Meeting Packet - Tourism, Infrastructure & Energy Subcommittee (Monday, March 22, 2021)
Summary
A Meeting Packet for the Tourism, Infrastructure & Energy Subcommittee of the Florida House of Representatives Commerce Committee, for its meeting on Monday, March 22, 2021, 3:00 PM to 6:00 PM in Webster Hall. The agenda lists HB 605 (Bicycle and Pedestrian Safety), HB 1239 (Broadband Internet Infrastructure) and HB 1313 (Digital Driver Licenses and Identification Cards), along with proposed committee substitutes for HB 139, HB 1329 and HB 1629. The packet includes the staff analysis of HB 605, which says the bill requires 20 percent of the questions on the driver license test to address bicycle and pedestrian safety. It also includes an amendment offered by Representative Williamson to PCS for HB 1629.
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Tourism, Infrastructure & Energy
Subcommittee
Monday, March 22, 2021
3:00 PM – 6:00 PM
Webster Hall (212 Knott)
Meeting Packet
Chris Sprowls Brad Drake
Speaker Chair
The Florida House of Representatives
Commerce Committee
Tourism, Infrastructure & Energy Subcommittee
Chris Sprowls Brad Drake
Speaker Chair
AGENDA
Monday, March 22, 2021
Webster Hall (212 Knott)
3:00 PM – 6:00 PM
I. Call to Order & Roll Call
II. Welcoming Remarks
III. Consideration of the following bills(s):
HB 605 by Rep. Hunschofsky
Bicycle and Pedestrian Safety
HB 1151 by Rep. Brannan
Department of Highway Safety and Motor Vehicles
HB 1201 by Rep. Altman
Space Florida Board of Directors
HB 1239 by Rep. Tomkow
Broadband Internet Infrastructure
HB 1313 by Rep. LaMarca
Digital Driver Licenses and Identification Cards
HB 1315 by Rep. LaMarca
Pub. Rec./Department of Highway Safety and Motor Vehicles
HB 1359 by Rep. Brannan
Pub. Rec./Department of Highway Safety and Motor Vehicles
303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
(850) 717-4873 Fax: (850) 413-0419
Page 2
IV. Consideration of the following proposed committee substitute(s):
PCS for HB 139 -- Motor Vehicle and Vessel Registration Data
PCS for HB 1329 -- Transportation Facility Designations Honoring Fallen Law
Enforcement Officers
PCS for HB 1629 -- Transportation Facility Designations
V. Adjournment
HB 605
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 605 Bicycle and Pedestrian Safety
SPONSOR(S): Hunschofsky and others
TIED BILLS: IDEN./SIM. BILLS: SB 950
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johnson Keating
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The bill addresses issues relating to bicycle and pedestrian safety. In summary, the bill:
Defines the terms “bicycle lane” and “separated bicycle lane.”
Provides requirements for a vehicle overtaking a bicycle or other nonmotorized vehicle, an electric
bicycle, or a pedestrian occupying the same travel lane.
Requires the Department of Highway Safety and Motor Vehicles (DHSMV) to provide an awareness
campaign regarding vehicles overtaking a bicycle, other nonmotorized vehicle, an electric bicycle, or a
pedestrian.
Provides that no-passing zones do not apply to drivers who safely and briefly drive to the left of center
of the roadway to overtake a bicycle, other nonmotorized vehicle, an electric bicycle, or a pedestrian.
Requires a vehicle making a right turn while overtaking and passing a bicycle proceeding in the same
direction, to do so only if the bicycle is at least 20 feet from the intersection.
Authorizes bicyclists riding in groups, after coming to a full stop, to go through an intersection in groups
of 10 or fewer.
Requires 20 percent of the questions on the driver license test to address bicycle and pedestrian
safety.
The bill appears have a negative impact on state government expenditures, as it requires DHSMV to program
changes to the driver license test and provide an awareness campaign.
The bill has an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0605.TIE
DATE: 3/18/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Definitions
Current Situation
Florida law defines the term “bicycle” as every vehicle1 propelled solely by human power, having two
tandem wheels, and including any device generally recognized as a bicycle though equipped with two
front or two rear wheels. The term does not include a scooter or similar device.2
Florida law defines the term “electric bicycle” as a bicycle or tricycle equipped with fully operable
pedals, a seat or saddle for the use of the rider, and an electric motor of less than 750 watts which
meets the requirements of one of the following three classifications:
“Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when the
electric bicycle reaches the speed of 20 miles per hour.
“Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used
exclusively to propel the electric bicycle and that ceases to provide assistance when the electric
bicycle reaches the speed of 20 miles per hour.
“Class 3 electric bicycle” means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when the
electric bicycle reaches the speed of 28 miles per hour.3
An electric bicycle is subject to the same rules and regulations applicable to a bicycle.4
Florida law does not define the terms “bicycle lane” or “separated bicycle lane.”
Effect of the Bill
The bill defines the term “bicycle lane” as any portion of a roadway or highway which is designated by
pavement markings and signs for preferential or exclusive use by bicycles.
The bill defines the term “separated bicycle lane” as a bicycle lane that is separated from motor vehicle
traffic by a physical barrier.
