
4
Section 125.01(1)(n), F.S.
5
Turo, Getaround, and Drift are examples of P2P car-sharing services.
6
Russ Heaps, The Good, Bad and Ugly of Peer-to-Peer Car Sharing, Autotrader, (February 2015), available at
https://www.autotrader.com/car-shopping/good-bad-and-ugly-peer-peer-car-sharing-234961 (last visited January 14, 2020).
7
Id.
8
Turo, About Turo, available at https://turo.com/about (last visited January 14, 2020).
9
Turo, Florida Fast Facts (on file with the Transportation & Infrastructure Subcommittee).
10
Id.
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Car-Sharing Service
“Car-sharing service” is a membership-based organization or business that requires the payment of an
application or membership fee and provides member access to motor vehicles:
Only at locations that are not staffed by car-sharing service personnel employed solely for the
purpose of interacting with car-sharing service members;
Twenty-four hours per day, seven days per week;
Only through automated means, which may include, but are not limited to, smartphone
applications or electronic membership cards;
On hourly or shorter increments;
Without a separate fee for refueling the motor vehicle;
Without a separate fee for minimum financial responsibility liability insurance; and
Owned or controlled by the car-sharing service or its affiliates.
The lease, rental, or usage of a motor vehicle for a location-owned, operated, or leased by or for the
benefit of an airport or airport authority is not eligible for the imposition of the surcharge for car-sharing
services in lieu of the standard rental car surcharge.11
Rental Car Surcharge
A $2 surcharge is imposed on any day or part of a day upon the lease or rental of a motor vehicle
licensed for hire and designed to carry less than nine passengers, regardless of whether the vehicle is
licensed in Florida.12 The surcharge is included in the lease or rental price on which sales tax is
computed and must be listed separately on the invoice. Businesses that collect the rental car surcharge
are required to report surcharge collections according to the county to which the surcharge was
attributed. The surcharge is subject to all applicable taxes imposed in Chapter 212, F.S.
The surcharge only applies to the first 30 days of the term of any lease or rental. If payment for the
lease or rental of a motor vehicle is made in Florida, the surcharge applies. The surcharge is not
imposed on leases or rentals to tax-exempt entities. Section 216.0606(4), F.S., exempts from payment
of the surcharge a motor vehicle provided at no charge to a person whose motor vehicle is being
repaired, adjusted, or serviced by the entity providing the replacement motor vehicle.
Section 212.0606(2), F.S., provides that if a member of a car-sharing service uses a motor vehicle
pursuant to an agreement with a car-sharing service for less than 24 hours, in lieu of the daily rental car
surcharge,13 a surcharge of $1.00 per use is imposed. If a member of a car-sharing service uses the
same motor vehicle for 24 consecutive hours or more, the surcharge of $2 per day or any part of a day
shall be imposed.
After deduction for administrative fees and the General Revenue Service Charge, the rental car
surcharge is distributed as follows:
80 percent to the State Transportation Trust Fund;
15.75 percent to the Tourism Promotional Trust Fund; and
4.25 percent to the Florida International Trade and Promotion Trust Fund.
The proceeds of the rental car surcharge are deposited into the State Transportation Trust Fund and
are allocated to each Department of Transportation district for transportation projects, based on the
amount of proceeds collected in the counties within each respective district.14
Revenue from Rental Car Surcharge for Fiscal Years 2013-202015
11
Section 212.0606(2), F.S.
12
Section 212.0606(1), F.S.
13
This surcharge is imposed pursuant to s. 212.0606(1), F.S.
14
Section 212.0606(3), F.S.
15
Florida Revenue Estimating Conference, 2019 Florida Tax Handbook, at 154, available at
http://edr.state.fl.us/Content/revenues/reports/tax-handbook/taxhandbook2019.pdf (last visited January 14, 2020).
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Fiscal Total** Annual State Tourism Florida
Year Collections Change % Transportation Promotional International
Trust Fund Trust Fund Trade and
Promotion
Trust Fund
2019-20 182,800,000 2.58% 146,200,000 28,800,000 7,800,000
2018-19* 178,200,000 3.02% 142,500,000 28,100,000 7,600,000
2017-18* 172,700,000 -0.96% 138,200,000 27,200,000 7,300,000
2016-17 174,367,779 -0.93% 139,492,736 27,464,097 7,410,947
2015-16 176,001,151 6.37% 140,800,921 27,731,681 7,468,549
2014-15 165,464,220 6.41% 132,371,376 26,060,615 7,032,229
2013-14 155,492,431 7.58% 124,393,945 24,490,058 6,608,428
* Estimate ** Excluding administrative fees and service charge
Motor Vehicle Insurance Requirements
Chapter 324, F.S., is the Financial Responsibility Law of 1955.16 Florida’s Financial Responsibility Law
requires proof of ability to pay monetary damages for bodily injury (BI) and property damage (PD)
liability arising out of a motor vehicle accident or serious traffic violation.17 The owner or operator of a
motor vehicle is not required to provide proof of BI coverage at the time of vehicle registration.
Motorcycle owners also are not required to provide proof of BI coverage at the time of registration.
Proof of such coverage is only required after an accident.18 At that time, a driver proves financial
responsibility by furnishing an active motor vehicle liability policy, a certificate showing a qualifying
security deposit with the Department of Highway Safety and Motor Vehicles (DHSMV), or proof of
qualifying self-insurance.19
The required minimum amounts of BI insurance coverages are $10,000, in the event of bodily injury to,
or death of, one person, and $20,000, in the event of bodily injury to, or death of, two or more
persons.20 The required minimum amount of PD insurance coverage is $10,000, in the event of
damage to property of others, or $30,000 combined for both BI and PD coverage.21 Some refer to these
coverage amounts in a summary manner, i.e., $10,000/$20,000/$10,000 or 10/20/10.
A driver’s license and vehicle registration are subject to suspension for failure to comply with the PD
coverage requirement.22 One may obtain a driver’s license and registration reinstatement by obtaining
a liability policy and by paying a fee to DHSMV.23
Financial responsibility requirements are common. All states have financial responsibility laws that
require persons involved in auto accidents (or serious traffic infractions) to furnish proof of BI and PD
liability insurance. The minimum coverage amounts vary among the states.
16
Section 324.251, F.S.
17
Chapter 324, F.S.
18
Sections 320.02 and 324.011, F.S.
19
Sections 324.031, 324.061, 324.161, and 324.171, F.S. Businesses that choose to self-insure the financial responsibility
requirements must deposit $30,000 per vehicle, up to a maximum of $120,000, with DHSMV and maintain excess insurance with
limits of $125,000/$250,000/$300,000. Individuals that choose to self-insure must deposit $30,000 with DHSMV. Individuals and
businesses can also obtain a certificate of self-insurance to satisfy the financial responsibility requirements. Individuals must have an
unencumbered net worth of $40,000 and businesses must have either an unencumbered net worth of $40,000 for the first vehicle and
$20,000 for each additional vehicle or a sufficient net worth determined by DHSMV by rule. Currently, the applicable rule provides
that $40,000 for the first vehicle and an amount less than $20,000 for each additional vehicle is sufficient if the applicant carries
excess insurance in the amounts of $25,000/$50,000/$100,000. The amount applicable to each additional vehicle is determined
annually under a “Manual of Financial Responsibility Rates” (Revised 05-89) adopted by rule by the Office of Insurance Regulation.
Rule 15A-3.011, F.A.C.
20
Section 324.021(7), F.S.
21
Section 324.022(1), F.S.
22
Section 324.0221(2), F.S. Failure to maintain PIP coverage will also result in suspension of the driver’s license and vehicle
registration.
23
Section 324.0221(3), F.S.
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Florida’s Motor Vehicle No-Fault Law (No-Fault Law)24 requires motorists to carry no-fault insurance
known as personal injury protection (PIP) coverage. The purpose of PIP coverage under the No-Fault
Law is to provide for medical, surgical, funeral, and disability insurance benefits without regard to who
is responsible for a motor vehicle accident. In return for assuring payment of these benefits, the No-
Fault Law provides limitations on the right to bring lawsuits arising from motor vehicle accidents. Florida
motorists are required to carry $10,000 of PIP coverage.25 However, motorcycles are excluded from
this requirement.
Effect of Proposed Changes
The bill specifies that car-sharing services, rental companies, and P2Ps are required to collect the $2
per day rental car surcharge plus applicable sales tax from the customer. However, a member of a car-
sharing service who uses the vehicle for less than 24 hours will only pay a $1 surcharge and there is no
surcharge imposed for the lease, rental, or use of a motor vehicle from a location owned, operated, or
leased by or for the benefit of an airport or airport authority.
The bill moves the imbedded definition of “car-sharing service” into a stand-alone definition and creates
definitions for the terms “dealer”, “motor vehicle rental company”, and “peer-to-peer vehicle-sharing
program”.
Additionally, the bill creates a new section of law for P2P vehicle-sharing programs in the insurance
code and creates definitions for, “peer-to-peer vehicle”, “peer-to-peer vehicle delivery period”, “peer-to-
peer vehicle driver”, “peer-to-peer vehicle owner”, “peer-to-peer vehicle sharing”, “peer-to-peer vehicle-
sharing period”, “peer-to-peer vehicle-sharing program agreement”, “peer-to-peer vehicle-sharing start
time”, and “peer-to-peer vehicle-sharing termination time”. These definitions clarify the insurance and
liability responsibilities when a car is shared on a P2P vehicle-sharing program website.
Car Sharing Insurance Requirements
The bill requires a P2P vehicle to be covered, at a minimum, by the same insurance requirements
required of all car owners and rental car companies in Florida. The required minimum amounts of BI
insurance coverages are $10,000, in the event of bodily injury to, or death of, one person, and $20,000,
in the event of bodily injury to, or death of, two or more persons. The required minimum amount of PD
insurance coverage is $10,000, in the event of damage to property of others, or $30,000 combined for
both BI and PD coverage.
The bill authorizes the required insurance on the car to be satisfied by the P2P vehicle owner, the P2P
vehicle driver, the P2P vehicle-sharing program, or a combination of the parties. The P2P vehicle-
sharing program assumes the liability of a P2P vehicle owner for BI or PD to third parties, uninsured
and underinsured motorist, or PIP losses during the P2P vehicle-sharing period in an amount stated in
the P2P vehicle-sharing program. However, the P2P vehicle-sharing program does not assume liability
when a P2P vehicle owner makes an intentional or fraudulent material representation or omission to
the P2P vehicle-sharing program and when a P2P vehicle owner acts in concert with a P2P vehicle
driver who fails to return the vehicle pursuant to the terms of the P2P vehicle-sharing program
agreement.
The P2P vehicle-sharing program must ensure that during each P2P vehicle-sharing period, the P2P
vehicle owner and driver are insured under a motor vehicle liability insurance policy that provides
insurance coverage in amounts no less than $10,000/$20,000/$10,000. If a dispute exists as to who
was in control of the P2P vehicle at the time of the loss and the P2P vehicle-sharing program does not
have or provide required documents, the P2P vehicle-sharing program must assume primary liability for
a claim when it is providing, in whole or in part, the required insurance.
24
Sections 627.730-627.7405, F.S.
25
Section 627.7275, F.S. Under Florida’s Financial Responsibility Law (Ch. 324, F.S.), motorists must also provide proof of ability to
pay monetary damages for Bodily Injury and Property Damage liability at the time of motor vehicle accidents or when serious traffic
violations occur. The Financial Responsibility Law requires $10,000, per person, and $20,000, per incident, of Bodily Injury coverage,
and $10,000 of Property Damage liability coverage.
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The bill requires the P2P vehicle-sharing program, at the time a vehicle owner registers a vehicle on
the site and before it is rented, to notify the P2P owner that, if the car is not paid off, using it on the P2P
vehicle-sharing program’s site may violate the terms of the contract with the lienholder of the vehicle.
Additionally, the bill clarifies that an authorized insurer may exclude coverage and the duty to defend or
indemnify any claim under the P2P vehicle owner’s motor vehicle liability insurance policy.
The bill requires the P2P vehicle-sharing program to collect and verify records regarding the use of
vehicles on their site including times used, fees paid by the P2P vehicle driver, and revenues received
by the P2P vehicle owner. The bill also requires the P2P vehicle-sharing program’s records to be made
available, upon the request of the P2P vehicle owner, the P2P owner’s insurer, or the P2P driver’s
insurer if there is a claim. Records must be retained for three years.
The bill authorizes a motor vehicle insurer that defends or indemnifies a claim arising from the
operation of a P2P vehicle that is excluded under the terms of the policy to seek contribution against
the P2P vehicle-sharing program for claims against the P2P vehicle owner or driver during the P2P
vehicle-sharing period. Lastly, the bill authorizes a P2P vehicle-sharing program to own and maintain,
as the named insured, one or more auto insurance policies for liabilities assumed by the P2P vehicle-
sharing program under agreement, liability of the P2P vehicle owner, damage or loss to the P2P
vehicle, or liability of the P2P vehicle driver.
Consumer Protections
Each P2P vehicle-sharing program agreement must disclose to the P2P vehicle owner and the P2P
vehicle driver:
Any right of the P2P vehicle-sharing program to seek indemnification from the P2P vehicle
owner or the P2P vehicle driver for economic loss resulting from a breach of the terms and
conditions of the P2P vehicle-sharing program agreement;
That a motor vehicle insurance policy issued to the P2P vehicle owner for the P2P vehicle or to
the P2P vehicle driver does not provide a defense or indemnification for any claim asserted by
the P2P vehicle-sharing program;
That the P2P vehicle-sharing program’s insurance coverage on the P2P vehicle owner and the
P2P vehicle driver is in effect only during each P2P vehicle-sharing period and that, for any use
of the P2P vehicle by the P2P vehicle driver after the P2P vehicle-sharing termination time, the
P2P vehicle driver and the P2P vehicle owner may not have insurance coverage;
The daily rate, fees, and, if applicable, any insurance or protection package costs that are
charged to the P2P vehicle owner or the P2P vehicle driver;
That the P2P vehicle owner’s motor vehicle liability insurance may exclude coverage for a P2P
vehicle;
An emergency telephone number of the personnel capable of fielding calls for roadside
assistance and other customer service inquiries; and
Any conditions under which a P2P vehicle driver must maintain a personal motor vehicle
insurance policy with certain applicable coverage limits on a primary basis in order to book a
P2P vehicle.
Responsibility for Equipment
A P2P car sharing program has sole responsibility for any equipment that is put in or on the P2P
vehicle to monitor or facilitate the P2P vehicle-sharing transaction, including a GPS system. The P2P
vehicle-sharing program must indemnify and hold harmless the P2P vehicle owner for any damage to
or theft of such equipment during the P2P vehicle-sharing period which is not caused by the P2P
vehicle owner. The P2P vehicle-sharing program may seek indemnity from the P2P vehicle driver for
any damage to or loss of such equipment which occurs outside of the P2P vehicle-sharing period.
Automobile Safety Recalls
At the time a motor vehicle owner registers as a P2P vehicle owner on a P2P vehicle-sharing program
and before the P2P vehicle owner may make a P2P vehicle available for P2P car sharing on the P2P
vehicle-sharing program, the P2P vehicle-sharing program must:
Verify that the P2P vehicle does not have any safety recalls on the vehicle for which the repairs
have not been made; and
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Notify the P2P vehicle owner that if the P2P vehicle owner:
o Has received an actual notice of a safety recall on the vehicle, he or she may not make a
vehicle available as a P2P vehicle on the P2P vehicle-sharing program until the safety recall
repair has been made;
o Receives an actual notice of a safety recall on a P2P vehicle while the P2P vehicle is made
available on the P2P vehicle-sharing program, he or she must remove the P2P vehicle’s
availability on the P2P vehicle-sharing program as soon as practicable after receiving the
notice of the safety recall and until the safety recall repair has been made; or
o Receives an actual notice of a safety recall while the P2P vehicle is in the possession of a
P2P vehicle driver, he or she must notify the P2P vehicle-sharing program about the safety
recall as soon as practicably possible after receiving the notice of the safety recall so that he
or she may address the safety recall repair.
Driver License Verification and Retention
A P2P vehicle-sharing program may not enter into a P2P vehicle-sharing program agreement with a
driver unless the driver:
Holds a driver license issued under ch. 322, F.S., which authorizes the driver to drive vehicles of
the class of the P2P vehicle;
Is a nonresident who:
o Holds a driver license issued by the state or country of the driver’s residence which
authorizes the driver in that state or country to drive vehicles of the class of the P2P vehicle;
and
o Is at least the same age as that required of a resident to drive; or
o Is otherwise specifically authorized by the Department of Highway Safety and Motor
Vehicles to drive vehicles of the class of the P2P vehicle.
A P2P vehicle-sharing program must keep a record of:
The name and address of the P2P vehicle driver;
The driver license number of the P2P vehicle driver and of any other person who will operate
the P2P vehicle; and
The place of issuance of the driver license.
B. SECTION DIRECTORY:
Section 1: Amends s. 212.0606, F.S., relating to rental car surcharge.
Section 2: Creates s. 627.747, F.S., relating to peer-to-peer vehicle-sharing program.
Section 3: Provides an effective date of July 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill may result in an increase in revenue associated with the requirement that specified entities
remit the rental car surcharge. These revenues will be deposited into the State Transportation Trust
Fund, the Tourism Promotional Trust Fund, and the Florida International Trade and Promotion Trust
Fund.
Additionally, the state may experience an increase in revenue from additional sales tax that is
deposited into the General Revenue Fund.
2. Expenditures:
The bill will likely have no impact on state government expenditures.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
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1. Revenues:
Counties may experience an increase in revenue associated with additional sales taxes from motor
vehicle rental companies.
2. Expenditures:
The bill will likely have no impact on local government expenditures.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
P2P vehicle-sharing programs will be required to remit the rental car surcharge and appropriate sales
taxes as well as comply with insurance regulations.
D. FISCAL COMMENTS:
According to the Department of Revenue (DOR), the rental car surcharge under s. 212.0606, F.S., and
sales and use taxes under s. 212.05, F.S., on rental revenue generated by participating in a “Peer-to-
Peer”, or other, ride-share model program, apply under current law and are currently required to be
remitted to the state.26
The Revenue Estimating Conference (REC) met on November 12, 2019, and adopted a positive
indeterminate impact for cash and recurring funds to the General Revenue Fund and State
Transportation Trust Fund. REC found that it is unclear the extent to which the provisions of the bill are
enforceable given the out-of-state nature of the current marketplace providers.27
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 expenditures 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, Art. VII, s. 19 of the Florida
Constitution may apply if the tax provisions in the bill are interpreted to be a new tax.
B. RULE-MAKING AUTHORITY:
DOR has stated that it will need to update Rules 12A-1.060 and 12A-1.097, as well as Chapter 12A-16,
F.A.C.28
C. DRAFTING ISSUES OR OTHER COMMENTS:
Other Comments: Department of Revenue29
DOR indicated that the bill is unclear as to who is collecting the $1 or $2 surcharge. It is also unclear
what the surcharge amounts are for the first 24-hour rental period and for each subsequent day. DOR
finds that there is an inconsistency as to whether the surcharge is imposed after the first 30 days.
26
Email from Debra Longman, Director of the Office of Legislative and Cabinet Services, Department of Revenue, RE: SB 1148
Questions (March 18, 2019).
27
Revenue Estimating Conference (November 12, 2019), p. 14.
28
Department of Revenue, Agency Analysis of 2020 House Bill 377, p. 2 (November 21, 2019).
29
Id. at 4-5.
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Additionally, the use of the word “facilitate” within the definition of “rental of a motor vehicle” could be
misunderstood as a sales transaction and not a traditional renting of motor vehicles.
Lastly, the deletion of the language “licensed for-hire” on line 105 could potentially cause statutory
interpretation problems in the future because the bill does not make a distinction as to other loans of a
motor vehicle that may or may not be subject to a rental car surcharge.
Other Comments: Office of Insurance Regulation30
The Office of Insurance Regulation (OIR) finds that it is unclear which party’s insurance policy would
have primary responsibility in an accident, in what amounts, and during which phases of the program.
Additionally, OIR noted that the bill is attempting to allow exclusions of coverage in all coverage parts
for the P2P vehicle owner. These exclusions would be acceptable if some other party had responsibility
for the excluded coverage, i.e., if the language of the bill clearly required that the program provide this
coverage instead. If no other party is required to have the coverage excluded from the peer-to-peer
vehicle owner’s policy, other issues will arise.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
30
Office of Insurance Regulation, Agency Analysis of 2020 Senate Bill 478, pp. 4-5 (December 4, 2019).
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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 377 2020
1 A bill to be entitled
2 An act relating to motor vehicle rentals; amending s.
3 212.0606, F.S.; defining and revising terms; requiring
4 specified surcharges to be imposed upon the lease or
5 rental of a certain motor vehicle if the lease or
6 rental is facilitated by a car-sharing service, a
7 motor vehicle rental company, or a peer-to-peer
8 vehicle-sharing program under certain circumstances;
9 creating s. 627.747, F.S.; defining terms; providing
10 financial responsibility requirements for peer-to-peer
11 vehicle-sharing programs; providing applicability;
12 requiring specified entities to maintain certain motor
13 vehicle liability insurance; providing certain
14 indemnification requirements; providing construction;
15 requiring a peer-to-peer vehicle-sharing program to
16 give certain notice to a peer-to-peer vehicle owner
17 relating to the implications of a lien under certain
18 circumstances; authorizing a certain insurer to
19 exclude coverage and the duty to defend or indemnify a
20 vehicle owner for any claim under his or her motor
21 vehicle liability insurance policy; providing
22 construction; requiring a peer-to-peer vehicle-sharing
23 program to collect, verify, and retain certain
24 records, subject to certain requirements; requiring
25 the program to provide the records to certain entities
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26 under certain circumstances; authorizing a motor
27 vehicle insurer that defends or indemnifies a claim
28 arising from the operation of a peer-to-peer vehicle
29 that is excluded under the terms of its policy to seek
30 contribution against specified entities under certain
31 circumstances; providing that a peer-to-peer vehicle-
32 sharing program has an insurable interest in a vehicle
33 during the sharing period; providing construction;
34 authorizing a peer-to-peer vehicle-sharing program to
35 own and maintain as the named insured policies of
36 motor vehicle liability insurance which provide
37 specified coverage; requiring each peer-to-peer
38 vehicle-sharing program agreement made in this state
39 to disclose specified information to the peer-to-peer
40 vehicle owner and the peer-to-peer vehicle driver;
41 requiring a peer-to-peer vehicle-sharing program to
42 have sole responsibility for certain equipment;
43 requiring the program to agree to indemnify and hold
44 harmless the owner for any damage to or theft of such
45 equipment under certain circumstances; authorizing the
46 program to seek indemnity from the driver for any loss
47 or damage to such equipment which occurs during the
48 sharing period; requiring a peer-to-peer vehicle-
49 sharing program to verify certain information and
50 notify the peer-to-peer vehicle owner of certain
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51 requirements related to safety recalls, subject to
52 certain requirements; providing restrictions and
53 requirements for the owner if he or she has received
54 notice of a certain safety recall on the vehicle;
55 prohibiting a peer-to-peer vehicle-sharing program
56 from entering into a certain agreement with a driver
57 unless the driver meets specified requirements related
58 to a driver license or authorization to drive peer-to-
59 peer vehicles; prohibiting the program from renting a
60 motor vehicle to another until the driver license of
61 the peer-to-peer vehicle driver has been inspected and
62 verified as being unexpired; requiring the program to
63 keep specified records; requiring such records to be
64 open to inspection by specified entities; providing
65 that, under certain circumstances, the peer-to-peer
66 vehicle-sharing program is deemed to have met
67 specified requirements when the program requires the
68 driver to verify at a certain time that he or she is
69 duly licensed and that the license is unexpired;
70 providing an effective date.
71
72 Be It Enacted by the Legislature of the State of Florida:
73
74 Section 1. Section 212.0606, Florida Statutes, is amended
75 to read:
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76 212.0606 Rental car surcharge.—
77 (1) As used in this section, the term:
78 (a) "Car-sharing service" means a membership-based
79 organization or business, or division thereof, which requires
80 the payment of an application fee or a membership fee and
81 provides member access to motor vehicles:
82 1. Only at locations that are not staffed by car-sharing
83 service personnel employed solely for the purpose of interacting
84 with car-sharing service members;
85 2. Twenty-four hours per day, 7 days per week;
86 3. Only through automated means, including, but not
87 limited to, a smartphone application or an electronic membership
88 card;
89 4. On an hourly basis or for a shorter increment of time;
90 5. Without a separate fee for refueling the motor vehicle;
91 6. Without a separate fee for minimum financial
92 responsibility liability insurance; and
93 7. Owned or controlled by the car-sharing service or its
94 affiliates.
95 (b) "Dealer" means a car-sharing service, motor vehicle
96 rental company, or peer-to-peer vehicle-sharing program.
97 (c) "Motor vehicle rental company" means an entity that is
98 in the business of providing motor vehicles to the public under
99 a rental agreement for 30 days or less for financial
100 consideration.
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101 (d) "Peer-to-peer vehicle-sharing program" has the same
102 meaning as in s. 627.747.
103 (2)(1) Except as provided in subsection (3) (2), a
104 surcharge of $2 per day or any part of a day is imposed upon the
105 lease or rental of a motor vehicle that is licensed for hire and
106 designed to carry fewer than nine passengers, regardless of
107 whether the motor vehicle is licensed in this state, if the
108 lease or rental is facilitated, in person or through digital
109 means, by a car-sharing service, a motor vehicle rental company,
110 or a peer-to-peer vehicle-sharing program for financial
111 consideration without transfer of the title of the motor
112 vehicle. The surcharge applies to only the first 30 days of the
113 term of a lease or rental. The surcharge is subject to all
114 applicable taxes imposed by this chapter.
115 (3)(2) A member of a car-sharing service who uses a motor
116 vehicle as described in subsection (2) (1) for less than 24
117 hours pursuant to an agreement with the car-sharing service
118 shall pay a surcharge of $1 per usage. A member of a car-sharing
119 service who uses the same motor vehicle for 24 hours or more
120 shall pay a surcharge of $2 per day or any part of a day as
121 provided in subsection (2) (1). The surcharge imposed under this
122 subsection does not apply to the lease, rental, or use of a
123 motor vehicle from a location owned, operated, or leased by or
124 for the benefit of an airport or airport authority For purposes
125 of this subsection, the term "car-sharing service" means a
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126 membership-based organization or business, or division thereof,
127 which requires the payment of an application or membership fee
128 and provides member access to motor vehicles:
129 (a) Only at locations that are not staffed by car-sharing
130 service personnel employed solely for the purpose of interacting
131 with car-sharing service members;
132 (b) Twenty-four hours per day, 7 days per week;
133 (c) Only through automated means, including, but not
134 limited to, smartphone applications or electronic membership
135 cards;
136 (d) On an hourly basis or for a shorter increment of time;
137 (e) Without a separate fee for refueling the motor
138 vehicle;
139 (f) Without a separate fee for minimum financial
140 responsibility liability insurance; and
141 (g) Owned or controlled by the car-sharing service or its
142 affiliates.
143
144 The surcharge imposed under this subsection does not apply to
145 the lease, rental, or use of a motor vehicle from a location
146 owned, operated, or leased by or for the benefit of an airport
147 or airport authority.
148 (4)(3)(a) Notwithstanding s. 212.20, and less the costs of
149 administration, 80 percent of the proceeds of this surcharge
150 shall be deposited in the State Transportation Trust Fund, 15.75
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151 percent of the proceeds of this surcharge shall be deposited in
152 the Tourism Promotional Trust Fund created in s. 288.122, and
153 4.25 percent of the proceeds of this surcharge shall be
154 deposited in the Florida International Trade and Promotion Trust
155 Fund. For the purposes of this subsection, the term "proceeds of
156 this surcharge" of the surcharge means all funds collected and
157 received by the department under this section, including
158 interest and penalties on delinquent surcharges. The department
159 shall provide the Department of Transportation rental car
160 surcharge revenue information for the previous state fiscal year
161 by September 1 of each year.
162 (b) Notwithstanding any other provision of law, the
163 proceeds deposited in the State Transportation Trust Fund shall
164 be allocated on an annual basis in the Department of
165 Transportation's work program to each department district,
166 except the Turnpike District. The amount allocated to each
167 district shall be based on the amount of proceeds attributed to
168 the counties within each respective district.
169 (5)(a)(4) Except as provided in this section, the
170 department shall administer, collect, and enforce the surcharge
171 as provided in this chapter.
172 (b)(a) The department shall require a dealer dealers to
173 report surcharge collections according to the county to which
174 the surcharge was attributed. For purposes of this section, the
175 surcharge shall be attributed to the county where the rental
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176 agreement was entered into.
177 (c)(b) A dealer Dealers who collects collect the rental
178 car surcharge shall report to the department all surcharge
179 revenues attributed to the county where the rental agreement was
180 entered into on a timely filed return for each required
181 reporting period. The provisions of this chapter which apply to
182 interest and penalties on delinquent taxes apply to the
183 surcharge. The surcharge shall not be included in the
184 calculation of estimated taxes pursuant to s. 212.11. The
185 dealer's credit provided in s. 212.12 does not apply to any
186 amount collected under this section.
187 (6)(5) The surcharge imposed by this section does not
188 apply to a motor vehicle provided at no charge to a person whose
189 motor vehicle is being repaired, adjusted, or serviced by the
190 entity providing the replacement motor vehicle.
191 Section 2. Section 627.747, Florida Statutes, is created
192 to read:
193 627.747 Peer-to-peer vehicle-sharing program.—
194 (1) DEFINITIONS.—As used in this section, the term:
195 (a) "Peer-to-peer vehicle" or "vehicle" means a vehicle
196 made available for sharing through a peer-to-peer vehicle-
197 sharing program, used nonexclusively for peer-to-peer vehicle
198 sharing, and used by the peer-to-peer vehicle owner for personal
199 use outside of peer-to-peer vehicle sharing.
200 (b) "Peer-to-peer vehicle delivery period" or "delivery
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201 period" means the period of time during which a peer-to-peer
202 vehicle is being delivered to the location where the peer-to-
203 peer vehicle-sharing start time commences, if applicable, as
204 documented by the governing peer-to-peer vehicle-sharing program
205 agreement.
206 (c) "Peer-to-peer vehicle driver" or "driver" means an
207 individual who has been authorized to drive the peer-to-peer
208 vehicle by the peer-to-peer vehicle owner under a peer-to-peer
209 vehicle-sharing program agreement.
210 (d) "Peer-to-peer vehicle owner" or "owner" means the
211 registered owner of a peer-to-peer vehicle made available for
212 sharing to peer-to-peer vehicle drivers through a peer-to-peer
213 vehicle-sharing program.
214 (e) "Peer-to-peer vehicle sharing" or "sharing" means the
215 authorized use of a peer-to-peer vehicle by an individual other
216 than the peer-to-peer vehicle owner through a peer-to-peer
217 vehicle-sharing program.
218 (f) "Peer-to-peer vehicle-sharing period" or "sharing
219 period" means the period of time that commences with the peer-
220 to-peer vehicle delivery period or, if there is no peer-to-peer
221 vehicle delivery period, that commences with the peer-to-peer
222 vehicle-sharing start time and in either case ends at the peer-
223 to-peer vehicle-sharing termination time.
224 (g) "Peer-to-peer vehicle-sharing program" or "program"
225 means a business platform that connects peer-to-peer vehicle
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226 owners with peer-to-peer vehicle drivers to enable the sharing
227 of peer-to-peer vehicles for financial consideration.
228 (h) "Peer-to-peer vehicle-sharing program agreement" or
229 "agreement" means the terms and conditions applicable to a peer-
230 to-peer vehicle owner and a peer-to-peer vehicle driver which
231 govern the use of a peer-to-peer vehicle through a peer-to-peer
232 vehicle-sharing program.
233 (i) "Peer-to-peer vehicle-sharing start time" or "start
234 time" means the time when the peer-to-peer vehicle becomes
235 subject to the control of the peer-to-peer vehicle driver at or
236 after the time the reservation of a peer-to-peer vehicle is
237 scheduled to begin, as documented in the records of a peer-to-
238 peer vehicle-sharing program.
239 (j) "Peer-to-peer vehicle-sharing termination time" or
240 "termination time" means the earliest of the following events:
241 1. The expiration of the agreed-upon period of time
242 established for the use of a peer-to-peer vehicle according to
243 the terms of the vehicle-sharing program agreement, if the peer-
244 to-peer vehicle is delivered to the location agreed upon in the
245 peer-to-peer vehicle-sharing program agreement;
246 2. The expiration of the time period established for use
247 of the peer-to-peer vehicle when the peer-to-peer vehicle is
248 returned to an alternate location agreed upon by the peer-to-
249 peer vehicle owner and the peer-to-peer vehicle driver as
250 communicated through a peer-to-peer vehicle-sharing program; or
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251 3. The peer-to-peer vehicle owner or the owner's
252 authorized designee takes possession and control of the peer-to-
253 peer vehicle.
254 (2) FINANCIAL RESPONSIBILITY.—
255 (a) A peer-to-peer vehicle-sharing program shall assume
256 the liability of a peer-to-peer vehicle owner, except as
257 provided in paragraph (b), for bodily injury or property damage
258 to third parties or uninsured and underinsured motorist or
259 personal injury protection losses during the peer-to-peer
260 vehicle-sharing period in an amount stated in the peer-to-peer
261 vehicle-sharing program.
262 (b) The assumption of liability under paragraph (a) does
263 not apply to any peer-to-peer vehicle owner when:
264 1. A peer-to-peer vehicle owner makes an intentional or
265 fraudulent material misrepresentation or omission to the peer-
266 to-peer vehicle-sharing program before the peer-to-peer vehicle-
267 sharing period in which the loss occurred; or
268 2. A peer-to-peer vehicle owner acts in concert with a
269 peer-to-peer vehicle driver who fails to return the vehicle
270 pursuant to the terms of the peer-to-peer vehicle-sharing
271 program agreement.
272 (c) The assumption of liability under paragraph (a)
273 applies to bodily injury and property damage losses by damaged
274 third parties as required under s. 324.021(7).
275 (d) A peer-to-peer vehicle-sharing program shall ensure
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276 that, during each peer-to-peer vehicle-sharing period, the peer-
277 to-peer vehicle owner and the peer-to-peer vehicle driver are
278 insured under a motor vehicle liability insurance policy that
279 provides insurance coverage in amounts no less than the minimum
280 amounts provided in s. 324.021(7), and:
281 1. Recognizes that the peer-to-peer vehicle insured under
282 the policy is made available and used through a peer-to-peer
283 vehicle-sharing program; or
284 2. Does not exclude use of a peer-to-peer vehicle by a
285 peer-to-peer vehicle driver.
286 (e) The insurance requirement under paragraph (d) may be
287 satisfied by motor vehicle liability insurance maintained by a
288 peer-to-peer vehicle owner; a peer-to-peer vehicle driver; a
289 peer-to-peer vehicle-sharing program; or by a peer-to-peer
290 vehicle owner, a peer-to-peer vehicle driver, and a peer-to-peer
291 vehicle-sharing program.
292 (f) The insurance maintained under paragraph (e) which
293 satisfies the insurance requirement under paragraph (d) must be
294 primary during each peer-to-peer vehicle-sharing period.
295 (g) The peer-to-peer vehicle-sharing program must assume
296 primary liability for a claim when it is providing, in whole or
297 in part, the insurance required under paragraphs (d) and (e)
298 and:
299 1. A dispute exists as to who was in control of the peer-
300 to-peer vehicle at the time of the loss; and
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301 2. The peer-to-peer vehicle-sharing program does not have
302 available, did not retain, or fails to provide the information
303 required in paragraph (11)(c).
304 (h) The peer-to-peer vehicle owner's insurer shall
305 indemnify the peer-to-peer vehicle-sharing program to the extent
306 of the insurer's obligation, if any, under the applicable
307 insurance policy, if it is determined that the peer-to-peer
308 vehicle owner was in control of the peer-to-peer vehicle at the
309 time of the loss.
310 (i) If insurance maintained by a peer-to-peer vehicle
311 owner or peer-to-peer vehicle driver in accordance with
312 paragraph (e) lapses or does not provide the required coverage,
313 insurance maintained by a peer-to-peer vehicle-sharing program
314 shall provide the coverage required by paragraph (d) beginning
315 with the first dollar of a claim and the insurer has the duty to
316 defend such claim except under circumstances specified in
317 paragraph (b).
318 (j) Coverage under a motor vehicle insurance policy
319 maintained by the peer-to-peer vehicle-sharing program may not
320 be dependent on another motor vehicle insurer first denying a
321 claim.
322 (k) This subsection does not:
323 1. Limit the liability of the peer-to-peer vehicle-sharing
324 program for any act or omission of the program itself which
325 results in injury to any person as a result of the use of a
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326 peer-to-peer vehicle through the peer-to-peer vehicle-sharing
327 program; or
328 2. Limit the ability of the peer-to-peer vehicle-sharing
329 program to seek indemnification, by contract, from the peer-to-
330 peer vehicle owner or the peer-to-peer vehicle driver for
331 economic losses the peer-to-peer vehicle-sharing program
332 sustains which result from a breach of the terms and conditions
333 of the peer-to-peer vehicle-sharing program agreement.
334 (3) NOTIFICATION OF IMPLICATIONS OF A LIEN.—At the time a
335 peer-to-peer vehicle owner registers a vehicle for use through a
336 peer-to-peer vehicle-sharing program and before the owner makes
337 the vehicle available for use through the program, the program
338 must notify the owner that, if the vehicle has a lien against
339 it, the use of the vehicle through the program, including use
340 without physical damage coverage, may violate the terms of the
341 contract with the lienholder.
342 (4) EXCLUSIONS IN MOTOR VEHICLE LIABILITY INSURANCE
343 POLICIES.—
344 (a) An authorized insurer that writes motor vehicle
345 liability insurance in this state may exclude any coverage and
346 the duty to defend or indemnify for any claim under the peer-to-
347 peer vehicle owner's motor vehicle liability insurance policy,
348 including, but not limited to:
349 1. Liability coverage for bodily injury and property
350 damage;
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351 2. Personal injury protection coverage;
352 3. Uninsured and underinsured motorist coverage;
353 4. Medical payments coverage;
354 5. Comprehensive physical damage coverage; and
355 6. Collision physical damage coverage.
