Pandemic Darlings The pandemic economy, in original documents
Home Source documents Transportation & Infrastructure Subcommittee Meeting Packet, February 4, 2020

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

Cite this document

“2020 02 04 3014 Transportation Infrastructure Subcommittee Meeting Packets Fn Tis 2 4 20.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-02-04-3014-transportation-infrastructure-subcommittee-meeting-pac-7b4d912786/, SHA-256 51173d9dc642dcbdf83cc862cd1828a25242a7bb13077d497b0389895ac5f115.

Full text

          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 .
STORAGE NAME: h0377.TIS
DATE: 1/31/2020
                                                      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.
STORAGE NAME: h0377.TIS                                                                                                   PAGE: 2
DATE: 1/31/2020
         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).
STORAGE NAME: h0377.TIS                                                                                             PAGE: 3
DATE: 1/31/2020
        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.
STORAGE NAME: h0377.TIS                                                                                                           PAGE: 4
DATE: 1/31/2020
         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.
STORAGE NAME: h0377.TIS                                                                                                       PAGE: 5
DATE: 1/31/2020
       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
STORAGE NAME: h0377.TIS                                                                                        PAGE: 6
DATE: 1/31/2020
              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:
STORAGE NAME: h0377.TIS                                                                                      PAGE: 7
DATE: 1/31/2020
        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.
STORAGE NAME: h0377.TIS                                                                                                 PAGE: 8
DATE: 1/31/2020
           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).
STORAGE NAME: h0377.TIS                                                                                            PAGE: 9
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 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

                                                         Page 1 of 21

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0377-00
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 377                                                                                                2020




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

                                                      Page 2 of 21

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0377-00
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 377                                                                                                2020




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:

                                                      Page 3 of 21

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0377-00
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 377                                                                                                2020




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.

                                                       Page 4 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                       Page 5 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                       Page 6 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                       Page 7 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                       Page 8 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                       Page 9 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                      Page 10 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                      Page 11 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                      Page 12 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                      Page 13 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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;

                                                      Page 14 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                      Page 15 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                      Page 16 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                      Page 17 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                      Page 18 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                      Page 19 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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

                                                      Page 20 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
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 377                                                                                                2020




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.




                                                      Page 21 of 21

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0377-00
                                         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


     091609 - h0377-strike.docx
     Published On: 2/3/2020 6:32:59 PM
                                  Page 1 of 23
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 377   (2020)
       Amendment No.


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
     091609 - h0377-strike.docx
     Published On: 2/3/2020 6:32:59 PM
                                   Page 2 of 23
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 377   (2020)
       Amendment No.


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:


     091609 - h0377-strike.docx
     Published On: 2/3/2020 6:32:59 PM
                                    Page 3 of 23
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 377   (2020)
       Amendment No.


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
     091609 - h0377-strike.docx
     Published On: 2/3/2020 6:32:59 PM
                                   Page 4 of 23
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 377   (2020)
        Amendment No.


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;




      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                   Page 5 of 23
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 377    (2020)
        Amendment No.


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
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                   Page 6 of 23
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 377   (2020)
        Amendment No.


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
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                   Page 7 of 23
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 377   (2020)
        Amendment No.


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.


      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                     Page 8 of 23
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 377   (2020)
        Amendment No.


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
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                    Page 9 of 23
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 377    (2020)
        Amendment No.


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.


      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                   Page 10 of 23
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 377     (2020)
        Amendment No.


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


      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                     Page 11 of 23
                                               COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                        Bill No. HB 377   (2020)
        Amendment No.


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.
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                     Page 12 of 23
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 377     (2020)
        Amendment No.


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
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                     Page 13 of 23
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 377   (2020)
        Amendment No.


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:
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                    Page 14 of 23
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 377    (2020)
        Amendment No.


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;
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                    Page 15 of 23
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 377   (2020)
        Amendment No.


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
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                    Page 16 of 23
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                     Bill No. HB 377   (2020)
        Amendment No.


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
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                    Page 17 of 23
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   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.
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                   Page 18 of 23
                                             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.


      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                      Page 19 of 23
                                            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


      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                     Page 20 of 23
                                            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.
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                     Page 21 of 23
                                          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
      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                   Page 22 of 23
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   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.