Overtaking or Passing a Vehicle
Current Situation
Under Florida law, the driver of a vehicle overtaking another vehicle proceeding in the same direction
must give an appropriate signal,5 must pass to the left of the vehicle at a safe distance, and may not
again drive to the right side of the roadway until he or she is safely clear of the overtaken vehicle. A
driver overtaking a bicycle or other nonmotorized vehicle,6 or an electric bicycle, must pass the bicycle,
other nonmotorized vehicle, or electric bicycle at a safe distance of not less than three feet between the
vehicle and the bicycle, other nonmotorized vehicle, or electric bicycle.7 A violation is a noncriminal
1
Section 316.003(103), F.S., defines the term “vehicle” as every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, except personal delivery devices, mobile carriers, and devices used exclusively upon stationary
rails or tracks.
2
S. 316.003(4), F.S.
3
S. 316.003(22), F.S.
4
S. 316.20655(1), F.S.
5
Signals are provided for in s. 316.156, F.S.
6
The term “other nonmotorized vehicle” is not defined in ch. 316, F.S.
7
S. 316.083(1), F.S.
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traffic infraction, punishable as a moving violation as provided in Ch. 318, F.S.8 The statutory base fine
is $60,9 but with additional fees and surcharges, the total fine is up to $158.10
Effect of the Bill
The bill provides that the driver of a vehicle overtaking a bicycle or other nonmotorized vehicle, electric
bicycle, or pedestrian occupying the same travel lane must vacate the lane or, if such movement
cannot be safely accomplished, must remain at a safe distance behind the bicycle, other nonmotorized
vehicle, electric bicycle, or pedestrian until the driver can safely vacate the lane and may not reenter
the lane until safely clear of the overtaken bicycle, other nonmotorized vehicle, electric bicycle, or
pedestrian.
The provisions relating to overtaking bicycles, other nonmotorized vehicles, electric bicycles, do not
apply when the bicycle, other nonmotorized vehicle, or electric bicycle occupies a separated bicycle
lane. A violation is a noncriminal traffic infraction, punishable as a moving violation as provided in ch.
318, F.S. The statutory base fine is $60,11 but with additional fees and surcharges, the total fine is up to
$158.12
Pedestrian and Bicycle Safety Efforts
Current Situation
The Department of Highway Safety and Motor Vehicles (DSHMV) works to promote traffic safety and
educate citizens on traffic laws and regulations that protect the safety of pedestrians and bicyclists. In
addition to partnering with the Department of Transportation (DOT), Florida’s Pedestrian and Bicycle
Safety Coalition, and Alert Today Florida on education and outreach efforts, DSHMV incorporates
safety messages into its driver education materials and its communications and outreach efforts.13
Each May, DHSMV leads the Share the Road campaign, which works to educate individuals on bicycle
and pedestrian safety and educates motorists on the importance of sharing the road with all road users.
The 2019 Share the Road campaign utilized billboards, online ads, and internet radio advertisements.14
Current law provides for the examination of applicants for various classes of driver licenses. For an
applicant for a noncommercial driver license, the examination must include a test of the applicant's
ability to read and understand highway signs regulating, warning, and directing traffic and his or her
knowledge of the state’s traffic laws, including laws related to driving under the influence of alcohol or
controlled substances.15 However, there is no requirement that the driver license test contain questions
regarding bicycle and pedestrian safety.
Currently, the driver license exam consists of up to of 50 questions. There are 309 questions in
DSHMV’s test bank, with 18 questions specific to pedestrian and bicyclist safety. Whether or not an
applicant will see a bicycle or pedestrian question on the test depends on the number of questions
within that category, the number of questions pulled from a category, and how many questions a
customer sees while taking the test.16,17
Effect of the Bill
8
S. 316.083(3), F.S. Chapter 318, F.S., relates to the disposition of traffic infractions.
9
S. 318.18(3)(a), F.S.
10
Florida Clerk of Courts, 2020 Distribution Schedule, p. 23, available at:
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/advisories_2021/21bull005_Attach_2_2020_Dist.pdf (last
visited February 8, 2021).
11
S, 318.18(3)(a), F.S.
12
Florida Clerk of Courts, 2020 Distribution Schedule, p. 23.
13
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2020 House Bill 950, p. 3. March 9, 2021.
14
Id.
15
S. 322.12(3), F.S.
16
The test has a quick pass/quick fail delivery; a customer passes after answering 40 questions correctly and fails after answering 11
questions incorrectly.
17
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 950, p. 4. (March 9, 2021).
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DATE: 3/18/2021
The bill requires DHSMV to provide an awareness campaign informing the motoring public about the
safety precautions that must be taken when overtaking a bicycle, other nonmotorized vehicle, electric
bicycle, or pedestrian, and to provide information about such precautions in all newly printed driver
license education materials.
The bill requires 20 percent of the test questions (or 10 questions) for each noncommercial driver
license applicant to address bicycle and pedestrian safety. This would likely lead to fewer questions
devoted to an applicant’s understanding of highway signs and knowledge of traffic laws.18
No Passing Zones
Current Situation
Section 316.0875, F.S., authorizes DOT and local authorities19 to determine those portions of any
highway under their respective jurisdiction where overtaking and passing or driving to the left of the
center of the roadway would be especially hazardous and may, by appropriate signs or markings on the
roadway, indicate the beginning and end of such zones. When such signs or markings are in place and
clearly visible to an ordinarily observant person, every driver of a vehicle must obey those directions.20
Where signs or markings define a no-passing zone, a driver may not drive on the left side of the
roadway with the no-passing zone or on the left side of any pavement striping designed to mark such
no-passing zone throughout its length.21
Section 316.0875, F.S., does not apply when an obstruction exists making it necessary to drive to the
left of the center of the highway, nor to the driver of a vehicle turning left into or from an alley, private
road, or driveway.22
Effect of the Bill
The bill provides that that s. 316.0875, F.S., does not apply to the driver of a vehicle overtaking or
passing a bicycle, other nonmotorized vehicle, electric bicycle, or pedestrian occupying the same travel
lane.