356 (b) This subsection does not invalidate or limit an
357 exclusion contained in a motor vehicle liability insurance
358 policy, including any insurance policy in use or approved for
359 use which excludes coverage for motor vehicles made available
360 for rent, hire, or for any business use, including peer-to-peer
361 vehicle sharing.
362 (5) RECORDKEEPING.—
363 (a) A peer-to-peer vehicle-sharing program must collect
364 and verify records pertaining to the use of peer-to-peer
365 vehicles, including, but not limited to, times used, fees paid
366 by the peer-to-peer vehicle driver, and revenues received by the
367 peer-to-peer vehicle owner.
368 (b) Pursuant to all applicable federal and state privacy
369 obligations, and after receiving the informed consent of the
370 peer-to-peer vehicle owner and the peer-to-peer vehicle driver,
371 a peer-to-peer vehicle-sharing program must provide the
372 information collected pursuant to paragraph (a), upon request,
373 to the owner, the owner's insurer, and the driver's insurer to
374 facilitate a claim investigation.
375 (c) The program must retain the records required in this
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376 subsection for not less than 3 years.
377 (6) CONTRIBUTION AGAINST INDEMNIFICATION.—A motor vehicle
378 insurer that defends or indemnifies a claim arising from the
379 operation of a peer-to-peer vehicle that is excluded under the
380 terms of its policy may seek contribution against the peer-to-
381 peer vehicle-sharing program if the claim is made against the
382 peer-to-peer vehicle owner or the peer-to-peer vehicle driver
383 for loss or injury that occurs during the peer-to-peer vehicle-
384 sharing period.
385 (7) INSURABLE INTEREST.—
386 (a) A peer-to-peer vehicle-sharing program has an
387 insurable interest in a vehicle during the sharing period.
388 (b) This subsection does not impose liability on a peer-
389 to-peer vehicle-sharing program to maintain the coverage
390 mandated by subsection (2).
391 (c) A peer-to-peer vehicle-sharing program may own and
392 maintain as the named insured one or more policies of motor
393 vehicle liability insurance which provide coverage for:
394 1. Liabilities assumed by the peer-to-peer vehicle-sharing
395 program under agreement;
396 2. Liability of the peer-to-peer vehicle owner;
397 3. Damage or loss to the vehicle; or
398 4. Liability of the peer-to-peer vehicle driver.
399 (8) CONSUMER PROTECTIONS.—
400 (a) Each peer-to-peer vehicle-sharing program agreement
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401 made in this state must disclose to the peer-to-peer vehicle
402 owner and the peer-to-peer vehicle driver:
403 1. Any right of a program to seek indemnification from the
404 owner or the driver for economic losses the program sustains
405 which result from a breach of the terms and conditions of the
406 agreement;
407 2. That a motor vehicle liability insurance policy issued
408 to the owner for the peer-to-peer vehicle or to the driver does
409 not provide defense indemnity for any claim asserted by the
410 program;
411 3. That the program's financial responsibility afforded to
412 the owner and driver is available only during the peer-to-peer
413 vehicle-sharing period;
414 4. That, for any use of the peer-to-peer vehicle by the
415 driver after the peer-to-peer vehicle-sharing termination time,
416 the driver and owner may not have coverage;
417 5. The daily rate, fees, costs, and, if applicable, any
418 insurance or protection package costs that are charged to the
419 owner or driver; and
420 6. That the peer-to-peer vehicle owner's motor vehicle
421 liability insurance may not provide coverage for the vehicle.
422 (b) Each peer-to-peer vehicle-sharing program agreement
423 made in this state must disclose to the peer-to-peer vehicle
424 driver:
425 1. An emergency telephone number to contact personnel
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426 capable of fielding roadside assistance requests and other
427 customer service inquiries; and
428 2. Any conditions under which a driver must maintain a
429 personal motor vehicle insurance policy, and any required
430 coverage limits, on a primary basis in order to rent the peer-
431 to-peer vehicle.
432 (9) RESPONSIBILITY FOR EQUIPMENT.—The peer-to-peer
433 vehicle-sharing program has sole responsibility for any
434 equipment that is put in or on the vehicle, such as a GPS system
435 or other device, used to monitor or facilitate the sharing, and
436 must agree to indemnify and hold harmless the owner for any
437 damage to or theft of such equipment during the sharing period
438 which is not caused by the owner. The program may seek indemnity
439 from the driver for any loss or damage to such equipment which
440 occurs during the sharing period.
441 (10) AUTOMOBILE SAFETY RECALLS.—
442 (a) At the time an owner registers a vehicle for use in
443 the program, and before the owner makes the vehicle available
444 for use, the peer-to-peer vehicle-sharing program must:
445 1. Verify that the vehicle does not have any safety
446 recalls for which repairs have not been made; and
447 2. Notify the owner of the requirements under paragraph
448 (c).
449 (b) The program must periodically, at least once in each
450 72-hour period, verify that any vehicle available for use
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451 through the program is not subject to an open safety recall for
452 which repairs have not been made.
453 (c) If the peer-to-peer vehicle owner has received notice
454 of a safety recall on the vehicle, he or she may not make the
455 vehicle available for use through a peer-to-peer vehicle-sharing
456 program until the safety recall repair has been made. Upon
457 receiving notice of a safety recall on the vehicle when it is
458 available for use through the program, the owner shall remove
459 the vehicle from availability as soon as practicable, but in no
460 case more than 48 hours after receiving the notice of the safety
461 recall, and until the safety recall repair has been made. Upon
462 receiving notice of a safety recall on the vehicle, and in no
463 case more than 48 hours after such receipt, when such vehicle is
464 in the possession of the driver, the owner must notify the
465 program of the safety recall so that the program may notify the
466 driver and the vehicle can be removed from use until the owner
467 effects the necessary safety recall repair.
468 (11) DRIVER LICENSE VERIFICATION AND RETENTION.—
469 (a) A peer-to-peer vehicle-sharing program may not enter
470 into a peer-to-peer vehicle-sharing program agreement with a
471 driver unless the driver who will operate the peer-to-peer
472 vehicle:
473 1. Holds an unexpired driver license in this state which
474 authorizes the driver to operate vehicles of the class of the
475 peer-to-peer vehicle; or
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476 2. Is a nonresident who:
477 a. Has an unexpired driver license issued by the state or
478 country of the driver's residence which authorizes the driver in
479 that state or country to drive vehicles of the class of the
480 peer-to-peer vehicle; and
481 b. Is at least the same age as that required of a resident
482 to drive.
483 (b) A peer-to-peer vehicle-sharing program may not rent a
484 motor vehicle to another until the driver license of the peer-
485 to-peer vehicle driver has been inspected and the program has
486 verified that the driver license is unexpired.
487 (c) A peer-to-peer vehicle-sharing program must keep a
488 record of:
489 1. The registration number of the peer-to-peer vehicle;
490 2. The name and address of the peer-to-peer vehicle
491 driver;
492 3. The driver license number of the peer-to-peer vehicle
493 driver and the place where the license was issued; and
494 4. Each other person, if any, who will operate the peer-
495 to-peer vehicle.
496 (d) Such record must be open to inspection by any police
497 officer, or officer or employee of the Department of Law
498 Enforcement.
499 (e) If a peer-to-peer vehicle-sharing program rents a
500 peer-to-peer vehicle to a driver through digital, electronic, or
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501 other means that allow the driver to obtain possession of the
502 vehicle without direct contact with an agent, an employee of the
503 peer-to-peer vehicle-sharing program, or the vehicle owner, or
504 if the driver does not execute a peer-to-peer vehicle-sharing
505 program agreement at the time he or she takes possession of the
506 vehicle, the peer-to-peer vehicle-sharing program is deemed to
507 have met all requirements of paragraphs (a) and (b) when the
508 program, at the time the driver enrolls in a membership program,
509 master agreement, or other means of establishing use of the
510 program's services, or any time thereafter, requires the driver
511 to verify that he or she is duly licensed and that the license
512 is unexpired.
513 Section 3. This act shall take effect July 1, 2020.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 377 (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 Latvala offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (c) of subsection (1) of section
8 212.05, Florida Statutes, is amended to read:
9 212.05 Sales, storage, use tax.—It is hereby declared to
10 be the legislative intent that every person is exercising a
11 taxable privilege who engages in the business of selling
12 tangible personal property at retail in this state, including
13 the business of making mail order sales, or who rents or
14 furnishes any of the things or services taxable under this
15 chapter, or who stores for use or consumption in this state any
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16 item or article of tangible personal property as defined herein
17 and who leases or rents such property within the state.
18 (1) For the exercise of such privilege, a tax is levied on
19 each taxable transaction or incident, which tax is due and
20 payable as follows:
21 (c) At the rate of 6 percent of the gross proceeds derived
22 from the lease or rental of tangible personal property, as
23 defined herein; however, the following special provisions apply
24 to the lease or rental of motor vehicles:
25 1. When a motor vehicle is leased or rented by a motor
26 vehicle rental company or a peer-to-peer car-sharing program, as
27 those terms are defined in s. 212.0606(1), for a period of less
28 than 12 months:
29 a. If the motor vehicle is rented in Florida, the entire
30 amount of such rental is taxable, even if the vehicle is dropped
31 off in another state.
32 b. If the motor vehicle is rented in another state and
33 dropped off in Florida, the rental is exempt from Florida tax.
34 c. If the motor vehicle is rented by a peer-to-peer car-
35 sharing program, the peer-to-peer car-sharing program must
36 collect and remit the applicable tax due in connection with the
37 rental.
38 2. Except as provided in subparagraph 3., for the lease or
39 rental of a motor vehicle for a period of not less than 12
40 months, sales tax is due on the lease or rental payments if the
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41 vehicle is registered in this state; provided, however, that no
42 tax shall be due if the taxpayer documents use of the motor
43 vehicle outside this state and tax is being paid on the lease or
44 rental payments in another state.
45 3. The tax imposed by this chapter does not apply to the
46 lease or rental of a commercial motor vehicle as defined in s.
47 316.003(13)(a) to one lessee or rentee for a period of not less
48 than 12 months when tax was paid on the purchase price of such
49 vehicle by the lessor. To the extent tax was paid with respect
50 to the purchase of such vehicle in another state, territory of
51 the United States, or the District of Columbia, the Florida tax
52 payable shall be reduced in accordance with the provisions of s.
53 212.06(7). This subparagraph shall only be available when the
54 lease or rental of such property is an established business or
55 part of an established business or the same is incidental or
56 germane to such business.
57 Section 2. Section 212.0606, Florida Statutes, is amended
58 to read:
59 212.0606 Rental car surcharge.—
60 (1) As used in this section, the term:
61 (a) "Car-sharing service" means a membership-based
62 organization or business, or division thereof, which requires
63 the payment of an application fee or a membership fee and
64 provides member access to motor vehicles:
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65 1. Only at locations that are not staffed by car-sharing
66 service personnel employed solely for the purpose of interacting
67 with car-sharing service members;
68 2. Twenty-four hours per day, 7 days per week;
69 3. Only through automated means, including, but not
70 limited to, a smartphone application or an electronic membership
71 card;
72 4. On an hourly basis or for a shorter increment of time;
73 5. Without a separate fee for refueling the motor vehicle;
74 6. Without a separate fee for minimum financial
75 responsibility liability insurance; and
76 7. Owned or controlled by the car-sharing service or its
77 affiliates.
78 (b) "Motor vehicle rental company" means an entity that is
79 in the business of providing, for financial consideration, motor
80 vehicles to the public under a rental agreement.
81 (c) "Peer-to-peer car-sharing program" has the same
82 meaning as in s. 627.7483(1).
83 (2) Except as provided in subsection (3) (2), a
84 surcharge of $2 per day or any part of a day is imposed upon the
85 lease or rental by a motor vehicle rental company or a peer-to-
86 peer car-sharing program of a motor vehicle that is licensed for
87 hire and designed to carry fewer than nine passengers,
88 regardless of whether the motor vehicle is licensed in this
89 state, for financial consideration and without transfer of the
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90 title of the motor vehicle. The surcharge is imposed regardless
91 of whether the lease or rental occurs in person or through
92 digital means. The surcharge applies to only the first 30 days
93 of the term of a lease or rental and must be collected by the
94 motor vehicle rental company or the peer-to-peer car-sharing
95 program. The surcharge is subject to all applicable taxes
96 imposed by this chapter.
97 (3)(2) A member of a car-sharing service who uses a motor
98 vehicle as described in subsection (2) (1) for less than 24
99 hours pursuant to an agreement with the car-sharing service
100 shall pay a surcharge of $1 per usage. A member of a car-sharing
101 service who uses the same motor vehicle for 24 hours or more
102 shall pay a surcharge of $2 per day or any part of a day as
103 provided in subsection (2) (1). The car-sharing service shall
104 collect the surcharge For purposes of this subsection, the term
105 "car-sharing service" means a membership-based organization or
106 business, or division thereof, which requires the payment of an
107 application or membership fee and provides member access to
108 motor vehicles:
109 (a) Only at locations that are not staffed by car-sharing
110 service personnel employed solely for the purpose of interacting
111 with car-sharing service members;
112 (b) Twenty-four hours per day, 7 days per week;
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113 (c) Only through automated means, including, but not
114 limited to, smartphone applications or electronic membership
115 cards;
116 (d) On an hourly basis or for a shorter increment of time;
117 (e) Without a separate fee for refueling the motor
118 vehicle;
119 (f) Without a separate fee for minimum financial
120 responsibility liability insurance; and
121 (g) Owned or controlled by the car-sharing service or its
122 affiliates. The surcharge imposed under this subsection does not
123 apply to the lease, rental, or use of a motor vehicle from a
124 location owned, operated, or leased by or for the benefit of an
125 airport or airport authority.
126 (4)(a)(3)(a) Notwithstanding s. 212.20, and less the costs
127 of administration, 80 percent of the proceeds of this surcharge
128 shall be deposited in the State Transportation Trust Fund, 15.75
129 percent of the proceeds of this surcharge shall be deposited in
130 the Tourism Promotional Trust Fund created in s. 288.122, and
131 4.25 percent of the proceeds of this surcharge shall be
132 deposited in the Florida International Trade and Promotion Trust
133 Fund. For the purposes of this subsection, the term "proceeds of
134 this surcharge" of the surcharge means all funds collected and
135 received by the department under this section, including
136 interest and penalties on delinquent surcharges. The department
137 shall provide the Department of Transportation rental car
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138 surcharge revenue information for the previous state fiscal year
139 by September 1 of each year.
140 (b) Notwithstanding any other provision of law, the
141 proceeds deposited in the State Transportation Trust Fund shall
142 be allocated on an annual basis in the Department of
143 Transportation's work program to each department district,
144 except the Turnpike District. The amount allocated to each
145 district shall be based on the amount of proceeds attributed to
146 the counties within each respective district.
147 (5)(a)(4) Except as provided in this section, the
148 department shall administer, collect, and enforce the surcharge
149 as provided in this chapter.
150 (b)(a) The department shall require a dealer dealers to
151 report surcharge collections according to the county to which
152 the surcharge was attributed. For purposes of this section, the
153 surcharge shall be attributed to the county where the rental
154 agreement was entered into.
155 (c)(b) A dealer Dealers who collects collect the rental
156 car surcharge shall report to the department all surcharge
157 revenues attributed to the county where the rental agreement was
158 entered into on a timely filed return for each required
159 reporting period. The provisions of this chapter which apply to
160 interest and penalties on delinquent taxes apply to the
161 surcharge. The surcharge shall not be included in the
162 calculation of estimated taxes pursuant to s. 212.11. The
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163 dealer's credit provided in s. 212.12 does not apply to any
164 amount collected under this section.
165 (6)(5) The surcharge imposed by this section does not
166 apply to a motor vehicle provided at no charge to a person whose
167 motor vehicle is being repaired, adjusted, or serviced by the
168 entity providing the replacement motor vehicle.
169 Section 3. Section 627.7483, Florida Statutes, is created
170 to read:
171 627.7483 Peer-to-peer car sharing; insurance
172 requirements.—
173 (1) DEFINITIONS.—As used in this section, the term:
174 (a) "Car-sharing delivery period" means the period of time
175 during which a shared vehicle is being delivered to the location
176 of the car-sharing start time, if applicable, as documented by
177 the governing peer-to-peer car-sharing program agreement.
178 (b) "Car-sharing period" means the period of time that
179 commences either at the car-sharing delivery period or, if there
180 is no car-sharing delivery period, at the car-sharing start time
181 and that ends at the car-sharing termination time.
182 (c) "Car-sharing start time" means the time when the
183 shared vehicle is under the control of the shared vehicle
184 driver, which time occurs at or after the time the reservation
185 of the shared vehicle is scheduled to begin, as documented in
186 the records of a peer-to-peer car-sharing program.
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187 (d) "Car-sharing termination time" means the earliest of
188 the following events:
189 1. The expiration of the agreed-upon period of time
190 established for the use of a shared vehicle according to the
191 terms of the peer-to-peer car-sharing program agreement, if the
192 shared vehicle is delivered to the location agreed upon in the
193 peer-to-peer car-sharing program agreement;
194 2. The time the shared vehicle is returned to a location
195 as alternatively agreed upon by the shared vehicle owner and
196 shared vehicle driver, as communicated through a peer-to-peer
197 car-sharing program; or
198 3. The time the shared vehicle owner or the shared vehicle
199 owner's authorized designee takes possession and control of the
200 shared vehicle.
201 (e) "Peer-to-peer car sharing" or "car sharing" means the
202 authorized use of a motor vehicle by an individual other than
203 the vehicle's owner through a peer-to-peer car-sharing program.
204 For the purposes of this section, the term does not include the
205 renting of a motor vehicle through a rental car company, the use
206 of a for-hire vehicle as defined in s. 320.01(15), ridesharing
207 as defined in s. 341.031(9), carpool as defined in s. 450.28(3),
208 or the use of a motor vehicle under an agreement for a car-
209 sharing service as defined in s. 212.0606(1).
210 (f) "Peer-to-peer car-sharing program" means a business
211 platform that enables peer-to-peer car sharing by connecting
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212 motor vehicle owners with drivers for financial consideration.
213 For the purposes of this section, the term does not include a
214 rental car company, a car-sharing service as defined in s.
215 212.0606(1), a taxicab association, or the owner of a for-hire
216 vehicle as defined in s. 320.01(15).
217 (g) "Peer-to-peer car-sharing program agreement" means the
218 terms and conditions established by the peer-to-peer car-sharing
219 program which are applicable to a shared vehicle owner and a
220 shared vehicle driver and which govern the use of a shared
221 vehicle through a peer-to-peer car-sharing program. For the
222 purposes of this section, the term does not include a rental
223 agreement or an agreement for a for-hire vehicle as defined in
224 s. 320.01(15) or for a car-sharing service as defined in s.
225 212.0606(1).
226 (h) "Shared vehicle" means a motor vehicle that is
227 available for sharing through a peer-to-peer car-sharing
228 program. For the purposes of this section, the term does not
229 include a rental car, a for-hire vehicle as defined in s.
230 320.01(15), or a motor vehicle used for ridesharing as defined
231 in s. 341.031(9), for carpool as defined in s. 450.28(3), or for
232 car-sharing service as defined in s. 212.0606(1).
233 (i) "Shared vehicle driver" means an individual who has
234 been authorized by the shared vehicle owner to drive the shared
235 vehicle under the peer-to-peer car-sharing program agreement.
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236 (j) "Shared vehicle owner" means the registered owner, or
237 a natural person or an entity designated by the registered
238 owner, of a motor vehicle made available for sharing to shared
239 vehicle drivers through a peer-to-peer car-sharing program. For
240 the purposes of this section, the term does not include an owner
241 of a for-hire vehicle as defined in s. 320.01(15).
242 (2) INSURANCE COVERAGE REQUIREMENTS.—
243 (a)1. A peer-to-peer car-sharing program shall ensure
244 that, during each car-sharing period, the shared vehicle owner
245 and the shared vehicle driver are insured under a motor vehicle
246 insurance policy that provides all of the following:
247 a. Property damage liability coverage that meets the
248 minimum coverage amounts required under s. 324.022.
249 b. Bodily injury liability coverage limits as described in
250 s. 324.021(7)(a) and (b).
251 c. Personal injury protection benefits that meet the
252 minimum coverage amounts required under s. 627.736.
253 d. Uninsured and underinsured vehicle coverage as required
254 under s. 627.727.
255 2. The peer-to-peer car-sharing program shall also ensure
256 that the motor vehicle insurance policy under subparagraph 1.:
257 a. Recognizes that the shared vehicle insured under the
258 policy is made available and used through a peer-to-peer car-
259 sharing program; or
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260 b. Does not exclude the use of a shared vehicle by a
261 shared vehicle driver.
262 (b)1. The insurance described under paragraph (a) may be
263 satisfied by a motor vehicle insurance policy maintained by:
264 a. A shared vehicle owner;
265 b. A shared vehicle driver;
266 c. A peer-to-peer car-sharing program; or
267 d. A combination of a shared vehicle owner, a shared
268 vehicle driver, and a peer-to-peer car-sharing program.
269 2. The insurance policy maintained in subparagraph 1.
270 which satisfies the insurance requirements under paragraph (a)
271 is primary during each car-sharing period.
272 3.a. If the insurance maintained by a shared vehicle owner
273 or shared vehicle driver in accordance with subparagraph 1. has
274 lapsed or does not provide the coverage required under paragraph
275 (a), the insurance maintained by the peer-to-peer car-sharing
276 program must provide the coverage required under paragraph (a),
277 beginning with the first dollar of a claim, and must defend such
278 claim, except under circumstances as set forth in subparagraph
279 (3)(a)2.
280 b. Coverage under a motor vehicle insurance policy
281 maintained by the peer-to-peer car-sharing program must not be
282 dependent on another motor vehicle insurer first denying a
283 claim, and another motor vehicle insurance policy is not
284 required to first deny a claim.
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285 c. Notwithstanding any other law, statute, rule, or
286 regulation to the contrary, a peer-to-peer car-sharing program
287 has an insurable interest in a shared vehicle during the car-
288 sharing period. This sub-subparagraph does not create liability
289 for a peer-to-peer car-sharing program for maintaining the
290 coverage required under paragraph (a) and under this paragraph,
291 if applicable.
292 d. A peer-to-peer car-sharing program may own and maintain
293 as the named insured one or more policies of motor vehicle
294 insurance which provide coverage for:
295 (I) Liabilities assumed by the peer-to-peer car-sharing
296 program under a peer–to–peer car-sharing program agreement;
297 (II) Liability of the shared vehicle owner;
298 (III) Liability of the shared vehicle driver;
299 (IV) Damage or loss to the shared motor vehicle; or
300 (V) Damage, loss, or injury to persons or property to
301 satisfy the personal injury protection and uninsured and
302 underinsured motorist coverage requirements of this section.
303 e. Insurance required under paragraph (a), when maintained
304 by a peer-to-peer car-sharing program, may be provided by an
305 insurer authorized to do business in this state which is a
306 member of the Florida Insurance Guaranty Association or an
307 eligible surplus lines insurer that has a superior, excellent,
308 exceptional, or equivalent financial strength rating by a rating
309 agency acceptable to the office. A peer-to-peer car-sharing
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310 program is not transacting in insurance when it maintains the
311 insurance required under this section.
312 (3) LIABILITIES AND INSURANCE EXCLUSIONS.—
313 (a) Liability.—
314 1. A peer-to-peer car-sharing program shall assume
315 liability, except as provided in subparagraph 2., of a shared
316 vehicle owner for bodily injury or property damage to third
317 parties or uninsured and underinsured motorist or personal
318 injury protection losses during the car-sharing period in an
319 amount stated in the peer-to-peer car-sharing program agreement,
320 which amount may not be less than those set forth in ss.
321 324.021(7)(a) and (b), 324.022, 627.727, and 627.736,
322 respectively.
323 2. The assumption of liability under subparagraph 1. does
324 not apply if a shared vehicle owner:
325 a. Makes an intentional or fraudulent material
326 misrepresentation or omission to the peer-to-peer car-sharing
327 program before the car-sharing period in which the loss occurs;
328 or
329 b. Acts in concert with a shared vehicle driver who fails
330 to return the shared vehicle pursuant to the terms of the peer-
331 to-peer car-sharing program agreement.
332 3. A peer-to-peer car-sharing program shall assume primary
333 liability for a claim when it is in whole or in part providing
334 the insurance required under paragraph (2)(a) and:
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335 a. A dispute exists as to who was in control of the shared
336 motor vehicle at the time of the loss; and
337 b. The peer-to-peer car-sharing program does not have
338 available, did not retain, or fails to provide the information
339 required under subsection (5).
340
341 The shared vehicle owner's insurer shall indemnify the peer-to-
342 peer car-sharing program to the extent of the insurer's
343 obligation, if any, under the applicable insurance policy if it
344 is determined that the shared vehicle owner was in control of
345 the shared motor vehicle at the time of the loss.
346 (b) Vicarious liability.—A peer-to-peer car-sharing
347 program and a shared vehicle owner are exempt from vicarious
348 liability consistent with 49 U.S.C. s. 30106 (2005) under any
349 state or local law that imposes liability solely based on
350 vehicle ownership.
351 (c) Exclusions in motor vehicle insurance policies.—An
352 authorized insurer that writes motor vehicle liability insurance
353 in this state may exclude any and all coverage and the duty to
354 defend or indemnify for any claim afforded under a shared
355 vehicle owner's motor vehicle insurance policy, including, but
356 not limited to:
357 1. Liability coverage for bodily injury and property
358 damage;
359 2. Personal injury protection coverage;
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360 3. Uninsured and underinsured motorist coverage;
361 4. Medical payments coverage;
362 5. Comprehensive physical damage coverage; and
363 6. Collision physical damage coverage.
364
365 This paragraph does not invalidate or limit any exclusion
366 contained in a motor vehicle insurance policy, including any
367 insurance policy in use or approved for use which excludes
368 coverage for motor vehicles made available for rent, sharing, or
369 hire or for any business use.
370 (d) Contribution against indemnification.—A shared vehicle
371 owner's motor vehicle insurer that defends or indemnifies a
372 claim against a shared vehicle which is excluded under the terms
373 of its policy has the right to seek contribution against the
374 motor vehicle insurer of the peer-to-peer car-sharing program if
375 the claim is:
376 1. Made against the shared vehicle owner or the shared
377 vehicle driver for loss or injury that occurs during the car-
378 sharing period; and
379 2. Excluded under the terms of its policy.
380 (4) NOTIFICATION OF IMPLICATIONS OF LIEN.—At the time a
381 motor vehicle owner registers as a shared vehicle owner on a
382 peer-to-peer car-sharing program and before the shared vehicle
383 owner may make a shared vehicle available for car sharing on the
384 peer-to-peer car-sharing program, the peer-to-peer car-sharing
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385 program must notify the shared vehicle owner that, if the shared
386 vehicle has a lien against it, the use of the shared vehicle
387 through a peer-to-peer car-sharing program, including the use
388 without physical damage coverage, may violate the terms of the
389 contract with the lienholder.
390 (5) RECORDKEEPING.—A peer-to-peer car-sharing program
391 shall:
392 (a) Collect and verify records pertaining to the use of a
393 shared vehicle, including, but not limited to, the times used,
394 fees paid by the shared vehicle driver, and revenues received by
395 the shared vehicle owner.
396 (b) Retain the records in paragraph (a) for a time period
397 not less than the applicable personal injury statute of
398 limitations.
399 (c) Provide the information contained in the records in
400 paragraph (a) upon request to the shared vehicle owner, the
401 shared vehicle owner's insurer, or the shared vehicle driver's
402 insurer to facilitate a claim coverage investigation.
403 (6) CONSUMER PROTECTIONS.—
404 (a) Disclosures.—Each peer-to-peer car-sharing program
405 agreement made in this state must disclose to the shared vehicle
406 owner and the shared vehicle driver:
407 1. Any right of the peer-to-peer car-sharing program to
408 seek indemnification from the shared vehicle owner or the shared
409 vehicle driver for economic loss resulting from a breach of the
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Bill No. HB 377 (2020)
Amendment No.
410 terms and conditions of the peer-to-peer car-sharing program
411 agreement.
412 2. That a motor vehicle insurance policy issued to the
413 shared vehicle owner for the shared vehicle or to the shared
414 vehicle driver does not provide a defense or indemnification for
415 any claim asserted by the peer-to-peer car-sharing program.
416 3. That the peer-to-peer car-sharing program's insurance
417 coverage on the shared vehicle owner and the shared vehicle
418 driver is in effect only during each car-sharing period and
419 that, for any use of the shared vehicle by the shared vehicle
420 driver after the car-sharing termination time, the shared
421 vehicle driver and the shared vehicle owner may not have
422 insurance coverage.
423 4. The daily rate, fees, and, if applicable, any insurance
424 or protection package costs that are charged to the shared
425 vehicle owner or the shared vehicle driver.
426 5. That the shared vehicle owner's motor vehicle liability
427 insurance may exclude coverage for a shared vehicle.
428 6. An emergency telephone number of the personnel capable
429 of fielding calls for roadside assistance and other customer
430 service inquiries.
431 7. Any conditions under which a shared vehicle driver must
432 maintain a personal motor vehicle insurance policy with certain
433 applicable coverage limits on a primary basis in order to book a
434 shared vehicle.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 377 (2020)
Amendment No.
435 (b) Driver license verification and data retention.—
436 1. A peer-to-peer car-sharing program may not enter into a
437 peer-to-peer car-sharing program agreement with a driver unless
438 the driver:
439 a. Holds a driver license issued under chapter 322 which
440 authorizes the driver to drive vehicles of the class of the
441 shared vehicle;
442 b. Is a nonresident who:
443 (I) Holds a driver license issued by the state or country
444 of the driver's residence which authorizes the driver in that
445 state or country to drive vehicles of the class of the shared
446 vehicle; and
447 (II) Is at least the same age as that required of a
448 resident to drive; or
449 c. Is otherwise specifically authorized by the Department
450 of Highway Safety and Motor Vehicles to drive vehicles of the
451 class of the shared vehicle.
452 2. A peer-to-peer car-sharing program shall keep a record
453 of:
454 a. The name and address of the shared vehicle driver;
455 b. The number of the driver license of the shared vehicle
456 driver and each other person, if any, who will operate the
457 shared vehicle; and
458 c. The place of issuance of the driver license.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 377 (2020)
Amendment No.
459 (c) Responsibility for equipment.—A peer-to-peer car-
460 sharing program has sole responsibility for any equipment that
461 is put in or on the shared vehicle to monitor or facilitate the
462 peer-to-peer car-sharing transaction, including a GPS system.
463 The peer-to-peer car-sharing program shall indemnify and hold
464 harmless the shared vehicle owner for any damage to or theft of
465 such equipment during the car-sharing period which is not caused
466 by the shared vehicle owner. The peer-to-peer car-sharing
467 program may seek indemnity from the shared vehicle driver for
468 any damage to or loss of such equipment which occurs during the
469 car-sharing period.
470 (d) Motor vehicle safety recalls.—At the time a motor
471 vehicle owner registers as a shared vehicle owner on a peer-to-
472 peer car-sharing program and before the shared vehicle owner may
473 make a shared vehicle available for car sharing on the peer-to-
474 peer car-sharing program, the peer-to-peer car-sharing program
475 must:
476 1. Verify that the shared vehicle does not have any safety
477 recalls on the vehicle for which the repairs have not been made;
478 and
479 2. Notify the shared vehicle owner that if the shared
480 vehicle owner:
481 a. Has received an actual notice of a safety recall on the
482 vehicle, he or she may not make a vehicle available as a shared
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 377 (2020)
Amendment No.
483 vehicle on the peer-to-peer car-sharing program until the safety
484 recall repair has been made.
485 b. Receives an actual notice of a safety recall on a
486 shared vehicle while the shared vehicle is made available on the
487 peer-to-peer car-sharing program, he or she shall remove the
488 shared vehicle as available on the peer-to-peer car-sharing
489 program as soon as practicably possible after receiving the
490 notice of the safety recall and until the safety recall repair
491 has been made.
492 c. Receives an actual notice of a safety recall while the
493 shared vehicle is in the possession of a shared vehicle driver,
494 he or she shall notify the peer-to-peer car-sharing program
495 about the safety recall as soon as practicably possible after
496 receiving the notice of the safety recall, so that he or she may
497 address the safety recall repair.
498 (7) CONSTRUCTION.—This section does not limit:
499 (a) The liability of a peer-to-peer car-sharing program
500 for any act or omission of the peer-to-peer car-sharing program
501 which results in bodily injury to a person as a result of the
502 use of a shared vehicle through peer-to-peer car sharing; or
503 (b) The ability of a peer-to-peer car-sharing program to
504 seek, by contract, indemnification from the shared vehicle owner
505 or the shared vehicle driver for economic loss resulting from a
506 breach of the terms and conditions of the peer-to-peer car-
507 sharing program agreement.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 377 (2020)
Amendment No.
508 Section 4. This act shall take effect March 1, 2021.
509
510
511
512 -----------------------------------------------------
513 T I T L E A M E N D M E N T
514 Remove everything before the enacting clause and insert:
515 An act relating to motor vehicle rentals; amending s. 212.05,
516 F.S.; specifying the applicable sales tax rate on motor vehicle
517 leases and rentals by motor vehicle rental companies and peer-
518 to-peer car-sharing programs; requiring peer-to-peer car-sharing
519 programs to collect and remit the applicable sales tax; amending
520 s. 212.0606, F.S.; defining terms; specifying the applicable
521 rental car surcharge on motor vehicle leases and rentals by
522 motor vehicle rental companies and peer-to-peer car-sharing
523 programs; specifying applicability of the surcharge; requiring
524 motor vehicle rental companies and peer-to-peer car-sharing
525 programs to collect the surcharge; requiring car-sharing
526 services to collect a certain surcharge; making technical
527 changes; creating s. 627.7483, F.S.; defining terms; specifying
528 insurance requirements for shared vehicle owners and shared
529 vehicle drivers under peer-to-peer car-sharing programs;
530 providing that a peer-to-peer car-sharing program has an
531 insurable interest in a shared vehicle during certain periods;
532 authorizing peer-to-peer car-sharing programs to own and
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Bill No. HB 377 (2020)
Amendment No.
533 maintain certain motor vehicle insurance policies; requiring
534 peer-to-peer car-sharing programs to assume certain liability;
535 providing exceptions; requiring a shared vehicle owner's insurer
536 to indemnify the peer-to-peer car-sharing program under certain
537 circumstances; providing an exemption from vicarious liability
538 for peer-to-peer car-sharing programs and shared vehicle owners;
539 authorizing motor vehicle insurers to exclude coverages and a
540 duty to defend or indemnify claims under a shared vehicle
541 owner's policy; providing construction relating to exclusions;
542 providing a right of contribution to a shared vehicle owner's
543 insurer for certain claims; requiring a peer-to-peer car-sharing
544 program to provide certain information to shared vehicle owners
545 regarding liens; specifying recordkeeping and record sharing,
546 disclosure, and driver license verification and data retention
547 requirements for peer-to-peer car-sharing programs; providing
548 that peer-to-peer car-sharing programs have sole responsibility
549 for certain equipment in or on a shared vehicle; providing for
550 indemnification; specifying requirements for peer-to-peer car-
551 sharing programs relating to safety recalls on a shared vehicle;
552 providing construction; providing an effective date.
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HB 435
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 435 Department of Highway Safety and Motor Vehicles
SPONSOR(S): Valdes
TIED BILLS: HB 1007 IDEN./SIM. BILLS: SB 636
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 Department of Highway Safety and Motor Vehicles (DHSMV) is the agency responsible for the issuance of
motor vehicle and vessel certificates of title and registrations, as well as motor vehicle driver licenses.
The bill expands the authority of DHSMV and its authorized agents to collect, share, and utilize electronic mail
addresses and verified texting numbers to contact customers for reasons other than notifying them for renewal
purposes. Authorized additional uses include, but are not limited to, renewal notices, appointment scheduling
information, tax collector office locations, hours of operation, contact information, driving skills testing locations,
and website information.
The bill provides that all records made or kept by DHSMV for vessel registration are subject to inspection and
copying as provided in chapter 119, F.S.
Finally, the bill removes the Florida Fish and Wildlife Commission as the entity eligible to accept applications
by electronic or telephonic means for vessel registration and titling.
The bill will likely have an indeterminate, negative fiscal impact to state and local government expenditures.
See Fiscal Analysis for additional details.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 1/31/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
The Department of Highway Safety and Motor Vehicles (DHSMV) is authorized to accept applications
for motor vehicle and vessel certificates of title and motor vehicle registration by electronic or telephonic
means, and may issue an electronic certificate of title in lieu of printing a paper title.1 DHSMV is also
authorized to collect electronic mail addresses and use electronic mail in lieu of the United States
Postal Service (USPS) as a method of notification for motor vehicle and vessel certificates of title and
motor vehicle renewal notices for registration.2 However, for motor vehicle certificates of title, notices
regarding the potential forfeiture or foreclosure of an interest in property must be sent by USPS rather
than electronic mail.3 DHSMV may also collect electronic mail addresses and use electronic mail, in
lieu of USPS, for the purpose of providing motor vehicle driver license and identification card renewal
notices.4
The Fish and Wildlife Conservation Commission is identified in s. 328.80, F.S., as the agency
authorized to accept applications for vessel registration by electronic or telephonic means; however,
DHSMV is the agency responsible for vessel registrations.5
Proposed Changes
The bill authorizes DHSMV and its authorized agents to collect electronic mail addresses from
customers and use them not only as a method of notification for motor vehicle certificates of title, but
also for any statutorily authorized use related to motor vehicle certificates of title. All electronic mail
addresses must be made available to DHSMV or its authorized agents upon request.
The bill authorizes DHSMV and its authorized agents to collect electronic mail addresses and verified
texting numbers from customers for purposes of e-mailing or texting (in lieu of the USPS) certain motor
vehicle registration, driver license, and identification card information. The information that can be e-
mailed or texted includes, but is not limited to, renewal notices, appointment-scheduling information, tax
collector office locations, hours of operation, contact information, driving skills testing locations, and
website information. All electronic mail addresses and verified texting numbers must be made available
to DHSMV or its authorized agent upon request.