      091609 - h0377-strike.docx
      Published On: 2/3/2020 6:32:59 PM
                                   Page 23 of 23
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 .
STORAGE NAME: h0435.TIS
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.).
STORAGE NAME: h0435.TIS                                                                                                       PAGE: 2
DATE: 1/31/2020
           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.
STORAGE NAME: h0435.TIS                                                                                                  PAGE: 3
DATE: 1/31/2020
       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




STORAGE NAME: h0435.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 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

                                                         Page 1 of 6

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0435-00
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 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

                                                      Page 2 of 6

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0435-00
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 435                                                                                                2020




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

                                                      Page 3 of 6

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0435-00
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 435                                                                                                2020




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

                                                       Page 4 of 6

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0435-00
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 435                                                                                                2020




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

                                                       Page 5 of 6

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0435-00
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 435                                                                                                2020




126      authorized agents upon request.
127               Section 7.        This act shall take effect July 1, 2020.




                                                       Page 6 of 6

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0435-00
                                          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
     527431 - h0435-strike.docx
     Published On: 2/3/2020 5:53:11 PM
                                     Page 1 of 7
                                           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
     527431 - h0435-strike.docx
     Published On: 2/3/2020 5:53:11 PM
                                     Page 2 of 7
                                         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
     527431 - h0435-strike.docx
     Published On: 2/3/2020 5:53:11 PM
                                   Page 3 of 7
                                         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
     527431 - h0435-strike.docx
     Published On: 2/3/2020 5:53:11 PM
                                   Page 4 of 7
                                          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
      527431 - h0435-strike.docx
      Published On: 2/3/2020 5:53:11 PM
                                    Page 5 of 7
                                          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
      527431 - h0435-strike.docx
      Published On: 2/3/2020 5:53:11 PM
                                   Page 6 of 7
                                          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.




      527431 - h0435-strike.docx
      Published On: 2/3/2020 5:53:11 PM
                                   Page 7 of 7
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 .
STORAGE NAME: h0503.TIS
DATE: 1/31/2020
                                                       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.
STORAGE NAME: h0503.TIS                                                                                                     PAGE: 2
DATE: 1/31/2020
         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.
STORAGE NAME: h0503.TIS                                                                                                           PAGE: 3
DATE: 1/31/2020
       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.

STORAGE NAME: h0503.TIS                                                                                    PAGE: 4
DATE: 1/31/2020
   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




STORAGE NAME: h0503.TIS                                                                              PAGE: 5
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 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

                                                         Page 1 of 4

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0503-00
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 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

                                                      Page 2 of 4

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0503-00
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 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

                                                      Page 3 of 4

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0503-00
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 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.




                                                      Page 4 of 4

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0503-00
                                          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
     797153 - h0503-Strike.docx
     Published On: 2/3/2020 5:54:15 PM
                                     Page 1 of 7
                                            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
     797153 - h0503-Strike.docx
     Published On: 2/3/2020 5:54:15 PM
                                      Page 2 of 7
                                           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.
     797153 - h0503-Strike.docx
     Published On: 2/3/2020 5:54:15 PM
                                     Page 3 of 7
                                           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


     797153 - h0503-Strike.docx
     Published On: 2/3/2020 5:54:15 PM
                                   Page 4 of 7
                                            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


      797153 - h0503-Strike.docx
      Published On: 2/3/2020 5:54:15 PM
                                       Page 5 of 7
                                              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.
      797153 - h0503-Strike.docx
      Published On: 2/3/2020 5:54:15 PM
                                     Page 6 of 7
                                          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.




      797153 - h0503-Strike.docx
      Published On: 2/3/2020 5:54:15 PM
                                   Page 7 of 7
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.
STORAGE NAME: h0533.TIS                                                                                                    PAGE: 2
DATE: 1/31/2020
         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
STORAGE NAME: h0533.TIS                                                                                                         PAGE: 3
DATE: 1/31/2020
         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)
STORAGE NAME: h0533.TIS                                                                                                          PAGE: 4
DATE: 1/31/2020
       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
STORAGE NAME: h0533.TIS                                                                                    PAGE: 5
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




STORAGE NAME: h0533.TIS                                                                                 PAGE: 6
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

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                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.




                                                      Page 2 of 2

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             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.
STORAGE NAME: h0951.TIS                                                                                                           PAGE: 2
DATE: 1/31/2020
                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.
STORAGE NAME: h0951.TIS                                                                                                     PAGE: 3
DATE: 1/31/2020
           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.
STORAGE NAME: h0951.TIS                                                                                         PAGE: 4
DATE: 1/31/2020
                          IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
   None.