Required Method for Turning at Intersections
Current Situation
Current law provides that the driver of a vehicle intending to make a right turn must make both the
approach for the right turn and the right turn as close as practicable to the right-hand curb or edge of
the roadway.23
A violation of s. 316.151, F.S. is a noncriminal traffic infraction, punishable as a moving violation as
provided in Ch. 318, F.S.24 The statutory base fine is $60,25 but with additional fees and surcharges, the
total fine is up to $158.26
Effect of the Bill
The bill requires that the driver of a vehicle intending to turn right at an intersection, when overtaking or
passing a bicycle proceeding in the same direction, must give an appropriate signal and make the right
turn only if the bicycle is at least 20 feet from the intersection.
18
Id.
19
Section 316.003(36), F.S., defines the term “local authorities” as all officers and public officials of the several counties and
municipalities of this state.
20
S. 316.0875(1), F.S.
21
S. 316.0875(2), F.S.
22
S. 316.0875(3), F.S.
23
S. 316.151(1)(a), F.S.
24
S. 316.151(3), F.S.
25
S, 318.18(3)(a), F.S.
26
Florida Clerk of Courts, 2020 Distribution Schedule, p. 23.
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DATE: 3/18/2021
Bicycle Regulations
Current Situation
Chapter 316, F.S., is the Florida Uniform Traffic Control Law,27 which is designed for the state to have
uniform traffic laws throughout the state and its counties, and uniform traffic ordinances in all
municipalities.28
Under Florida law, every person propelling a vehicle by human power has all of the rights and all of the
duties applicable to the driver of any other vehicle under the law except as to special regulations in the
Florida Uniform Traffic Control Law and except as to provisions of the law, which by their nature can
have no application.29 Additionally, an electric bicycle is subject to the same rules and regulations
afforded a bicycle, including s. 316.2065, F.S., relating to bicycle regulation.30
Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and
place and under the conditions then existing must ride in the lane marked for bicycle use or, if no lane
is marked for bicycle use, as close as practicable to the right-hand curb or edge of the roadway except
under any of the following situations:
When overtaking and passing another bicycle or vehicle proceeding in the same direction.
When preparing for a left turn at an intersection or into a private road or driveway.
When reasonably necessary to avoid any condition or potential conflict, including, but not limited
to, a fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface
hazard, turn lane, or substandard-width lane,31 which makes it unsafe to continue along the
right-hand curb or edge or within a bicycle lane.32
Any person operating a bicycle upon a one-way highway with two or more marked traffic lanes may ride
as near the left-hand curb or edge of such roadway as practicable.33
Persons riding bicycles upon a roadway may not ride more than two abreast except on paths or parts of
roadways set aside for the exclusive use of bicycles. Persons riding two abreast may not impede traffic
when traveling at less than the normal speed of traffic at the time and place and under the conditions
then existing and must ride within a single lane.34
Except as otherwise provided in s. 316.2065, F.S., a violation of s. 316.2065, F.S., is a noncriminal
traffic infraction, punishable as a pedestrian violation as provided in ch. 318, F.S.35 The base fine is
$15,36 but with additional fees and surcharges, the total fine is up to $56.60.37
Effect of the Bill
The bill prohibits persons riding bicycles in a bike lane from riding more than two abreast.
The bill also provides that when stopping at a stop sign, persons riding bicycles in groups, after coming
to a full stop and obeying all traffic laws, may proceed through the stop sign in a group of 10 or fewer at
a time. Motor vehicle operators must allow each such group to travel through the intersection before
moving forward. However, the bill does not specify how, such as single file, the groups of bicyclists may
travel through an intersection.38
27
S. 316.001, F.S.
28
S. 316.002, F.S.
29
S. 316.2065(1), F.S.
30
S. 316.20655(1), F.S.
31
For the purposes of s. 316.2065(5), F.S., the term “substandard-width lane” means a lane that is too narrow for a bicycle and another
vehicle to travel safely side by side within the lane.
32
S. 316.2065(5)(a), F.S.
33
S. 316.2065(5)(b), F.S.
34
S. 316.2065(6), F.S.
35
S. 316.2065(19), F.S.
36
S. 318.18(1), F.S.
37
Florida Clerk of Courts, 2020 Distribution Schedule, p. 21.
38
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 Senate Bill 950. P. 4. (March 9, 2021).
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DATE: 3/18/2021
A violation of this provision would be a noncriminal traffic infraction, punishable as a pedestrian
violation. The base fine is $15,39 but with additional fees and surcharges, the total fine is up to $56.50.40
Conforming Changes
The bill also amends ss. 212.05, 316.306, and 655.960, F.S., conforming to cross-references.
Effective Date
The bill has an effective date of July 1, 2021.
B. SECTION DIRECTORY:
Section 1 Amends s. 316.003, F.S., providing definitions.
Section 2 Amends s. 316.083, F.S., relating to overtaking and passing a vehicle, a bicycle, or other
nonmotorized vehicle, an electric bicycle, or a pedestrian.
Section 3 Amends s. 316.0875, F.S., relating to no-passing zones.
Section 4 Amends s. 316.151, F.S., relating to required position and method of turning at
intersections.
Section 5 Amends s. 316.2065, F.S., relating to bicycle regulations.
Section 6 Amends s. 322.12, F.S. relating to the examination of applicants.
Sections 7-9 Amend ss. 212.05, 316.306, and 655.960, F.S., conforming cross-references.