The bill authorizes DHSMV and its authorized agents to collect electronic mail addresses and verified
texting numbers from customers for purposes of e-mailing or texting (in lieu of the USPS) certain vessel
certificate of title and registration information. The information that can be e-mailed or texted includes,
but is not limited to, renewal notices, appointment scheduling information, tax collector office locations,
hours of operation, contact information, and website information. All electronic mail addresses and
verified texting numbers must be made available to DHSMV or its authorized agent upon request.
Additionally, the bill corrects obsolete language referring to the vessel registration duties of the Fish
and Wildlife Conservation Commission and replaces it with DHSMV, which is the agency responsible
for vessel registration.
1
Sections 319.40, 320.95, and 328.30, F.S.
2
Sections 319.40, 320.95, and 328.30, F.S.
3
Section 319.40(3), F.S.
4
Section 322.08(10), F.S.
5
In 1999, the Legislature transferred responsibility for the registration of vessels from the Department of Environmental Protection
(DEP) to DHSMV (Ch. 99-289, L.O.F.). During the same 1999 regular session, the Legislature transferred other duties of DEP to the
Fish and Wildlife Conservation Commission (Ch. 99-245, L.O.F.).
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Lastly, the bill clarifies that all records made or kept by DHSMV for the administration of vessel
registration and titling are subject to inspection and copying as provided in Chapter 119, F.S., relating
to public records.
B. SECTION DIRECTORY:
Section 1: Amends s. 319.40, F.S., relating to transactions by electronic or telephonic means.
Section 2: Amends s. 320.95, F.S., relating to transactions by electronic or telephonic means.
Section 3: Amends s. 322.08, F.S., relating to application for license; requirements for license and
identification card forms.
Section 4: Amends s. 328.30, F.S., relating to transactions by electronic or telephonic means.
Section 5: Amends s. 328.40, F.S., relating to administration of vessel registration and titling laws;
records.
Section 6: Amends s. 328.80, F.S., relating to transactions by electronic or telephonic means.
Section 7: 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:
DHSMV will likely incur indeterminate, but insignificant, programming costs related to modifying the
existing systems to enable the capture of verified texting numbers.6
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill will likely have no impact on local government revenues.
2. Expenditures:
Local governments may incur indeterminate expenditures relating to information technology
programming costs.7
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
6
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2020 House Bill 435, p. 4 (December 16, 2019).
7
Id.
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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:
HB 1007, which this bill is linked to, creates public records exemptions for information similar to the
information contained in this bill. HB 1007 uses different terminology to provide public records
exemptions for “e-mail addresses” and “cellular phone numbers”.
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:
Drafting Issues: Verified Texting Number
The bill authorizes DHSMV and its authorized agents to collect and use “verified texting numbers”;
however, there is no definition for “verified texting numbers”.
Drafting Issues:
The bill requires that all electronic mail addresses and verified texting numbers be made available to
DHSMV or its authorized agents “upon request”. This language may be interpreted to create a
mandatory duty of every person or entity seeking applicable services to provide an electronic mail
address and verified texting number upon the request of DHSMV or its authorized agent.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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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 435 2020
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; amending s. 319.40, F.S.;
4 authorizing the Department of Highway Safety and Motor
5 Vehicles or its authorized agents to collect
6 electronic mail addresses and use electronic mail for
7 certain purposes; requiring that all electronic mail
8 addresses be made available to the department or its
9 authorized agents upon request; amending ss. 320.95
10 and 322.08, F.S.; authorizing the department or its
11 authorized agents to collect electronic mail addresses
12 or verified texting numbers and use electronic mail or
13 text messages in lieu of the United States Postal
14 Service for certain purposes; requiring that all
15 electronic mail addresses and verified texting numbers
16 be made available to the department or its authorized
17 agents upon request; amending s. 328.30, F.S.;
18 limiting the applications the department may accept by
19 electronic or telephonic means; authorizing the
20 department or its authorized agents to collect
21 electronic mail addresses or verified texting numbers
22 and use electronic mail or text messages in lieu of
23 the United States Postal Service for certain purposes;
24 requiring that all electronic mail addresses and
25 verified texting numbers be made available to the
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HB 435 2020
26 department or its authorized agents upon request;
27 amending s. 328.40, F.S.; requiring that certain
28 records made or kept by the department be subject to
29 inspection and copying; amending s. 328.80, F.S.;
30 authorizing the department, instead of the Fish and
31 Wildlife Conservation Commission, to accept certain
32 applications by electronic or telephonic means;
33 authorizing the department or its authorized agents to
34 collect electronic mail addresses or verified texting
35 numbers and use electronic mail or text messages in
36 lieu of the United States Postal Service for certain
37 purposes; requiring that all electronic mail addresses
38 and verified texting numbers be made available to the
39 department or its authorized agents upon request;
40 providing an effective date.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (3) of section 319.40, Florida
45 Statutes, is amended to read:
46 319.40 Transactions by electronic or telephonic means.—
47 (3) The department or its authorized agents may collect
48 electronic mail addresses and use electronic mail for purposes
49 of this chapter, including, but not limited to, use of
50 electronic mail in lieu of the United States Postal Service as a
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51 method of notification. All electronic mail addresses shall be
52 made available to the department or its authorized agents upon
53 request. However, any notice regarding the potential forfeiture
54 or foreclosure of an interest in property must be sent via the
55 United States Postal Service.
56 Section 2. Subsection (2) of section 320.95, Florida
57 Statutes, is amended to read:
58 320.95 Transactions by electronic or telephonic means.—
59 (2) The department or its authorized agents may collect
60 electronic mail addresses or verified texting numbers and use
61 electronic mail or text messages in lieu of the United States
62 Postal Service for the purpose of providing information,
63 including, but not limited to, renewal notices, appointment
64 scheduling information, tax collector office locations, hours of
65 operation, contact information, driving skills testing
66 locations, and website information. All electronic mail
67 addresses and verified texting numbers shall be made available
68 to the department or its authorized agents upon request renewal
69 notices.
70 Section 3. Subsection (10) of section 322.08, Florida
71 Statutes, is amended to read:
72 322.08 Application for license; requirements for license
73 and identification card forms.—
74 (10) The department or its authorized agents may collect
75 electronic mail addresses or verified texting numbers and use
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76 electronic mail or text messages in lieu of the United States
77 Postal Service for the purpose of providing information,
78 including, but not limited to, renewal notices, appointment
79 scheduling information, tax collector office locations, hours of
80 operation, contact information, driving skills testing
81 locations, and website information. All electronic mail
82 addresses and verified texting numbers shall be made available
83 to the department or its authorized agents upon request renewal
84 notices.
85 Section 4. Section 328.30, Florida Statutes, is amended to
86 read:
87 328.30 Transactions by electronic or telephonic means.—
88 (1) The Department of Highway Safety and Motor Vehicles
89 may accept any application provided for under this part chapter
90 by electronic or telephonic means.
91 (2) The department may issue an electronic certificate of
92 title in lieu of printing a paper title.
93 (3) The department or its authorized agents may collect
94 electronic mail addresses or verified texting numbers and use
95 electronic mail or text messages in lieu of the United States
96 Postal Service for the purpose of providing information,
97 including, but not limited to, renewal notices, appointment
98 scheduling information, tax collector office locations, hours of
99 operation, contact information, and website information. All
100 electronic mail addresses and verified texting numbers shall be
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101 made available to the department or its authorized agents upon
102 request renewal notices.
103 Section 5. Subsection (3) of section 328.40, Florida
104 Statutes, is amended to read:
105 328.40 Administration of vessel registration and titling
106 laws; records.—
107 (3) All records made or kept by the Department of Highway
108 Safety and Motor Vehicles under this part are subject to
109 inspection and copying as provided in chapter 119 law are public
110 records except for confidential reports.
111 Section 6. Section 328.80, Florida Statutes, is amended to
112 read:
113 328.80 Transactions by electronic or telephonic means.—
114 (1) The Department of Highway Safety and Motor Vehicles
115 may commission is authorized to accept any application provided
116 for under this part chapter by electronic or telephonic means.
117 (2) The department or its authorized agents may collect
118 electronic mail addresses or verified texting numbers and use
119 electronic mail or text messages in lieu of the United States
120 Postal Service for the purpose of providing information under
121 this part, including, but not limited to, renewal notices,
122 appointment scheduling information, tax collector office
123 locations, hours of operation, contact information, and website
124 information. All electronic mail addresses and verified texting
125 numbers shall be made available to the department or its
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126 authorized agents upon request.
127 Section 7. This act shall take effect July 1, 2020.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 435 (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 Valdés offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Subsection (3) of section 319.40, Florida
8 Statutes, is amended to read:
9 319.40 Transactions by electronic or telephonic means.—
10 (3) The department or its authorized agent tax collectors
11 may collect electronic mail addresses and use electronic mail
12 for purposes of this chapter, including, but not limited to, use
13 of electronic mail in lieu of the United States Postal Service
14 as a method of notification. All electronic mail addresses shall
15 be mutually shared between the department and its authorized
16 agent tax collectors upon request. However, any notice regarding
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 435 (2020)
Amendment No.
17 the potential forfeiture or foreclosure of an interest in
18 property must be sent via the United States Postal Service.
19 Section 2. Subsection (2) of section 320.95, Florida
20 Statutes, is amended to read:
21 320.95 Transactions by electronic or telephonic means.—
22 (2) The department or its authorized agent tax collectors
23 may collect electronic mail addresses or telephone numbers and
24 use electronic mail or text messages in lieu of the United
25 States Postal Service for the purpose of providing information,
26 including, but not limited to, information about the issuance of
27 titles, registrations, disabled parking permits, driver
28 licenses, and identification cards; renewal notices; or the tax
29 collector's office locations, hours of operation, contact
30 information, driving skills testing locations, appointment
31 scheduling information, or website information. All electronic
32 mail addresses and telephone numbers shall be mutually shared
33 between the department and its authorized agent tax collectors
34 upon request renewal notices.
35 Section 3. Subsection (10) of section 322.08, Florida
36 Statutes, is amended to read:
37 322.08 Application for license; requirements for license
38 and identification card forms.—
39 (10) The department or its authorized agent tax collectors
40 may collect electronic mail addresses or telephone numbers and
41 use electronic mail or text messages in lieu of the United
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 435 (2020)
Amendment No.
42 States Postal Service for the purpose of providing information,
43 including, but not limited to, information about the issuance of
44 titles, registrations, disabled parking permits, driver
45 licenses, and identification cards; renewal notices; or the tax
46 collector's office locations, hours of operation, contact
47 information, driving skills testing locations, appointment
48 scheduling information, or website information. All electronic
49 mail addresses and telephone numbers shall be mutually shared
50 between the department and its authorized agent tax collectors
51 upon request renewal notices.
52 Section 4. Section 328.30, Florida Statutes, is amended to
53 read:
54 328.30 Transactions by electronic or telephonic means.—
55 (1) The Department of Highway Safety and Motor Vehicles
56 may accept any application provided for under this part chapter
57 by electronic or telephonic means.
58 (2) The department may issue an electronic certificate of
59 title in lieu of printing a paper title.
60 (3) The department or its authorized agent tax collectors
61 may collect electronic mail addresses or telephone numbers and
62 use electronic mail or text messages in lieu of the United
63 States Postal Service for the purpose of providing information,
64 including, but not limited to, information about the issuance of
65 titles, registrations, disabled parking permits, driver
66 licenses, and identification cards; renewal notices; or the tax
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 435 (2020)
Amendment No.
67 collector's office locations, hours of operation, contact
68 information, driving skills testing locations, appointment
69 scheduling information, or website information. All electronic
70 mail addresses and telephone numbers shall be mutually shared
71 between the department and its authorized agent tax collectors
72 upon request renewal notices.
73 Section 5. Subsection (3) of section 328.40, Florida
74 Statutes, is amended to read:
75 328.40 Administration of vessel registration and titling
76 laws; records.—
77 (3) All records made or kept by the Department of Highway
78 Safety and Motor Vehicles under this part are subject to
79 inspection and copying as provided in chapter 119 law are public
80 records except for confidential reports.
81 Section 6. Section 328.80, Florida Statutes, is amended to
82 read:
83 328.80 Transactions by electronic or telephonic means.—
84 (1) The Department of Highway Safety and Motor Vehicles
85 may commission is authorized to accept any application provided
86 for under this part chapter by electronic or telephonic means.
87 (2) The department or its authorized agent tax collectors
88 may collect electronic mail addresses or telephone numbers and
89 use electronic mail or text messages in lieu of the United
90 States Postal Service for the purpose of providing information
91 under this part, including, but not limited to, information
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 435 (2020)
Amendment No.
92 about the issuance of titles, registrations, disabled parking
93 permits, driver licenses, and identification cards; renewal
94 notices; or the tax collector's office locations, hours of
95 operation, contact information, driving skills testing
96 locations, appointment scheduling information, or website
97 information. All electronic mail addresses and telephone numbers
98 shall be mutually shared between the department and its
99 authorized agent tax collectors upon request.
100 Section 7. This act shall take effect July 1, 2020.
101
102 -----------------------------------------------------
103 T I T L E A M E N D M E N T
104 Remove everything before the enacting clause and insert:
105 A bill to be entitled
106 An act relating to electronic notification by tax
107 collectors; amending s. 319.40, F.S.; authorizing the
108 Department of Highway Safety and Motor Vehicles or its
109 authorized agent tax collectors to collect electronic
110 mail addresses and use electronic mail for certain
111 purposes; requiring that all electronic mail addresses
112 be mutually shared between the department and its
113 authorized agent tax collectors upon request; amending
114 ss. 320.95 and 322.08, F.S.; authorizing the
115 department or its authorized agent tax collectors to
116 collect electronic mail addresses or telephone numbers
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 435 (2020)
Amendment No.
117 and use electronic mail or text messages in lieu of
118 the United States Postal Service for certain purposes;
119 requiring that all electronic mail addresses and
120 telephone numbers be mutually shared between the
121 department and its authorized agent tax collectors
122 upon request; amending s. 328.30, F.S.; limiting the
123 applications the department may accept by electronic
124 or telephonic means; authorizing the department or its
125 authorized agent tax collectors to collect electronic
126 mail addresses or telephone numbers and use electronic
127 mail or text messages in lieu of the United States
128 Postal Service for certain purposes; requiring that
129 all electronic mail addresses and telephone numbers be
130 mutually shared between the department and its
131 authorized agent tax collectors upon request; amending
132 s. 328.40, F.S.; requiring that certain records made
133 or kept by the department be subject to inspection and
134 copying; amending s. 328.80, F.S.; authorizing the
135 department, instead of the Fish and Wildlife
136 Conservation Commission, to accept certain
137 applications by electronic or telephonic means;
138 authorizing the department or its authorized agent tax
139 collectors to collect electronic mail addresses or
140 telephone numbers and use electronic mail or text
141 messages in lieu of the United States Postal Service
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 435 (2020)
Amendment No.
142 for certain purposes; requiring that all electronic
143 mail addresses and telephone numbers be mutually
144 shared between the department and its authorized agent
145 tax collectors upon request; providing an effective
146 date.
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HB 503
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 503 Tampa Bay Area Regional Transit Authority Governing Board
SPONSOR(S): Diamond
TIED BILLS: IDEN./SIM. BILLS: SB 368
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Infrastructure Subcommittee Johnson Vickers
2) State Affairs Committee
SUMMARY ANALYSIS
The Tampa Bay Area Regional Transit Authority (TBARTA) is a body politic and agency of the state, covering
Hernando, Hillsborough, Manatee, Pasco, and Pinellas counties, whose purpose is to plan, develop, fund,
implement, and operate a regional transit system in the Tampa Bay area.
TBARTA’s governing board consists of 13 voting members and two non-voting advisors. The 13 voting board
members include:
One county commissioner from each of its five member counties.
The mayors of the largest municipalities, by population, within the service area of each of the following
independent transit agencies: Pinellas Suncoast Transit Authority (St. Petersburg) and Hillsborough
Area Regional Transit Authority (Tampa).
One member of the governing board from the following transit agencies: Pinellas Suncoast Transit
Authority and Hillsborough Area Regional Transit Authority.
Four members from the regional business community.
The bill authorizes the two mayors serving on TBARTA’s board to designate an alternate who must be an
elected official of said municipality. If the mayor is unable to attend the board meeting, the alternate must
attend the board meeting on the mayor’s behalf and have the full right to vote.
The bill also authorizes the attendance at a board meeting either telephonically, or electronically in order to
meet quorum requirements. However, a member of the board may only attend meetings telephonically or
electronically if his or her physical absence is due to extraordinary circumstances and he or she has obtained
prior written approval from the chair.
The bill does not appear to have a fiscal impact on state or local governments.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Tampa Bay Area Regional Transit Authority
Part V of Ch. 343, F.S., creates the Tampa Bay Area Regional Transit Authority (TBARTA),1 as a body
politic and corporate and agency of the state, covering Hernando, Hillsborough, Manatee, Pasco, and
Pinellas counties and any other contiguous county that is party to an agreement of participation.2
TBARTA’s purpose is to plan, develop, fund, implement, and operate a regional transit system in the
Tampa Bay area.3 Under current law, TBARTA is required to produce a regional transit development
plan, integrating the transit development plans of participant counties, with priority assigned to
regionally significant transit projects and facilities.4 This plan is currently under development.5
TBARTA’s governing board consists of 13 voting members and two non-voting advisors. The secretary
of the Department of Transportation (DOT) appoints two non-voting advisors to the board who are the
district secretaries for the two DOT districts within TBARTA’s designated area. The 13 voting members
of the board are as follows:
The county commissions of Hernando, Hillsborough, Manatee, Pasco, and Pinellas counties
each appoint one county commissioner to the board.
Two members of the board are the mayors of the municipalities with the largest populations6
within the service area of each of the following independent transit agencies: Pinellas Suncoast
Transit Authority (St. Petersburg) and Hillsborough Area Regional Transit Authority (Tampa).
The following independent transit agencies each appoint from the membership of their
governing bodies one member to the board: Pinellas Suncoast Transit Authority and
Hillsborough Area Regional Transit Authority.
The Governor appoints four members from the regional business community, each of whom
must reside in one of the counties governed by the authority and may not be an elected official.7
Seven members of the board constitutes a quorum, and the vote of seven members is necessary for
the authority to take any action. The authority may meet upon the constitution of a quorum. A vacancy
does not impair the right of a quorum of the board to exercise all rights and the ability to perform all
duties of the authority.8
Telephonic and Electronic Participation in Meetings
Article 1, section 24(b) of the Florida Constitution states that “[a]ll meetings of any collegial public body
of the executive branch of state government or of any collegial public body of a county, municipality,
school district, or special district, at which official acts are to be taken or at which public business of
such body is to be transacted or discussed, shall be open and noticed to the public and meetings of the
legislature shall be open and noticed as provided in Article III, Section 4(e), except with respect to
meetings exempted pursuant to this section or specifically closed by this Constitution.”
State Agency Meeting via Communications Media Technology
Section 120.54(5)(b)2, F.S., requires the Administration Commission to adopt uniform rules state
agencies providing procedures for conducting public meetings in person and by means of
1
Prior to 2017, TBARTA was named the Tampa Bay Area Regional Transportation Authority.
2
Sections 343.90 and 343.91(1)(a), F.S.
3
Section 343.922(1), F.S.
4
Section 343.922(3), F.S.
5
Tampa Bay Area Regional Transit Authority Website, https://www.tbarta.com/en/about/about-tbarta/ (last visited Jan. 30, 2020).
6
The municipality with the largest population is determined by the most recent decennial census.
7
Section 343.92(2), F.S.
8
Section 343.82(8), F.S.
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communications media technology.9 These rules are codified in rule 28-109, F.A.C., and provides
procedures for agencies to conduct proceedings using communications media technology. The rules
also provide that nothing in Rule 28-109, F.A.C., may be construed to permit the agency to conduct any
proceeding otherwise subject to s. 286.011, F.S., exclusively by means of communications media
technology without making provision for the attendance of any member of the public who desires to
attend.10
A 1998 Attorney General’s Opinion concluded that s. 120.54(5)(b)2., F.S., authorizes state boards to
conduct public meetings via entirely electronic means provided that the board complies with
Administration Commission’s adopted uniform rules of procedure.11 Based upon the definition of the
term “agency” for purposes of the Ch. 120, F.S., the Administrative Procedures Act, TBARTA is not
considered an agency for purposes of Ch. 120, F.S.12
Local Meetings via Communications Media Technology
In addition to agencies subject to Ch. 120, F.S., s. 163.01(18), F.S., authorizes any separate legal
entity created by interlocal agreement which has member public agencies located in at least five
counties, of which at least three are not contiguous, to conduct public meetings by means of
communications media technology.13 The participation by member public agency in a meeting or
workshop conducted through communications media technology constitutes that member’s presence at
such meeting.
While state agencies and certain entities created by an interlocal agreement may conduct meetings
and vote by means of communications media technology, there has been a question over whether or
not local boards or agencies may conduct meetings in the same manner.14 The Office of Attorney
General rejected a school board’s request to conduct board meetings via electronic means.15 The
Attorney General reasoned that s. 120.54(5)(b)2, F.S., limits its terms only to uniform rules applicable
state agencies.16 The Attorney General explained that “allowing state agencies and their boards and
commissions to conduct meetings via communications media technology under specific guidelines
recognizes the practicality of members from throughout the state participating in meetings of the board
or commission.”17 The Attorney General reasoned that a similar rationale is not applicable to local
boards and commissions even though it may be convenient and save money since the representation
on these boards and commissions are local, thus “such factors would not by themselves appear to
justify or allow the use of electronic media technology in order to assemble the members for a
meeting.”18 However, if a quorum of a local board is physically present at the public meeting, a board
may allow a member who is unavailable to physically attend the meeting due to extraordinary
circumstances such as illness, to participate and vote at the meeting via communications media
technology.19
Effect of the Bill
The bill authorizes the mayors of the largest municipalities within the service areas of the Pinellas
Suncoast Transit Authority (St. Petersburg) and the Hillsborough Regional Transit Authority (Tampa) to
designate alternates who must be elected members of the municipality’s city council. In the event that
9
Section 120.54(5)(b)2., F.S., defines the term , “communications media technology” means the electronic transmission of printed
matter, audio, full-motion video, freeze-frame video, compressed video, and digital video by any method available.
10
Rule 28-109.004(1), F.A.C.
11
98-28 Fla. Op. Att’y Gen. (1998).
12
The definition of the term agency in s. 120.52(1), F.S., specifically excludes transportation authorities created pursuant to CH. 343,
F.S., which includes TBARTA.
13
As used in s. 163.01(18), F.S., the term “communications media technology” means conference telephone, video conference, or
other communications technology by which all persons attending a public meeting or workshop may audibly communicate.
14
Robert Eschenfelder, Modern Sunshine: Attending Public Meetings in the Digital Age, 84 Fla. B.J. 28 (2010).
15
98-28 Fla. Op. Att’y Gen. (1998).
16
Id.
17
Id.
18
Id.
19
Id.
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the mayor is unable to attend a TBARTA board meeting, the mayor’s designated alternate must attend
the meeting on the mayor’s behalf and has the full right to vote.
The bill revises the quorum requirements for TBARTA’s board meeting. While seven members of the
board are still required for a quorum, the bill authorizes board members to physically, telephonically, or
electronically attend the meeting. However, a board member may not attend a meeting telephonically
or electronically unless his or her physical absence from the meeting is due to extraordinary
circumstances and he or she has received prior written approval from the chair.
B. SECTION DIRECTORY:
Section 1 amends s. 343.92, F.S., relating to the Tampa Bay Area Regional Transit Authority.
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 revenues.
2. Expenditures:
The bill does not appear to impact state expenditures.
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 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.
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B. RULE-MAKING AUTHORITY:
This 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
None
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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 503 2020
1 A bill to be entitled
2 An act relating to the Tampa Bay Area Regional Transit
3 Authority governing board; amending s. 343.92, F.S.;
4 authorizing a mayor's designated alternate to serve as
5 a member of the board; providing membership
6 requirements; specifying the designated alternate's
7 right to vote; authorizing members to attend a meeting
8 physically, telephonically, or electronically in order
9 to constitute a quorum; providing requirements for
10 telephonic or electronic attendance; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (b) of subsection (2) and subsection
16 (8) of section 343.92, Florida Statutes, are amended to read:
17 343.92 Tampa Bay Area Regional Transit Authority.—
18 (2) The governing board of the authority shall consist of
19 13 voting members appointed no later than 45 days after the
20 creation of the authority.
21 (b) The 13 voting members of the board shall be as
22 follows:
23 1. The county commissions of Hernando, Hillsborough,
24 Manatee, Pasco, and Pinellas Counties shall each appoint one
25 county commissioner to the board. Members appointed under this
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HB 503 2020
26 subparagraph shall serve 2-year terms with not more than three
27 consecutive terms being served by any person. If a member under
28 this subparagraph leaves elected office, a vacancy exists on the
29 board to be filled as provided in this subparagraph within 90
30 days.
31 2.a. Two members of the board shall be the mayor, or the
32 mayor's designated alternate, of the largest municipality within
33 the service area of each of the following independent transit
34 agencies or their legislatively created successor agencies:
35 Pinellas Suncoast Transit Authority and Hillsborough Area
36 Regional Transit Authority. The largest municipality is that
37 municipality with the largest population as determined by the
38 most recent United States Decennial Census.
39 b. The mayor's designated alternate must be an elected
40 member of the municipality's city council. In the event the
41 mayor is unable to attend a meeting, the mayor's designated
42 alternate shall attend the meeting on the mayor's behalf and
43 shall have full right to vote.
44 3. The following independent transit agencies or their
45 legislatively created successor agencies shall each appoint from
46 the membership of their governing bodies one member to the
47 board: Pinellas Suncoast Transit Authority and Hillsborough Area
48 Regional Transit Authority. Each member appointed under this
49 subparagraph shall serve a 2-year term with not more than three
50 consecutive terms being served by any person. If a member no
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HB 503 2020
51 longer meets the transit authority's criteria for appointment, a
52 vacancy exists on the board, which must be filled as provided in
53 this subparagraph within 90 days.
54 4. The Governor shall appoint to the board four members
55 from the regional business community, each of whom must reside
56 in one of the counties governed by the authority and may not be
57 an elected official. Of the members initially appointed under
58 this subparagraph, one shall serve a 1-year term, two shall
59 serve 2-year terms, and one shall serve a term as the initial
60 chair as provided in subsection (5). Thereafter, a member
61 appointed under this subparagraph shall serve a 2-year term with
62 not more than three consecutive terms being served by any
63 person.
64
65 Appointments may be staggered to avoid mass turnover at the end
66 of any 2-year or 4-year period. A vacancy during a term shall be
67 filled within 90 days in the same manner as the original
68 appointment for the remainder of the unexpired term.
69 (8)(a) Seven members of the board, whether in attendance
70 at a meeting physically, telephonically, or electronically,
71 shall constitute a quorum, and the vote of seven members is
72 necessary for any action to be taken by the authority. The
73 authority may meet upon the constitution of a quorum. A vacancy
74 does not impair the right of a quorum of the board to exercise
75 all rights and the ability to perform all duties of the
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HB 503 2020
76 authority.
77 (b) A member of the board may not attend a meeting
78 telephonically or electronically unless his or her physical
79 absence from the meeting is due to extraordinary circumstances
80 and he or she has received the prior written approval of the
81 chair.
82 Section 2. This act shall take effect July 1, 2020.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 503 (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 Diamond offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (i) of subsection (6) of section
8 339.175, Florida Statutes, is amended to read
9 339.175 Metropolitan planning organization.—
10 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
11 privileges, and authority of an M.P.O. are those specified in
12 this section or incorporated in an interlocal agreement
13 authorized under s. 163.01. Each M.P.O. shall perform all acts
14 required by federal or state laws or rules, now and subsequently
15 applicable, which are necessary to qualify for federal aid. It
16 is the intent of this section that each M.P.O. shall be involved
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 503 (2020)
Amendment No.
17 in the planning and programming of transportation facilities,
18 including, but not limited to, airports, intercity and high-
19 speed rail lines, seaports, and intermodal facilities, to the
20 extent permitted by state or federal law.
21 (i) There is created the Tampa Bay Area Regional Transit
22 Authority Metropolitan Planning Organization Chairs Coordinating
23 Committee is created within the Tampa Bay Area Regional Transit
24 Authority, composed of the M.P.O.'s serving Citrus, Hernando,
25 Hillsborough, Manatee, Pasco, Pinellas, Polk, and Sarasota
26 Counties. The authority shall provide administrative support and
27 direction to the committee. The committee must, at a minimum:
28 1. Coordinate transportation projects deemed to be
29 regionally significant by the committee.
30 2. Review the impact of regionally significant land use
31 decisions on the region.
32 3. Review all proposed regionally significant
33 transportation projects in the respective transportation
34 improvement programs which affect more than one of the M.P.O.'s
35 represented on the committee.
36 4. Institute a conflict resolution process to address any
37 conflict that may arise in the planning and programming of such
38 regionally significant projects.
39 Section 2. Paragraph (b) of subsection (2) and subsections
40 (8) and (9) of section 343.92, Florida Statutes, are amended to
41 read
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 503 (2020)
Amendment No.
42 343.92 Tampa Bay Area Regional Transit Authority.—
43 (2) The governing board of the authority shall consist of
44 13 voting members appointed no later than 45 days after the
45 creation of the authority.
46 (b) The 13 voting members of the board shall be as
47 follows:
48 1. The county commissions of Hernando, Hillsborough,
49 Manatee, Pasco, and Pinellas Counties shall each appoint one
50 county commissioner to the board. Members appointed under this
51 subparagraph shall serve 2-year terms with not more than three
52 consecutive terms being served by any person. If a member under
53 this subparagraph leaves elected office, a vacancy exists on the
54 board to be filled as provided in this subparagraph within 90
55 days.
56 2.a. Two members of the board shall be the mayor, or the
57 mayor's designated alternate, of the largest municipality within
58 the service area of each of the following independent transit
59 agencies or their legislatively created successor agencies:
60 Pinellas Suncoast Transit Authority and Hillsborough Area
61 Regional Transit Authority. The largest municipality is that
62 municipality with the largest population as determined by the
63 most recent United States Decennial Census.
64 b. The mayor's designated alternate must be an elected
65 member of the municipality's city council and approved as the
66 mayor's designated alternate by the municipality's city council.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 503 (2020)
Amendment No.
67 In the event the mayor is unable to attend a meeting, the
68 mayor's designated alternate shall attend the meeting on the
69 mayor's behalf and has the full right to vote.
70 3. The following independent transit agencies or their
71 legislatively created successor agencies shall each appoint from
72 the membership of their governing bodies one member to the
73 board: Pinellas Suncoast Transit Authority and Hillsborough Area
74 Regional Transit Authority. Each member appointed under this
75 subparagraph shall serve a 2-year term with not more than three
76 consecutive terms being served by any person. If a member no
77 longer meets the transit authority's criteria for appointment, a
78 vacancy exists on the board, which must be filled as provided in
79 this subparagraph within 90 days.
80 4. The Governor shall appoint to the board four members
81 from the regional business community, each of whom must reside
82 in one of the counties governed by the authority and may not be
83 an elected official. Of the members initially appointed under
84 this subparagraph, one shall serve a 1-year term, two shall
85 serve 2-year terms, and one shall serve a term as the initial
86 chair as provided in subsection (5). Thereafter, a member
87 appointed under this subparagraph shall serve a 2-year term with
88 not more than three consecutive terms being served by any
89 person.
90
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 503 (2020)
Amendment No.
91 Appointments may be staggered to avoid mass turnover at the end
92 of any 2-year or 4-year period. A vacancy during a term shall be
93 filled within 90 days in the same manner as the original
94 appointment for the remainder of the unexpired term.
95 (8) A simple majority Seven members of the board shall
96 constitute a quorum, and a simple majority of the voting members
97 present shall be necessary for any action to be taken by the
98 board the vote of seven members is necessary for any action to
99 be taken by the authority. The authority may meet upon the
100 constitution of a quorum. A vacancy does not impair the right of
101 a quorum of the board to exercise all rights and the ability to
102 perform all duties of the authority.
103 (9) Beginning July 1, 2017, the board must evaluate the
104 abolishment, continuance, modification, or establishment of the
105 following committees:
106 (a) Planning committee.
107 (b) Policy committee.
108 (c) Finance committee.
109 (d) Citizens advisory committee.
110 (e) Tampa Bay Area Regional Transit Authority Metropolitan
111 Planning Organization Chairs Coordinating Committee.
112 (f) Transit management committee.
113 (g) Technical advisory committee.
114
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 503 (2020)
Amendment No.
115 The board must submit its recommendations for abolishment,
116 continuance, modification, or establishment of the committees to
117 the President of the Senate and the Speaker of the House of
118 Representatives before the beginning of the 2018 Regular
119 Session.
120 Section 3. Paragraphs (e), (f), and (g) of subsection (3)
121 of section 343.922, Florida Statutes, are amended to read
122 343.922 Powers and duties.—
123 (3)
124 (e) The authority shall present the original regional
125 transit development plan and updates to the governing bodies of
126 the counties within the designated region, to the TBARTA
127 Metropolitan Planning Organization Chairs Coordinating
128 Committee, and to the legislative delegation members
129 representing those counties within 90 days after adoption.
130 (f) The authority shall coordinate plans and projects with
131 the TBARTA Metropolitan Planning Organization Chairs
132 Coordinating Committee, to the extent practicable, and
133 participate in the regional M.P.O. planning process to ensure
134 regional comprehension of the authority's mission, goals, and
135 objectives.
136 (g) The authority shall provide administrative support and
137 direction to the TBARTA Metropolitan Planning Organization
138 Chairs Coordinating Committee as provided in s. 339.175(6)(i).
139 Section 4. This act shall take effect July 1, 2020.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 503 (2020)
Amendment No.
140
141
142 -----------------------------------------------------
143 T I T L E A M E N D M E N T
144 Remove everything before the enacting clause and insert:
145 An act relating to the Tampa Bay Area Regional Transit
146 Authority; amending s. 339.175, F.S.; renaming the Tampa Bay
147 Area Regional Transit Authority Metropolitan Planning
148 Organization Chairs Coordinating Committee; deleting a
149 requirement that the authority provide the committee with
150 administrative support and direction; amending s. 343.92, F.S.;
151 authorizing a mayor's designated alternate to serve as a member
152 of the board; providing membership requirements; specifying the
153 designated alternates right to vote; providing quorum
154 requirements; repealing obsolete provisions; amending s.
155 343.922, F.S.; making conforming changes; repealing powers and
156 duties of the authority relating to the Tampa Bay Area Regional
157 Transit Authority Metropolitan Planning Organization Chairs
158 Coordinating Committee; providing an effective date.
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HB 533
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 533 Child Restraint Requirements
SPONSOR(S): Beltran and others
TIED BILLS: IDEN./SIM. BILLS: SB 158
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Infrastructure Subcommittee Roth Vickers
2) Children, Families & Seniors Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
Florida law requires every operator of a motor vehicle operated on the roadways, streets, or highways of this
state to provide for protection of a child who is five years of age or younger by properly using a crash-tested,
federally approved child restraint device as follows:
For children through three years of age, the device must be a separate carrier or a vehicle
manufacturer’s integrated child seat.
For children aged four through five years, a separate carrier, an integrated child seat, or a child booster
seat may be used.
The bill increases from five years of age or younger, to six years of age or younger, the requirement to provide
for protection of a child by properly using a crash-tested, federally approved child restraint device.
The bill also increases from age four through five years, to age four through six years, the authorization to use
a separate carrier, an integrated child seat, or a child booster seat.
To the extent there is an increase in the number of traffic citations issued because of the change in child safety
restraint requirements, state and local governments may realize a positive fiscal impact from these additional
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: h0533.TIS
DATE: 1/31/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Child Passenger Safety
Motor vehicle injuries are a leading cause of death among children in the United States.1 However, use
of a car seat reduces the risk of death to children by 71 to 82 percent, when compared with seat belt
use alone.2 Additionally, the use of a booster seat reduces the risk of serious injury by 45 percent for
children aged 4-8 years.3
A study of five states that increased the age requirement to 7 or 8 years for car seat and booster seat
use found that the rate of children using car seats and booster seats increased nearly three times, and
the rate of children who sustained fatal or incapacitating injuries decreased by 17 percent.4
The National Highway Traffic Safety Administration (NHTSA), the Center for Disease Control
Prevention, and the American Academy of Pediatrics (AAP) have produced guidelines for parents and
caregivers to make sure their children are secured appropriately for their age, height, and weight. For
instance, AAP’s guidelines are:
All infants and toddlers should ride in a rear-facing car safety seat (CSS) until they are 2 years
of age or until they reach the highest weight or height allowed by the manufacturer of their CSS.
All children 2 years or older, or those younger than 2 years who have outgrown the rear-facing
weight or height limit for their CSS, should use a forward-facing CSS with a harness for as long
as possible, up to the highest weight or height allowed by the manufacturer of their CSS.
All children whose weight or height is above the forward-facing limit for their CSS should use a
belt-positioning booster seat until the vehicle lap-and-shoulder seat belt fits properly, typically
when they have reached 4 feet 9 inches in height and are between 8 and 12 years of age.
When children are old enough and large enough to use the vehicle seat belt alone, they should
always use lap-and-shoulder seat belts for optimal protection.
All children younger than 13 years should be restrained in the rear seats of vehicles for optimal
protection.5
Car seats available on the market offer a variety of choices. The best choice, according to NHTSA, is a
selection based on a given child’s age and size, which complies with the specific car seat
manufacturer’s instructions for height and weight limits, and is properly installed in accordance with the
vehicle’s owner’s manual.6 Car seats are generally available in three types, with variations in each type:
Rear-facing car seats have a harness and, in a crash, cradles and moves with a child to reduce
the stress to the child’s neck and spinal cord;
Forward-facing car seats have a harness and tether that limits a child’s forward movement
during a crash; and
Booster seats position the seat belt so that it fits properly over the stronger parts of a child’s
body.7
1
Centers for Disease Control and Prevention, Child Passenger Safety: Get the Facts, available at
http://www.cdc.gov/motorvehiclesafety/child_passenger_safety/cps-factsheet.html (last visited October 16, 2019).
2
Id.
3
Id.
4
Id.
5
American Academy of Pediatrics, Child Passenger Safety, April 2011, available at
https://pediatrics.aappublications.org/content/127/4/788 (last visited October 18, 2019).