STORAGE NAME: h0951.TIS                                                  PAGE: 5
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 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

                                                         Page 1 of 3

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0951-00
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 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

                                                      Page 2 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0951-00
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 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.




                                                      Page 3 of 3

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0951-00
                                          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."


     252619 - h0951-strike.docx
     Published On: 2/3/2020 5:56:19 PM
                                     Page 1 of 4
                                          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
     252619 - h0951-strike.docx
     Published On: 2/3/2020 5:56:19 PM
                                   Page 2 of 4
                                         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.
     252619 - h0951-strike.docx
     Published On: 2/3/2020 5:56:19 PM
                                   Page 3 of 4
                                         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.




     252619 - h0951-strike.docx
     Published On: 2/3/2020 5:56:19 PM
                                   Page 4 of 4
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 .
STORAGE NAME: h0977.TIS
DATE: 1/31/2020
                                                     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).
STORAGE NAME: h0977.TIS                                                                                       PAGE: 2
DATE: 1/31/2020
         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).
STORAGE NAME: h0977.TIS                                                                                                       PAGE: 3
DATE: 1/31/2020
           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).
STORAGE NAME: h0977.TIS                                                                                           PAGE: 4
DATE: 1/31/2020
       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




STORAGE NAME: h0977.TIS                                                                                    PAGE: 5
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 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'

                                                         Page 1 of 5

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb0977-00
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 977                                                                                                2020




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,

                                                      Page 2 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0977-00
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 977                                                                                                2020




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

                                                      Page 3 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb0977-00
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 977                                                                                                2020




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,

                                                       Page 4 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0977-00
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 977                                                                                                2020




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.

                                                       Page 5 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb0977-00
                                          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
     974519 - h0977-strike.docx
     Published On: 2/3/2020 5:57:10 PM
                                     Page 1 of 5
                                           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:




     974519 - h0977-strike.docx
     Published On: 2/3/2020 5:57:10 PM
                                    Page 2 of 5
                                         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
     974519 - h0977-strike.docx
     Published On: 2/3/2020 5:57:10 PM
                                    Page 3 of 5
                                         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
     974519 - h0977-strike.docx
     Published On: 2/3/2020 5:57:10 PM
                                   Page 4 of 5
                                            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.




      974519 - h0977-strike.docx
      Published On: 2/3/2020 5:57:10 PM
                                    Page 5 of 5
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
STORAGE NAME: h1315.TIS                                                                                                       PAGE: 2
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).
STORAGE NAME: h1315.TIS                                                                                                       PAGE: 3
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.
STORAGE NAME: h1315.TIS                                                                                                 PAGE: 4
DATE: 1/31/2020
        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).
STORAGE NAME: h1315.TIS                                                                                                   PAGE: 5
DATE: 1/31/2020
         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.
STORAGE NAME: h1315.TIS                                                                                                         PAGE: 6
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.
STORAGE NAME: h1315.TIS                                                                                                   PAGE: 7
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).
STORAGE NAME: h1315.TIS                                                                                                       PAGE: 8
DATE: 1/31/2020
           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.
STORAGE NAME: h1315.TIS                                                                                       PAGE: 9
DATE: 1/31/2020
            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.
STORAGE NAME: h1315.TIS                                                                                               PAGE: 10
DATE: 1/31/2020
   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.




STORAGE NAME: h1315.TIS                                                                              PAGE: 11
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 1315                                                                                               2020




    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

                                                         Page 1 of 37

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb1315-00
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 1315                                                                                               2020




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

                                                      Page 2 of 37

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1315-00
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 1315                                                                                               2020




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

                                                      Page 3 of 37

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1315-00
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 1315                                                                                               2020




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

                                                       Page 4 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                       Page 5 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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,

                                                       Page 6 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                       Page 7 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                       Page 8 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                       Page 9 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 10 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 11 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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.—

                                                      Page 12 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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)

                                                      Page 13 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 14 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 15 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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.—

                                                      Page 16 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 17 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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.

                                                      Page 18 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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:

                                                      Page 19 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 20 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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.

                                                      Page 21 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 22 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 23 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 24 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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,

                                                      Page 25 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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:

                                                      Page 26 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 27 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 28 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 29 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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,

                                                      Page 30 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 31 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 32 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 33 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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.