Section 10 Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill appears to have a negative impact on state government expenditures.
Each May, DHSMV conducts a “Share the Road” safety campaign focusing on motorcycle, bicycle,
and commercial vehicle safety. If the awareness provisions of the bill can be added to that existing
awareness campaign, DHSMV can absorb the costs within existing resources. However, if DHSMV
is required to do a new, standalone awareness campaign DHSMV states that additional resources
would be required to conduct an effective public awareness campaign.41
DHSMV will incur expenditures associated with redesigning its driver license test to provide that at
least 20 percent of the test questions address bicycle and pedestrian safety. This cost can be
absorbed within existing resources.42
39
S. 318.318(1), F.S.
40
Florida Clerk of Courts, 2020 Distribution Schedule, p. 21.
41
Id. at 5.
42
Id.
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DATE: 3/18/2021
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
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.
B. RULE-MAKING AUTHORITY:
The bill does not provide a grant of rulemaking, nor does it require rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill does not include micro mobility devices43 (such as e-scooters), whose riders have same rights
and duties as bicyclists.44 These devices, however, may be governed by local ordinances that specify
where they can be used.45 Electric bike use is also subject to such ordinances.46 In addition, the bill
does not address electric personal assistive mobility devices47 that are permitted to be operated on any
street or road where bicycles are permitted and on marked bicycle paths.48,49
The bill requires the driver of a vehicle to remain at a safe distance behind a pedestrian until the driver
can safely vacate the lane. This language is appropriate for bicycles, other nonmotorized vehicles, and
electric bicycles, which are required to travel in the same direction as vehicle traffic. However, Florida
43
Section 316.003(39), F.S., defines the term “micromobility device” as any motorized transportation device made available for
private use by reservation through an online application, website, or software for point-to-point trips and which is not capable of
traveling at a speed greater than 20 miles per hour on level ground. This term includes motorized scooters and bicycles.
44
See. s. 316.2128(1), F.S.
45
S. 316.2128, F.S.
46
S. 316.20655, F.S.
47
Section 316.003(23), F.S., defines the term “electric personal assistive mobility device” as any self-balancing, two-nontandem-
wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1
horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being
ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.
48
S. 316.2068, F.S.
49
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 Senate Bill 950, p. 3. (March 9, 2021).
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DATE: 3/18/2021
law requires pedestrians to walk facing traffic on the left side of the roadway, which would prevent the
driver of a vehicle from remaining a safe distance behind a pedestrian as the bill requires.50
The bill allows a vehicle to make a right turn at an intersection and pass a bicyclist only if the bicyclist is
at least 20 feet from the intersection. However, depending on the speed of the bicycle and the speed of
the vehicle turning, this may or may not be an appropriate distance for the vehicle to complete its turn
without affecting the bicyclist and potentially causing a crash.51
The bill provides that “when stopping at a stop sign, persons riding bicycles in groups, after coming to a
full stop and obeying all traffic laws, may proceed through the stop sign in a group of 10 or fewer at a
time. Motor vehicle operators must allow each such group to travel through the intersection before
moving forward.” Pursuant to s. 316.123(2)(b), F.S., “At a four-way stop intersection, the driver of the
first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles reach the
four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-
way to the vehicle on the right.”52 As the bill is drafted, it is unclear whether “each such group” refers to
a single group of 10 bicyclists or more than one group of 10 bicyclists. In addition, DHSMV
recommends language be added to the bill indicating that a group of bicyclists will not proceed from the
stop sign unless oncoming traffic is of such a distance that all members of the group may safely
proceed through the intersection.53
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
50
Id. at 6.
51
Id.
52
Id. at 6-7.
53
Id.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 605 2021
1 A bill to be entitled
2 An act relating to bicycle and pedestrian safety;
3 amending s. 316.003, F.S.; defining the terms "bicycle
4 lane" and "separated bicycle lane"; amending s.
5 316.083, F.S.; revising and providing requirements for
6 the driver of a motor vehicle overtaking a bicycle or
7 other nonmotorized vehicle, an electric bicycle, or a
8 pedestrian; providing exceptions; providing a penalty;
9 requiring the Department of Highway Safety and Motor
10 Vehicles to provide an awareness campaign, and include
11 information in certain educational materials,
12 regarding certain safety precautions; amending s.
13 316.0875, F.S.; exempting a motor vehicle driver from
14 certain provisions relating to no-passing zones when
15 overtaking a bicycle or other nonmotorized vehicle, an
16 electric bicycle, or a pedestrian; making a technical
17 change; amending s. 316.151, F.S.; revising
18 requirements for vehicles turning at intersections;
19 providing turn signaling and distance requirements for
20 a motor vehicle driver when overtaking and passing a
21 bicycle; making a technical change; amending s.
22 316.2065, F.S.; prohibiting persons riding bicycles in
23 a bicycle lane from riding more than two abreast;
24 providing requirements for persons riding bicycles in
25 groups when stopping at a stop sign; making a
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26 technical change; amending s. 322.12, F.S.; requiring
27 a specified portion of the examination for a Class E
28 driver license to address bicycle and pedestrian
29 safety; amending ss. 212.05, 316.306, and 655.960,
30 F.S.; conforming cross-references; providing an
31 effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Present subsections (5) through (76) and (77)
36 through (105) of section 316.003, Florida Statutes, are
37 redesignated as subsections (6) through (77) and (79) through
38 (107), respectively, new subsections (5) and (78) are added to
39 that section, and present subsection (62) of that section is
40 amended, to read:
41 316.003 Definitions.—The following words and phrases, when
42 used in this chapter, shall have the meanings respectively
43 ascribed to them in this section, except where the context
44 otherwise requires:
45 (5) BICYCLE LANE.—Any portion of a roadway or highway
46 which is designated by pavement markings and signs for
47 preferential or exclusive use by bicycles.