6
National Highway Traffic Safety Administration, Car Seats and Booster Seats, available at https://www.nhtsa.gov/equipment/car-
seats-and-booster-seats#age-size-rec (last viewed October 18, 2019).
7
Id.
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Florida Law
Child Restraint Requirements
Florida law requires every operator of a motor vehicle8 operated on the roadways, streets, or highways
of this state to provide for protection of a child who is five years of age or younger by properly using a
crash-tested, federally approved child restraint device:
For children through three years of age, the device must be a separate carrier or a vehicle
manufacturer’s integrated child seat.
For children aged four through five years, a separate carrier, an integrated child seat, or a child
booster seat may be used. However, the requirement does not apply when a safety belt is used
as required in s. 316.614(4)(a), F.S., and the child:
o Is being transported gratuitously by an operator who is not a member of the child’s
immediate family;
o Is being transported in a medical emergency situation involving the child; or
o Has a medical condition that necessitates an exception as evidenced by appropriate
documentation from a health care professional.9
A person who violates Florida’s child restraint requirements, commits a moving violation punishable by
a penalty of $60 plus any applicable local court costs.10 In addition, the violator will have three points
assessed against his or her driver license.11 In lieu of the monetary penalty and the assessment of
points, a violator may elect to participate in a child restraint safety program, with the approval of the
court with jurisdiction over the violation. After completing the program, the court may waive the
monetary penalty, and must waive the assessment of points.12
Safety Belt Use Under 18
Florida law prohibits a person from operating a motor vehicle or autocycle in this state unless each
passenger and the operator of the vehicle or autocycle under the age of 18 years are restrained by a
safety belt or by a child restraint device, if applicable.13
School Buses
Florida law requires each school bus14 purchased new after December 31, 2000, and used to transport
students in grades pre-K through 12, be equipped with safety belts or with any other federally approved
restraint system in a number sufficient to allow each student being transported to use a separate safety
belt or restraint system.15 Enacted in 1999, the statute requires each school district to prioritize the
allocation of buses equipped with safety belts or restraint systems to children in elementary schools.16
8
Section 316.003(42), F.S., defines “motor vehicle,” except for purposes of the payment of tolls, as “a self-propelled vehicle not
operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, mobile
carrier, personal delivery device, swamp buggy, or moped.” As used in s. 316.613, F.S., the term “motor vehicle” does not include:
A school bus as defined in s. 316.003, F.S.
A bus used for the transportation of persons for compensation, other than a bus regularly used to transport children to or from
school, as defined in s. 316.615(1)(b), F.S., or in conjunction with school activities.
A farm tractor or implement of husbandry.
A truck having a gross vehicle weight rating of more than 26,000 pounds.
A motorcycle, moped, or bicycle.
9
Section 316.613, F.S.
10
Section 318.18(3)(a), F.S.
11
Section 322.27(3)(d)7., F.S.
12
Section 316.613(5), F.S.
13
Section 316.614(4)(a), F.S.
14
As used in that section, “school bus” means one that is owned, leased, operated, or contracted by a school district.
15
Section 316.6145, F.S.
16
Section 1006.25(2), F.S., requires each school bus regularly used for the transportation of prekindergarten disability program and K-
12 public school students to and from school or to and from school activities, and owned, operated, rented, contracted, or leased by
any district school board to comply with the applicable federal motor vehicle safety standards. Subsection (4) of that section requires
students be transported only in designated seating positions, except in specified emergency situations, and use the occupant crash
protection system provided by the manufacturer. The Department of Education posts on its website guidelines providing “clarification
and interpretation of the NHTSA Guidelines, and additional background and Department of Education recommendations regarding
technical and operational issues associated with transporting pre-school age students.” See Florida Department of Education, Florida
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However, the provisions of s. 316.613, F.S., relating to child safety restraints, do not apply to school
buses, as they are excluded from the definition of “motor vehicle” for purposes of that section.17
Child Care Facility Vehicles
Florida law requires the Florida Department of Children and Families (DCF) to establish licensing
standards that each licensed child care facility must meet regardless of the origin or source of the fees
used to operate the facility or the type of children served.18 Section 402.305(10), F.S., requires the
minimum standards, among other items, to include requirements for child restraints or seat belts in
vehicles used by child care facilities19 and large family child care homes20 to transport children.
Pursuant to that direction, DCF’s Florida Administrative Code Rule 65C-22.001(6)(e) requires each
child transported in a child care facility vehicle or a large family child care home vehicle to be in an
individual, factory-installed seat belt or a federally approved child restraint.
Child Restraint Requirements in Other States
The 50 states and the District of Columbia all have laws requiring some type of child restraint seats for
children under a certain age, height, or weight. The majority of states require child restraint seats until
age six or seven.21 Additionally, many states require rear facing child restraint seats for children under
a certain age and weight.22
For example, the state of Connecticut requires children under the age of two or under thirty pounds to
ride rear facing in a child restraint system equipped with a five-point harness. Children under the age of
five, but not under the age of two, or under forty pounds, but not under thirty pounds, are required to be
in a forward facing child restraint system equipped with a five-point harness. All children under age
eight and under sixty pounds must be in some type of child restraint seat including a booster seat.23
Tennessee requires children under the age of one, or weighing less than twenty pounds, to ride rear-
facing in a child restraint system that meets federal motor vehicle safety standards. Children age one
through three years old and weighing more than twenty pounds are required to ride in a child safety
restraint system (rear facing or forward facing) that meets federal motor vehicle safety standards.
Children age four through eight years of age and measuring less than four feet nine inches in height,
are required to be in a child restraint seat, including a belt positioning booster seat system, that meets
the federal motor vehicle safety standards.24
Effect of Proposed Changes
The bill amends s. 316.613, F.S., by increasing from five years of age or younger, to six years of age or
younger, the requirement to provide for protection of a child by properly using a crash-tested, federally
approved child restraint device.
Guidelines for Seating of Pre-school Age Children in School Buses, available at http://www.fldoe.org/schools/healthy-
schools/transportation/ (last viewed October 22, 2019).
17
Section 316.613(2)(a), F.S.
18
Section 402.305(1), F.S.
19
Section 402.302(1), F.S., defines “child care” to mean “the care, protection, and supervision of a child, for a period of less than 24
hours a day on a regular basis, which supplements parental care, enrichment, and health supervision for the child, in accordance with
his or her individual needs, and for which a payment, fee, or grant is made for care.” Subsection (2) of that section defines “child care
facility” to include “any child care center or child care arrangement which provides child care for more than five children unrelated to
the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not
operated for profit.”
20
Section 402.302, F.S., defines “large family child care home” to mean “an occupied resident in which child care is regularly
provided for children from at least two unrelated families, which receives a payment, fee, or grant for any of the children receiving
care, whether or not operated for profit, and which has at least two full-time child care personnel on the premises during the hours of
operation, with one of the two personnel being the owner or occupant of the residence.”
21
AAA Digest of Motor Laws, Child Passenger Safety, available at https://drivinglaws.aaa.com/tag/child-passenger-safety/ (last
visited October 21, 2019).
22
Id.
23
Conn. Gen. Stat. § 14-100a (2019)
24
Tenn. Code Ann. § 55-9-602 (2019)
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The bill also increases from age four through five years, to age four through six years, the authorization
to use a separate carrier, an integrated child seat, or a child booster seat. Children being transported in
a child restraint device in compliance with the current provisions of s. 316.613(1) and (1)(a)2., F.S.,
must be kept in that (or another) compliant device for one additional year.
B. SECTION DIRECTORY:
Section 1: Amends s. 316.613, F.S., relating to child restraint requirements.
Section 2: Provides an effective date of July 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
To the extent there is an increase in the number of traffic citations issued due to the new child
safety restraint requirements, the state may realize additional revenues. However, the fiscal impact
cannot be quantified and is indeterminate.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
To the extent there is an increase in the number of traffic citations issued due to the new child
safety restraint requirements, local governments may realize additional revenues. However, the
fiscal impact cannot be quantified and is indeterminate.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The change in child safety restraint requirements may result in more motorists being assessed traffic
fines, and may require motorists to purchase new child safety restraint seats.
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 expenditures of funds; reduce the authority that counties or municipalities have
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DATE: 1/31/2020
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:
There is no rulemaking authority granted in the bill, nor is there a need for rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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DATE: 1/31/2020
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 533 2020
1 A bill to be entitled
2 An act relating to child restraint requirements;
3 amending s. 316.613, F.S.; increasing the age of
4 children for whom operators of motor vehicles must
5 provide protection by using a crash-tested, federally
6 approved child restraint device; increasing the age of
7 children for whom a separate carrier, an integrated
8 child seat, or a child booster seat may be used;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (a) of subsection (1) of section
14 316.613, Florida Statutes, is amended to read:
15 316.613 Child restraint requirements.—
16 (1)(a) Every operator of a motor vehicle as defined in
17 this section, while transporting a child in a motor vehicle
18 operated on the roadways, streets, or highways of this state,
19 shall, if the child is 6 5 years of age or younger, provide for
20 protection of the child by properly using a crash-tested,
21 federally approved child restraint device.
22 1. For children aged through 3 years, such restraint
23 device must be a separate carrier or a vehicle manufacturer's
24 integrated child seat.
25 2. For children aged 4 through 6 5 years, a separate
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hb0533-00
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 533 2020
26 carrier, an integrated child seat, or a child booster seat may
27 be used. However, the requirement to use a child restraint
28 device under this subparagraph does not apply when a safety belt
29 is used as required in s. 316.614(4)(a) and the child:
30 a. Is being transported gratuitously by an operator who is
31 not a member of the child's immediate family;
32 b. Is being transported in a medical emergency situation
33 involving the child; or
34 c. Has a medical condition that necessitates an exception
35 as evidenced by appropriate documentation from a health care
36 professional.
37 Section 2. This act shall take effect July 1, 2020.
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hb0533-00
HB 951
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 951 Assaults on Specified Persons
SPONSOR(S): Beltran and others
TIED BILLS: IDEN./SIM. BILLS: SB 1416
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Infrastructure Subcommittee Johnson Vickers
2) Justice Appropriations Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
The Department of Transportation has adopted rules establishing equipment and operational safety standards
for bus transit systems. These standards do not currently require assault mitigation infrastructure and
technology to be installed on buses.
The bill requires every public transit provider operating regularly scheduled transit service for the general public
to post at the entrance of each public transit vehicle a sign containing the following statement:
“ATTENTION: ASSAULTING A TRANSIT WORKER IS A FELONY PUNISHABLE BY UP TO 5
YEARS IN PRISON.”
Additionally, each public transit provider must create and implement a risk reduction program. At a minimum,
each risk reduction program must include the deployment of assault mitigation infrastructure (including barriers
to restrict the unwanted entry of individuals and objects into the transit operator’s workstation) and conflict de-
escalation training for transit operators.
The bill provides that an assault against a transit operator is reclassified from a second degree misdemeanor
to a third degree felony. The effect of this change is that the maximum penalty increases from up to a year in
county jail to up to five years in state prison.
The bill is expected to have a significant impact to state expenditures associated with an increase in the
required number of prison beds. 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: h0951.TIS
DATE: 1/31/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Transit Worker Safety
Section 341.031, F.S., defines the term “public transit provider” as a public agency providing public
transit service, including rail authorities created in Ch. 343, F.S.1 The term “public transit” is defined as
the transporting of people by conveyances, or systems of conveyances, traveling on land or water,
local or regional in nature, and available for use by the public. Public transit systems may be either
governmentally owned or privately owned.2
Rule 14-90, F.A.C., provides the Department of Transportation’s rules for equipment and operational
safety standards for bus transit systems,3 including minimum equipment safety standards for buses.
Currently, these standards do not require assault mitigation infrastructure and technology to be
installed on buses.4
Assault on Specified Persons
Assault, which is classified as a second degree misdemeanor, is defined as an intentional, unlawful
threat by word or act to do violence to the person of another, coupled with an apparent ability to do so,
and doing some act which creates a well-founded fear in such other person that such violence is
imminent.5
Section 784.07(2), F.S., reclassifies the misdemeanor or felony degree of assault, aggravated assault,
battery, and aggravated battery when a person is charged with knowingly committing any of these
offenses upon the following specified persons while he or she is engaged in the lawful performance of
his or her duties:
A law enforcement officer;
A firefighter;
An emergency medical care provider;
A railroad special officer;
A traffic accident investigation officer;
A nonsworn law enforcement agency employee;
A law enforcement explorer;
A traffic infraction enforcement officer;
A parking enforcement specialist;
A uniformed licensed security officer;
A security officer employed by the board of trustees of a community college; or
A public transit employee or agent.6
The reclassification of the degree of the offense is as follows:
In the case of assault, from a second degree misdemeanor to a first degree misdemeanor;
1
Section 341.031(1), F.S.
2
Section 341.031(6), F.S.
3
Rule 14-90.002(2), F.A.C., defines the term “bus transit system” means a community transportation coordinator; a public transit
provider; or a private contract transit provider which owns, operates, leases, or controls buses or taxicabs where such transportation
consists of continuous or recurring transportation under the same contract; or a privately owned or operated transit provider that
receives operational or capital funding from the Department and owns, operates, leases, or controls buses, other than nonpublic sector
buses that provides transportation services available for use by the general riding public.
4
Rule 14-90.007, F.A.C.
5
Section 784.011(1) and (2), F.S.
6
Section 784.07(1)(e), F.S., defines the term “public transit employees or agents” as bus operators, train operators, revenue collectors,
security personnel, equipment maintenance personnel, or field supervisors, who are employees or agents of a transit agency as
described in s. 812.015(1)(l), F.S.
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In the case of battery, from a first degree misdemeanor to a third degree felony;
In the case of aggravated assault, from a third degree felony to a second degree felony, and
any person convicted of aggravated assault upon a law enforcement officer is subject to a
mandatory three-year minimum term of imprisonment; and
In the case of aggravated battery, from a second degree felony to a first degree felony, and any
person convicted of aggravated battery of a law enforcement officer is subject to a mandatory
five-year minimum term of imprisonment.
Reclassifying an offense has the effect of increasing the maximum sentence that may be imposed for
an offense. The maximum sentence that may be imposed for a criminal offense is generally based on
the degree of the misdemeanor or felony:
Sixty days in a county jail for a second degree misdemeanor;
One year in a county jail for a first degree misdemeanor;
Five years in state prison for a third degree felony;
Fifteen years in state prison for a second degree felony; and
Generally, 30 years in state prison for a first degree felony.7
Effect of the Bill
Requirements for Public Transit Providers
The bill requires that, by January 1, 2021, every public transit provider operating regularly scheduled
transit service for the general public must post in at least one conspicuous place at the entrance of
each public transit vehicle a yellow sign with black, bold type font no smaller than 48 point containing
the following statement:
“ATTENTION: ASSAULTING A TRANSIT WORKER IS A FELONY PUNISHABLE BY
UP TO 5 YEARS IN PRISON.”
By July 1, 2021, each public transit provider must create and implement a risk reduction program. At a
minimum, each risk reduction program must include the deployment of assault mitigation infrastructure
and technology on public transit (including barriers to restrict the unwanted entry of individuals and
objects into transit operator’s workstations) and conflict de-escalation training for transit operators.
Revision of the Degree Designation of Assault
The bill reclassifies the felony or misdemeanor degree of assaults on specified persons providing that
that an assault against any of these specified persons is reclassified from a second degree
misdemeanor to a third degree felony. Currently, such an assault is reclassified from a second degree
misdemeanor to a first degree misdemeanor. The effect of this change is that an assault reclassified to
a third-degree felony has a maximum penalty of five years in state prison; in contrast, the maximum
penalty for an assault currently reclassified as a first-degree misdemeanor is a year in county jail.
B. SECTION DIRECTORY:
Section 1 creates s. 341.0611, F.S., relating to transit worker safety.
Section 2 amends s. 784.07, F.S., relating to assault or battery of specified officers.
Section 3 provides an effective date of October 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
7
Section 775.082, F.S. (maximum penalties). Fines may also be imposed, and those fines escalate based on the degree of the offense.
Section 775.082, F.S., provides the following maximum fines: $500 for a second degree misdemeanor; $1,000 for a first degree
misdemeanor; $5,000 for a third degree felony; and $10,000 for a second degree felony and a first degree felony.
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1. Revenues:
The bill does not appear to impact state revenues.
2. Expenditures:
The Criminal Justice Impact Conference, which provides the final, official estimate of the prison bed
impact, if any, of legislation, has not yet published the impacts of this bill. The Office of Economic
and Demographic Research preliminarily estimates that the bill will have a “positive significant”
prison bed impact (an increase of more than 25 prison beds).8
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill does not appear to impact local government revenues.
2. Expenditures:
Indeterminate. Local governments will likely incur significant expenditures associated with installing
signs on each public transit vehicle and the implementation of a risk reduction program, including
the installation of barriers protecting transit operator workstations.
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, section 18, of the Florida Constitution may
apply because this bill requires public transit agency to install signs and barriers in public transit
vehicles; however, an exception may apply since similarly situated persons are all required to
comply.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
This bill does not provide a grant of rulemaking authority, nor does it require rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
While s. 784.07, F.S., appears to apply when the victim is a public transit employee or agent, there is
no specific reference in the statute to a public transit employee or agent in the list of officers and
employees referenced as being subject to an assault or battery, which triggers the reclassification if the
assault or battery occurs while the officer or employee is engaged in his or her lawful duties. To provide
greater clarity that s. 784.07, F.S., applies to an assault or battery on a public transit employee or
agent, the bill’s sponsor may wish to include specific reference to a public transit employee or agent in
the list of officers or employees who have been assaulted or battered (as charged).
8
The EDR’s preliminary estimate is on file with the Transportation & Infrastructure Subcommittee.
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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.
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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 951 2020
1 A bill to be entitled
2 An act relating to assaults on specified persons;
3 creating s. 341.0611, F.S.; requiring public transit
4 providers to post a specified sign concerning
5 assaulting a transit operator; requiring public
6 transit providers to create and implement a risk
7 reduction program; specifying requirements for such a
8 program; amending s. 784.07, F.S.; revising the
9 reclassification of the offense of assault on
10 specified persons; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Section 341.0611, Florida Statutes, is created
15 to read:
16 341.0611 Transit worker safety.—
17 (1) By January 1, 2021, every public transit provider
18 operating regularly scheduled transit service for the general
19 public shall post in at least one conspicuous place at the
20 entrance of each public transit vehicle a yellow sign with
21 black, bold type font no smaller than 48 point containing the
22 following statement:
23 "ATTENTION: ASSAULTING A TRANSIT WORKER IS A FELONY
24 PUNISHABLE BY UP TO 5 YEARS IN PRISON."
25 (2) By July 1, 2021, every public transit provider
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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 951 2020
26 operating regularly scheduled transit service for the general
27 public shall create and implement a risk reduction program. At a
28 minimum, each risk reduction program shall include:
29 (a) The deployment of assault mitigation infrastructure
30 and technology on public transit, including barriers to restrict
31 the unwanted entry of individuals and objects into transit
32 operator's workstations.
33 (b) Conflict de-escalation training for transit operators.
34 Section 2. Paragraph (a) of subsection (2) of section
35 784.07, Florida Statutes, is amended to read:
36 784.07 Assault or battery of law enforcement officers,
37 firefighters, emergency medical care providers, public transit
38 employees or agents, or other specified officers;
39 reclassification of offenses; minimum sentences.—
40 (2) Whenever any person is charged with knowingly
41 committing an assault or battery upon a law enforcement officer,
42 a firefighter, an emergency medical care provider, a railroad
43 special officer, a traffic accident investigation officer as
44 described in s. 316.640, a nonsworn law enforcement agency
45 employee who is certified as an agency inspector, a blood
46 alcohol analyst, or a breath test operator while such employee
47 is in uniform and engaged in processing, testing, evaluating,
48 analyzing, or transporting a person who is detained or under
49 arrest for DUI, a law enforcement explorer, a traffic infraction
50 enforcement officer as described in s. 316.640, a parking
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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 951 2020
51 enforcement specialist as defined in s. 316.640, a person
52 licensed as a security officer as defined in s. 493.6101 and
53 wearing a uniform that bears at least one patch or emblem that
54 is visible at all times that clearly identifies the employing
55 agency and that clearly identifies the person as a licensed
56 security officer, or a security officer employed by the board of
57 trustees of a community college, while the officer, firefighter,
58 emergency medical care provider, railroad special officer,
59 traffic accident investigation officer, traffic infraction
60 enforcement officer, inspector, analyst, operator, law
61 enforcement explorer, parking enforcement specialist, public
62 transit employee or agent, or security officer is engaged in the
63 lawful performance of his or her duties, the offense for which
64 the person is charged shall be reclassified as follows:
65 (a) In the case of assault, from a misdemeanor of the
66 second degree to a felony misdemeanor of the third first degree.
67 Section 3. This act shall take effect October 1, 2020.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 951 (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 Beltran offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 341.0611 Transit worker safety.—
8 (1) By January 1, 2021, every public transit provider
9 operating regularly scheduled transit service for the general
10 public shall post in at least one conspicuous place at the
11 entrance of each public transit vehicle a yellow sign with
12 black, bold type font no smaller than 48 point containing the
13 following statement:
14 "ATTENTION: ASSAULTING A TRANSIT WORKER IS A FELONY
15 PUNISHABLE BY UP TO 5 YEARS IN PRISON."
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 951 (2020)
Amendment No.
16 (2) By July 1, 2021, every public transit provider
17 operating regularly scheduled transit service for the general
18 public shall create and implement a risk reduction program. Each
19 risk reduction program shall include conflict de-escalation
20 training for transit operators. The risk reduction program may
21 include the deployment of assault mitigation infrastructure and
22 technology on public transit vehicles, including barriers to
23 restrict the unwanted entry of individuals and objects into
24 transit operator's workstations.
25 Section 2. Subsection (2) of section 784.07, Florida
26 Statutes, is amended to read:
27 784.07 Assault or battery of law enforcement officers,
28 firefighters, emergency medical care providers, public transit
29 employees or agents, or other specified officers;
30 reclassification of offenses; minimum sentences.—
31 (2) Whenever any person is charged with knowingly
32 committing an assault or battery upon a law enforcement officer,
33 a firefighter, an emergency medical care provider, a railroad
34 special officer, a traffic accident investigation officer as
35 described in s. 316.640, a nonsworn law enforcement agency
36 employee who is certified as an agency inspector, a blood
37 alcohol analyst, or a breath test operator while such employee
38 is in uniform and engaged in processing, testing, evaluating,
39 analyzing, or transporting a person who is detained or under
40 arrest for DUI, a law enforcement explorer, a traffic infraction
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 951 (2020)
Amendment No.
41 enforcement officer as described in s. 316.640, a parking
42 enforcement specialist as defined in s. 316.640, a public
43 transit employee or agent, a person licensed as a security
44 officer as defined in s. 493.6101 and wearing a uniform that
45 bears at least one patch or emblem that is visible at all times
46 that clearly identifies the employing agency and that clearly
47 identifies the person as a licensed security officer, or a
48 security officer employed by the board of trustees of a
49 community college, while the officer, firefighter, emergency
50 medical care provider, railroad special officer, traffic
51 accident investigation officer, traffic infraction enforcement
52 officer, inspector, analyst, operator, law enforcement explorer,
53 parking enforcement specialist, public transit employee or
54 agent, or security officer is engaged in the lawful performance
55 of his or her duties, the offense for which the person is
56 charged shall be reclassified as follows:
57 (a) In the case of assault, from a misdemeanor of the
58 second degree to a felony misdemeanor of the third first degree.
59 (b) In the case of battery, from a misdemeanor of the
60 first degree to a felony of the third degree.
61 (c) In the case of aggravated assault, from a felony of
62 the third degree to a felony of the second degree.
63 Notwithstanding any other provision of law, any person convicted
64 of aggravated assault upon a law enforcement officer shall be
65 sentenced to a minimum term of imprisonment of 3 years.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 951 (2020)
Amendment No.
66 (d) In the case of aggravated battery, from a felony of
67 the second degree to a felony of the first degree.
68 Notwithstanding any other provision of law, any person convicted
69 of aggravated battery of a law enforcement officer shall be
70 sentenced to a minimum term of imprisonment of 5 years.
71 Section 3. The Legislature finds and declares that this
72 act fulfills an important state interest.
73 Section 4. This act shall take effect October 1, 2020
74
75 -----------------------------------------------------
76 T I T L E A M E N D M E N T
77 Remove everything before the enacting clause and insert:
78 An act relating to assault on specified persons; creating s.
79 341.0611, F.S., requiring public transit providers to post a
80 specified sign concerning assaulting a transit operator;
81 requiring public transit providers to create and implement a
82 risk reduction program; specifying requirements for such a
83 program; authorizing public transit providers to deploy assault
84 mitigation infrastructure; amending s. 784.07, F.S., providing a
85 specific reference to assault and battery on a public transit
86 employee or agent; revising the reclassification of the offense
87 of assault on specified persons; providing a declaration of
88 important state interest; providing an effective date.
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HB 977
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 977 Motor Vehicle Dealers
SPONSOR(S): Rommel and others
TIED BILLS: IDEN./SIM. BILLS: SB 1738
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Infrastructure Subcommittee Roth Vickers
2) Judiciary Committee
3) State Affairs Committee
SUMMARY ANALYSIS
In 2005, Congress passed 49 U.S.C. § 30106, commonly known as the Graves Amendment, to prohibit states
from imposing vicarious liability on car rental companies. In 2011, the Florida Supreme Court held that as it
relates to rental car companies the Graves Amendment specifically preempts Florida law and relieves rental
car companies, while engaged in the trade or business of renting or leasing motor vehicles, from vicarious
liability for harm caused by the driver. In 2019, the Fourth District Court of Appeal, relying on the Supreme
Court’s analysis, held that the Graves Amendment applies to a motor vehicle dealer that provides a customer
with a temporary replacement vehicle.
The bill finds that subjecting motor vehicle dealers and their leasing and rental affiliates to vicarious liability
under the dangerous instrumentality doctrine is both unfair and economically disadvantageous to motor vehicle
dealers, their leasing and rental affiliates, and state consumers in that it causes dealers and their affiliates to
suffer higher insurance costs, which are then passed on to consumers.
Additionally, the bill provides that a motor vehicle dealer, or a motor vehicle dealer’s leasing or rental affiliate,
that provides a temporary replacement vehicle to a customer whose vehicle is being repaired, serviced, or
adjusted by the dealer is immune from vicarious liability in a civil or criminal proceeding. The motor vehicle
dealer or affiliate is granted immunity as long as there is no negligent or criminal wrongdoing on the part of the
dealer or affiliate. The bill provides that a motor vehicle dealer or affiliate must obtain a copy of the vehicle
operator’s driver license and insurance information in order to qualify for the immunity granted in the bill.
The bill will likely have no fiscal impact on state or local government.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
The court-created dangerous instrumentality doctrine holds an owner strictly liable for injuries caused
by another person's negligent use of the owner's property. Specifically, when the owner entrusts a
dangerous instrumentality to another person, the owner is responsible for damages caused by the other
person. Whether the owner was negligent or at fault is irrelevant. The rationale for holding an innocent
person responsible for such damages is that the owner of an instrumentality capable of causing death
or destruction should be liable for damages caused by anyone operating it with the owner's consent.1
The dangerous instrumentality doctrine originated in English common law and was adopted by the
Florida Supreme Court in 1920 in Southern Cotton Oil Company v. Anderson, 86 So. 629 (1920).2 The
Court acknowledged the doctrine was originally limited to fire, water, and poisons, but had expanded
over time:
It is true that, in the early development of this very salutary doctrine, the dangerous
agencies consisted largely of fire, flood, water, and poisons. In Dixon v. Bell . . . Lord
Ellenborough extended the doctrine to include loaded firearms. With the discovery of
high explosives, they were put in the same class. As conditions changed it was extended
to include other objects that common knowledge and common experience proved to be
as potent sources of danger as those embraced in the earlier classifications. The
underlying principle was not changed, but other agencies were included in the
classification. Among them are locomotives, push cars, street cars, etc., and it is now
well settled that these come within the class of dangerous agencies, and the liability of
the master is determined by the rule applicable to them. The reasons for putting these
agencies in the class of dangerous instrumentalities apply with equal, if not greater,
force to automobiles.3
In a 1990 Florida Supreme Court case, a man leased a car from a lessor and then loaned the leased
car to a friend. The friend caused a motor vehicle crash in the leased car, killing another person. The
victim's estate sued the lessor of the car directly. The Court held that the lessor was liable for the death
of the victim under the dangerous instrumentality doctrine, even though the lessor did not cause the
accident. The Court acknowledged that the dangerous instrumentality doctrine was "unique to Florida"
but justified the doctrine as necessary "to provide greater financial responsibility to pay for the carnage
on our roads."4
The Second District Court of Appeal has acknowledged that the dangerous instrumentality doctrine
creates "real and perceived inequities" and "has drawn its fair share of criticism."5 Once a court decides
that an item is a dangerous instrumentality, an owner of such instrumentality is liable for damages the
instrumentality causes, even if the owner was not in control of the instrumentality at the time.
1
Roman v. Bogle, 113 So. 3d 1011, 1016 (Fla. 5th DCA 2013).
2
Id. at 1014.
3
S. Cotton Oil Company v. Anderson, 86 So. 629, 631 (Fla. 1920).
4
Kraemer v. General Motors Acceptance Corp., 572 So. 2d 1363, 1365 (Fla. 1990).
5
Fischer v. Alessandrini, 907 So. 2d 569, 570 (Fla. 2d DCA 2005).
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Whether an item is a dangerous instrumentality is a question of law depending on several factors, none
of which alone is dispositive, including:
Whether the instrumentality is a motor vehicle.6
Whether the instrumentality is frequently operated near the public, regardless of whether the
incident at issue occurred on public property.
The instrumentality's peculiar dangers relative to other objects that courts have found to be
dangerous instrumentalities.
The extent to which the Legislature has regulated the instrumentality.7
If the court decides an item is a dangerous instrumentality, the owner is liable regardless of the facts of
the particular case. Over time, Florida courts have expanded the applicability of the doctrine to include
automobiles,8 trucks, buses,9 tow-motors,10 golf carts, and other motorized vehicles.11
The Florida Legislature has limited the dangerous instrumentality doctrine by providing that a motor
vehicle dealer or rental car company that provides a temporary replacement vehicle to a customer for
up to 10 days acts as the operator of the vehicle and is liable for damages up to $100,000 per person
and $300,000 per incident for bodily injury and up to $50,000 for property damage.12 If the driver of the
vehicle is uninsured or has insurance limits of less than $500,000 combined property damage and
bodily injury liability, the motor vehicle dealer or car rental company is liable for up to an additional
$500,000 in economic damages arising out of the use of the vehicle.13
In 2005, Congress passed 49 U.S.C. § 30106, commonly known as the Graves Amendment, to prohibit
states from imposing vicarious liability on car rental companies.14 Vicarious liability is “liability that a
supervisory party (such as an employer) bears for the actionable conduct of a subordinate (such as an
employee) based on the relationship between the two parties.”15 To benefit from the Graves
Amendment, the “owner” must be “engaged in the business of renting or leasing motor vehicles.” A
vehicle “owner” may be the titleholder, lessee, or bailee of the vehicle.16
The Graves Amendment, however, does not protect a rental company from its own negligence or
criminal wrongdoing. If an injury is caused by a rental company’s negligent or criminal act, the rental
company could still be directly liable for its actions or inactions, even if an accident occurs while a
renter is driving the vehicle.17 Federal law supersedes Florida's dangerous instrumentality doctrine
when a rental car company rents a car to a driver who negligently injures another person.18
In 2011, the Florida Supreme Court held that as it relates to rental car companies the Graves
Amendment specifically preempts Florida law19 and relieves rental car companies, while engaged in the
trade or business of renting or leasing motor vehicles, from vicarious liability for harm caused by the
driver.20
6
A motor vehicle is a "wheeled conveyance that does not run on rails and is self-propelled, especially one powered by an internal
combustion engine, a battery or fuel-cell, or a combination of these." Newton v. Caterpillar Financial Servs. Corp., 253 So. 3d 1054,
1056 (Fla. 2018) (quoting Black's Law Dictionary (10th ed. 2014)).
7
Newton, 253 So. 3d at 1056.
8
S. Cotton Oil, 86 So. at 629, supra at FN 3.
9
Meister v. Fisher, 462 So. 2d 1071, 1072 (Fla. 1984).
10
Eagle Stevedores, Inc. v. Thomas, 145 So. 2d 551 (Fla. 3d DCA 1962) (where plaintiff was struck in a dock area by a "tow-motor,"
a small motor-operated vehicle, dangerous instrumentality doctrine applied).
11
Meister, 462 So. 2d at 1072.
12
Section 324.021(9)(b)2. & (c)1., F.S.
13
Section 324.021(9)(b)2. & (c)1., F.S.
14
Auto Rental News, The Graves Amendment: Challenges, Interpretations, Answers, https://www.autorentalnews.com/156611/the-
graves-amendment-challenges-interpretations-and-answers (last visited Apr. 30, 2019).
15
Black’s Law Dictionary 427 (3rd pocket ed. 2006).
16
Auto Rental News, supra at FN 14.
17
Id.
18
49 U.S.C. § 30106.
19
Section 324.021(9)(b)2., F.S.
20
Vargas v. Enterprise Leasing Co., 60 So.3d 1037 (Fla. 2011).
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In 2019, the Fourth District Court of Appeal, relying on the Supreme Court’s analysis in Vargas, held
that the Graves Amendment applies to a motor vehicle dealer that provides a customer with a
temporary replacement vehicle.21
Effect of Proposed Changes
The bill provides the following legislative findings:
The Legislature finds that although the federal Graves Amendment, 49 U.S.C. s.
30106, has eliminated vicarious liability claims against motor vehicle rental and
leasing companies for damages or injuries caused by customers during a rental or
lease, motor vehicle dealers and their leasing and rental affiliates in the state are
still subjected to suits for damages or injuries caused by customers during the
customers' operation of temporary replacement vehicles owned, but not being
operated, by the motor vehicle dealers and their leasing and rental affiliates.
Absent negligence or criminal conduct by a motor vehicle dealer or its leasing or
rental affiliates, the Legislature finds that subjecting motor vehicle dealers and their
leasing and rental affiliates to this vicarious liability under the dangerous
instrumentality doctrine is both unfair and economically disadvantageous to motor
vehicle dealers, their leasing and rental affiliates, and state consumers in that it
causes dealers and their affiliates to suffer higher insurance costs, which are then
passed on to consumers. Vicarious liability in such cases often serves to relieve
the actual tortfeasor from liability.
Additionally, the bill provides that a motor vehicle dealer, or a motor vehicle dealer’s leasing or rental
affiliate, that provides a temporary replacement vehicle to a customer whose vehicle is being repaired,
serviced, or adjusted by the dealer is immune from vicarious liability in a civil or criminal proceeding.
The motor vehicle dealer or affiliate is granted immunity as long as there is no negligent or criminal
wrongdoing on the part of the dealer or affiliate. The bill requires that a motor vehicle dealer or affiliate
obtain a copy of the vehicle operator’s driver’s license and insurance information.
B. SECTION DIRECTORY:
Section 1: Provides legislative findings.
Section 2: Amends s. 324.021, F.S., relating to definitions; minimum insurance required.
Section 3: 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 fiscal impact on state government revenues.
2. Expenditures:
The bill will likely have no fiscal impact on state government expenditures.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill will likely have no fiscal impact on local government revenues.
21
Collins v. Auto Partners V, LLC, 276 So.3d 817 (Fla. 4th DCA 2019).
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2. Expenditures:
The bill will likely have no fiscal impact on local government expenditures.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Motor vehicle dealers will likely see a reduction in insurance premiums and the cost of litigation. These
savings may be passed onto consumers.
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:
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
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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 977 2020
1 A bill to be entitled
2 An act relating to motor vehicle dealers; providing
3 legislative findings; amending s. 324.021, F.S.;
4 revising the definition of the term "rental company"
5 to include motor vehicle dealers without limitation
6 and their leasing and rental affiliates, for the
7 purpose of minimum insurance coverage requirements;
8 providing that motor vehicle dealers and their
9 affiliates are immune to causes of action and not
10 vicariously liable for harm to persons or property
11 under certain circumstances; providing that motor
12 vehicle dealers and their affiliates are not adjudged
13 liable in civil proceedings or guilty in criminal
14 proceedings under certain circumstances; providing
15 exceptions; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. The Legislature finds that although the federal
20 Graves Amendment, 49 U.S.C. s. 30106, has eliminated vicarious
21 liability claims against motor vehicle rental and leasing
22 companies for damages or injuries caused by customers during a
23 rental or lease, motor vehicle dealers and their leasing and
24 rental affiliates in the state are still subjected to suits for
25 damages or injuries caused by customers during the customers'
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26 operation of temporary replacement vehicles owned, but not being
27 operated, by the motor vehicle dealers and their leasing and
28 rental affiliates. Absent negligence or criminal conduct by a
29 motor vehicle dealer or its leasing or rental affiliates, the
30 Legislature finds that subjecting motor vehicle dealers and
31 their leasing and rental affiliates to this vicarious liability
32 under the dangerous instrumentality doctrine is both unfair and
33 economically disadvantageous to motor vehicle dealers, their
34 leasing and rental affiliates, and state consumers in that it
35 causes dealers and their affiliates to suffer higher insurance
36 costs, which are then passed on to consumers. Vicarious
37 liability in such cases often serves to relieve the actual
38 tortfeasor from liability.
39 Section 2. Paragraph (c) of subsection (9) of section
40 324.021, Florida Statutes, is amended to read:
41 324.021 Definitions; minimum insurance required.—The
42 following words and phrases when used in this chapter shall, for
43 the purpose of this chapter, have the meanings respectively
44 ascribed to them in this section, except in those instances
45 where the context clearly indicates a different meaning:
46 (9) OWNER; OWNER/LESSOR.—
47 (c) Application.—
48 1. The limits on liability in subparagraphs (b)2. and 3.
49 do not apply to an owner of motor vehicles that are used for
50 commercial activity in the owner's ordinary course of business,
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51 other than a rental company that rents or leases motor vehicles.
52 For purposes of this paragraph, the term "rental company"
53 includes:
54 a. only An entity that is engaged in the business of
55 renting or leasing motor vehicles to the general public and that
56 rents or leases a majority of its motor vehicles to persons with
57 no direct or indirect affiliation with the rental company.