                                                      Page 34 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 35 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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

                                                      Page 36 of 37

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1315-00
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 1315                                                                                               2020




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.




                                                      Page 37 of 37

      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
     494511 - h1315-line    99.docx
     Published On: 2/3/2020 5:58:55 PM
                                      Page 1 of 4
                                          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
     494511 - h1315-line   99.docx
     Published On: 2/3/2020 5:58:55 PM
                                     Page 2 of 4
                                          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
     494511 - h1315-line   99.docx
     Published On: 2/3/2020 5:58:55 PM
                                     Page 3 of 4
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                   Bill No. HB 1315   (2020)
       Amendment No.


67     enterprise to the department; amending s. 206.46, F.S.; removing
68     a




     494511 - h1315-line   99.docx
     Published On: 2/3/2020 5:58:55 PM
                                     Page 4 of 4
                                          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,
     385049 - h1315-line 216.docx
     Published On: 2/3/2020 5:59:45 PM
                                     Page 1 of 2
                                           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.;




     385049 - h1315-line 216.docx
     Published On: 2/3/2020 5:59:45 PM
                                     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.
     183769 - h1315-line 851.docx
     Published On: 2/3/2020 6:00:26 PM
                                     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




     183769 - h1315-line 851.docx
     Published On: 2/3/2020 6:00:26 PM
                                    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
STORAGE NAME: h1383.TIS                                                                                                  PAGE: 2
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.
STORAGE NAME: h1383.TIS                                                                                                       PAGE: 3
DATE: 1/31/2020
       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.
STORAGE NAME: h1383.TIS                                                                                       PAGE: 4
DATE: 1/31/2020
                             II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

     A. FISCAL IMPACT ON STATE GOVERNMENT:

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

        2. Expenditures:
             The bill 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
STORAGE NAME: h1383.TIS                                                                                                      PAGE: 5
DATE: 1/31/2020
    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).
STORAGE NAME: h1383.TIS                                                                                                         PAGE: 6
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 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

                                                         Page 1 of 5

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb1383-00
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 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

                                                      Page 2 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1383-00
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 1383                                                                                               2020




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:

                                                      Page 3 of 5

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb1383-00
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 1383                                                                                               2020




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

                                                       Page 4 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb1383-00
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 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.




                                                       Page 5 of 5

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              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

                                                         Page 1 of 2

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb1441-00
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 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

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             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).
STORAGE NAME: h6083.TIS                                                                                          PAGE: 6
DATE: 1/31/2020
                      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).
STORAGE NAME: h6083.TIS                                                                                                       PAGE: 7
DATE: 1/31/2020
     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.
STORAGE NAME: h6083.TIS                                                                                                 PAGE: 8
DATE: 1/31/2020
                                                   III. COMMENTS

     A. CONSTITUTIONAL ISSUES:

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

        2. Other:
           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.
STORAGE NAME: h6083.TIS                                                                                     PAGE: 9
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 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.—

                                                         Page 1 of 18

        CODING: Words stricken are deletions; words underlined are additions.
                                                                                                                hb6083-00
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 6083                                                                                               2020




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.

                                                      Page 2 of 18

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb6083-00
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 6083                                                                                               2020




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

                                                      Page 3 of 18

     CODING: Words stricken are deletions; words underlined are additions.
                                                                                                             hb6083-00
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 6083                                                                                               2020




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

                                                       Page 4 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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.—

                                                       Page 5 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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

                                                       Page 6 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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

                                                       Page 7 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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

                                                       Page 8 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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

                                                       Page 9 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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

                                                      Page 10 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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

                                                      Page 11 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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

                                                      Page 12 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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.

                                                      Page 13 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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

                                                      Page 14 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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.

                                                      Page 15 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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

                                                      Page 16 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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

                                                      Page 17 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00
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 6083                                                                                               2020




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.




                                                      Page 18 of 18

      CODING: Words stricken are deletions; words underlined are additions.
                                                                                                              hb6083-00


File and source

File
2020-02-04_3014_transportation-infrastructure-subcommittee_meeting-packets_fn-tis-2-4-20.pdf
Size
4,160,007 bytes
SHA-256
51173d9dc642dcbdf83cc862cd1828a25242a7bb13077d497b0389895ac5f115
Our copy
2020-02-04_3014_transportation-infrastructure-subcommittee_meeting-packets_fn-tis-2-4-20.pdf
Original
No public link identified.
Back to top