48 (63)(62) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
49 provided in paragraph (86)(b) (84)(b), any privately owned way
50 or place used for vehicular travel by the owner and those having
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51 express or implied permission from the owner, but not by other
52 persons.
53 (78) SEPARATED BICYCLE LANE.—A bicycle lane that is
54 separated from motor vehicle traffic by a physical barrier.
55 Section 2. Section 316.083, Florida Statutes, is amended
56 to read:
57 316.083 Overtaking and passing a vehicle, a bicycle or
58 other nonmotorized vehicle, an electric bicycle, or a
59 pedestrian.—The following rules shall govern the overtaking and
60 passing of vehicles, bicycles and other nonmotorized vehicles,
61 electric bicycles, and pedestrians proceeding in the same
62 direction, subject to those limitations, exceptions, and special
63 rules hereinafter stated:
64 (1) The driver of a vehicle overtaking another vehicle
65 proceeding in the same direction must shall give an appropriate
66 signal as provided for in s. 316.156, must shall pass to the
67 left thereof at a safe distance, and must shall not again drive
68 to the right side of the roadway until safely clear of the
69 overtaken vehicle.
70 (2) The driver of a vehicle overtaking a bicycle or other
71 nonmotorized vehicle, an electric bicycle, or a pedestrian
72 occupying the same travel lane must vacate the lane or, if such
73 movement cannot be safely accomplished, must remain at a safe
74 distance behind the bicycle or other nonmotorized vehicle,
75 electric bicycle, or pedestrian until the driver can safely
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76 vacate the lane and must not reenter the lane until safely clear
77 of the overtaken bicycle or other nonmotorized vehicle, electric
78 bicycle, or pedestrian.
79 (3) The driver of a vehicle overtaking a bicycle or other
80 nonmotorized vehicle, or an electric bicycle, occupying a
81 bicycle lane must pass the bicycle, other nonmotorized vehicle,
82 or electric bicycle at a safe distance of not less than 3 feet
83 between the vehicle and the bicycle, other nonmotorized vehicle,
84 or electric bicycle.
85 (4) Subsections (2) and (3) do not apply when a bicycle or
86 other nonmotorized vehicle, or an electric bicycle, occupies a
87 separated bicycle lane.
88 (5)(2) Except when overtaking and passing on the right is
89 permitted, the driver of an overtaken vehicle must shall give
90 way to the right in favor of the overtaking vehicle, on audible
91 signal or upon the visible blinking of the headlamps of the
92 overtaking vehicle if such overtaking is being attempted at
93 nighttime, and must shall not increase the speed of his or her
94 vehicle until completely passed by the overtaking vehicle.
95 (6)(3) A person who violates violation of this section
96 commits is a noncriminal traffic infraction, punishable as a
97 moving violation as provided in chapter 318.
98 (7) The department must provide an awareness campaign
99 informing the motoring public about the safety precautions to be
100 taken pursuant to this section when overtaking a bicycle or
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101 other nonmotorized vehicle, an electric bicycle, or a pedestrian
102 and must provide information about such precautions in all newly
103 printed driver license educational materials.
104 Section 3. Section 316.0875, Florida Statutes, is amended
105 to read:
106 316.0875 No-passing zones.—
107 (1) The Department of Transportation and local authorities
108 may are authorized to determine those portions of any highway
109 under their respective jurisdictions jurisdiction where
110 overtaking and passing or driving to the left of the roadway
111 would be especially hazardous and may, by appropriate signs or
112 markings on the roadway, indicate the beginning and end of such
113 zones., and When such signs or markings are in place and clearly
114 visible to an ordinarily observant person, a every driver of a
115 vehicle must shall obey the directions thereof.
116 (2) Where signs or markings are in place to define a no-
117 passing zone as set forth in subsection (1), a no driver may
118 not, shall at any time, drive on the left side of the roadway
119 within with such no-passing zone or on the left side of any
120 pavement striping designed to mark such no-passing zone
121 throughout its length.
122 (3) This section does not apply to a driver who safely and
123 briefly drives to the left of the center of the roadway only to
124 the extent necessary to:
125 (a) Avoid when an obstruction;
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126 (b) Turn exists making it necessary to drive to the left
127 of the center of the highway, nor to the driver of a vehicle
128 turning left into or from an alley, a private road, or a
129 driveway; or
130 (c) Overtake and pass a bicycle or other nonmotorized
131 vehicle, an electric bicycle, or a pedestrian pursuant to s.
132 316.083(2) or (3).
133 (4) A person who violates violation of this section
134 commits is a noncriminal traffic infraction, punishable as a
135 moving violation as provided in chapter 318.
136 Section 4. Section 316.151, Florida Statutes, is amended
137 to read:
138 316.151 Required position and method of turning at
139 intersections.—
140 (1)(a) Right turn.—The driver of a vehicle intending to
141 turn right at an intersection onto a highway, public or private
142 roadway, or driveway must shall do so as follows:
143 1.(a) Make Right turn.—both the approach for a right turn
144 and a right turn shall be made as close as practicable to the
145 right-hand curb or edge of the roadway.
146 2. When overtaking and passing a bicycle proceeding in the
147 same direction, give an appropriate signal as provided for in s.