58 b. The term also includes A motor vehicle dealer, or a
59 motor vehicle dealer's leasing or rental affiliate, that
60 provides temporary replacement vehicles to its customers for up
61 to 10 days. The term "rental company" also includes:
62 c.a. A related rental or leasing company that is a
63 subsidiary of the same parent company as that of the renting or
64 leasing company that rented or leased the vehicle.
65 d.b. The holder of a motor vehicle title or an equity
66 interest in a motor vehicle title if the title or equity
67 interest is held pursuant to or to facilitate an asset-backed
68 securitization of a fleet of motor vehicles used solely in the
69 business of renting or leasing motor vehicles to the general
70 public and under the dominion and control of a rental company,
71 as described in this subparagraph, in the operation of such
72 rental company's business.
73 2. Furthermore, With respect to commercial motor vehicles
74 as defined in s. 627.732, the limits on liability in
75 subparagraphs (b)2. and 3. do not apply if, at the time of the
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76 incident, the commercial motor vehicle is being used in the
77 transportation of materials found to be hazardous for the
78 purposes of the Hazardous Materials Transportation Authorization
79 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
80 required pursuant to such act to carry placards warning others
81 of the hazardous cargo, unless at the time of lease or rental
82 either:
83 a. The lessee indicates in writing that the vehicle will
84 not be used to transport materials found to be hazardous for the
85 purposes of the Hazardous Materials Transportation Authorization
86 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
87 b. The lessee or other operator of the commercial motor
88 vehicle has in effect insurance with limits of at least
89 $5,000,000 combined property damage and bodily injury liability.
90 3. A motor vehicle dealer, or a motor vehicle dealer's
91 leasing or rental affiliate, that provides a temporary
92 replacement vehicle at no charge or at a reasonable daily charge
93 to a service customer whose vehicle is being repaired, serviced,
94 or adjusted by the motor vehicle dealer is immune from any cause
95 of action and is not liable, vicariously or otherwise, under
96 general law by reason of being the owner of the temporary
97 replacement vehicle, for harm to persons or property that arises
98 out of the ownership, use, operation, control, or possession of
99 the temporary replacement vehicle during the period the
100 temporary replacement vehicle is in the use, operation, control,
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101 or possession of the motor vehicle dealer's service customer, or
102 such customer's designee, if there is no negligence or criminal
103 wrongdoing on the part of the motor vehicle owner, or its
104 leasing or rental affiliate. For purposes of this section, and
105 notwithstanding any other provision of general law or existing
106 case law, a motor vehicle dealer, or a motor vehicle dealer's
107 leasing or rental affiliate, that gives possession, control, or
108 use of a temporary replacement vehicle to a motor vehicle
109 dealer's service customer may not be adjudged liable in a civil
110 proceeding, or guilty in a criminal proceeding, if the motor
111 vehicle dealer or the motor vehicle dealer's leasing or rental
112 affiliate obtains from the service customer or the customer's
113 designee a copy of the customer's driver license and information
114 on the required minimum motor vehicle insurance coverage in the
115 state. Any subsequent determination that the driver license or
116 insurance information provided to the motor vehicle dealer, or
117 the motor vehicle dealer's leasing or rental affiliate, was in
118 any way false, fraudulent, misleading, nonexistent, canceled,
119 not in effect, or invalid does not alter or diminish the
120 protections provided by this section, unless the motor vehicle
121 dealer, or the motor vehicle dealer's leasing or rental
122 affiliate, had actual knowledge thereof at the time possession
123 of the temporary replacement vehicle was provided to the
124 customer.
125 Section 3. This act shall take effect July 1, 2020.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 977 (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
6 Remove everything after the enacting clause and insert:
7 Section 1. The Legislature finds that absent negligence or
8 criminal conduct by a motor vehicle dealer, or its leasing or
9 rental affiliates, subjecting motor vehicle dealers and their
10 leasing and rental affiliates to vicarious liability under the
11 dangerous instrumentality doctrine when a temporary replacement
12 vehicle is provided to a consumer violates the federal Graves
13 Amendment and is both unfair and economically disadvantageous in
14 that it causes dealers and their affiliates to suffer higher
15 insurance costs, which are then passed on to consumers.
16 Additionally, application of the vicarious liability doctrine in
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 977 (2020)
Amendment No.
17 such cases often serves to relieve the actual tortfeasor from
18 liability.
19 Section 2. Paragraph (c) of subsection (9) of section
20 324.021, Florida Statutes, is amended to read:
21 324.021 Definitions; minimum insurance required.—The
22 following words and phrases when used in this chapter shall, for
23 the purpose of this chapter, have the meanings respectively
24 ascribed to them in this section, except in those instances
25 where the context clearly indicates a different meaning:
26 (9) OWNER; OWNER/LESSOR.—
27 (c) Application.—
28 1. The limits on liability in subparagraphs (b)2. and 3.
29 do not apply to an owner of motor vehicles that are used for
30 commercial activity in the owner's ordinary course of business,
31 other than a rental company that rents or leases motor vehicles.
32 For purposes of this paragraph, the term "rental company"
33 includes only an entity that is engaged in the business of
34 renting or leasing motor vehicles to the general public and that
35 rents or leases a majority of its motor vehicles to persons with
36 no direct or indirect affiliation with the rental company. The
37 term also includes a motor vehicle dealer that provides
38 temporary replacement vehicles to its customers for up to 10
39 days. The term "rental company" also includes:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 977 (2020)
Amendment No.
40 a. A related rental or leasing company that is a
41 subsidiary of the same parent company as that of the renting or
42 leasing company that rented or leased the vehicle.
43 b. The holder of a motor vehicle title or an equity
44 interest in a motor vehicle title if the title or equity
45 interest is held pursuant to or to facilitate an asset-backed
46 securitization of a fleet of motor vehicles used solely in the
47 business of renting or leasing motor vehicles to the general
48 public and under the dominion and control of a rental company,
49 as described in this subparagraph, in the operation of such
50 rental company's business.
51 2. Furthermore, with respect to commercial motor vehicles
52 as defined in s. 627.732, the limits on liability in
53 subparagraphs (b)2. and 3. do not apply if, at the time of the
54 incident, the commercial motor vehicle is being used in the
55 transportation of materials found to be hazardous for the
56 purposes of the Hazardous Materials Transportation Authorization
57 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
58 required pursuant to such act to carry placards warning others
59 of the hazardous cargo, unless at the time of lease or rental
60 either:
61 a. The lessee indicates in writing that the vehicle will
62 not be used to transport materials found to be hazardous for the
63 purposes of the Hazardous Materials Transportation Authorization
64 Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 977 (2020)
Amendment No.
65 b. The lessee or other operator of the commercial motor
66 vehicle has in effect insurance with limits of at least
67 $5,000,000 combined property damage and bodily injury liability.
68 3. A motor vehicle dealer, or a motor vehicle dealer's
69 leasing or rental affiliate, that provides a temporary
70 replacement vehicle at no charge or at a reasonable daily charge
71 to a service customer whose vehicle is being held for repair,
72 service, or adjustment by the motor vehicle dealer is immune
73 from any cause of action and is not liable, vicariously or
74 directly, under general law by reason of being the owner of the
75 temporary replacement vehicle, for harm to persons or property
76 that arises out of the use, or operation, of the temporary
77 replacement vehicle by any person during the period the
78 temporary replacement vehicle has been entrusted to the motor
79 vehicle dealer's service customer if there is no negligence or
80 criminal wrongdoing on the part of the motor vehicle owner, or
81 its leasing or rental affiliate. For purposes of this section,
82 and notwithstanding any other provision of general law or
83 existing case law, a motor vehicle dealer, or a motor vehicle
84 dealer's leasing or rental affiliate, that gives possession,
85 control, or use of a temporary replacement vehicle to a motor
86 vehicle dealer's service customer may not be adjudged liable in
87 a civil proceeding, or guilty in a criminal proceeding, if the
88 motor vehicle dealer or the motor vehicle dealer's leasing or
89 rental affiliate obtains from the person receiving the temporary
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 977 (2020)
Amendment No.
90 replacement vehicle a copy of the person's driver license and
91 insurance information reflecting at least the minimum motor
92 vehicle insurance coverage required in the state. Any subsequent
93 determination that the driver license or insurance information
94 provided to the motor vehicle dealer, or the motor vehicle
95 dealer's leasing or rental affiliate, was in any way false,
96 fraudulent, misleading, nonexistent, canceled, not in effect, or
97 invalid does not alter or diminish the protections provided by
98 this section, unless the motor vehicle dealer, or the motor
99 vehicle dealer's leasing or rental affiliate, had actual
100 knowledge thereof at the time possession of the temporary
101 replacement vehicle was provided.
102 Section 3. This act shall take effect July 1, 2020.
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HB 1315
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1315 Transportation
SPONSOR(S): Fetterhoff
TIED BILLS: IDEN./SIM. BILLS:
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 statutes relating to transportation. In summary, the bill:
Authorizes the Secretary of Transportation to designate an entity to coordinate efforts to enhance
passenger rail safety;
Eliminates the $275 million debt service cap on Right-of-Way Acquisition and Bridge Construction
Bonds;
Removes obsolete references to the General Revenue service charge for transportation-related
revenues;
Increases the time frame when certain disclosures must be made in some eminent domain
proceedings, and authorizes new methods for providing certain notices;
Makes permanent the funding for the Intermodal Logistics Center Infrastructure Support Program;
Adds road and bridge maintenance or construction vehicles to the Move Over Law if certain conditions
are met;
Conforms specified airport zoning regulations to federal requirements;
Advances the deadline for the metropolitan planning organizations list of project priorities to be
submitted to the Department of Transportation (DOT);
Makes permanent the authorization for the chair and vice chair of the Legislative Budget Commission to
approve certain DOT work program amendments;
Requires DOT to coordinate the development of rail safety and the operation of publicly funded
passenger rail;
Increases the state’s liability insurance cap for passenger rail to $295 million, consistent with Federal
limits;
Authorizes documentary stamp tax revenues allocated to the Florida Rail Enterprise to be expended on
rail safety programs; and
Repeals the Economic Development Transportation Fund.
There may be a fiscal impact to state and local governments associated with including road and bridge
construction or maintenance vehicles into the list of vehicles subject to the Move Over Law. 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: h1315.TIS
DATE: 1/31/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Department of Transportation’s Rail Program
Present Situation
The Department of Transportation (DOT) is required develop and implement a rail program designed to
ensure its proper maintenance, safety, revitalization, and expansion, to assure its continued and
increased availability, and to respond to statewide mobility needs. DOT’s statutory rail requirements
include:
Providing the overall leadership, coordination, and financial and technical assistance necessary
to assure the effective responses of the state’s rail system to mobility needs.
Promoting and facilitating the implementation of advanced rail systems.
Developing and administering state standards concerning the safety and performance of rail
systems.1
In 2009, the Legislature created the Florida Rail Enterprise (FRE) within DOT. The FRE was modeled
after the existing Florida Turnpike Enterprise. The FRE is headed by an executive director, appointed
by the Secretary of Transportation. 2 The FRE’s headquarters must be in Leon County.3
The Secretary of Transportation must delegate the responsibility for developing and operating the high-
speed and passenger rail systems, directing funding for passenger rail systems, and coordinating
publicly funded passenger rail operations, including freight rail interoperability issues to the FRE’s
executive director. The FRE operates pursuant to the Florida Rail Enterprise Act.4
For Fiscal Year 2019-2020, the FRE was authorized one position and appropriated $267 million,5
including $50 million from documentary stamp tax collections.6
The department, through the FRE, is authorized to use funds allocated to the FRE from documentary
stamp collections to fund:
Up to 50 percent of the nonfederal share of the costs of any eligible passenger rail capital
improvement project.
Up to 100 percent of planning and development costs related to the provision of a passenger
rail system.
The high-speed rail system.
Projects necessary to identify or address anticipated impacts of increased freight rail traffic
resulting from the implementation of passenger rail systems.7
In December 2019, due to the number of rail-related accidents in this state, the Secretary of
Transportation directed DOT to implement a number of rail safety measures and to launch a statewide
education initiative. The goal of the directive is to prevent additional fatalities on or near rail crossings
on state roads and state owned land crossings. The directive included the following actions:
Implementing “dynamic envelopes”8 at every existing DOT roadway and state-owned land rail
crossing.
1
Section 341.302, F.S.
2
The Secretary of Transportation is the agency head for the Department of Transportation.
3
Section 20.23(4)(a), F.S.
4
Section 20.23(4)(f)1, F.S.
5
Chapter 2019-115, L.O.F. Specific appropriations 1953-1961.
6
Section 201.15(4)(a)4., F.S.
7
Section 341.303(5), F.S.
8
A dynamic envelope is the area a vehicle should never stop in when it is crossing railroad tracks. Pavement markings and signage are
provided around a rail crossing to emphasize the area and make drivers aware of the area they should never stop in. Email from John
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DATE: 1/31/2020
Requiring the inclusion of a dynamic envelope in the standard design of any future railroad
crossings on DOT roadways or state-owned land rail crossings.
Launching a data-driven statewide rail safety education initiative in conjunction with rail
partners.
Partnering with state and local law enforcement agencies to help enforce rail safety laws.
Continuing to partner with local and private rail partners by sharing DOT rail safety design
standards and framework and encouraging their participation and implementation of the safety
and engineering efforts.9
Effect of the Bill
The bill removes the statutory references to the FRE in s. 20.23, F.S., which creates DOT, including
references to its executive director, FRE’s headquarters, and the FRE’s exemption from certain DOT
policies, procedures, and standards. In its place, the bill authorizes the Secretary of Transportation to
delegate to a departmental entity various passenger rail and high-speed rail responsibilities, and adds
rail safety to those responsibilities.
The bill revises DOT’s statutory duties and responsibilities for rail programs, removing a requirement
that DOT promote and facilitate the implementation of advanced rail systems, including high-speed rail
and magnetic levitation systems. This requirement is replaced with a requirement that DOT coordinate
the development, general rail safety, and operation of public funded passenger rail systems.
The bill authorizes DOT to use documentary stamp tax proceeds currently allocated to the FRE for
projects necessary to identify or address needed or desired safety improvements to passenger rail
systems. However, the bill does not change the reference to the FRE in the documentary stamp
statute.
The bill does not repeal or amend the Florida Rail Enterprise Act.
DOT Debt Service Cap
Present Situation
DOT is authorized to issue Right of Way Acquisition and Bridge Construction bonds to finance or
refinance the cost of acquiring real property for state roads, or to finance or refinance the cost of state
bridge construction. Except for bonds issued to refinance previously issued bonds, bonds must be
authorized by the Legislature and must be issued pursuant to the State Bond Act.10, 11
Section 206.46, F.S., authorizes DOT to transfer of up to seven percent of the revenues deposited into
the State Transportation Trust Fund (STTF) in each fiscal year to Right-of-Way Acquisition and Bridge
Construction Trust Fund, to meet the requirements to meet outstanding or proposed bond obligations.
However, notwithstanding this authorized annual transfer, the annual amount transferred may not
exceed an amount necessary to provide the required debt service coverage levels for a maximum debt
service of $275 million.12
Section 339.139, F.S., requires DOT to manage all levels of debt to ensure that no more than 20
percent of total projected available state and federal revenues from the STTF, together with any local
funds committed to DOT projects, are committed to certain obligations in any year. Right of Way
Acquisition and Bridge Construction Bonds are included in DOT’s overall debt assessment.13
Kotyk, Deputy Director Legislative Affairs, Department of Transportation, RE. HB 1315-Rail Safety, Jan. 24, 2020. (Copy on file
with Transportation & Infrastructure Subcommittee).
9
Department of Transportation, Press Release: FDOT Secretary Directs Unprecedented Rail Safety Measures, Launches Statewide
Education Statewide Education Initiative. Dec. 5, 2019. Available at: https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/info/co/news/newsreleases/12052019-rail-safety.pdf?sfvrsn=f58dd329_2 (Last visited Jan. 23, 2020).
10
Sections 215.57 through 215.83, F.S.
11
Section. 215.605, F.S.
12
Section 206.46(2), F.S.
13
DOT Legislative Concepts, Change the Right-of-Way Acquisition and Bridge Construction Bonds Debt Service Cap.(Copy on file
with Transportation & Infrastructure Subcommittee).
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DATE: 1/31/2020
According to DOT, the Right of Way Acquisition and Bridge Construction Bond program’s debt service
limit has not been adjusted since in 2007. Based on DOT’s most recent bond sale and Revenue
Estimating Conference projections, the limit on debt service based on the seven percent of revenues
threshold would have been $286.9 million in Fiscal Year 2018-2019, and grow to $350 million in Fiscal
Year 2027-2018.14
Effect of the Bill
The bill removes the $275 million cap on funds to be transferred from the STTF to the Right-of-Way
Acquisition and Bridge Construction Trust Fund. However, the seven percent cap on the amount to be
transferred remains. The removal of the debt service cap will provide DOT with additional bonding
capacity, offering it more flexibility in financing certain projects.
Obsolete General Revenue Surcharge References
Present Situation
Section 215.20(1), F.S., establishes an eight percent service charge to the General Revenue Fund
from all revenues deposited into most state trust funds,15 representing the estimated pro rata share of
the cost of general government.
Section 215.211, F.S., eliminates or reduces the general revenue service charge for specified
proceeds. Effective July 1, 2002, the service charge for taxes distributed under s. 206.606(1), F.S.,
relating the distribution of motor fuel taxes, s. 212.051(6), F.S., relating to taxes on diesel fuel for
business purposes, and s. 319.32(5), F.S., providing for the disposition of fees from certificate of title
transactions were eliminated.16 Additionally, the service charge was eliminated, beginning July 1, 2001,
on taxes distributed under s. 206.68, F.S., relating to the State Comprehensive Enhanced
Transportation System Tax.17 While the service charge has been eliminated, references to the service
charge remains in the statutes creating each of the above taxes or fees.18
Effect of the Bill
The bill removes obsolete references to the General Revenue service charge in ss. 216.606(1),
206.608, 212.051(6) and 319.32(5), F.S.
Real Property Conveyed to a Public Agency
Present Situation
In most cases, any person or entity holding real property in any form of representative capacity, before
entering into a contract in which said property is conveyed to the state or local governmental entity,
must make a written public disclosure stating his or her name and address and the name and address
of every person having a beneficial interest in the real property. This written disclosure must be made
to the chief officer, or to his or her designee, of the state or local governmental entity with which the
transaction is made at least 10 days prior to the time of closing. However, in an eminent domain taking,
this disclosure must be within 48 hours the required sum is deposited in with court.19
The state or local governmental unit must send written notice by registered mail to the person required
to make disclosures, prior to the time when such disclosures are required to be made.20
Effect of the Bill
14
Id.
15
Exceptions are enumerated in s. 215.22, F.S
16
Section 215.211(1), F.S.
17
Section 215.211(2), F.S.
18
DOT Legislative Proposal, Remove Obsolete Language Relating to Service Charge. (Copy on file with Transportation &
Infrastructure Subcommittee.
19
Section 286.23(1), F.S.
20
Section 286.23(2), F.S.
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The bill changes the timelines governing written disclosures in eminent domain proceedings, from 48
hours to five business days after the time the required sum is deposited in the registry of the court
where the written disclosure must be made.
The bill also authorizes the required written notices, in addition to registered mail, to be delivered by
certified mail, by alternative delivery service providing verification of receipt, or by electronic delivery
after receipt of the person’s notarized authorization to use such method.
Intermodal Logistics Center Infrastructure Support Program
Present Situation
An intermodal logistics center is a facility serving as a point of intermodal transfer of freight in a specific
area physically separated from a seaport where activities relating to transport, logistics, goods
distribution, consolidation, or value-added activities are carried out, and whose activities and services
are designed to support or be supported by conveyance or shipping through one or more seaports.21
The Intermodal Logistics Center Infrastructure Support Program provides funds for roads, rail facilities,
or other means for the conveyance or shipment of goods through a seaport. DOT may provide funds to
assist with local government projects or projects,22 and may provide up to 50 percent of project costs
for eligible projects.23
The statute provides criteria that DOT must consider when evaluating projects, including the ability for a
project to serve a strategic state interest, the ability of the project to facilitate the cost effective and
efficient movement of goods, the extent the project contributes to economic activity, and certain
financial and business commitments related to the project.24
At least $5 million per year must be made available from the STTF for the Intermodal Logistics Center
and Infrastructure Support Program. This minimum funding requirement expires on July 1, 2020.25
According to DOT, this program has leveraged local and private funding to complete 12 unique,
geographically-distributed projects across the state.26
Effect of the Bill
The bill makes permanent the $5 million minimum annual funding for the Intermodal Logistics Center
Infrastructure Support Program from the STTF.
Move Over Law
Present Situation
Under Florida’s Move Over Law, if an emergency vehicle, a sanitation vehicle, a utility service vehicle,
or a wrecker is working along the side of the road, every other driver must vacate the lane closest to
vehicle when driving on a highway with two or more lanes traveling in the direction of the vehicle. If
such movement cannot be safely accomplished, the driver must reduce speed to a speed that is 20
miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or
greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when
driving on a two-lane road.27 The purpose of the Move Over Law is to protect these workers while
stopped along the road performing their jobs.28
21
Section 311.101(2), F.S.
22
Section 311.101(1), F.S.
23
Section 311.101(6), F.S.
24
Section 311.101(3), F.S.
25
Section 311.101(7), F.S.
26
DOT Legislative Proposal, ILC Support Program. (Copy on file with Transportation & Infrastructure Subcommittee).
27
Section 316.126(1)(b), F.S.
28
Florida Driver Handbook, 2019, p. 44. Available at https://www3.flhsmv.gov/handbooks/englishdriverhandbook.pdf (Last visited
Jan. 31, 2020).
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A violation of the Move Over Law is a noncriminal traffic infraction, punishable as a moving violation.29
The statutory base fine for a moving violation is $60, but with additional fees assessed by the state and
local governments, the total fine increases to $158.30
According to DOT, for the safety of both workers and the public, temporary traffic control31 is required
for maintenance and construction activities. However, due to the risks associated with setting up traffic
controls, for short duration work activities, such as fence repair, ditch repair, or tree trimming, such
controls may be omitted. This puts road and bridge maintenance or construction vehicles in situations
similar to vehicles currently identified in the Move Over Law,32 where they are working along the road
without any protection from on-coming traffic.
Effect of the Bill
The bill adds road and bridge maintenance or construction vehicles displaying warning lights on the
roadside without advance signs and channelizing devices, such as traffic cones or barricades, to the list
of vehicles subject to the Move Over Law. This will require drivers to move over to a different lane or
decrease speed when road and bridge maintenance or construction vehicles are displaying warning
lights on the roadside.
Airport Zoning
Present Situation
Florida’s airport zoning laws33 require every political subdivision having an airport hazard area34 within
its territorial limits to adopt, administer, and enforce airport protection zoning regulations for such area.
The statute contains minimum requirements for airport protection zoning regulations, including the
requirement for documentation showing compliance with the federal requirement for notification of
proposed construction or alteration of structures and a valid aeronautical study submitted by each
person applying for a permit.35
Effect of the Bill
The bill revises the minimum requirements for airport protection zoning regulations to require a final
valid determination from the Federal Aviation Administration, instead of the currently required
aeronautical study. This will conform state statutes to federal requirements.36
Work Program Deadline
Present Situation
As part of its budgeting process, DOT prepares a tentative work program, based on the district work
programs.37 Each district’s work program is developed cooperatively with the state’s metropolitan
planning organizations (MPOs)38 and includes, to the maximum extent feasible, the project priorities of
29
Section 316.126(6), F.S.
30
Florida Court Clerks and Comptrollers Association, 2019 Distribution of Court Related Filing Fees, Service Charges, and Fines,
Available at:
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/advisories_2019/19bull053_Attach_1_2019_Dist.pdf (Last
visited Jan. 13, 2019).
31
Temporary traffic control is considered the devises and personnel that change road conditions for a work zone or following and
incident. Email from John Kotyk, Deputy Director Legislative Affairs, Department of Transportation, Questions, January 31, 2020
(Copy on file with Transportation & Infrastructure Subcommittee)
32
DOT Legislative Proposal, Move Over Law (Copy on file with Transportation & Infrastructure Subcommittee).
33
Chapter 333, F.S.
34
Section 333.03(1)(a), F.S. Section 333.01(4), F.S., defines the term “airport hazard area” as any area of land or water upon which an
airport hazard might be established.
35
Section 333.03(1)(c)3., F.S.
36
DOT Legislative Proposal, Airport Determination Terminology. (Copy on file with Transportation & Infrastructure Subcommittee.
37
Section 339.135(4)(b)1, F.S.
38
Metropolitan Planning Organizations (MPOs), are federally-required regional transportation planning entities in urbanized areas
with populations of 50,000 or more persons.
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DATE: 1/31/2020
MPOs which have been submitted to the district by October 1 of each year.39 However, DOT and a
MPO may agree, in writing, to vary this submittal date.40
Prior to submitting the district work program to the central office, each district holds public hearings and
makes a presentation to each MPO to determine the necessity of making any changes to the district
work program.41 Following submission of each district’s work program to the central office, DOT
develops its tentative work program based on the district work programs.42
DOT’s central office submits a preliminary copy of its tentative work program to the Executive Office of
the Governor, the legislative appropriations committees, the Florida Transportation Commission, and
the Department of Economic Opportunity at least 14 days prior to the convening of the regular
legislative session.43 Following a public hearing and evaluation by the Florida Transportation
Commission, DOT submits the tentative work program to the Executive Office of the Governor and the
legislative appropriations committees no later than 14 days after the regular legislative session
begins.44
According to DOT, since the Legislature meets in January in even-numbered years, the statutory time
frame for DOT to complete its work program process has accelerated. In the past, DOT has requested
the MPOs submit their project priorities lists by August 1, in order for DOT to have ample time to
complete its required processes.45
Effect of the Bill
The bill changes from October 1 to August 1 the deadline for the MPOs to submit their project priorities
to DOT, providing DOT with additional time to complete its work program process prior to the beginning
of the annual legislative session.
Work Program Amendments
Present Situation
Florida law authorizes DOT to amend its adopted work program and provides procedures for such
amendments.46 However, any work program amendment which transfers fixed capital outlay
appropriations between categories or increases an appropriation category is subject to Legislative
Budget Commission (LBC) approval. Prior to 2016, if a meeting of the LBC could not be held within 30
days after DOT submitted an amendment, the chair and vice chair of the LBC could authorize such
amendment to be approved.47
In 2016, the Legislature repealed the authorization for the chair and vice chair of the LBC to approve
certain work program amendments if the LBC could not meet.48 In 2019, in the implementing bill to the
General Appropriations act, this authorization was reinstated, with an expiration date of July 1, 2020.49
Effect of the Bill
The bill permanently authorizes the chair and vice chair of the LBC to approve certain DOT work
program amendments if an LBC meeting cannot be held within 30 days.
Passenger Rail Insurance Limits
39
This is pursuant to s. 339.175(8)(b), F.S.
40
Section 339.135(4)(c)2., F.S.
41
Section 339.135(4)(d), F.S.
42
Section 339.135(4)(e), F.S.
43
Section 339.135(4)(f), F.S.
44
Section 339.135(4)(h), F.S.
45
DOT Legislative Proposal, Advance MPO Deadline to Submit Project Priorities (Copy on file with Transportation & Infrastructure
Subcommittee)
46
Section 339.135(7), F.S.
47
Section 339.135(7)(g), F.S., (2015) This approval is pursuant to s. 216.17, F.S.
48
Chapter 2016-181, L.O.F., Section 16.
49
Chapter 2019-116, L.O.F., Section 101.
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DATE: 1/31/2020
Present Situation
Florida law authorizes DOT to purchase liability insurance for its rail program, which amount may not
exceed $200 million. This liability insurance may include coverage for DOT, certain freight rail
operators, the National Railroad Passenger Corporation,50 commuter rail service providers,
governmental entities, or any ancillary development.51
In 1997, Federal law set the limit on its passenger rail liability at $200 million.52 In 2015, the federal
government required its liability cap to be adjusted to reflect changes to the consumer price index and
required the liability cap to be adjusted to the consumer price index every five years.53 In 2016, the
federal rail passenger liability cap was increased to $294.3 million.54
Effect of the Bill
The bill increases the liability insurance cap for DOT’s passenger rail systems from $200 to $295
million, consistent with the federal rail liability cap.
Economic Development Transportation Projects
Present Situation
The Economic Development Transportation Fund is an economic incentive program intended to
encourage specific businesses to locate, expand, or remain in the state.55
Under this program, DOT in consultation with the Department of Economic Opportunity (DEO) and
Enterprise Florida, Inc., may make and approve expenditures and contract with the appropriate
governmental body56 for the direct costs of eligible transportation projects.57
DOT, in consultation with DEO, reviews each transportation project for approval and funding, and DOT
must approve a project for it to be eligible for funding. Criteria DOT must consider in reviewing projects
include: the cost per job created or retained, average wages for jobs created, capital investment by the
business, local commitment, and local unemployment and poverty rates.58
This program is appropriated on a non-recurring basis in the STTF.59 According to DOT, this budget
category has not been used for several years. In its work program, DOT has continued funding and
financing the program. However, in recent years, the Legislature has utilized a unique budget category
for local projects.60
Effect of the Bill
50
The National Railroad Passenger Corporation is also known an AMTRAK.
51
Section 341.302(17)(b), F.S.
52
49 U.S.C. 28103
53
Email from John Kotyk, Deputy Director of Legislative Affairs, Department of Transportation, Rail Liability Adjustment. Jan. 23,
2020. (Copy on file with Transportation & Infrastructure Subcommittee). See Pub. L. 114-94, div. A, title XI, s. 11415(b), Dec. 4,
2015.
54
Federal Register Document No. 2016-00301, Filed January 8, 2016. Available at:
https://www.federalregister.gov/documents/2016/01/11/2016-00301/adjustment-to-rail-passenger-transportation-liability-cap (Last
visited Jan. 23. 2020).
55
DOT Legislative Proposal, Deletion of Road Fund. (Copy on file with Transportation & Infrastructure Subcommittee). Chapter
2012-128, L.O.F.
56
Section 339.2821(1)(b)1, F.S., defines the term “governmental body” as an instrumentality of the state or a county, municipality,
district, authority, board, or commission, or an agency thereof, within which jurisdiction the transportation project is located and
which is responsible to the department for the transportation project.
57
Section 339.2821(1)(b)2., F.S., defines the term “transportation project” as a transportation facility which the department, in
consultation with the Department of Economic Opportunity, deems necessary to facilitate the economic development and growth of
the state.
58
Section 339.2821(2), F.S.
59
DOT, Economic Development Transportation Fund Fact Sheet (Copy on file with Transportation & Infrastructure Subcommittee)
60
DOT Legislative Proposal, Deletion of Road Fund (Copy on file with Transportation & Infrastructure Subcommittee).
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The bill repeals s. 339.2821, F.S., repealing the economic development transportation program.
Repealing this program will release DOT from having to program $5 million in associated projects into
its work program. Without appropriations these projects have to be deferred or deleted, causing a
disruption to DOT’s work program.61
The bill also makes conforming changes to s. 288.0656, F.S., relating to the Rural Economic
Development Initiative, s. 339.18, F.S., relating to the use of moneys in the STTF, and s. 337.809, F.S.,
relating to the Energy Economic Zone Pilot Program.
B. SECTION DIRECTORY:
Section 1 amends s. 20.23, F.S., relating to the Department of Transportation.
Section 2 amends s. 206.46, F.S., relating to the State Transportation Trust Fund.
Section 3 amends s. 206.606, F.S., relating to the distribution of certain proceeds.
Section 4 amends s. 206.606, F.S., relating to the State Comprehensive Transportation System Tax.
Section 5 amends s. 212.0501, F.S., relating to the tax on diesel fuel for business purposes.
Section 6 amend s. 286.26, F.S., relating to real property conveyed to public agency.
Section 7 amends s 311.101, F.S., relating to the Intermodal Logistics Center Infrastructure Support
Program.
Section 8 amends s. 316.136, F.S., relating to the operation of vehicles and actions of pedestrians on
approach of an authorized emergency, sanitation, or utility service vehicle.
Section 9 amends s. 319.32, F.S., relating to fees; service charges; disposition.
Section 10 amends s. 333.03, F.S., relating to requirements to adopt airport zoning regulations.
Section 11 amends s. 339.135, F.S., relating to the work program.
Section 12 amends s. 339.175, F.S., relating to metropolitan planning organizations.
Section 13 amends s. 341.302, F.S., relating to the rail program; duties and responsibilities of DOT.
Section 14 amends s. 341.303, F.S., relating to funding authorization and appropriations; eligibility and
participation.
Section 15 repeals s. 339.2821, F.S., relating to economic development transportation projects.
Sections 16 through 18 amends ss. 288.0656, 339.08, and 377.807, F.S., to conform.
Section 19 provides that the bill is effective upon becoming a law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
61
Id.
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Including road and bridge construction or maintenance vehicles to the list of vehicles subject to the
Move Over Law may increase the state’s revenues associated with penalties for violations.
However, the impact is indeterminate.
2. Expenditures:
DHSMV may incur expenditures associated with enforcement and public education regarding
changes to the Move Over Law.62 The amount is indeterminate, but likely to be insignificant.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
Including road and bridge construction or maintenance vehicles to the list of vehicles subject to the
Move Over Law may increase local government revenues associated with penalties for violations.
However, the impact is indeterminate.
2. Expenditures:
This bill does not appear to impact local government expenditures.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Permanent funding of the Intermodal Logistics Center Infrastructure Support Program may provide for
additional intermodal logistics center projects in the state.
The bill repeals Economic Development Transportation Projects program, which targets economic
development. While this program has not been used in several years, lack of program funding may
hinder the development of new or relocation of existing businesses to Florida.63
D. FISCAL COMMENTS:
Removing the $275 million debt cap on Right-of-Way and Bridge Construction Bonds will give DOT the
flexibility to utilize that program to meet future bridge replacement needs with minimal disruption to
capacity projects in DOT’s work program.64
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:
Single Subject
Article III, Section 6, of the state constitution, in its relevant part: “Every law shall embrace but one
subject and matter properly connected therewith, and the subject shall be briefly expressed in the
title.” The bill is an act relating to transportation. The bill amends s. 286.23, F.S., relating to the
conveyance of real property to a public agency, which applies to both the state and local
governments and appears to broader in scope than transportation.
62
Section 316.126(1)(c), F.S., requires DHSMV to provide an educational awareness campaign regarding the Move Over Law and to
provide information about the act in all newly printed driver license educational materials.
63
DOT Legislative Proposal, Deletion of Road Fund
64
DOT Legislative Proposal, Change in Right-of-Way Acquisition and Bridge Construction Bond Debt Service Cap.
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B. RULE-MAKING AUTHORITY:
This 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
None.
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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
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1 A bill to be entitled
2 An act relating to transportation; amending s. 20.23,
3 F.S.; revising the organization of the Department of
4 Transportation; revising and providing for the
5 delegation of certain responsibilities; revising
6 provisions relating to the operation of a rail
7 enterprise; amending s. 206.46, F.S.; removing a
8 limitation on an annual transfer from the State
9 Transportation Trust Fund to the Right-of-Way
10 Acquisition and Bridge Construction Trust Fund;
11 amending ss. 206.606, 206.608, and 212.0501, F.S.;
12 removing a requirement for deduction of certain
13 service charges before distributing certain moneys;
14 amending s. 286.23, F.S.; revising the time period
15 within which a disclosure of beneficial interests must
16 be submitted to the state or any local governmental
17 unit to which certain property is to be conveyed;
18 authorizing notice by the state or such governmental
19 unit to the person required to make certain
20 disclosures to be delivered by certified mail, an
21 alternative delivery service, or electronically under
22 certain circumstances; amending s. 311.101, F.S.;
23 deleting the scheduled repeal of funding for the
24 Intermodal Logistics Center Infrastructure Support
25 Program; amending s. 316.126, F.S.; requiring the
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26 operator of a motor vehicle to take certain actions
27 under certain circumstances when a road and bridge
28 maintenance or construction vehicle is on the
29 roadside; amending s. 319.32, F.S.; removing a
30 requirement for deduction of certain service charges
31 before depositing fees for a certificate of title into
32 the State Transportation Trust Fund; amending s.
33 333.03, F.S.; requiring airport protection zoning
34 regulations to require certain permit applicants to
35 submit a final valid determination from the Federal
36 Aviation Administration; amending s. 339.135, F.S.;
37 conforming provisions to changes made by the act;
38 deleting the scheduled repeal of provisions relating
39 to approval of amendments submitted to the Legislative
40 Budget Commission by the department; amending s.
41 339.175, F.S.; revising the date by which a
42 metropolitan planning organization must submit a list
43 of project priorities to the appropriate department
44 district; amending s. 341.302, F.S.; revising
45 department responsibilities regarding rail systems;
46 revising the maximum amount of liability insurance the
47 department may purchase; amending s. 341.303, F.S.;
48 revising department funding authority regarding rail
49 systems; repealing s. 339.2821, F.S., relating to
50 economic development transportation projects; amending
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51 ss. 288.0656, 339.08, and 377.809, F.S.; conforming
52 provisions to changes made by the act; providing an
53 effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Paragraphs (a) and (f) of subsection (4) of
58 section 20.23, Florida Statutes, are amended to read:
59 20.23 Department of Transportation.—There is created a
60 Department of Transportation which shall be a decentralized
61 agency.
62 (4)(a) The operations of the department shall be organized
63 into seven districts, each headed by a district secretary, and a
64 turnpike enterprise and a rail enterprise, each enterprise
65 headed by an executive director. The district secretaries and
66 the executive director directors shall be registered
67 professional engineers in accordance with the provisions of
68 chapter 471 or the laws of another state, or, in lieu of
69 professional engineer registration, a district secretary or the
70 executive director may hold an advanced degree in an appropriate
71 related discipline, such as a Master of Business Administration.
72 The headquarters of the districts shall be located in Polk,
73 Columbia, Washington, Broward, Volusia, Miami-Dade, and
74 Hillsborough Counties. The headquarters of the turnpike
75 enterprise shall be located in Orange County. The headquarters
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76 of the rail enterprise shall be located in Leon County. In order
77 to provide for efficient operations and to expedite the
78 decisionmaking process, the department shall provide for maximum
79 decentralization to the districts.