148 316.156 and make the right turn only if the bicycle is at least
149 20 feet from the intersection.
150 (b) Left turn.—
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151 1. The driver of a vehicle intending to turn left at an
152 any intersection onto a highway, public or private roadway, or
153 driveway must shall approach the intersection in the extreme
154 left-hand lane lawfully available to traffic moving in the
155 direction of travel of such vehicle, and must make, after
156 entering the intersection, the left turn shall be made so as to
157 leave the intersection in a lane lawfully available to traffic
158 moving in such direction upon the roadway being entered.
159 2. A person riding a bicycle and intending to turn left in
160 accordance with this section is entitled to the full use of the
161 lane from which the turn may legally be made. The person must:
162 a. Whenever practicable, make the left turn shall be made
163 in that portion of the intersection to the left of the center of
164 the intersection; or.
165 (c) Left turn by bicycle.—In addition to the method of
166 making a left turn described in paragraph (b), a person riding a
167 bicycle and intending to turn left has the option of following
168 the course described hereafter: The rider shall
169 b. Approach the turn as close as practicable to the right
170 curb or edge of the roadway; after proceeding across the
171 intersecting roadway, make the turn shall be made as close as
172 practicable to the curb or edge of the roadway on the far side
173 of the intersection; and, before proceeding, the bicyclist shall
174 comply with any official traffic control device or police
175 officer regulating traffic on the highway along which the person
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176 bicyclist intends to proceed.
177 (2) The state, county, and local authorities in their
178 respective jurisdictions may cause official traffic control
179 devices to be placed within or adjacent to intersections and
180 thereby require and direct that a different course from that
181 specified in this section be traveled by vehicles turning at an
182 intersection. When such devices are so placed, a no driver of a
183 vehicle may not turn a vehicle at an intersection other than as
184 directed and required by such devices.
185 (3) A person who violates violation of this section
186 commits is a noncriminal traffic infraction, punishable as a
187 moving violation as provided in chapter 318.
188 Section 5. Subsections (5), (6), and (19) of section
189 316.2065, Florida Statutes, are amended to read:
190 316.2065 Bicycle regulations.—
191 (5)(a) A Any person operating a bicycle upon a roadway at
192 less than the normal speed of traffic at the time and place and
193 under the conditions then existing must shall ride in the
194 bicycle lane marked for bicycle use or, if there is no bicycle
195 lane on the roadway is marked for bicycle use, as close as
196 practicable to the right-hand curb or edge of the roadway except
197 under any of the following situations:
198 1. When overtaking and passing another bicycle or vehicle
199 proceeding in the same direction.
200 2. When preparing for a left turn at an intersection or
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201 into a private road or driveway.
202 3. When reasonably necessary to avoid any condition or
203 potential conflict, including, but not limited to, a fixed or
204 moving object, parked or moving vehicle, bicycle, pedestrian,
205 animal, surface hazard, turn lane, or substandard-width lane,
206 which makes it unsafe to continue along the right-hand curb or
207 edge or within a bicycle lane. For the purposes of this
208 subsection, a "substandard-width lane" is a lane that is too
209 narrow for a bicycle and another vehicle to travel safely side
210 by side within the lane.
211 (b) A Any person operating a bicycle upon a one-way
212 highway with two or more marked traffic lanes may ride as near
213 the left-hand curb or edge of such roadway as practicable.
214 (6)(a) Persons riding bicycles upon a roadway or in a
215 bicycle lane may not ride more than two abreast except on a
216 bicycle path paths or parts of roadways set aside for the
217 exclusive use of bicycles. Persons riding two abreast may not
218 impede traffic when traveling at less than the normal speed of
219 traffic at the time and place and under the conditions then
220 existing and must shall ride within a single lane.
221 (b) When stopping at a stop sign, persons riding bicycles
222 in groups, after coming to a full stop and obeying all traffic
223 laws, may proceed through the stop sign in a group of 10 or
224 fewer at a time. Motor vehicle operators must allow each such
225 group to travel through the intersection before moving forward.
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226 (19) Except as otherwise provided in this section, a
227 person who violates violation of this section commits is a
228 noncriminal traffic infraction, punishable as a pedestrian
229 violation as provided in chapter 318. A law enforcement officer
230 may issue traffic citations for a violation of subsection (3) or
231 subsection (15) only if the violation occurs on a bicycle path
232 or road, as defined in s. 334.03. However, a law enforcement
233 officer may not issue citations to persons on private property,
234 except any part thereof which is open to the use of the public
235 for purposes of vehicular traffic.
236 Section 6. Subsection (3) of section 322.12, Florida
237 Statutes, is amended to read:
238 322.12 Examination of applicants.—
239 (3) For an applicant for a Class E driver license, such
240 examination shall include all of the following:
241 (a) A test of the applicant's eyesight given by the driver
242 license examiner designated by the department or by a licensed
243 ophthalmologist, optometrist, or physician.
244 (b) and A test of the applicant's hearing given by a
245 driver license examiner or a licensed physician.
246 (c) The examination shall also include A test of the
247 applicant's ability to read and understand highway signs
248 regulating, warning, and directing traffic; his or her knowledge
249 of the traffic laws of this state, including laws regulating
250 driving under the influence of alcohol or controlled substances,
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251 driving with an unlawful blood-alcohol level, and driving while
252 intoxicated; and his or her knowledge of the effects of alcohol
253 and controlled substances upon persons and the dangers of
254 driving a motor vehicle while under the influence of alcohol or
255 controlled substances. Twenty percent of the test questions
256 related to this paragraph must address bicycle and pedestrian
257 safety.
258 (d) and shall include An actual demonstration of ability
259 to exercise ordinary and reasonable control in the operation of
260 a motor vehicle.
261 Section 7. Paragraph (c) of subsection (1) of section
262 212.05, Florida Statutes, is amended to read:
263 212.05 Sales, storage, use tax.—It is hereby declared to
264 be the legislative intent that every person is exercising a
265 taxable privilege who engages in the business of selling
266 tangible personal property at retail in this state, including
267 the business of making mail order sales, or who rents or
268 furnishes any of the things or services taxable under this
269 chapter, or who stores for use or consumption in this state any
270 item or article of tangible personal property as defined herein
271 and who leases or rents such property within the state.
272 (1) For the exercise of such privilege, a tax is levied on
273 each taxable transaction or incident, which tax is due and
274 payable as follows:
275 (c) At the rate of 6 percent of the gross proceeds derived
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276 from the lease or rental of tangible personal property, as
277 defined herein; however, the following special provisions apply
278 to the lease or rental of motor vehicles:
279 1. When a motor vehicle is leased or rented for a period
280 of less than 12 months:
281 a. If the motor vehicle is rented in Florida, the entire
282 amount of such rental is taxable, even if the vehicle is dropped
283 off in another state.
284 b. If the motor vehicle is rented in another state and
285 dropped off in Florida, the rental is exempt from Florida tax.
286 2. Except as provided in subparagraph 3., for the lease or
287 rental of a motor vehicle for a period of not less than 12
288 months, sales tax is due on the lease or rental payments if the
289 vehicle is registered in this state; provided, however, that no
290 tax shall be due if the taxpayer documents use of the motor
291 vehicle outside this state and tax is being paid on the lease or
292 rental payments in another state.
293 3. The tax imposed by this chapter does not apply to the
294 lease or rental of a commercial motor vehicle as defined in s.
295 316.003(14)(a) s. 316.003(13)(a) to one lessee or rentee for a
296 period of not less than 12 months when tax was paid on the
297 purchase price of such vehicle by the lessor. To the extent tax
298 was paid with respect to the purchase of such vehicle in another
299 state, territory of the United States, or the District of
300 Columbia, the Florida tax payable shall be reduced in accordance
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301 with the provisions of s. 212.06(7). This subparagraph shall
302 only be available when the lease or rental of such property is
303 an established business or part of an established business or
304 the same is incidental or germane to such business.
305 Section 8. Paragraph (a) of subsection (3) of section
306 316.306, Florida Statutes, is amended to read:
307 316.306 School and work zones; prohibition on the use of a
308 wireless communications device in a handheld manner.—
309 (3)(a)1. A person may not operate a motor vehicle while
310 using a wireless communications device in a handheld manner in a
311 designated school crossing, school zone, or work zone area as
312 defined in s. 316.003(107) s. 316.003(105). This subparagraph
313 shall only be applicable to work zone areas if construction
314 personnel are present or are operating equipment on the road or
315 immediately adjacent to the work zone area. For the purposes of
316 this paragraph, a motor vehicle that is stationary is not being
317 operated and is not subject to the prohibition in this
318 paragraph.
319 2.a. During the period from October 1, 2019, through
320 December 31, 2019, a law enforcement officer may stop motor
321 vehicles to issue verbal or written warnings to persons who are
322 in violation of subparagraph 1. for the purposes of informing
323 and educating such persons of this section. This sub-
324 subparagraph shall stand repealed on October 1, 2020.
325 b. Effective January 1, 2020, a law enforcement officer
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326 may stop motor vehicles and issue citations to persons who are
327 driving while using a wireless communications device in a
328 handheld manner in violation of subparagraph 1.
329 Section 9. Subsection (1) of section 655.960, Florida
330 Statutes, is amended to read:
331 655.960 Definitions; ss. 655.960-655.965.—As used in this
332 section and ss. 655.961-655.965, unless the context otherwise
333 requires:
334 (1) "Access area" means any paved walkway or sidewalk
335 which is within 50 feet of any automated teller machine. The
336 term does not include any street or highway open to the use of
337 the public, as defined in s. 316.003(86)(a) or (b) s.
338 316.003(84)(a) or (b), including any adjacent sidewalk, as
339 defined in s. 316.003.
340 Section 10. This act shall take effect July 1, 2021.
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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
HB 605 by Rep. Hunschofsky
BICYCLE and PEDESTRIAN SAFETY
AMENDMENT SUMMARY
MARCH 22, 2021
Amendment 1 by Rep. Hunschofsky (Line 72):
• Clarifies that when overtaking a bicycle, other motorized vehicle, electric bicycle,
or pedestrian on the road, a vehicle must pass at a safe distance of not less than
3 feet from the bicycle, other motorized vehicle, electric bicycle, or pedestrian.
• Requires the Department of Highway Safety and Motor Vehicles to annually
conduct a bicycle and pedestrian safety and awareness campaign.
Amendment 2 by Rep. Hunschofsky (Line 207):
• Requires bicyclists to ride single-file in substandard width lanes.
• Authorizes bicycles to ride two abreast in a bicycle lane, provided that there is
enough room.
• Requires bicyclists to ride single-file in a bicycle lane if the bicycle lane is not
wide enough to ride two abreast.
• Authorizes bicyclists to temporarily ride two abreast to avoid hazards or to
overtake another bicyclist.