80 (f)1. The responsibility for developing and operating the
81 high-speed and passenger rail systems established in chapter
82 341, directing funding for passenger rail systems under s.
83 341.303, general rail safety, coordinating efforts to enhance
84 passenger rail safety in the state, and coordinating publicly
85 funded passenger rail operations in the state, including freight
86 rail interoperability issues, shall be delegated to a
87 departmental entity to be named by the secretary to the
88 executive director of the rail enterprise, who shall serve at
89 the pleasure of the secretary. The executive director shall
90 report directly to the secretary, and the rail enterprise shall
91 operate pursuant to ss. 341.8201-341.842.
92 2. To facilitate the most efficient and effective
93 management of the rail enterprise, including the use of best
94 business practices employed by the private sector, the rail
95 enterprise, except as provided in s. 287.055, shall be exempt
96 from departmental policies, procedures, and standards, subject
97 to the secretary having the authority to apply any such
98 policies, procedures, and standards to the rail enterprise from
99 time to time as deemed appropriate.
100 Section 2. Subsection (2) of section 206.46, Florida
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101 Statutes, is amended to read:
102 206.46 State Transportation Trust Fund.—
103 (2) Notwithstanding any other provision provisions of law,
104 from the revenues deposited into the State Transportation Trust
105 Fund, up to a maximum of 7 percent in each fiscal year shall be
106 transferred into the Right-of-Way Acquisition and Bridge
107 Construction Trust Fund created in s. 215.605, as needed to meet
108 the requirements of the documents authorizing the bonds issued
109 or proposed to be issued under ss. 215.605 and 337.276 or at a
110 minimum amount sufficient to pay for the debt service coverage
111 requirements of outstanding bonds. Notwithstanding the 7 percent
112 annual transfer authorized in this subsection, the annual amount
113 transferred under this subsection shall not exceed an amount
114 necessary to provide the required debt service coverage levels
115 for a maximum debt service not to exceed $275 million. Such
116 transfer shall be payable primarily from the motor and diesel
117 fuel taxes transferred to the State Transportation Trust Fund
118 from the Fuel Tax Collection Trust Fund.
119 Section 3. Subsection (1) of section 206.606, Florida
120 Statutes, is amended to read:
121 206.606 Distribution of certain proceeds.—
122 (1) Moneys collected pursuant to ss. 206.41(1)(g) and
123 206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
124 Fund. Such moneys, after deducting the service charges imposed
125 by s. 215.20, the refunds granted pursuant to s. 206.41, and the
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126 administrative costs incurred by the department in collecting,
127 administering, enforcing, and distributing the tax, which
128 administrative costs may not exceed 2 percent of collections,
129 shall be distributed monthly to the State Transportation Trust
130 Fund, except that:
131 (a) Each fiscal year, $6.3 $6.30 million shall be
132 transferred to the Fish and Wildlife Conservation Commission in
133 each fiscal year and deposited in the Invasive Plant Control
134 Trust Fund to be used for aquatic plant management, including
135 nonchemical control of aquatic weeds, research into nonchemical
136 controls, and enforcement activities. The commission shall
137 allocate at least $1 million of such funds to the eradication of
138 melaleuca.
139 (b) Annually, $2.5 million shall be transferred to the
140 State Game Trust Fund in the Fish and Wildlife Conservation
141 Commission and used for recreational boating activities and
142 freshwater fisheries management and research. The transfers must
143 be made in equal monthly amounts beginning on July 1 of each
144 fiscal year. The commission shall annually determine where unmet
145 needs exist for boating-related activities, and may fund such
146 activities in counties where, due to the number of vessel
147 registrations, sufficient financial resources are unavailable.
148 1. A minimum of $1.25 million shall be used to fund local
149 projects to provide recreational channel marking and other
150 uniform waterway markers, public boat ramps, lifts, and hoists,
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151 marine railways, and other public launching facilities, derelict
152 vessel removal, and other local boating-related activities. In
153 funding the projects, the commission shall give priority
154 consideration to:
155 a. Unmet needs in counties having populations of 100,000
156 or fewer.
157 b. Unmet needs in coastal counties having a high level of
158 boating-related activities from individuals residing in other
159 counties.
160 2. The remaining $1.25 million may be used for
161 recreational boating activities and freshwater fisheries
162 management and research.
163 3. The commission may adopt rules to administer a Florida
164 Boating Improvement Program.
165
166 The commission shall prepare and make available on its Internet
167 website an annual report outlining the status of its Florida
168 Boating Improvement Program, including the projects funded, and
169 a list of counties the whose needs of which are unmet due to
170 insufficient financial resources from vessel registration fees.
171 (c) 0.65 percent Of the moneys collected pursuant to s.
172 206.41(1)(g), 0.65 percent shall be transferred to the
173 Agricultural Emergency Eradication Trust Fund.
174 (d) Each fiscal year, $13.4 million in fiscal year 2007-
175 2008 and each fiscal year thereafter of the moneys attributable
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176 to the sale of motor and diesel fuel at marinas shall be
177 transferred from the Fuel Tax Collection Trust Fund to the
178 Marine Resources Conservation Trust Fund in the Fish and
179 Wildlife Conservation Commission.
180 Section 4. Section 206.608, Florida Statutes, is amended
181 to read:
182 206.608 State Comprehensive Enhanced Transportation System
183 Tax; deposit of proceeds; distribution.—Moneys received pursuant
184 to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
185 Fuel Tax Collection Trust Fund, and, after deducting the service
186 charge imposed in chapter 215 and administrative costs incurred
187 by the department in collecting, administering, enforcing, and
188 distributing the tax, which administrative costs may not exceed
189 2 percent of collections, shall be distributed as follows:
190 (1) 0.65 percent Of the proceeds of the tax levied
191 pursuant to s. 206.41(1)(f), 0.65 percent shall be transferred
192 to the Agricultural Emergency Eradication Trust Fund.
193 (2) The remaining proceeds of the tax levied pursuant to
194 s. 206.41(1)(f) and all of the proceeds from the tax imposed by
195 s. 206.87(1)(d) shall be transferred into the State
196 Transportation Trust Fund, and may be used only for projects in
197 the adopted work program in the district in which the tax
198 proceeds are collected, and, to the maximum extent feasible,
199 such moneys shall be programmed for use in the county where
200 collected. However, no revenue from the taxes imposed pursuant
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201 to ss. 206.41(1)(f) and 206.87(1)(d) in a county may not shall
202 be expended unless the projects funded with such revenues have
203 been included in the work program adopted pursuant to s.
204 339.135.
205 Section 5. Subsection (6) of section 212.0501, Florida
206 Statutes, is amended to read:
207 212.0501 Tax on diesel fuel for business purposes;
208 purchase, storage, and use.—
209 (6) All taxes required to be paid on fuel used in self-
210 propelled off-road equipment shall be deposited in the Fuel Tax
211 Collection Trust Fund, to be distributed, after deduction of the
212 general revenue service charge pursuant to s. 215.20, to the
213 State Transportation Trust Fund. The department shall, each
214 month, make a transfer, from general revenue collections, equal
215 to such use tax reported on dealers' sales and use tax returns.
216 Section 6. Subsections (1) and (2) of section 286.23,
217 Florida Statutes, are amended to read:
218 286.23 Real property conveyed to public agency; disclosure
219 of beneficial interests; notice; exemptions.—
220 (1) A Any person or entity holding real property in the
221 form of a partnership, limited partnership, corporation, trust,
222 or any form of representative capacity whatsoever for others,
223 except as otherwise provided in this section, shall, before
224 entering into a any contract whereby such real property held in
225 representative capacity is sold, leased, taken by eminent
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226 domain, or otherwise conveyed to the state or any local
227 governmental unit, or an agency of either, make a public
228 disclosure in writing, under oath and subject to the penalties
229 prescribed for perjury, which shall state his or her name and
230 address and the name and address of every person having a
231 beneficial interest in the real property, however small or
232 minimal. This written disclosure shall be made to the chief
233 officer, or to his or her officially designated representative,
234 of the state, the local governmental unit, or the agency of
235 either, with which the transaction is made at least 10 days
236 before prior to the time of closing or, in the case of an
237 eminent domain taking, within 5 business days 48 hours after the
238 time when the required sum is deposited in the registry of the
239 court. Notice of the deposit shall be made to the person or
240 entity by registered or certified mail before the 5-business-day
241 48-hour period begins.
242 (2) The state or local governmental unit, or an agency of
243 either, shall send written notice to the person required to make
244 disclosures under this section by registered or certified mail,
245 by an alternative delivery service that provides verification of
246 receipt, or by electronic delivery after receipt of the person's
247 notarized authorization to use such method. Notification shall
248 be made before to the person required to make disclosures under
249 this section, prior to the time when such disclosures are
250 required to be made. The, which written notice request shall
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251 also inform the person required to make such disclosure that
252 such disclosure must be made under oath, subject to the
253 penalties prescribed for perjury.
254 Section 7. Subsection (7) of section 311.101, Florida
255 Statutes, is amended to read:
256 311.101 Intermodal Logistics Center Infrastructure Support
257 Program.—
258 (7) Beginning in fiscal year 2014-2015, At least $5
259 million per fiscal year shall be made available from the State
260 Transportation Trust Fund for the program. The Department of
261 Transportation shall include projects proposed to be funded
262 under this section in the tentative work program developed
263 pursuant to s. 339.135(4). This subsection expires on July 1,
264 2020.
265 Section 8. Paragraph (b) of subsection (1) of section
266 316.126, Florida Statutes, is amended to read:
267 316.126 Operation of vehicles and actions of pedestrians
268 on approach of an authorized emergency, sanitation, or utility
269 service vehicle.—
270 (1)
271 (b) If an authorized emergency vehicle displaying any
272 visual signals is parked on the roadside, a sanitation vehicle
273 is performing a task related to the provision of sanitation
274 services on the roadside, a utility service vehicle is
275 performing a task related to the provision of utility services
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276 on the roadside, or a wrecker displaying amber rotating or
277 flashing lights is performing a recovery or loading on the
278 roadside, or a road and bridge maintenance or construction
279 vehicle displaying warning lights is on the roadside without
280 advance signs and channelizing devices, the driver of every
281 other vehicle, as soon as it is safe:
282 1. Shall vacate the lane closest to the emergency vehicle,
283 sanitation vehicle, utility service vehicle, or wrecker, or road
284 and bridge maintenance or construction vehicle when driving on
285 an interstate highway or other highway with two or more lanes
286 traveling in the direction of the emergency vehicle, sanitation
287 vehicle, utility service vehicle, or wrecker, or road and bridge
288 maintenance or construction vehicle, except when otherwise
289 directed by a law enforcement officer. If such movement cannot
290 be safely accomplished, the driver shall reduce speed as
291 provided in subparagraph 2.
292 2. Shall slow to a speed that is 20 miles per hour less
293 than the posted speed limit when the posted speed limit is 25
294 miles per hour or greater; or travel at 5 miles per hour when
295 the posted speed limit is 20 miles per hour or less, when
296 driving on a two-lane road, except when otherwise directed by a
297 law enforcement officer.
298 Section 9. Subsection (5) of section 319.32, Florida
299 Statutes, is amended to read:
300 319.32 Fees; service charges; disposition.—
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301 (5)(a) Forty-seven dollars of each fee collected, except
302 for fees charged on a certificate of title for a motor vehicle
303 for hire registered under s. 320.08(6), for each applicable
304 original certificate of title and each applicable duplicate copy
305 of a certificate of title, after deducting the service charges
306 imposed by s. 215.20, shall be deposited into the State
307 Transportation Trust Fund. Deposits to the State Transportation
308 Trust Fund pursuant to this paragraph may not exceed $200
309 million in any fiscal year, and any collections in excess of
310 that amount during the fiscal year shall be paid into the
311 General Revenue Fund.
312 (b) All fees collected pursuant to subsection (3) shall be
313 paid into the Nongame Wildlife Trust Fund. Twenty-one dollars of
314 each fee, except for fees charged on a certificate of title for
315 a motor vehicle for hire registered under s. 320.08(6), for each
316 applicable original certificate of title and each applicable
317 duplicate copy of a certificate of title, after deducting the
318 service charges imposed by s. 215.20, shall be deposited into
319 the State Transportation Trust Fund. All other fees collected by
320 the department under this chapter shall be paid into the General
321 Revenue Fund.
322 Section 10. Paragraph (c) of subsection (1) of section
323 333.03, Florida Statutes, is amended to read:
324 333.03 Requirement to adopt airport zoning regulations.—
325 (1)
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326 (c) Airport protection zoning regulations adopted under
327 paragraph (a) must, at a minimum, require:
328 1. A permit for the construction or alteration of any
329 obstruction.;
330 2. Obstruction marking and lighting for obstructions.;
331 3. Documentation showing compliance with the federal
332 requirement for notification of proposed construction or
333 alteration of structures and a final valid determination from
334 the Federal Aviation Administration aeronautical study submitted
335 by each person applying for a permit.;
336 4. Consideration of the criteria in s. 333.025(6), when
337 determining whether to issue or deny a permit.; and
338 5. That approval of a permit not be based solely on the
339 determination by the Federal Aviation Administration that the
340 proposed structure is not an airport hazard.
341 Section 11. Paragraph (c) of subsection (4) and paragraph
342 (g) of subsection (7) of section 339.135, Florida Statutes, are
343 amended to read:
344 339.135 Work program; legislative budget request;
345 definitions; preparation, adoption, execution, and amendment.—
346 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
347 (c)1. For purposes of this section, the board of county
348 commissioners shall serve as the metropolitan planning
349 organization in those counties that which are not located in a
350 metropolitan planning organization and shall be involved in the
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351 development of the district work program to the same extent as a
352 metropolitan planning organization.
353 2. The district work program shall be developed
354 cooperatively from the outset with the various metropolitan
355 planning organizations of the state and include, to the maximum
356 extent feasible, the project priorities of metropolitan planning
357 organizations which have been submitted to the district by
358 August October 1 of each year pursuant to s. 339.175(8)(b);
359 however, the department and a metropolitan planning organization
360 may, in writing, cooperatively agree to vary this submittal
361 date. To assist the metropolitan planning organizations in
362 developing their lists of project priorities, the district shall
363 disclose to each metropolitan planning organization any
364 anticipated changes in the allocation or programming of state
365 and federal funds which may affect the inclusion of metropolitan
366 planning organization project priorities in the district work
367 program.
368 3. Before Prior to submittal of the district work program
369 to the central office, the district shall provide the affected
370 metropolitan planning organization with written justification
371 for any project proposed to be rescheduled or deleted from the
372 district work program which project is part of the metropolitan
373 planning organization's transportation improvement program and
374 is contained in the last 4 years of the previous adopted work
375 program. By no later than 14 days after submittal of the
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376 district work program to the central office, the affected
377 metropolitan planning organization may file an objection to such
378 rescheduling or deletion. When an objection is filed with the
379 secretary, the rescheduling or deletion may not be included in
380 the district work program unless the inclusion of such
381 rescheduling or deletion is specifically approved by the
382 secretary. The Florida Transportation Commission shall include
383 such objections in its evaluation of the tentative work program
384 only when the secretary has approved the rescheduling or
385 deletion.
386 (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
387 (g)1. A Any work program amendment that which also
388 requires the transfer of fixed capital outlay appropriations
389 between categories within the department or the increase of an
390 appropriation category is subject to the approval of the
391 Legislative Budget Commission.
392 2. If a meeting of the Legislative Budget Commission
393 cannot be held within 30 days after the department submits an
394 amendment to the Legislative Budget Commission, the chair and
395 vice chair of the Legislative Budget Commission may authorize
396 such amendment to be approved pursuant to s. 216.177. This
397 subparagraph expires July 1, 2020.
398 Section 12. Paragraph (b) of subsection (8) of section
399 339.175, Florida Statutes, is amended to read:
400 339.175 Metropolitan planning organization.—
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401 (8) TRANSPORTATION IMPROVEMENT PROGRAM.—Each M.P.O. shall,
402 in cooperation with the state and affected public transportation
403 operators, develop a transportation improvement program for the
404 area within the jurisdiction of the M.P.O. In the development of
405 the transportation improvement program, each M.P.O. must provide
406 the public, affected public agencies, representatives of
407 transportation agency employees, freight shippers, providers of
408 freight transportation services, private providers of
409 transportation, representatives of users of public transit, and
410 other interested parties with a reasonable opportunity to
411 comment on the proposed transportation improvement program.
412 (b) Each M.P.O. annually shall prepare a list of project
413 priorities and shall submit the list to the appropriate district
414 of the department by August October 1 of each year; however, the
415 department and a metropolitan planning organization may, in
416 writing, agree to vary this submittal date. Where more than one
417 M.P.O. exists in an urbanized area, the M.P.O.'s shall
418 coordinate in the development of regionally significant project
419 priorities. The list of project priorities must be formally
420 reviewed by the technical and citizens' advisory committees, and
421 approved by the M.P.O., before it is transmitted to the
422 district. The approved list of project priorities must be used
423 by the district in developing the district work program and must
424 be used by the M.P.O. in developing its transportation
425 improvement program. The annual list of project priorities must
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426 be based upon project selection criteria that, at a minimum,
427 consider the following:
428 1. The approved M.P.O. long-range transportation plan.;
429 2. The Strategic Intermodal System Plan developed under s.
430 339.64.
431 3. The priorities developed pursuant to s. 339.2819(4).
432 4. The results of the transportation management systems.;
433 and
434 5. The M.P.O.'s public-involvement procedures.
435 Section 13. Section 341.302, Florida Statutes, is amended
436 to read:
437 341.302 Rail program; duties and responsibilities of the
438 department.—The department, in conjunction with other
439 governmental entities, including the rail enterprise and the
440 private sector, shall develop and implement a rail program of
441 statewide application designed to ensure the proper maintenance,
442 safety, revitalization, and expansion of the rail system to
443 assure its continued and increased availability to respond to
444 statewide mobility needs. Within the resources provided pursuant
445 to chapter 216, and as authorized under federal law, the
446 department shall:
447 (1) Provide the overall leadership, coordination, and
448 financial and technical assistance necessary to ensure assure
449 the effective responses of the state's rail system to current
450 and anticipated mobility needs.
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451 (2) Coordinate the development, general rail safety, and
452 operation of publicly funded passenger Promote and facilitate
453 the implementation of advanced rail systems in this state,
454 including high-speed rail and magnetic levitation systems.
455 (3) Develop and periodically update the rail system plan,
456 on the basis of an analysis of statewide transportation needs.
457 (a) The plan may contain detailed regional components,
458 consistent with regional transportation plans, as needed to
459 ensure connectivity within the state's regions, and it shall be
460 consistent with the Florida Transportation Plan developed
461 pursuant to s. 339.155. The rail system plan shall include an
462 identification of priorities, programs, and funding levels
463 required to meet statewide and regional needs. The rail system
464 plan shall be developed in a manner that will ensure assure the
465 maximum use of existing facilities and the optimum integration
466 and coordination of the various modes of transportation, public
467 and private, in the most cost-effective manner possible. The
468 rail system plan shall be updated no later than January 1, 2011,
469 and at least every 5 years thereafter, and include plans for
470 both passenger rail service and freight rail service,
471 accompanied by a report to the Legislature regarding the status
472 of the plan.
473 (b) In recognition of the department's role in the
474 enhancement of the state's rail system to improve freight and
475 passenger mobility, the department shall:
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476 1. Work closely with all affected communities along an
477 impacted freight rail corridor to identify and address
478 anticipated impacts associated with an increase in freight rail
479 traffic due to implementation of passenger rail.
480 2. In coordination with the affected local governments and
481 CSX Transportation, Inc., finalize all viable alternatives from
482 the department's Rail Traffic Evaluation Study to identify and
483 develop an alternative route for through freight rail traffic
484 moving through Central Florida, including the counties of Polk
485 and Hillsborough, which would address, to the extent
486 practicable, the effects of commuter rail.
487 3. Provide technical assistance to a coalition of local
488 governments in Central Florida, including the counties of
489 Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
490 Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
491 Sumter, and Volusia, and the municipalities within those
492 counties, to develop a regional rail system plan that addresses
493 passenger and freight opportunities in the region, is consistent
494 with the Florida Rail System Plan, and incorporates appropriate
495 elements of the Tampa Bay Area Regional Authority Master Plan,
496 the Metroplan Orlando Regional Transit System Concept Plan,
497 including the SunRail project, and the Florida Department of
498 Transportation Alternate Rail Traffic Evaluation.
499 (4) As part of the work program of the department,
500 formulate a specific program of projects and financing to
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501 respond to identified railroad needs.
502 (5) Provide technical and financial assistance to units of
503 local government to address identified rail transportation
504 needs.
505 (6) Secure and administer federal grants, loans, and
506 apportionments for rail projects within this state when
507 necessary to further the statewide program.
508 (7) Develop and administer state standards concerning the
509 safety and performance of rail systems, hazardous material
510 handling, and operations. Such standards shall be developed
511 jointly with representatives of affected rail systems, with full
512 consideration given to nationwide industry norms, and shall
513 define the minimum acceptable standards for safety and
514 performance.
515 (8) Conduct, at a minimum, inspections of track and
516 rolling stock; train signals and related equipment; hazardous
517 materials transportation, including the loading, unloading, and
518 labeling of hazardous materials at shippers', receivers', and
519 transfer points; and train operating practices to determine
520 adherence to state and federal standards. Department personnel
521 may enforce any safety regulation issued under the Federal
522 Government's preemptive authority over interstate commerce.
523 (9) Assess penalties, in accordance with the applicable
524 federal regulations, for the failure to adhere to the state
525 standards.
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526 (10) Administer rail operating and construction programs,
527 which programs shall include the regulation of maximum maxi-mum
528 train operating speeds, the opening and closing of public grade
529 crossings, the construction and rehabilitation of public grade
530 crossings, and the installation of traffic control devices at
531 public grade crossings, the administering of the programs by the
532 department including participation in the cost of the programs.
533 (11) Coordinate and facilitate the relocation of railroads
534 from congested urban areas to nonurban areas when relocation has
535 been determined feasible and desirable from the standpoint of
536 safety, operational efficiency, and economics.
537 (12) Implement a program of branch line continuance
538 projects when an analysis of the industrial and economic
539 potential of the line indicates that public involvement is
540 required to preserve essential rail service and facilities.
541 (13) Provide new rail service and equipment when:
542 (a) Pursuant to the transportation planning process, a
543 public need has been determined to exist;
544 (b) The cost of providing such service does not exceed the
545 sum of revenues from fares charged to users, services purchased
546 by other public agencies, local fund participation, and specific
547 legislative appropriation for this purpose; and
548 (c) Service cannot be reasonably provided by other
549 governmental or privately owned rail systems.
550
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551 The department may own, lease, and otherwise encumber
552 facilities, equipment, and appurtenances thereto, as necessary
553 to provide new rail services,; or the department may provide
554 such service by contracts with privately owned service
555 providers.
556 (14) Furnish required emergency rail transportation
557 service if no other private or public rail transportation
558 operation is available to supply the required service and such
559 service is clearly in the best interest of the people in the
560 communities being served. Such emergency service may be
561 furnished through contractual arrangement, actual operation of
562 state-owned equipment and facilities, or any other means
563 determined appropriate by the secretary.
564 (15) Assist in the development and implementation of
565 marketing programs for rail services and of information systems
566 directed toward assisting rail systems users.
567 (16) Conduct research into innovative or potentially
568 effective rail technologies and methods and maintain expertise
569 in state-of-the-art rail developments.
570 (17) In conjunction with the acquisition, ownership,
571 construction, operation, maintenance, and management of a rail
572 corridor, have the authority to:
573 (a) Assume obligations pursuant to the following:
574 1.a. The department may assume the obligation by contract
575 to forever protect, defend, indemnify, and hold harmless the
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576 freight rail operator, or its successors, from whom the
577 department has acquired a real property interest in the rail
578 corridor, and that freight rail operator's officers, agents, and
579 employees, from and against any liability, cost, and expense,
580 including, but not limited to, commuter rail passengers and rail
581 corridor invitees in the rail corridor, regardless of whether
582 the loss, damage, destruction, injury, or death giving rise to
583 any such liability, cost, or expense is caused in whole or in
584 part, and to whatever nature or degree, by the fault, failure,
585 negligence, misconduct, nonfeasance, or misfeasance of such
586 freight rail operator, its successors, or its officers, agents,
587 and employees, or any other person or persons whomsoever; or
588 b. The department may assume the obligation by contract to
589 forever protect, defend, indemnify, and hold harmless National
590 Railroad Passenger Corporation, or its successors, and officers,
591 agents, and employees of National Railroad Passenger
592 Corporation, from and against any liability, cost, and expense,
593 including, but not limited to, commuter rail passengers and rail
594 corridor invitees in the rail corridor, regardless of whether
595 the loss, damage, destruction, injury, or death giving rise to
596 any such liability, cost, or expense is caused in whole or in
597 part, and to whatever nature or degree, by the fault, failure,
598 negligence, misconduct, nonfeasance, or misfeasance of National
599 Railroad Passenger Corporation, its successors, or its officers,
600 agents, and employees, or any other person or persons
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601 whomsoever.
602 2. The assumption of liability of the department by
603 contract pursuant to sub-subparagraph 1.a. or sub-subparagraph
604 1.b. may not in any instance exceed the following parameters of
605 allocation of risk:
606 a. The department may be solely responsible for any loss,
607 injury, or damage to commuter rail passengers, or rail corridor
608 invitees, or trespassers, regardless of circumstances or cause,
609 subject to sub-subparagraph b. and subparagraphs 3., 4., 5., and
610 6.
611 b.(I) In the event of a limited covered accident, the
612 authority of the department to protect, defend, and indemnify
613 the freight operator for all liability, cost, and expense,
614 including punitive or exemplary damages, in excess of the
615 deductible or self-insurance retention fund established under
616 paragraph (b) and actually in force at the time of the limited
617 covered accident exists only if the freight operator agrees,
618 with respect to the limited covered accident, to protect,
619 defend, and indemnify the department for the amount of the
620 deductible or self-insurance retention fund established under
621 paragraph (b) and actually in force at the time of the limited
622 covered accident.
623 (II) In the event of a limited covered accident, the
624 authority of the department to protect, defend, and indemnify
625 National Railroad Passenger Corporation for all liability, cost,
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626 and expense, including punitive or exemplary damages, in excess
627 of the deductible or self-insurance retention fund established
628 under paragraph (b) and actually in force at the time of the
629 limited covered accident exists only if National Railroad
630 Passenger Corporation agrees, with respect to the limited
631 covered accident, to protect, defend, and indemnify the
632 department for the amount of the deductible or self-insurance
633 retention fund established under paragraph (b) and actually in
634 force at the time of the limited covered accident.
635 3. When only one train is involved in an incident, the
636 department may be solely responsible for any loss, injury, or
637 damage if the train is a department train or other train
638 pursuant to subparagraph 4., but only if:
639 a. When an incident occurs with only a freight train
640 involved, including incidents with trespassers or at grade
641 crossings, the freight rail operator is solely responsible for
642 any loss, injury, or damage, except for commuter rail passengers
643 and rail corridor invitees; or
644 b. When an incident occurs with only a National Railroad
645 Passenger Corporation train involved, including incidents with
646 trespassers or at grade crossings, National Railroad Passenger
647 Corporation is solely responsible for any loss, injury, or
648 damage, except for commuter rail passengers and rail corridor
649 invitees.
650 4. For the purposes of this subsection:
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651 a. Any train involved in an incident that is neither the
652 department's train nor the freight rail operator's train,
653 hereinafter referred to in this subsection as an "other train,"
654 may be treated as a department train, solely for purposes of any
655 allocation of liability between the department and the freight
656 rail operator only, but only if the department and the freight
657 rail operator share responsibility equally as to third parties
658 outside the rail corridor who incur loss, injury, or damage as a
659 result of any incident involving both a department train and a
660 freight rail operator train, and the allocation as between the
661 department and the freight rail operator, regardless of whether
662 the other train is treated as a department train, shall remain
663 one-half each as to third parties outside the rail corridor who
664 incur loss, injury, or damage as a result of the incident. The
665 involvement of any other train shall not alter the sharing of
666 equal responsibility as to third parties outside the rail
667 corridor who incur loss, injury, or damage as a result of the
668 incident; or
669 b. Any train involved in an incident that is neither the
670 department's train nor the National Railroad Passenger
671 Corporation's train, hereinafter referred to in this subsection
672 as an "other train," may be treated as a department train,
673 solely for purposes of any allocation of liability between the
674 department and National Railroad Passenger Corporation only, but
675 only if the department and National Railroad Passenger
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676 Corporation share responsibility equally as to third parties
677 outside the rail corridor who incur loss, injury, or damage as a
678 result of any incident involving both a department train and a
679 National Railroad Passenger Corporation train, and the
680 allocation as between the department and National Railroad
681 Passenger Corporation, regardless of whether the other train is
682 treated as a department train, shall remain one-half each as to
683 third parties outside the rail corridor who incur loss, injury,
684 or damage as a result of the incident. The involvement of any
685 other train shall not alter the sharing of equal responsibility
686 as to third parties outside the rail corridor who incur loss,
687 injury, or damage as a result of the incident.
688 5. When more than one train is involved in an incident:
689 a.(I) If only a department train and freight rail
690 operator's train, or only an other train as described in sub-
691 subparagraph 4.a. and a freight rail operator's train, are
692 involved in an incident, the department may be responsible for
693 its property and all of its people, all commuter rail
694 passengers, and rail corridor invitees, but only if the freight
695 rail operator is responsible for its property and all of its
696 people, and the department and the freight rail operator each
697 share one-half responsibility as to trespassers or third parties
698 outside the rail corridor who incur loss, injury, or damage as a
699 result of the incident; or
700 (II) If only a department train and a National Railroad
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701 Passenger Corporation train, or only an other train as described
702 in sub-subparagraph 4.b. and a National Railroad Passenger
703 Corporation train, are involved in an incident, the department
704 may be responsible for its property and all of its people, all
705 commuter rail passengers, and rail corridor invitees, but only
706 if National Railroad Passenger Corporation is responsible for
707 its property and all of its people, all National Railroad
708 Passenger Corporation's rail passengers, and the department and
709 National Railroad Passenger Corporation each share one-half
710 responsibility as to trespassers or third parties outside the
711 rail corridor who incur loss, injury, or damage as a result of
712 the incident.
713 b.(I) If a department train, a freight rail operator
714 train, and any other train are involved in an incident, the
715 allocation of liability between the department and the freight
716 rail operator, regardless of whether the other train is treated
717 as a department train, shall remain one-half each as to third
718 parties outside the rail corridor who incur loss, injury, or
719 damage as a result of the incident; the involvement of any other
720 train shall not alter the sharing of equal responsibility as to
721 third parties outside the rail corridor who incur loss, injury,
722 or damage as a result of the incident; and, if the owner,
723 operator, or insurer of the other train makes any payment to
724 injured third parties outside the rail corridor who incur loss,
725 injury, or damage as a result of the incident, the allocation of
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726 credit between the department and the freight rail operator as
727 to such payment shall not in any case reduce the freight rail
728 operator's third-party-sharing allocation of one-half under this
729 paragraph to less than one-third of the total third party
730 liability; or
731 (II) If a department train, a National Railroad Passenger
732 Corporation train, and any other train are involved in an
733 incident, the allocation of liability between the department and
734 National Railroad Passenger Corporation, regardless of whether
735 the other train is treated as a department train, shall remain
736 one-half each as to third parties outside the rail corridor who
737 incur loss, injury, or damage as a result of the incident; the
738 involvement of any other train shall not alter the sharing of
739 equal responsibility as to third parties outside the rail
740 corridor who incur loss, injury, or damage as a result of the
741 incident; and, if the owner, operator, or insurer of the other
742 train makes any payment to injured third parties outside the
743 rail corridor who incur loss, injury, or damage as a result of
744 the incident, the allocation of credit between the department
745 and National Railroad Passenger Corporation as to such payment
746 shall not in any case reduce National Railroad Passenger
747 Corporation's third-party-sharing allocation of one-half under
748 this sub-subparagraph to less than one-third of the total third
749 party liability.
750 6. Any such contractual duty to protect, defend,
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751 indemnify, and hold harmless such a freight rail operator or
752 National Railroad Passenger Corporation shall expressly include
753 a specific cap on the amount of the contractual duty, which
754 amount shall not exceed $200 million without prior legislative
755 approval, and the department to purchase liability insurance and
756 establish a self-insurance retention fund in the amount of the
757 specific cap established under this subparagraph, provided that:
758 a. No such contractual duty shall in any case be effective
759 nor otherwise extend the department's liability in scope and
760 effect beyond the contractual liability insurance and self-
761 insurance retention fund required pursuant to this paragraph;
762 and
763 b.(I) The freight rail operator's compensation to the
764 department for future use of the department's rail corridor
765 shall include a monetary contribution to the cost of such
766 liability coverage for the sole benefit of the freight rail
767 operator.
768 (II) National Railroad Passenger Corporation's
769 compensation to the department for future use of the
770 department's rail corridor shall include a monetary contribution
771 to the cost of such liability coverage for the sole benefit of
772 National Railroad Passenger Corporation.
773 (b) Purchase liability insurance, which amount shall not
774 exceed $295 $200 million, and establish a self-insurance
775 retention fund for the purpose of paying the deductible limit
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776 established in the insurance policies it may obtain, including
777 coverage for the department, any freight rail operator as
778 described in paragraph (a), National Railroad Passenger
779 Corporation, commuter rail service providers, governmental
780 entities, or any ancillary development, which self-insurance
781 retention fund or deductible shall not exceed $10 million. The
782 insureds shall pay a reasonable monetary contribution to the
783 cost of such liability coverage for the sole benefit of the
784 insured. Such insurance and self-insurance retention fund may
785 provide coverage for all damages, including, but not limited to,
786 compensatory, special, and exemplary, and be maintained to
787 provide an adequate fund to cover claims and liabilities for
788 loss, injury, or damage arising out of or connected with the
789 ownership, operation, maintenance, and management of a rail
790 corridor.
791 (c) Incur expenses for the purchase of advertisements,
792 marketing, and promotional items.
793 (d) Without altering any of the rights granted to the
794 department under this section, agree to assume the obligations
795 to indemnify and insure, pursuant to s. 343.545, freight rail
796 service, intercity passenger rail service, and commuter rail
797 service on a department-owned rail corridor, whether ownership
798 is in fee or by easement, or on a rail corridor where the
799 department has the right to operate.
800
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801 Neither the assumption by contract to protect, defend,
802 indemnify, and hold harmless; the purchase of insurance; nor the
803 establishment of a self-insurance retention fund shall be deemed
804 to be a waiver of any defense of sovereign immunity for torts
805 nor deemed to increase the limits of the department's or the
806 governmental entity's liability for torts as provided in s.
807 768.28. The requirements of s. 287.022(1) shall not apply to the
808 purchase of any insurance under this subsection. The provisions
809 of This subsection shall apply and inure fully as to any other
810 governmental entity providing commuter rail service and
811 constructing, operating, maintaining, or managing a rail
812 corridor on publicly owned right-of-way under contract by the
813 governmental entity with the department or a governmental entity
814 designated by the department. Notwithstanding any law to the
815 contrary, procurement for the construction, operation,
816 maintenance, and management of any rail corridor described in
817 this subsection, whether by the department, a governmental
818 entity under contract with the department, or a governmental
819 entity designated by the department, shall be pursuant to s.
820 287.057 and shall include, but not be limited to, criteria for
821 the consideration of qualifications, technical aspects of the
822 proposal, and price. Further, any such contract for design-build
823 shall be procured pursuant to the criteria in s. 337.11(7).
824 (18) Exercise such other functions, powers, and duties in
825 connection with the rail system plan as are necessary to develop
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826 a safe, efficient, and effective statewide transportation
827 system.
828 Section 14. Subsection (5) of section 341.303, Florida
829 Statutes, is amended to read:
830 341.303 Funding authorization and appropriations;
831 eligibility and participation.—
832 (5) FUND PARTICIPATION; FLORIDA RAIL ENTERPRISE.—The
833 department may, through the Florida Rail Enterprise, is
834 authorized to use funds provided pursuant to s. 201.15(4)(a)4.
835 to fund:
836 (a) Up to 50 percent of the nonfederal share of the costs
837 of any eligible passenger rail capital improvement project.
838 (b) Up to 100 percent of planning and development costs
839 related to the provision of a passenger rail system, including,
840 but not limited to, preliminary engineering, revenue studies,
841 environmental impact studies, financial advisory services,
842 engineering design, and other appropriate professional services.
843 (c) The high-speed rail system.
844 (d) Projects necessary to identify or address anticipated
845 impacts of increased freight rail traffic resulting from the
846 implementation of passenger rail systems as provided in s.
847 341.302(3)(b).
848 (e) Projects necessary to identify or address needed or
849 desirable safety improvements to passenger rail systems in this
850 state.
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851 Section 15. Section 339.2821, Florida Statutes, is
852 repealed.
853 Section 16. Paragraph (a) of subsection (7) of section
854 288.0656, Florida Statutes, is amended to read:
855 288.0656 Rural Economic Development Initiative.—
856 (7)(a) REDI may recommend to the Governor up to three
857 rural areas of opportunity. The Governor may by executive order
858 designate up to three rural areas of opportunity which will
859 establish these areas as priority assignments for REDI as well
860 as to allow the Governor, acting through REDI, to waive
861 criteria, requirements, or similar provisions of any economic
862 development incentive. Such incentives shall include, but are
863 not limited to, the Qualified Target Industry Tax Refund Program
864 under s. 288.106, the Quick Response Training Program under s.
865 288.047, the Quick Response Training Program for participants in
866 the welfare transition program under s. 288.047(8),
867 transportation projects under s. 339.2821, the brownfield
868 redevelopment bonus refund under s. 288.107, and the rural job
869 tax credit program under ss. 212.098 and 220.1895.
870 Section 17. Paragraph (f) of subsection (1) of section
871 339.08, Florida Statutes, is amended to read:
872 339.08 Use of moneys in State Transportation Trust Fund.—
873 (1) The department shall expend moneys in the State
874 Transportation Trust Fund accruing to the department, in
875 accordance with its annual budget. The use of such moneys shall
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876 be restricted to the following purposes:
877 (f) To pay the cost of economic development transportation
878 projects in accordance with s. 339.2821.
879 Section 18. Paragraph (a) of subsection (4) of section
880 377.809, Florida Statutes, is amended to read:
881 377.809 Energy Economic Zone Pilot Program.—
882 (4)(a) Beginning July 1, 2012, all the incentives and
883 benefits provided for enterprise zones pursuant to state law
884 shall be available to the energy economic zones designated
885 pursuant to this section on or before July 1, 2010. In order to
886 provide incentives, by March 1, 2012, each local governing body
887 that has jurisdiction over an energy economic zone must, by
888 local ordinance, establish the boundary of the energy economic
889 zone, specify applicable energy-efficiency standards, and
890 determine eligibility criteria for the application of state and
891 local incentives and benefits in the energy economic zone.
892 However, in order to receive benefits provided under s. 288.106,
893 a business must be a qualified target industry business under s.
894 288.106 for state purposes. An energy economic zone's boundary
895 may be revised by local ordinance. Such incentives and benefits
896 include those in ss. 212.08, 212.096, 220.181, 220.182, 220.183,
897 288.106, and 624.5105 and the public utility discounts provided
898 in s. 290.007(8). The exemption provided in s. 212.08(5)(c)
899 shall be for renewable energy as defined in s. 377.803. For
900 purposes of this section, any applicable requirements for
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901 employee residency for higher refund or credit thresholds must
902 be based on employee residency in the energy economic zone or an
903 enterprise zone. A business in an energy economic zone may also
904 be eligible for funding under ss. 288.047 and 445.003, and a
905 transportation project in an energy economic zone shall be
906 provided priority in funding under s. 339.2821. Other projects
907 shall be given priority ranking to the extent practicable for
908 grants administered under state energy programs.
909 Section 19. This act shall take effect upon becoming a
910 law.
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CODING: Words stricken are deletions; words underlined are additions.
hb1315-00
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1315 (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 Fetterhoff offered the following:
4
5 Amendment (with title amendment)
6 Between lines 99 and 100, insert:
7 Section 2. Paragraph (a) of subsection (4) of section
8 201.15, Florida Statutes, is amended to read:
9 201.15 Distribution of taxes collected.—All taxes
10 collected under this chapter are hereby pledged and shall be
11 first made available to make payments when due on bonds issued
12 pursuant to s. 215.618 or s. 215.619, or any other bonds
13 authorized to be issued on a parity basis with such bonds. Such
14 pledge and availability for the payment of these bonds shall
15 have priority over any requirement for the payment of service
16 charges or costs of collection and enforcement under this
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1315 (2020)
Amendment No.
17 section. All taxes collected under this chapter, except taxes
18 distributed to the Land Acquisition Trust Fund pursuant to
19 subsections (1) and (2), are subject to the service charge
20 imposed in s. 215.20(1). Before distribution pursuant to this
21 section, the Department of Revenue shall deduct amounts
22 necessary to pay the costs of the collection and enforcement of
23 the tax levied by this chapter. The costs and service charge may
24 not be levied against any portion of taxes pledged to debt
25 service on bonds to the extent that the costs and service charge
26 are required to pay any amounts relating to the bonds. All of
27 the costs of the collection and enforcement of the tax levied by
28 this chapter and the service charge shall be available and
29 transferred to the extent necessary to pay debt service and any
30 other amounts payable with respect to bonds authorized before
31 January 1, 2017, secured by revenues distributed pursuant to
32 this section. All taxes remaining after deduction of costs shall
33 be distributed as follows:
34 (4) After the required distributions to the Land
35 Acquisition Trust Fund pursuant to subsections (1) and (2) and
36 deduction of the service charge imposed pursuant to s.
37 215.20(1), the remainder shall be distributed as follows:
38 (a) The lesser of 24.18442 percent of the remainder or
39 $541.75 million in each fiscal year shall be paid into the State
40 Treasury to the credit of the State Transportation Trust Fund.
41 Of such funds, $75 million for each fiscal year shall be
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1315 (2020)
Amendment No.
42 transferred to the General Revenue Fund. Notwithstanding any
43 other law, the remaining amount credited to the State
44 Transportation Trust Fund shall be used for:
45 1. Capital funding for the New Starts Transit Program,
46 authorized by Title 49, U.S.C. s. 5309 and specified in s.
47 341.051, in the amount of 10 percent of the funds;
48 2. The Small County Outreach Program specified in s.
49 339.2818, in the amount of 10 percent of the funds;
50 3. The Strategic Intermodal System specified in ss.
51 339.61, 339.62, 339.63, and 339.64, in the amount of 75 percent
52 of the funds after deduction of the payments required pursuant
53 to subparagraphs 1. and 2.; and
54 4. The Transportation Regional Incentive Program specified
55 in s. 339.2819, in the amount of 25 percent of the funds after
56 deduction of the payments required pursuant to subparagraphs 1.
57 and 2. The first $60 million of the funds allocated pursuant to
58 this subparagraph shall be allocated annually to the Department
59 of Transportation Florida Rail Enterprise for the purposes
60 established in s. 341.303(5).
61
62 -----------------------------------------------------
63 T I T L E A M E N D M E N T
64 Remove line 7 and insert:
65 enterprise; amending s. 201.15, F.S.; revising the dedication of
66 specified documentary stamp tax revenues from the rail
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1315 (2020)
Amendment No.
67 enterprise to the department; amending s. 206.46, F.S.; removing
68 a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1315 (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 Fetterhoff offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 216-279 and insert:
7 Section 6. Subsection (7) of section 311.101, Florida
8 Statutes, is amended to read:
9 311.101 Intermodal Logistics Center Infrastructure Support
10 Program.—
11 (7) Beginning in fiscal year 2014-2015, At least $5
12 million per fiscal year shall be made available from the State
13 Transportation Trust Fund for the program. The Department of
14 Transportation shall include projects proposed to be funded
15 under this section in the tentative work program developed
16 pursuant to s. 339.135(4). This subsection expires on July 1,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1315 (2020)
Amendment No.
17 2020.
18 Section 7. Paragraph (b) of subsection (1) of section
19 316.126, Florida Statutes, is amended to read:
20 316.126 Operation of vehicles and actions of pedestrians
21 on approach of an authorized emergency, sanitation, or utility
22 service vehicle.—
23 (1)
24 (b) If an authorized emergency vehicle displaying any
25 visual signals is parked on the roadside, a sanitation vehicle
26 is performing a task related to the provision of sanitation
27 services on the roadside, a utility service vehicle is
28 performing a task related to the provision of utility services
29 on the roadside, or a wrecker displaying amber rotating or
30 flashing lights is performing a recovery or loading on the
31 roadside, or a road and bridge maintenance or construction
32 vehicle displaying warning lights as authorized in s.
33 316.2397(4) or (5), is on the roadside without
34
35 -----------------------------------------------------
36 T I T L E A M E N D M E N T
37 Remove lines 14-22 and insert:
38 amending s. 311.101, F.S.;
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Page 2 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1315 (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 Fetterhoff offered the following:
4
5 Amendment (with title amendment)
6 Between lines 850 and 851, insert:
7 Section 15. Paragraph (b) of subsection (4) of section
8 343.58, Florida Statutes, is amended to read:
9 343.58 County funding for the South Florida Regional
10 Transportation Authority.—
11 (4) Notwithstanding any other provision of law to the
12 contrary and effective July 1, 2010, until as provided in
13 paragraph (d), the department shall transfer annually from the
14 State Transportation Trust Fund to the South Florida Regional
15 Transportation Authority the amounts specified in subparagraph
16 (a)1. or subparagraph (a)2.
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1315 (2020)
Amendment No.
17 (b) Funding required by this subsection may not be
18 provided from the funds dedicated to the department for purposes
19 established in s. 341.303(5) Florida Rail Enterprise pursuant to
20 s. 201.15(4)(a)4.
21
22 -----------------------------------------------------
23 T I T L E A M E N D M E N T
24 Remove line 49 and insert:
25 systems; amending s. 343.58, F.S.; making conforming changes;
26 repealing s. 339.2821, F.S., relating to
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Page 2 of 2
HB 1383
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1383 Motor Vehicle Manufacturers and Dealers
SPONSOR(S): Latvala
TIED BILLS: IDEN./SIM. BILLS: SB 1484
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Infrastructure Subcommittee Roth Vickers
2) Commerce Committee
3) State Affairs Committee
SUMMARY ANALYSIS
The bill addresses a number of issues related to contractual agreements between motor vehicle
manufacturers, distributors and importers, and franchised motor vehicle dealers.
The bill creates new legislative findings that provide, among other things, that the current franchise system is
necessary to promote fair and harmonious relations between manufacturers and dealers, protect competition,
and protect consumers.
The bill creates a new definition for the term “line-make vehicle” and provides that a line-make model that has
been the subject of a franchise agreement with a dealer may not be sold by a manufacturer other than through
its franchised dealers and may not be rebadged or marketed as a new line-make unless the manufacturer
offers a franchise of that new line-make to every dealer that was franchised to sell that model before
rebadging.
Lastly, the bill prohibits manufacturers from competing with franchised dealers in the sale or service of
vehicles, the sale of parts and products, collision repair, or any other activity related to the line-make sold by a
dealer.
The bill does not appear to have a significant fiscal impact to state or local government.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1383.TIS
DATE: 1/31/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Florida has substantially regulated motor vehicle manufacturers and motor vehicle dealers since before
1950.1 Initially, the Florida Legislature approached the issue by implementing only consumer
protections aimed at preventing consumer abuse by dealers.2 In 1970, the Legislature passed more
comprehensive legislation, embodied in ch. 320, F.S.,3 which regulates, in part, the contractual
relationship between manufacturers and franchised dealers,4 requires the licensing of manufacturers,
and regulates numerous aspects of the contracts between the manufacturers and dealers.
The current statement of intent states it is the Legislature’s intent to protect the public health, safety,
and welfare of the citizens of the state by regulating the licensing of motor vehicle dealers and
manufacturers, maintaining competition, providing consumer protection and fair trade and providing
minorities with opportunities for full participation as motor vehicle dealers.5
Florida Automobile Dealers Act
A licensee is a manufacturer, factory branch, distributor, or importer, and must be licensed under
s. 320.61(1), F.S., to engage in business in Florida. Sections 320.60-320.70, F.S., the “Florida
Automobile Dealers Act”6 (act), primarily regulate the contractual business relationship between
franchised dealers and licensees, and provide for the licensure of manufacturers, factory branches,
distributors, or importers. The act specifies, in part:
The conditions and situations under which the Department of Highway Safety and Motor
Vehicles (DHSMV) may deny, suspend, or revoke a regulated license;
The process, timing, and notice requirements for licensees who wish to discontinue, cancel,
modify, or otherwise replace a franchise agreement with a dealer, and the conditions under
which DHSMV may deny such a request;
The procedures a licensee must follow to add a franchised dealership in an area already served
by a franchised dealer, the protest process, and DHSMV’s role in these circumstances;
The damages that can be assessed against a licensee who is in violation of Florida Statutes;
and
DHSMV’s authority to adopt rules to implement these sections of law.
The act applies to all presently existing or future systems of distribution of motor vehicles in Florida,
except to the extent that such application would impair valid contractual agreements in violation of the
State Constitution or Federal Constitution. Generally, all agreements that are renewed, amended, or
entered into subsequent to October 1, 1988, are governed by the act, including amendments to the act,
unless the amendment specifically provides otherwise.7
In 2009, DHSMV held in an administrative proceeding that amendments to the act do not apply to
dealers whose franchise agreements were signed prior to the effective date of various amendments to
the act.8 DHSMV has indicated that it will apply the Motorsports holding to every amendment to the act.
1
Chapter 9157, Laws of Fla. (1923); Chapter 20236, Laws of Fla. (1941).
2
Walter E. Forehand and John W. Forehand, Motor Vehicle Dealer and Motor Vehicle Manufacturers: Florida Reacts to Pressures in
the Marketplace, 29 Fla. St. Univ. Law Rev. 1058, 1064 (2002), http://ir.law.fsu.edu/cgi/viewcontent.cgi?article=1632&context=lr
(last visited January 31, 2020).
3
See ch. 70-424, Laws of Fla.
4
See s. 320.60(11), F.S.
5
Section 320.605, F.S.
6
Walter E. Forehand, supra FN 2 at 1065.
7
Section 320.6992, F.S.
8
See Motorsports of Delray, LLC v. Yamaha Motor Corp., U.S.A., Case No. 09-0935 (Fla. DOAH Dec. 9, 2009). The DHSMV ruled
that a 2006 amendment to the Florida Automobile Dealers Act does not apply to a dealer terminated in 2008 because the dealer’s
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DATE: 1/31/2020
This may result in different protections accruing to dealers, depending on when they signed their
franchise agreements.
Grounds for Denial, Suspension, or Revocation of a License
An application for a manufacturer license may be denied, or a license may be revoked or suspended,
on various grounds. Denials, suspensions, or revocations of manufacturer licenses can be based on
consumer protection; however, the grounds for acting against licensees arise principally out of their
dealings with motor vehicle franchised dealers with whom the licensees have a contractual relationship
allowing the dealer to sell and service the licensee’s new motor vehicles.9, 10
Currently there are 42 different criteria that may cause DHSMV to deny, suspend, or revoke the
licensee’s license. The criteria cross many topics, including: contractual obligations; coercion or threats;
discontinuation, canceling, nonrenewing, modifying, or replacing franchise agreements; requiring
changes to a dealer’s sales or service facility; reducing the supply of new vehicles or parts to a
franchised dealer; audits; disclosure of confidential financial information; failure to pay the dealer; and
denying a warranty repair claim.11
Specifically, 320.64(23), F.S., provides that a licensee is prohibited from competing (with respect to any
activity covered by the franchise agreement) with a franchised motor vehicle dealer of the same line-
make located in this state with whom the licensee has entered into a franchise agreement.
“Line-make vehicles” are motor vehicles offered for sale, lease, or distribution under a common name,
trademark, service mark, or brand name of the manufacturer (such as Ford, General Motors, or
Honda). However, motor vehicles sold or leased under multiple brand names or marks must constitute
a single line-make when they are included in a single franchise agreement and every motor vehicle
dealer in this state authorized to sell or lease any such vehicles has been offered the right to sell or
lease all of the multiple brand names or marks covered by the single franchise agreement.12
Procedure for Administrative Hearings and Adjudications
A franchised dealer who is directly and adversely affected by the action or conduct of a licensee which
is alleged to be in violation of the act, may seek a declaration and adjudication of its rights by either
filing a request with DHSMV for a proceeding and administrative hearing, or filing a written objection or
notice of protest with DHSMV.13
Hearings are held no sooner than 180 days nor later than 240 days from the date a written objection or
notice of protest is filed, unless extended with good cause by the administrative law judge.14
Civil Damages
A motor vehicle franchised dealer who can demonstrate that a violation of, or failure to comply with, any
of the provisions of the act by an applicant or licensee will or can adversely and pecuniarily affect the
dealer, is entitled to pursue treble damages and attorney’s fees in civil court.15 The licensee has the
burden to prove that such violation did not occur upon a prima facie showing by the person bringing the
action.16 In addition, a motor vehicle franchised dealer may make an application to any circuit court of
the state for a temporary or permanent injunction, or both, restraining any licensee from violating or
continuing to violate any of the provisions of ss. 320.60-320.70, F.S., or from failing or refusing to
comply with these statutory requirements.17
franchise agreement was entered into prior to the effective date of the amendment. This Final Order was initially appealed but was
later voluntarily dismissed. See also, In re Am. Suzuki Motor Corp., 494 B.R. 466, 480 (Bankr. C.D. Cal. 2013).
9
Section 320.64, F.S.
10
See s. 320.60(l) (defining “agreement” or “franchise agreement”).
11
Section 320.64, F.S.
12
Section 320.60(14), F.S.
13
Section 320.699(1), F.S.
14
Section 320.699(2), F.S.
15
See ss. 320.64, 320.694, and 320.697, F.S.
16
Section 320.697, F.S.
17
Section 320.695, F.S.
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Effect of Proposed Changes
The bill creates a new definition for the term “line-make vehicle” which expands the current definition.
The new definition includes all models and types of motor vehicles that are offered for retail sale, lease
license, subscription, or any other method of distribution under a common name, trademark, service
mark, or brand name of the manufacturer. Additionally, the bill prohibits licensees from selling,
distributing, or marketing a line-make model or type in any way other than through the franchised motor
vehicle dealer. Subsequently, a line-make may not be rebadged (the practice of applying a different
brand, logo, or manufacturer’s make/model to an existing product and thereafter marketing the product
as a new or distinct product) unless the licensee offers the rebadged line-make to every motor vehicle
dealer that was franchised to sell that model or type before rebadging.
The bill replaces the Legislative intent with the more expansive Legislative findings below:
The Legislature finds and declares that the distribution, marketing, sale, leasing,
rental, or otherwise providing title, use, or possession to consumers and other
entities of motor vehicles, replacement parts, accessories, and the servicing and
repair thereof in this state vitally affects the general economy of the state and the
public safety and welfare of its residents. The Legislature further finds that the
motor vehicle franchise system in this state operates within a defined and highly
regulated statutory scheme; assures consumers of a well-organized distribution
system that supports the availability of new motor vehicles; provides tens of
thousands of jobs for the residents of this state; provides a network of quality
warranty, repair, and recall facilities; and provides a cost-effective method for the
state to police the system through licensing and regulation of the interactions
between private sector franchisors and franchisees, and that such regulation is
necessary to promote fair and harmonious relations between motor vehicle
manufacturers, importers, distributors, and their dealers; to protect fair
competition; to protect consumers; and to provide minorities with opportunities for
participation as motor vehicle dealers.
The bill amends s. 320.64(23), F.S., to prohibit the licensee from competing (or announcing its intention
to compete) with one of its franchised dealers in the sale or service of vehicles; in the sale of
replacement parts, accessories, or after-market products; in collision repair; or in any other motor
vehicle dealer activity related to the line-make for which the dealer has a franchise agreement with the
licensee.
The term “sale” includes the sale, leasing, rental, licensing, subscription, or any other transfer to a retail
consumer, a wholesaler, or a broker of title, possession, or use of a motor vehicle, replacement parts,
or accessories that are in the franchise agreement made with the dealer.
The bill will make it unlawful for manufacturers to sell parts to a retail consumer, a wholesaler, or a
broker of title. Additionally, the language appears to prohibit the operation of vehicle subscription
programs (subscription services allow consumers to pay a monthly subscription fee to have access to
different vehicles, which they can change at their convenience).
B. SECTION DIRECTORY:
Section 1: Amends s. 320.60, F.S., relating to definitions for ss. 320.61-320.70.
Section 2: Provides legislative findings.
Section 3: Amends s. 320.64, F.S., relating to denial, suspension, or revocation of license; grounds.
Section 4: Provides an effective date of July 1, 2020.
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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 does not appear to impact state government expenditures.
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:
To the extent the agreements between franchised dealers and motor vehicle manufacturers,
distributors, and importers change due to compliance with statutory changes in the bill, the parties may
be positively or negatively impacted.
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:
The Federal Contracts Clause18 provides that no state shall pass any law impairing the obligation of
contracts. However, the Contracts Clause prohibition must be weighed against the state’s inherent
power to safeguard its people’s interests. Three factors are considered when evaluating a claim that
the Contracts Clause has been violated: (1) whether the law substantially impairs a contractual
relationship; (2) whether there is a significant and legitimate public purpose for the law; and (3) whether
the adjustments of rights and responsibilities of the contracting parties are based upon reasonable
conditions and are of an appropriate nature.19
Some state laws regulating contracts between automobile manufacturers and franchised dealers have
been found to be unconstitutional while other laws have been upheld as constitutional.20
18
U.S. Const. art I § 10.
19
Vesta Fire Ins. Corp. v. State of Fla., 141 F.3d 1427, 1433 (11th Cir. 1998).
20
See Alliance of Auto. Mfrs., Inc. v. Currey, 984 F. Supp. 2d 32 (D. Conn. 2013) (upholding state law that revised statutory method
for calculating reasonable compensation for vehicle warranty work and prohibited manufacturers from recovering any additional cost
of the new method from the dealers); Arapahoe Motors, Inc. v. Gen. Motors Corp., No. CIV.A. 99 N 1985, 2001 WL 36400171, at 13
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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
(D. Colo. Mar. 28, 2001) (the retroactive application of state law would be unconstitutional as it would create a new obligation or
impose a new duty upon General Motors).
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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 1383 2020
1 A bill to be entitled
2 An act relating to motor vehicle manufacturers and
3 dealers; amending s. 320.60, F.S.; redefining the term
4 "line-make vehicle"; amending s. 320.605, F.S.;
5 replacing legislative intent with legislative
6 findings; amending s. 320.64, F.S.; revising a
7 prohibition against certain applicants and licensees
8 competing with franchised motor vehicle dealers in
9 this state; defining the term "sale"; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (14) of section 320.60, Florida
15 Statutes, is amended to read:
16 320.60 Definitions for ss. 320.61-320.70.—Whenever used in
17 ss. 320.61-320.70, unless the context otherwise requires, the
18 following words and terms have the following meanings:
19 (14) "Line-make vehicle" includes all models and types of
20 motor vehicles, regardless of the kind of engine, power plant,
21 or drive train they have; their design; or their intended use or
22 classification, which are offered for retail sale, lease,
23 license, subscription, or any other method of distribution under
24 a common name, trademark, service mark, or brand name of the
25 manufacturer of such vehicle. A line-make model or type that has
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HB 1383 2020
26 been the subject of a franchise with a motor vehicle dealer in
27 this state may not be sold or otherwise distributed or marketed
28 in any way by an applicant or licensee other than through its
29 franchised motor vehicle dealer, and, thereafter, may not be
30 rebadged or otherwise marketed as a new line-make unless the
31 manufacturer, importer, or distributor of such new line-make
32 offers a franchise of that new line-make to every motor vehicle
33 dealer that was franchised to sell that model or type before
34 rebadging vehicles" are those motor vehicles which are offered
35 for sale, lease, or distribution under a common name, trademark,
36 service mark, or brand name of the manufacturer of same.
37 However, motor vehicles sold or leased under multiple brand
38 names or marks shall constitute a single line-make when they are
39 included in a single franchise agreement and every motor vehicle
40 dealer in this state authorized to sell or lease any such
41 vehicles has been offered the right to sell or lease all of the
42 multiple brand names or marks covered by the single franchise
43 agreement. However Except, such multiple brand names or marks
44 are shall be considered individual franchises for purposes of s.
45 320.64(36).
46 Section 2. Section 320.605, Florida Statutes, is amended
47 to read:
48 320.605 Legislative findings intent.—The Legislature finds
49 and declares that the distribution, marketing, sale, leasing,
50 rental, or otherwise providing title, use, or possession to
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51 consumers and other entities of motor vehicles, replacement
52 parts, accessories, and the servicing and repair thereof in this
53 state vitally affects the general economy of the state and the
54 public safety and welfare of its residents. The Legislature
55 further finds that the motor vehicle franchise system in this
56 state operates within a defined and highly regulated statutory
57 scheme; assures consumers of a well-organized distribution
58 system that supports the availability of new motor vehicles;
59 provides tens of thousands of jobs for the residents of this
60 state; provides a network of quality warranty, repair, and
61 recall facilities; and provides a cost-effective method for the
62 state to police the system through licensing and regulation of
63 the interactions between private sector franchisors and
64 franchisees, and that such regulation is necessary to promote
65 fair and harmonious relations between motor vehicle
66 manufacturers, importers, distributors, and their dealers; to
67 protect fair competition; to protect consumers; and to provide
68 It is the intent of the Legislature to protect the public
69 health, safety, and welfare of the citizens of the state by
70 regulating the licensing of motor vehicle dealers and
71 manufacturers, maintaining competition, providing consumer
72 protection and fair trade and providing minorities with
73 opportunities for full participation as motor vehicle dealers.
74 Section 3. Subsection (23) of section 320.64, Florida
75 Statutes, is amended to read:
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76 320.64 Denial, suspension, or revocation of license;
77 grounds.—A license of a licensee under s. 320.61 may be denied,
78 suspended, or revoked within the entire state or at any specific
79 location or locations within the state at which the applicant or
80 licensee engages or proposes to engage in business, upon proof
81 that the section was violated with sufficient frequency to
82 establish a pattern of wrongdoing, and a licensee or applicant
83 shall be liable for claims and remedies provided in ss. 320.695
84 and 320.697 for any violation of any of the following
85 provisions. A licensee is prohibited from committing the
86 following acts:
87 (23) The applicant or licensee has competed, or is
88 competing, or has announced its intention to compete with one of
89 its franchised motor vehicle dealers in the sale or service of
90 vehicles; in the sale of replacement parts, accessories, or
91 after-market products; in collision repair; or in any other
92 motor vehicle dealer activity related to the line-make for which
93 the motor vehicle dealer in this state is a party to a franchise
94 agreement with the applicant or licensee. As used in this
95 subsection, the term "sale" includes the sale, leasing, rental,
96 licensing, subscription, or any other transfer to a retail
97 consumer, a wholesaler, or a broker of title, possession, or use
98 of a motor vehicle, replacement parts, or accessories that are
99 the subject of, or covered in the franchise agreement with, the
100 motor vehicle dealer with respect to any activity covered by the
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HB 1383 2020
101 franchise agreement with a motor vehicle dealer of the same
102 line-make located in this state with whom the applicant or
103 licensee has entered into a franchise agreement, except as
104 permitted in s. 320.645.
105
106 A motor vehicle dealer who can demonstrate that a violation of,
107 or failure to comply with, any of the preceding provisions by an
108 applicant or licensee will or may adversely and pecuniarily
109 affect the complaining dealer, shall be entitled to pursue all
110 of the remedies, procedures, and rights of recovery available
111 under ss. 320.695 and 320.697.
112 Section 4. This act shall take effect July 1, 2020.
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hb1383-00
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1383 (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 Latvala offered the following:
4
5 Amendment
6 Remove lines 88-100 and insert:
7 competing, or has attempted to compete with one of its
8 franchised motor vehicle dealers in the sale or service of
9 vehicles; in the sale of replacement parts, accessories, or
10 after-market products; in collision repair; or in any other
11 motor vehicle dealer activity related to the line-make for which
12 the motor vehicle dealer in this state is a party to a franchise
13 agreement with the applicant or licensee, except as permitted in
14 s. 320.645. As used in this section, the term "sale" includes
15 the sale, leasing, rental, licensing, subscription, or any other
16 transfer to a retail consumer, a wholesaler, or a broker of
564481 - h1383-line88.docx
Published On: 2/3/2020 6:01:17 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1383 (2020)
Amendment No.
17 title, possession, or use of a motor vehicle, replacement parts,
18 or accessories that are the subject of, or covered in the
19 franchise agreement with, the motor vehicle dealer. Nothing
20 contained in the foregoing shall prevent a common entity of an
21 applicant or licensee from selling replacement parts,
22 accessories, or after-market products under the common entity's
23 brand name. with respect to any activity covered by the
24
564481 - h1383-line88.docx
Published On: 2/3/2020 6:01:17 PM
Page 2 of 2
HB 1441
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1441 Contracted Airport Projects
SPONSOR(S): Maggard
TIED BILLS: IDEN./SIM. BILLS: SB 1380
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Infrastructure Subcommittee Johnson Vickers
2) Business & Professions Subcommittee
3) State Affairs Committee
SUMMARY ANALYSIS
Current law provides that notwithstanding any other provision of law to the contrary, for a project wholly or
partially funded by the Department of Transportation (DOT)and administered by a local governmental entity,
the same entity may not perform both design services and construction engineering and inspection (CEI)
services. However, this provision does not apply to qualifying seaports.
The bill creates an exemption for airports, identical to the current exemption for seaports, from the provision
that for a project wholly or partially funded by DOT and administered by a local governmental entity, the same
entity may not perform both design services and CEI services.
This bill does not appear have a fiscal impact on state government and may reduce expenditures for local
governments operating airports. 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: h1441.TIS
DATE: 1/31/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Under current law, a contractor,1 or his or her affiliate2 qualified with the Department of Transportation
(DOT) may not also qualify to provide testing services, construction, engineering, and inspection (CEI)
services to DOT.3 This limitation does not apply to any design-build prequalification4 and does not apply
when DOT otherwise determines by written order entered at least 30 days before advertisement that
the limitation is not in the public’s best interests with respect to a particular contract for testing services,
and CEI services.
DOT has adopted procedures governing conflicts of interest involving professional services consultant
contracts and design-build contracts. The procedure contains a set of matrixes illustrating the variety of
scenarios encountered with prime or subcontractors and when DOT would consider the arrangement a
conflict. 5
In 2019, the Legislature passed HB 905,6 which provided that for a project wholly or partially funded by
DOT and administered by a local governmental entity, the same entity may not perform both design
services and CEI services. That bill exempted certain seaports from that provision.
According to the Florida Airports Council, the statutory CEI requirement will increase construction
costs, delay project schedules, and reduce project efficiency due to additional coordination with other
consultants. Depending on the project, airports may leverage different delivery methods for CEI
activities. Additionally, airports deliver more than road projects and the professional source
requirements used by DOT do not always accommodate airport construction projects.7 For example,
the CEI requirement may not be appropriated for building facilities such as terminals, runways, and
parking facilities.
Effect of the Bill
The bill amends s. 337.14(7), F.S., providing an exemption for airports from the requirement that for a
project wholly or partially funded by DOT and administered by a local governmental entity, the same
entity may not perform both design services and CEI services. This exemption is identical the one
currently in place for seaports.
1
Section 337.165(1)(d), F.S., defines the term “contractor” as any person who bids or applies to bid on work let by the department or
any counterpart agency of any other state or of the Federal Government or who provides professional services to the department or
other such agency. The term “contractor” includes the officers, directors, executives, shareholders active in management, employees,
and agents of the contractor.
2
Section 337.165(1)(a), F.S., defines the term “affiliate” as a predecessor or successor of a contractor under the same, or substantially
the same, control or a group of business entities which are connected or associated so that one entity controls or has the power to
control each of the other business entities. The term “affiliate” includes the officers, directors, executives, shareholders active in
management, employees, and agents of the affiliate. The ownership by one business entity of a controlling interest in another business
entity or a pooling of equipment or income among business entities shall be prima facie evidence that one business entity is an affiliate
of another.
3
Section 337.14, F.S.
4
Design-build prequalification is pursuant to s. 337.11(7), F.S.
5
Topic No.: 375-030-006-c, Conflict of Interest Procedure for Department Contracts. (Copy on file with Transportation &
Infrastructure Subcommittee).
6
Chapter 2019-153, L.O.F.
7 Email from Darrick McGhee, Lobbyist for the Florida Airports Council, Re. HB:1441-Airport Contracts. Jan. 21, 2020. (Copy on
file with Transportation & Infrastructure Subcommittee).
STORAGE NAME: h1441.TIS PAGE: 2
DATE: 1/31/2020
B. SECTION DIRECTORY:
Section 1 amends s. 337.14, F.S., relating to the application for qualification, certificate of qualification;
restrictions; request for hearing.
Section 2 provides an effective date of July 1, 2020.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
This bill does not appear to impact state government revenues.
2. Expenditures:
This bill does not appear to impact state government expenditures.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
This bill does not appear to impact local government revenues.
2. Expenditures:
Local governments operating airports may see a reduction in expenditure due to the exemption
form the construction engineering and inspection requirements in the bill. However, the cost savings
is associated with specific projects; therefore, this reduction in expenditures is indeterminate.
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 to
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:
This bill does not provide a grant or rulemaking, nor does it require rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
STORAGE NAME: h1441.TIS PAGE: 3
DATE: 1/31/2020
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.
STORAGE NAME: h1441.TIS PAGE: 4
DATE: 1/31/2020
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 1441 2020
1 A bill to be entitled
2 An act relating to contracted airport projects;
3 amending s. 337.14, F.S.; authorizing a single entity
4 to provide certain contracted services for airport
5 projects wholly or partially funded by the Department
6 of Transportation; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Subsection (7) of section 337.14, Florida
11 Statutes, is amended to read:
12 337.14 Application for qualification; certificate of
13 qualification; restrictions; request for hearing.—
14 (7) A "contractor" as defined in s. 337.165(1)(d) or his
15 or her "affiliate" as defined in s. 337.165(1)(a) qualified with
16 the department under this section may not also qualify under s.
17 287.055 or s. 337.105 to provide testing services, construction,
18 engineering, and inspection services to the department. This
19 limitation does not apply to any design-build prequalification
20 under s. 337.11(7) and does not apply when the department
21 otherwise determines by written order entered at least 30 days
22 before advertisement that the limitation is not in the best
23 interests of the public with respect to a particular contract
24 for testing services, construction, engineering, and inspection
25 services. This subsection does not authorize a contractor to
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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 1441 2020
26 provide testing services, or provide construction, engineering,
27 and inspection services, to the department in connection with a
28 construction contract under which the contractor is performing
29 any work. Notwithstanding any other provision of law to the
30 contrary, for a project that is wholly or partially funded by
31 the department and administered by a local governmental entity,
32 except for a seaport listed in s. 311.09 or an airport as
33 defined in s. 332.004, the entity performing design and
34 construction, engineering, and inspection services may not be
35 the same entity.
36 Section 2. This act shall take effect July 1, 2020.
Page 2 of 2
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hb1441-00
HB 6083
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 6083 Traffic Infraction Detectors
SPONSOR(S): Rodriguez, A. and Ingoglia
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Infrastructure Subcommittee Roth Vickers
2) Appropriations Committee
3) State Affairs Committee
SUMMARY ANALYSIS
The regulation and use of red light cameras for the purpose of enforcing the Florida Uniform Traffic Control law
is preempted to the state. The Department of Highway Safety and Motor Vehicles (DHSMV), counties, and
municipalities are authorized to employ red light camera programs.
Effective July 1, 2023, the bill removes the authorization for DHSMV, counties, and municipalities to install and
maintain red light cameras. The bill maintains s. 316.0076, F.S., which expressly preempts to the state
regulation of the use of cameras for enforcing the Florida Uniform Traffic Control law. This means counties and
municipalities will no longer have the authority to implement red light camera programs by local ordinance.
The bill also makes conforming changes.
The bill has a negative recurring impact even though it does not take effect until 2023. This is because
revenues are considered nonrecurring until the effective date, given the prospective repeal of the law.
Therefore, although there is no immediate loss of revenue, the accounting of those revenues as being
temporary or time limited occurs immediately. The Revenue Estimating Conference met on January 24, 2020,
and found that beginning in Fiscal Year 2020-21, the bill had a recurring annual impact of $62.7 million to
general revenue, $12.3 million to state trust funds, and $74.3 million to local government revenues. 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: h6083.TIS
DATE: 1/31/2020
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Red Light Cameras, Generally
Traffic infraction detectors,1 more commonly known as “red light cameras”, are used to document traffic
law violations by automatically photographing vehicles whose drivers have failed to yield at red lights.
The cameras are connected to the traffic signal and to sensors that monitor traffic flow at the crosswalk
or stop line. The system photographs vehicles that enter the intersection above a pre-set minimum
speed after the signal has turned red; a second photograph typically shows the vehicle in the
intersection. In some cases, video cameras are used. Red light cameras also record the license plate
number, date, time of day, time elapsed since the beginning of the red signal, and the vehicle’s speed.
Red Light Cameras in Florida
The regulation and use of red light cameras for the purpose of enforcing ch. 316, F.S., which is the
Florida Uniform Traffic Control Law, is preempted to the state.2 The Department of Highway Safety and
Motor Vehicles (DHSMV), counties, and municipalities are authorized to employ red light camera
programs.3
Red light cameras are allowed on state roads if permitted by the Department of Transportation (DOT),
and are allowed on streets and highways under the jurisdiction of counties or municipalities. However,
the placement and installation of red light cameras on state roads, streets, and highways must meet
placement and installation specifications developed by DOT.4
If DHSMV, a county, or a municipality installs a red light camera at an intersection, the respective
governmental entity must notify the public that a camera is in use at that intersection, including specific
notification of enforcement of right-on-red violations. The signage must meet specifications adopted by
DOT pursuant to s. 316.0745, F.S.5
Notices and Citations
Current law allows DHSMV, a county, or a municipality to authorize a traffic infraction enforcement
officer to issue a traffic citation for certain traffic infractions. If a red light camera captures an image of a
vehicle running a red light, the visual information is reviewed by a traffic infraction enforcement officer.
A notice of violation must be sent by first-class mail to the registered owner of the vehicle within 30
days of the alleged violation.6 The notice must specify the remedies available and must include a
statement informing the owner of his or her right to review the photographic or video evidence upon
which the violation is based, as well as the time and place or Internet location where the evidence may
be reviewed.7 Violations may not be issued if the vehicle is making a right-hand turn in a “careful and
prudent manner”8 or if the vehicle comes to a complete stop9 before making a permissible right turn.
1
Section 316.003(91), F.S., defines “traffic infraction detector” as a vehicle sensor installed to work in conjunction with a traffic
control signal and a camera or cameras synchronized to automatically record two or more sequenced photographic or electronic
images or streaming video of only the rear of a motor vehicle at the time the vehicle fails to stop behind the stop bar or clearly marked
stop line when facing a traffic control signal steady red light. Any notification under s. 316.0083(1)(b), F.S., or traffic citation issued
by the use of a traffic infraction detector must include a photograph or other recorded image showing both the license tag of the
offending vehicle and the traffic control device being violated.
2
Section 316.0076, F.S.
3
See s. 316.0083, F.S.
4
Section 316.0776(1), F.S.
5
Section 316.0776(2)(a), F.S.
6
Section 316.0083(1)(b)1.a., F.S.
7
Section 316.0083(1)(b)1.b., F.S.
8
Section 316.0083(2), F.S.
9
Section 316.0083(1)(a), F.S.
STORAGE NAME: h6083.TIS PAGE: 2
DATE: 1/31/2020
A person who receives a red light camera notice of violation may request a hearing within 60 days
following the date of the notice or pay the penalty. No payment or fee may be required in order to
receive the hearing.10 If a person elects to receive a hearing, the person waives his or her right to
challenge delivery of the notice of violation.11 If the notice of violation is upheld, the local hearing officer
must require the petitioner to pay the $158 penalty and may also require the petitioner to pay county or
municipal costs, not to exceed $250.12
If the registered owner of the vehicle does not pay the violation within 60 days following the date of
notification, the traffic infraction enforcement officer must issue a uniform traffic citation (UTC) to the
owner. The UTC must be sent by certified mail and, like the notice of violation, it must include the same
statements described above regarding review of the photographic or video evidence.13
The images provided by a red light camera are admissible in court and provide a rebuttable
presumption the vehicle was used to commit the violation.14
A traffic infraction enforcement officer must provide, by electronic transmission, a replica of the citation
data to the court having jurisdiction over the alleged offense or its traffic violations bureau within five
days after the issuance date of a UTC to the violator.15
Defenses
The registered owner of the motor vehicle involved in a red light camera violation is responsible for
paying the UTC unless the owner can establish that the motor vehicle:
Passed through the intersection in order to yield right-of-way to an emergency vehicle or as part
of a funeral procession;
Passed through the intersection at the direction of a law enforcement officer;
Was, at the time of the violation, in the care, custody, or control of another person;
Driver received a UTC issued by a law enforcement officer for the alleged violation; or
Owner was deceased on or before the date that the UTC was issued.16
Current law provides certain requirements that must be met when establishing one of the defenses,
including furnishing an affidavit to the appropriate governmental entity that provides detailed
information supporting the defense.17
Penalties
Red light camera citations carry a $158 penalty. When the $158 penalty is the result of local
government enforcement, $75 is retained by the local government and $83 is deposited with the
Department of Revenue (DOR). DOR subsequently distributes the penalty by depositing $70 in the
General Revenue Fund, $10 in the Department of Health (DOH) Administrative Trust Fund, and $3 in
the Brain and Spinal Cord Injury Trust Fund.18
When the $158 penalty is the result of enforcement by DHSMV, $45 is retained by the local
government and $113 is deposited with DOR.19 DOR subsequently distributes the penalty by depositing
$100 in the General Revenue Fund, $10 in the DOH Administrative Trust Fund, and $3 in the Brain and
Spinal Cord Injury Trust Fund.20 DHSMV does not currently operate any red light cameras.
10
Section 316.0083(1)(b)1.c., F.S.
11
Section 316.0083(1)(b)1.d., F.S.
12
Sections 316.0083(5)(e) and 318.18(22), F.S.
13
Section 316.0083(1)(c), F.S.
14
Section 316.0083(1)(e), F.S.
15
Section 316.650(3)(c), F.S.
16
Section 316.0083(1)(d), F.S.
17
Section 316.0083(1)(d), F.S.
18
Sections 316.0083(1)(b)3. and 318.18(15), F.S.
19
Sections 316.0083(1)(b)3. and 318.18(15), F.S.
20
Sections 316.0083(1)(b)3. and 318.18(15), F.S.
STORAGE NAME: h6083.TIS PAGE: 3
DATE: 1/31/2020
If a law enforcement officer cites a motorist for the same offense, the penalty is still $158, but the
revenue is distributed from the clerk of court to DOR, where $30 is distributed to the General Revenue
Fund, $65 is distributed to the DOH Administrative Trust Fund, and $3 is distributed to the Brain and
Spinal Cord Injury Trust Fund. The remaining $60 is distributed in small percentages to a number of
funds pursuant to s. 318.21, F.S.21
Red light camera citations may not result in points assessed against the driver’s driver license and may
not be used for the purpose of setting motor vehicle insurance rates.22
Proceeds Retained by Local Government
Local governments contract with a vendor to provide red light camera services. The contract term
generally ranges from three to five years.23 Local governments typically pay between $4,250 and
$4,750 per camera, per month.24
In a survey of local governments that operate a red light camera program, the Office of Program Policy
Analysis & Governmental Accountability (OPPAGA) reported that, over a three-year period: 49 percent
of the total money collected was used to pay red light camera vendors; 78 percent reported excess
revenue after payments to vendors and other program expenses; and 16 percent reported difficulty
generating sufficient revenue to make vendor payments, and as such, had accrued outstanding
balances. Of those respondents reporting excess revenue, 76 percent was allocated to the general
fund, 14 percent to public safety/police, and 5 percent to road repair/maintenance.25
2019 Red Light Camera Program Analysis
Current law requires each county or municipality operating a red light camera program to annually self-
report data to DHSMV, which includes red light camera program results over the preceding fiscal year,
the procedures for enforcement, and other statistical data and information required by DHSMV.26
DHSMV must compile the information and submit a summary report to the Governor, the President of
the Senate, and the Speaker of the House of Representatives.27
In December 2019, DHSMV issued its report for the period between July 1, 2018, and June 30, 2019.
According to the 2019 report, 46 jurisdictions responded that they had red light cameras in operation;
508 red light cameras were active as of June 30, 2019, which was the same number of cameras from
the previous year; and 307 intersections were equipped with red light cameras, which was a reduction
of 3 intersections from the previous year. Agencies issued 1,054,234 notices of violation and of the
notices issued, 666,427 (63%) were paid and approximately 4,143 (0.4 %) were contested and
dismissed. Of those responding, 61 percent (28 of 46) of responding jurisdictions indicated they issue
notices of violation for a right-on-red violation and 26 percent (12 of 46) of responding jurisdictions
indicated they do not issue such notices. Six jurisdictions indicated they do not track the number of
violations issued for right turns on red.28
In its 2019 report, DHSMV provided the following breakdown of the number of crashes at red light
camera intersections before and after the cameras were installed:29, 30
Before Red After Red Light
Light Camera Camera
Installed Installed
21
Section 318.18(15), F.S.
22
Section 322.27(3)(d)6., F.S.
23
OPPAGA Research Memorandum, Florida Red Light Camera Programs, (January 31, 2014) (Copy on file with the Transportation
& Infrastructure Subcommittee).
24
Id.
25
Id.
26
Section 316.0083(4), F.S. DHSMV uses an on-line questionnaire to facilitate data collection.
27
Id.
28
Department of Highway Safety and Motor Vehicles, Red Light Camera Summary Report, December 20, 2019, available at
https://www.flhsmv.gov/pdf/cabinetreports/redlightcameraanalysis2019.pdf (last visited January 29, 2020).
29
It should be noted that other factors may have contributed to the number of crashes.
30
Id.
STORAGE NAME: h6083.TIS PAGE: 4
DATE: 1/31/2020
Total Crashes 10,410 12,211
Angle Crashes 2,175 2,568
Rear-End Crashes 5,550 6,393
Non-Injury Crashes 7,493 9,266
Injury Crashes 2,889 2,921
Fatal Crashes 28 24
Crashes Involving Non-Motorists 279 253
Crashes Involving Running a Red 342 340
Light
According to data from DHSMV red light camera reports from fiscal years 2016-17,31 2017-18,32 and
2018-19,33 the number of total crashes occurring at intersections before and after red light cameras
were installed has increased since the installation of red light cameras.
Litigation
In October 2014, the Fourth District Court of Appeal dismissed a red light camera citation after finding
that the local government had delegated an impermissible measure of discretion and control over its
red light camera program to a private third-party vendor.34 Under the terms of the contract, the vendor
decided which infractions would be reviewed by the city, obtained the information needed to fill out a
citation, completed the citation, issued the citation, and transmitted the citation information to the
court.35 In Florida, only traffic infraction enforcement officers and sworn law enforcement officers are
authorized to issue a traffic citation.36 The case was appealed, but the Florida Supreme Court declined
to accept jurisdiction of the case.37
In July 2016, the Third District Court of Appeal determined that Florida law allows a vendor, as the
municipality’s agent, to review and sort red light camera images and forward them to a law enforcement
officer when:
The vendor’s decisions are strictly circumstanced by contract language, municipal guidelines,
and actual practice;
Ministerial decisions are further limited by automatically passing close calls to the police for
review;
The law enforcement officer makes the actual decision as to whether probable cause exists and
whether a notice and citation should be issued; and
The officer’s decision that probable cause exists and the citation issued consists of a full,
professional review by an identified officer who is responsible for that decision and does not
merely acquiesce to any decision by the vendor.38
In its decision, the Third District Court of Appeal distinguished its decision from that of the Fourth
District Court of Appeal and certified the following three questions to the Florida Supreme Court
regarding the legality of red light camera programs in Florida:
1. Does the review of red light camera images authorized by s. 316.0083(1)(a), F.S. (2014), allow
a municipality’s vendor, as its agent, to sort images to forward to the law enforcement officer,
where the controlling contract and city guidelines limit the vendor to deciding whether the
images contain certain easy-to-identify characteristics and where only the law enforcement
31
Department of Highway Safety and Motor Vehicles, Red Light Camera Summary Report, December 29, 2017, available at
https://www.flhsmv.gov/pdf/cabinetreports/redlightcameraanalysis2017.pdf (last visited January 29, 2020).
32
Department of Highway Safety and Motor Vehicles, Red Light Camera Summary Report, Updated May 15, 2019, available at
https://www.flhsmv.gov/pdf/cabinetreports/redlightcameraanalysis2018.pdf (last visited January 29, 2020).
33
Department of Highway Safety and Motor Vehicles, Red Light Camera Summary Report, December 20, 2019, available at
https://www.flhsmv.gov/pdf/cabinetreports/redlightcameraanalysis2019.pdf (last visited January 29, 2020).
34
City of Hollywood v. Arem, 154 So. 3d 359 (Fla. 4th DCA 2014).
35
Id.
36
Section 316.650(3)(c), F.S.
37
City of Hollywood v. Arem, Case No. SC15-236 (Fla. 2015).
38
State of Florida, by and through the City of Aventura, et.al. v. Jimenez, 211 So. 3d 158 (Fla. 3d DCA 2016).
STORAGE NAME: h6083.TIS PAGE: 5
DATE: 1/31/2020
officer makes the determination whether probable cause exists and whether to issue a Notice of
Violation and citation?
2. Is it an illegal delegation of police power for the vendor to print and mail the notices and
citations, through a totally automated process without human involvement, after the law
enforcement officer makes the determination that probable cause exists and to issue a Notice of
Violation and citation?
3. Does the fact that citation data is electronically transmitted to the Clerk of the Court from the
vendor’s server via a totally automated process without human involvement violate s.
316.650(3)(c), F.S., (2014), when it is the law enforcement officer who affirmatively authorizes
the transmission process?
On May 3, 2018, the Florida Supreme Court issued its opinion on the following rephrased certified
question:
Does a local government have the authority under section 316.0083(1)(a), Florida
Statutes (2014), to contract with a private third-party vendor to review and sort
information from red light cameras, in accordance with written guidelines provided by the
local government, before sending that information to a trained traffic enforcement officer
who determines whether probable cause exists and a citation should be issued?
The Supreme Court answered the certified question in the affirmative and approved the Third District’s
decision that the statutes authorize local governments to contract with a private third party vendor to
sort information from red light cameras, in accordance with written guidelines provided by the local
government, before sending that information to a trained traffic enforcement officer, who determines
whether probable cause exists and a citation should be issued.39
Proposed Changes
Effective July 1, 2023, the bill removes DHSMV and local government authorization to install and
maintain red light cameras. The bill maintains s. 316.0076, F.S., which expressly preempts to the state
regulation of the use of cameras for enforcing ch. 316, F.S. This means local governments will not have
the authority to implement red light camera programs by local ordinance.
Because the bill removes the authority of DHSMV and local governments to install and maintain red
light cameras, it makes the following changes:
Repeals the statutory definitions of “traffic infraction detector” and “local hearing officer.”
Repeals s. 316.0083, F.S., which is the Mark Wandall Traffic Safety Program.
Repeals s. 316.00831, F.S., which provides for the distribution of penalties collected under s.
316.0083(1)(b), F.S.
Repeals s. 316.07456, F.S., which provides the transitional implementation for red light
cameras.
Repeals s. 316.0776, F.S., which relates to the placement and installation of red light cameras.
Repeals s. 318.15(3), F.S., which establishes penalties associated with the failure to pay red
light camera fines.
Removes DHSMV’s authority to designate employees as traffic infraction enforcement officers
for purposes of enforcing red light camera violations.
Removes provisions regarding traffic citations issued pursuant to a red light camera violation.
Removes provisions related to penalties associated with red light camera violations.
Repeals s. 318.18(22), F.S., relating to the payment of county and municipal costs.
Removes provisions regarding points and insurance rates related to red light camera violations.
Conforms cross-references.
B. SECTION DIRECTORY:
Section 1: Repeals ss. 316.0083 and 321.50, F.S., relating to Mark Wandall Traffic Safety Program;
39
Luis Torres Jimenez v. State of Florida, 246 So. 3d 219 (Fla. 2018).
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administration, report; and authorization to use traffic infraction detectors.
Section 2: Amends s. 28.37, F.S., relating to fines, fees, service charges, and costs remitted to the
state.
Section 3: Repeals subsection 36 and 94 of s. 316.003, F.S., relating to definitions.
Section 4: Repeals subsection 8 of s. 316.008, F.S., relating to powers of local authorities.
Section 5: Repeals ss. 316.00831, 316.07456, and 316.0776, F.S., relating to distribution of penalties
collected under s. 316.0083(1)(b), transitional implementation, and traffic infraction
detectors; placement and installation.
Section 6: 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 7: Amends subsections 1 and 5 of s. 316.640, F.S., relating to enforcement.
Section 8: Amends subsection 3 of s. 316.650, F.S., relating to traffic citations.
Section 9: Amends s. 318.121, F.S., relating to preemption of additional fees, fines, surcharges, and
costs.
Section 10: Amends s. 318.14, F.S., relating to noncriminal traffic infractions; exception; procedures.
Section 11: Repeals subsection 3 of s. 318.15, F.S., relating to failure to comply with civil penalty or to
appear; penalty.
Section 12: Repeals parts of subsections 15 and 22 of s. 318.18, F.S., relating to amount of penalties.
Section 13: Amends s. 320.03, F.S., relating to registration; duties of tax collectors; International
Registration Plan.
Section 14: Amends s. 322.27, F.S., relating to authority of department to suspend or revoke driver
license or identification card.
Section 15: Amends s. 655.960, F.S., relating to definitions.
Section 16: Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The Revenue Estimating Conference met on January 24, 2020, and found that the bill will result in
the following negative recurring fiscal impact to state government revenues:40
40
Revenue Estimating Conference, HB 6083 Report, p. 299-301, available at
http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2020/_pdf/Impact0124.pdf (last visited January 30, 2020).
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Fiscal Year General Revenue Trust Funds Total
2020-2021 $62.7 million $12.3 million $75 million
2021-2022 $63.4 million $12.5 million $75.9 million
2022-2023 $64.1 million $12.6 million $76.7 million
2023-2024 $64.7 million $12.7 million $77.4 million
2024-2025 $65.3 million $12.9 million $78.2 million
2. Expenditures:
DOR will no longer incur expenses associated with processing the payments from municipalities
and counties and distributing the monies to the appropriate funds.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The Revenue Estimating Conference met on January 24, 2020, and found that the bill will result in
the following negative recurring fiscal impact to local government revenues:41
Fiscal Year Revenue
2020-2021 $74.3 million
2021-2022 $75.1 million
2022-2023 $75.9 million
2023-2024 $76.7 million
2024-2025 $77.4 million
2. Expenditures:
Municipalities and counties will no longer incur expenses associated with red light cameras;
however, they may incur some expenses associated with removing existing cameras.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill removes the possibility of motor vehicle operators being issued a $158 fine for a red light
camera violation.
Each jurisdiction operating red light cameras has a unique contract with a vendor to provide some, if
not all, of the following services: installation, maintenance, monitoring, and citation issuance. The value
of these contracts and the specific stakeholders are not clear at this time, but the impact will be
significant.42
D. FISCAL COMMENTS:
The bill has a negative recurring impact even though it does not take effect until 2023. This is because
revenues are considered nonrecurring until the effective date, given the prospective repeal of the law.
Therefore, although there is no immediate loss of revenue, the accounting of those revenues as being
temporary or time limited occurs immediately.
According to DHSMV, the bill would eliminate the annual survey, annual red light camera report, and
vendor approval process for the issuance of red light camera notices of violation. In addition, it would
alleviate the workload related to handling red light camera disputes and for granting access and
registration stops. Additionally, the bill eliminates the need for hearings to dispute the issuance of red
light camera notices of violation, which should result in a reduction in court costs.43
41
Id.
42
DHSMV bill analysis of HB 4027 (2016), which removed the authorization for DHSMV and local governments to install red light
cameras, available at http://abar.laspbs.state.fl.us/ABAR/Attachment.aspx?ID=7418 (last visited January 30, 2020).
43
Id.
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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:
Municipalities or counties may have contracts that provide for the use of red light cameras beyond
July 1, 2023. To the extent that these contracts do not contain provisions regarding the termination of
the contract if authorization for such cameras is repealed, the bill could raise concerns regarding
impairment of contracts. According to a 2014 research memorandum by OPPAGA, the duration of
red light camera contracts is typically three to five years with the option to extend for an additional
term. Often a provision in the contract authorizes termination in the event the law regarding red light
camera changes.44
B. RULE-MAKING AUTHORITY:
DHSMV indicates that the bill will require it to change some of its procedures.45
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
44
OPPAGA Research Memorandum, Florida Red Light Camera Program, (February 7, 2014), available at
https://www.thenewspaper.com/rlc/docs/2014/fl-oppaga.pdf (last visited January 30, 2020).
45
DHSMV Bill Analysis HB 4027 (2016), supra, at FN 42.
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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 6083 2020
1 A bill to be entitled
2 An act relating to traffic infraction detectors;
3 repealing ss. 316.0083 and 321.50, F.S., relating to
4 the Mark Wandall Traffic Safety Program and
5 authorization to use traffic infraction detectors,
6 respectively; amending ss. 28.37, 316.003, and
7 316.008, F.S.; conforming cross-references and
8 provisions to changes made by the act; repealing ss.
9 316.00831, 316.07456, and 316.0776, F.S., relating to
10 distribution of penalties, transitional
11 implementation, and placement and installation,
12 respectively; amending ss. 316.306, 316.640, 316.650,
13 318.121, 318.14, 318.15, 318.18, 320.03, 322.27, and
14 655.960, F.S.; conforming cross-references and
15 provisions to changes made by the act; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Sections 316.0083 and 321.50, Florida Statutes,
21 are repealed.
22 Section 2. Subsection (5) of section 28.37, Florida
23 Statutes, is amended to read:
24 28.37 Fines, fees, service charges, and costs remitted to
25 the state.—
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26 (5) Ten percent of all court-related fines collected by
27 the clerk, except for penalties or fines distributed to counties
28 or municipalities under s. 318.18(15) s. 316.0083(1)(b)3. or s.
29 318.18(15)(a), shall be deposited into the fine and forfeiture
30 fund to be used exclusively for clerk court-related functions,
31 as provided in s. 28.35(3)(a).
32 Section 3. Subsections (37) through (93) and (95) through
33 (104) of section 316.003, Florida Statutes, are renumbered as
34 subsections (36) through (92) and (93) through (102),
35 respectively, and present subsections (36), (61), and (94) of
36 that section are amended to read:
37 316.003 Definitions.—The following words and phrases, when
38 used in this chapter, shall have the meanings respectively
39 ascribed to them in this section, except where the context
40 otherwise requires:
41 (36) LOCAL HEARING OFFICER.—The person, designated by a
42 department, county, or municipality that elects to authorize
43 traffic infraction enforcement officers to issue traffic
44 citations under s. 316.0083(1)(a), who is authorized to conduct
45 hearings related to a notice of violation issued pursuant to s.
46 316.0083. The charter county, noncharter county, or municipality
47 may use its currently appointed code enforcement board or
48 special magistrate to serve as the local hearing officer. The
49 department may enter into an interlocal agreement to use the
50 local hearing officer of a county or municipality.
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51 (60)(61) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
52 provided in paragraph (82)(b) (83)(b), any privately owned way
53 or place used for vehicular travel by the owner and those having
54 express or implied permission from the owner, but not by other
55 persons.
56 (94) TRAFFIC INFRACTION DETECTOR.—A vehicle sensor
57 installed to work in conjunction with a traffic control signal
58 and a camera or cameras synchronized to automatically record two
59 or more sequenced photographic or electronic images or streaming
60 video of only the rear of a motor vehicle at the time the
61 vehicle fails to stop behind the stop bar or clearly marked stop
62 line when facing a traffic control signal steady red light. Any
63 notification under s. 316.0083(1)(b) or traffic citation issued
64 by the use of a traffic infraction detector must include a
65 photograph or other recorded image showing both the license tag
66 of the offending vehicle and the traffic control device being
67 violated.
68 Section 4. Subsection (8) of section 316.008, Florida
69 Statutes, is amended to read:
70 316.008 Powers of local authorities.—
71 (8)(a) A county or municipality may use traffic infraction
72 detectors to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a
73 driver fails to stop at a traffic signal on streets and highways
74 under its jurisdiction under s. 316.0083. Only a municipality
75 may install or authorize the installation of any such detectors
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76 within the incorporated area of the municipality. Only a county
77 may install or authorize the installation of any such detectors
78 within the unincorporated area of the county.
79 (b) Pursuant to paragraph (a), a municipality may install
80 or, by contract or interlocal agreement, authorize the
81 installation of any such detectors only within the incorporated
82 area of the municipality, and a county may install or, by
83 contract or interlocal agreement, authorize the installation of
84 any such detectors only within the unincorporated area of the
85 county. A county may authorize installation of any such
86 detectors by interlocal agreement on roads under its
87 jurisdiction.
88 (c) Pursuant to s. 316.0083, a county or municipality may
89 use traffic infraction detectors to enforce s. 316.074(1) or s.
90 316.075(1)(c)1. when a driver fails to stop at a traffic signal
91 on state roads under the original jurisdiction of the Department
92 of Transportation when permitted by the Department of
93 Transportation.
94 Section 5. Sections 316.00831, 316.07456, and 316.0776,
95 Florida Statutes, are repealed.
96 Section 6. Paragraph (a) of subsection (3) of section
97 316.306, Florida Statutes, is amended to read:
98 316.306 School and work zones; prohibition on the use of a
99 wireless communications device in a handheld manner.—
100 (3)(a)1. A person may not operate a motor vehicle while
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101 using a wireless communications device in a handheld manner in a
102 designated school crossing, school zone, or work zone area as
103 defined in s. 316.003(102) s. 316.003(104). This subparagraph
104 shall only be applicable to work zone areas if construction
105 personnel are present or are operating equipment on the road or
106 immediately adjacent to the work zone area. For the purposes of
107 this paragraph, a motor vehicle that is stationary is not being
108 operated and is not subject to the prohibition in this
109 paragraph.
110 2.a. During the period from October 1, 2019, through
111 December 31, 2019, a law enforcement officer may stop motor
112 vehicles to issue verbal or written warnings to persons who are
113 in violation of subparagraph 1. for the purposes of informing
114 and educating such persons of this section. This sub-
115 subparagraph shall stand repealed on October 1, 2020.
116 b. Effective January 1, 2020, a law enforcement officer
117 may stop motor vehicles and issue citations to persons who are
118 driving while using a wireless communications device in a
119 handheld manner in violation of subparagraph 1.
120 Section 7. Paragraph (b) of subsection (1) and paragraph
121 (a) of subsection (5) of section 316.640, Florida Statutes, are
122 amended to read:
123 316.640 Enforcement.—The enforcement of the traffic laws
124 of this state is vested as follows:
125 (1) STATE.—
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126 (b)1. The Department of Transportation has authority to
127 enforce on all the streets and highways of this state all laws
128 applicable within its authority.
129 2.a. The Department of Transportation shall develop
130 training and qualifications standards for toll enforcement
131 officers whose sole authority is to enforce the payment of tolls
132 pursuant to s. 316.1001. Nothing in this subparagraph shall be
133 construed to permit the carrying of firearms or other weapons,
134 nor shall a toll enforcement officer have arrest authority.
135 b. For the purpose of enforcing s. 316.1001, governmental
136 entities, as defined in s. 334.03, which own or operate a toll
137 facility may employ independent contractors or designate
138 employees as toll enforcement officers; however, any such toll
139 enforcement officer must successfully meet the training and
140 qualifications standards for toll enforcement officers
141 established by the Department of Transportation.
142 3. For the purpose of enforcing s. 316.0083, the
143 department may designate employees as traffic infraction
144 enforcement officers. A traffic infraction enforcement officer
145 must successfully complete instruction in traffic enforcement
146 procedures and court presentation through the Selective Traffic
147 Enforcement Program as approved by the Division of Criminal
148 Justice Standards and Training of the Department of Law
149 Enforcement, or through a similar program, but may not
150 necessarily otherwise meet the uniform minimum standards
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151 established by the Criminal Justice Standards and Training
152 Commission for law enforcement officers or auxiliary law
153 enforcement officers under s. 943.13. This subparagraph does not
154 authorize the carrying of firearms or other weapons by a traffic
155 infraction enforcement officer and does not authorize a traffic
156 infraction enforcement officer to make arrests. The department's
157 traffic infraction enforcement officers must be physically
158 located in the state.
159 (5)(a) Any sheriff's department or police department of a
160 municipality may employ, as a traffic infraction enforcement
161 officer, any individual who successfully completes instruction
162 in traffic enforcement procedures and court presentation through
163 the Selective Traffic Enforcement Program as approved by the
164 Division of Criminal Justice Standards and Training of the
165 Department of Law Enforcement, or through a similar program, but
166 who does not necessarily otherwise meet the uniform minimum
167 standards established by the Criminal Justice Standards and
168 Training Commission for law enforcement officers or auxiliary
169 law enforcement officers under s. 943.13. Any such traffic
170 infraction enforcement officer who observes the commission of a
171 traffic infraction or, in the case of a parking infraction, who
172 observes an illegally parked vehicle may issue a traffic
173 citation for the infraction when, based upon personal
174 investigation, he or she has reasonable and probable grounds to
175 believe that an offense has been committed which constitutes a
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176 noncriminal traffic infraction as defined in s. 318.14. In
177 addition, any such traffic infraction enforcement officer may
178 issue a traffic citation under s. 316.0083. For purposes of
179 enforcing s. 316.0083, any sheriff's department or police
180 department of a municipality may designate employees as traffic
181 infraction enforcement officers. The traffic infraction
182 enforcement officers must be physically located in the county of
183 the respective sheriff's or police department.
184 Section 8. Paragraphs (a) and (c) of subsection (3) of
185 section 316.650, Florida Statutes, are amended to read:
186 316.650 Traffic citations.—
187 (3)(a) Except for a traffic citation issued pursuant to s.
188 316.1001 or s. 316.0083, each traffic enforcement officer, upon
189 issuing a traffic citation to an alleged violator of any
190 provision of the motor vehicle laws of this state or of any
191 traffic ordinance of any municipality or town, shall deposit the
192 original traffic citation or, in the case of a traffic
193 enforcement agency that has an automated citation issuance
194 system, the chief administrative officer shall provide by an
195 electronic transmission a replica of the citation data to a
196 court having jurisdiction over the alleged offense or with its
197 traffic violations bureau within 5 days after issuance to the
198 violator.
199 (c) If a traffic citation is issued under s. 316.0083, the
200 traffic infraction enforcement officer shall provide by
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201 electronic transmission a replica of the traffic citation data
202 to the court having jurisdiction over the alleged offense or its
203 traffic violations bureau within 5 days after the date of
204 issuance of the traffic citation to the violator. If a hearing
205 is requested, the traffic infraction enforcement officer shall
206 provide a replica of the traffic notice of violation data to the
207 clerk for the local hearing officer having jurisdiction over the
208 alleged offense within 14 days.
209 Section 9. Section 318.121, Florida Statutes, is amended
210 to read:
211 318.121 Preemption of additional fees, fines, surcharges,
212 and costs.—Notwithstanding any general or special law, or
213 municipal or county ordinance, additional fees, fines,
214 surcharges, or costs other than the court costs and surcharges
215 assessed under s. 318.18(11), (13), (18), and (19), and (22) may
216 not be added to the civil traffic penalties assessed under this
217 chapter.
218 Section 10. Subsection (2) of section 318.14, Florida
219 Statutes, is amended to read:
220 318.14 Noncriminal traffic infractions; exception;
221 procedures.—
222 (2) Except as provided in s. 316.1001(2) ss. 316.1001(2)
223 and 316.0083, any person cited for a violation requiring a
224 mandatory hearing listed in s. 318.19 or any other criminal
225 traffic violation listed in chapter 316 must sign and accept a
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226 citation indicating a promise to appear. The officer may
227 indicate on the traffic citation the time and location of the
228 scheduled hearing and must indicate the applicable civil penalty
229 established in s. 318.18. For all other infractions under this
230 section, except for infractions under s. 316.1001, the officer
231 must certify by electronic, electronic facsimile, or written
232 signature that the citation was delivered to the person cited.
233 This certification is prima facie evidence that the person cited
234 was served with the citation.
235 Section 11. Subsection (3) of section 318.15, Florida
236 Statutes, is amended to read:
237 318.15 Failure to comply with civil penalty or to appear;
238 penalty.—
239 (3) The clerk shall notify the department of persons who
240 were mailed a notice of violation of s. 316.074(1) or s.
241 316.075(1)(c)1. pursuant to s. 316.0083 and who failed to enter
242 into, or comply with the terms of, a penalty payment plan, or
243 order with the clerk to the local hearing officer or failed to
244 appear at a scheduled hearing within 10 days after such failure,
245 and shall reference the person's driver license number, or in
246 the case of a business entity, vehicle registration number.
247 (a) Upon receipt of such notice, the department, or
248 authorized agent thereof, may not issue a license plate or
249 revalidation sticker for any motor vehicle owned or co-owned by
250 that person pursuant to s. 320.03(8) until the amounts assessed
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251 have been fully paid.
252 (b) After the issuance of the person's license plate or
253 revalidation sticker is withheld pursuant to paragraph (a), the
254 person may challenge the withholding of the license plate or
255 revalidation sticker only on the basis that the outstanding
256 fines and civil penalties have been paid pursuant to s.
257 320.03(8).
258 Section 12. Subsections (15) and (22) of section 318.18,
259 Florida Statutes, are amended to read:
260 318.18 Amount of penalties.—The penalties required for a
261 noncriminal disposition pursuant to s. 318.14 or a criminal
262 offense listed in s. 318.17 are as follows:
263 (15)(a)1. One hundred and fifty-eight dollars for a
264 violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver
265 has failed to stop at a traffic signal and when enforced by a
266 law enforcement officer. Sixty dollars shall be distributed as
267 provided in s. 318.21, $30 shall be distributed to the General
268 Revenue Fund, $3 shall be remitted to the Department of Revenue
269 for deposit into the Brain and Spinal Cord Injury Trust Fund,
270 and the remaining $65 shall be remitted to the Department of
271 Revenue for deposit into the Emergency Medical Services Trust
272 Fund of the Department of Health.
273 2. One hundred and fifty-eight dollars for a violation of
274 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
275 stop at a traffic signal and when enforced by the department's
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276 traffic infraction enforcement officer. One hundred dollars
277 shall be remitted to the Department of Revenue for deposit into
278 the General Revenue Fund, $45 shall be distributed to the county
279 for any violations occurring in any unincorporated areas of the
280 county or to the municipality for any violations occurring in
281 the incorporated boundaries of the municipality in which the
282 infraction occurred, $10 shall be remitted to the Department of
283 Revenue for deposit into the Department of Health Emergency
284 Medical Services Trust Fund for distribution as provided in s.
285 395.4036(1), and $3 shall be remitted to the Department of
286 Revenue for deposit into the Brain and Spinal Cord Injury Trust
287 Fund.
288 3. One hundred and fifty-eight dollars for a violation of
289 s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
290 stop at a traffic signal and when enforced by a county's or
291 municipality's traffic infraction enforcement officer. Seventy-
292 five dollars shall be distributed to the county or municipality
293 issuing the traffic citation, $70 shall be remitted to the
294 Department of Revenue for deposit into the General Revenue Fund,
295 $10 shall be remitted to the Department of Revenue for deposit
296 into the Department of Health Emergency Medical Services Trust
297 Fund for distribution as provided in s. 395.4036(1), and $3
298 shall be remitted to the Department of Revenue for deposit into
299 the Brain and Spinal Cord Injury Trust Fund.
300 (b) Amounts deposited into the Brain and Spinal Cord
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301 Injury Trust Fund pursuant to this subsection shall be
302 distributed quarterly to the Miami Project to Cure Paralysis and
303 shall be used for brain and spinal cord research.
304 (c) If a person who is mailed a notice of violation or
305 cited for a violation of s. 316.074(1) or s. 316.075(1)(c)1., as
306 enforced by a traffic infraction enforcement officer under s.
307 316.0083, presents documentation from the appropriate
308 governmental entity that the notice of violation or traffic
309 citation was in error, the clerk of court or clerk to the local
310 hearing officer may dismiss the case. The clerk of court or
311 clerk to the local hearing officer may not charge for this
312 service.
313 (d) An individual may not receive a commission or per-
314 ticket fee from any revenue collected from violations detected
315 through the use of a traffic infraction detector. A manufacturer
316 or vendor may not receive a fee or remuneration based upon the
317 number of violations detected through the use of a traffic
318 infraction detector.
319 (e) Funds deposited into the Department of Health
320 Emergency Medical Services Trust Fund under this subsection
321 shall be distributed as provided in s. 395.4036(1).
322 (22) In addition to the penalty prescribed under s.
323 316.0083 for violations enforced under s. 316.0083 which are
324 upheld, the local hearing officer may also order the payment of
325 county or municipal costs, not to exceed $250.
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326 Section 13. Subsection (8) of section 320.03, Florida
327 Statutes, is amended to read:
328 320.03 Registration; duties of tax collectors;
329 International Registration Plan.—
330 (8) If the applicant's name appears on the list referred
331 to in s. 316.1001(4), s. 316.1967(6), s. 318.15(3), or s.
332 713.78(13), a license plate or revalidation sticker may not be
333 issued until that person's name no longer appears on the list or
334 until the person presents a receipt from the governmental entity
335 or the clerk of court that provided the data showing that the
336 fines outstanding have been paid. This subsection does not apply
337 to the owner of a leased vehicle if the vehicle is registered in
338 the name of the lessee of the vehicle. The tax collector and the
339 clerk of the court are each entitled to receive monthly, as
340 costs for implementing and administering this subsection, 10
341 percent of the civil penalties and fines recovered from such
342 persons. As used in this subsection, the term "civil penalties
343 and fines" does not include a wrecker operator's lien as
344 described in s. 713.78(13). If the tax collector has private tag
345 agents, such tag agents are entitled to receive a pro rata share
346 of the amount paid to the tax collector, based upon the
347 percentage of license plates and revalidation stickers issued by
348 the tag agent compared to the total issued within the county.
349 The authority of any private agent to issue license plates shall
350 be revoked, after notice and a hearing as provided in chapter
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351 120, if he or she issues any license plate or revalidation
352 sticker contrary to the provisions of this subsection. This
353 section applies only to the annual renewal in the owner's birth
354 month of a motor vehicle registration and does not apply to the
355 transfer of a registration of a motor vehicle sold by a motor
356 vehicle dealer licensed under this chapter, except for the
357 transfer of registrations which includes the annual renewals.
358 This section does not affect the issuance of the title to a
359 motor vehicle, notwithstanding s. 319.23(8)(b).
360 Section 14. Paragraph (d) of subsection (3) of section
361 322.27, Florida Statutes, is amended to read:
362 322.27 Authority of department to suspend or revoke driver
363 license or identification card.—
364 (3) There is established a point system for evaluation of
365 convictions of violations of motor vehicle laws or ordinances,
366 and violations of applicable provisions of s. 403.413(6)(b) when
367 such violations involve the use of motor vehicles, for the
368 determination of the continuing qualification of any person to
369 operate a motor vehicle. The department is authorized to suspend
370 the license of any person upon showing of its records or other
371 good and sufficient evidence that the licensee has been
372 convicted of violation of motor vehicle laws or ordinances, or
373 applicable provisions of s. 403.413(6)(b), amounting to 12 or
374 more points as determined by the point system. The suspension
375 shall be for a period of not more than 1 year.
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376 (d) The point system shall have as its basic element a
377 graduated scale of points assigning relative values to
378 convictions of the following violations:
379 1. Reckless driving, willful and wanton—4 points.
380 2. Leaving the scene of a crash resulting in property
381 damage of more than $50—6 points.
382 3. Unlawful speed, or unlawful use of a wireless
383 communications device, resulting in a crash—6 points.
384 4. Passing a stopped school bus:
385 a. Not causing or resulting in serious bodily injury to or
386 death of another—4 points.
387 b. Causing or resulting in serious bodily injury to or
388 death of another—6 points.
389 5. Unlawful speed:
390 a. Not in excess of 15 miles per hour of lawful or posted
391 speed—3 points.
392 b. In excess of 15 miles per hour of lawful or posted
393 speed—4 points.
394 6. A violation of a traffic control signal device as
395 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
396 However, no points shall be imposed for a violation of s.
397 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
398 stop at a traffic signal and when enforced by a traffic
399 infraction enforcement officer. In addition, a violation of s.
400 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
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401 stop at a traffic signal and when enforced by a traffic
402 infraction enforcement officer may not be used for purposes of
403 setting motor vehicle insurance rates.
404 7. All other moving violations (including parking on a
405 highway outside the limits of a municipality)—3 points. However,
406 no points shall be imposed for a violation of s. 316.0741 or s.
407 316.2065(11); and points shall be imposed for a violation of s.
408 316.1001 only when imposed by the court after a hearing pursuant
409 to s. 318.14(5).
410 8. Any moving violation covered in this paragraph,
411 excluding unlawful speed and unlawful use of a wireless
412 communications device, resulting in a crash—4 points.
413 9. Any conviction under s. 403.413(6)(b)—3 points.
414 10. Any conviction under s. 316.0775(2)—4 points.
415 11. A moving violation covered in this paragraph which is
416 committed in conjunction with the unlawful use of a wireless
417 communications device within a school safety zone—2 points, in
418 addition to the points assigned for the moving violation.
419 Section 15. Subsection (1) of section 655.960, Florida
420 Statutes, is amended to read:
421 655.960 Definitions; ss. 655.960-655.965.—As used in this
422 section and ss. 655.961-655.965, unless the context otherwise
423 requires:
424 (1) "Access area" means any paved walkway or sidewalk
425 which is within 50 feet of any automated teller machine. The
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426 term does not include any street or highway open to the use of
427 the public, as defined in s. 316.003(82)(a) s. 316.003(83)(a) or
428 (b), including any adjacent sidewalk, as defined in s. 316.003.
429 Section 16. This act shall take effect July 1, 2023.
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