• Removes the requirement that 20 percent of the questions on the driver licence
test be related to bicycle and pedestrian safety, and replaces it with a
requirement that a minimum of 25 questions in the test bank be related to bicycle
and pedestrian safety.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 605 (2021)
Amendment No. 1
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: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Hunschofsky offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 72-103 and insert:
7 occupying the same travel lane must pass the bicycle or other
8 nonmotorized vehicle, electric bicycle, or pedestrian at a safe
9 distance of not less than 3 feet or, if such movement cannot be
10 safely accomplished, must remain at a safe distance behind the
11 bicycle or other nonmotorized vehicle, electric bicycle, or
12 pedestrian until the driver can safely pass at a distance of not
13 less than 3 feet and must safely clear the overtaken bicycle or
14 other nonmotorized vehicle, electric bicycle, or pedestrian.
15 (3) The driver of a vehicle overtaking a bicycle or other
16 nonmotorized vehicle, or an electric bicycle, occupying a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 605 (2021)
Amendment No. 1
17 bicycle lane must pass the bicycle, other nonmotorized vehicle,
18 or electric bicycle at a safe distance of not less than 3 feet
19 between the vehicle and the bicycle, other nonmotorized vehicle,
20 or electric bicycle.
21 (4) Subsections (2) and (3) do not apply when a bicycle or
22 other nonmotorized vehicle, or an electric bicycle, occupies a
23 separated bicycle lane.
24 (5)(2) Except when overtaking and passing on the right is
25 permitted, the driver of an overtaken vehicle must shall give
26 way to the right in favor of the overtaking vehicle, on audible
27 signal or upon the visible blinking of the headlamps of the
28 overtaking vehicle if such overtaking is being attempted at
29 nighttime, and must shall not increase the speed of his or her
30 vehicle until completely passed by the overtaking vehicle.
31 (6)(3) A person who violates violation of this section
32 commits is a noncriminal traffic infraction, punishable as a
33 moving violation as provided in chapter 318.
34 (7) The department must provide an annual awareness and
35 safety campaign informing the public about the safety
36 precautions to be taken when overtaking a bicycle or other
37 nonmotorized vehicle, an electric bicycle, or a pedestrian.
38
39 -----------------------------------------------------
40 T I T L E A M E N D M E N T
41 Remove lines 10-12 and insert:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 605 (2021)
Amendment No. 1
42 Vehicles to provide an awareness and safety campaign regarding
43 certain safety precautions; amending s.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 605 (2021)
Amendment No. 2
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: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Hunschofsky offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 207-257 and insert:
7 edge or within a bicycle lane. On roads that contain a
8 substandard width lane, persons operating a bicycle must ride
9 single file to maintain the minimum 3 feet of space for motor
10 vehicles to pass persons operating a bicycle, as provided for in
11 s. 316.083. For the purposes of this subsection, a "substandard-
12 width lane" is a lane that is too narrow for a bicycle and
13 another vehicle to travel safely side by side within the lane.
14 (b) A Any person operating a bicycle upon a one-way
15 highway with two or more marked traffic lanes may ride as near
16 the left-hand curb or edge of such roadway as practicable.
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Bill No. HB 605 (2021)
Amendment No. 2
17 (6)(a) Persons riding bicycles upon a roadway or in a
18 bicycle lane may not ride more than two abreast except on a
19 bicycle path paths or parts of roadways set aside for the
20 exclusive use of bicycles. Persons riding two abreast may not
21 impede traffic when traveling at less than the normal speed of
22 traffic at the time and place and under the conditions then
23 existing and must shall ride within a single lane. Where bicycle
24 lanes exist, persons operating a bicycle may ride two abreast if
25 both can stay within the bicycle lane. If the bicycle lane is
26 too narrow to allow two persons operating a bicycle to ride two
27 abreast, the persons operating a bicycle must ride single fine
28 and within the bicycle lane. On roads that contain a substandard
29 width lane as defined in subparagraph(5)(a)3., persons operating
30 a bicycle may temporarily ride two abreast only to avoid hazards
31 in the roadway or to overtake another person operating a
32 bicycle.
33 (b) When stopping at a stop sign, persons riding bicycles
34 in groups, after coming to a full stop and obeying all traffic
35 laws, may proceed through the stop sign in a group of 10 or
36 fewer at a time. Motor vehicle operators must allow each such
37 group to travel through the intersection before moving forward.
38 (19) Except as otherwise provided in this section, a
39 person who violates violation of this section commits is a
40 noncriminal traffic infraction, punishable as a pedestrian
41 violation as provided in chapter 318. A law enforcement officer
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Bill No. HB 605 (2021)
Amendment No. 2
42 may issue traffic citations for a violation of subsection (3) or
43 subsection (15) only if the violation occurs on a bicycle path
44 or road, as defined in s. 334.03. However, a law enforcement
45 officer may not issue citations to persons on private property,
46 except any part thereof which is open to the use of the public
47 for purposes of vehicular traffic.
48 Section 6. Subsection (3) of section 322.12, Florida
49 Statutes, is amended to read:
50 322.12 Examination of applicants.—
51 (3) For an applicant for a Class E driver license, such
52 examination shall include all of the following:
53 (a) A test of the applicant's eyesight given by the driver
54 license examiner designated by the department or by a licensed
55 ophthalmologist, optometrist, or physician.
56 (b) and A test of the applicant's hearing given by a
57 driver license examiner or a licensed physician.
58 (c) The examination shall also include A test of the
59 applicant's ability to read and understand highway signs
60 regulating, warning, and directing traffic; his or her knowledge
61 of the traffic laws of this state, including laws regulating
62 driving under the influence of alcohol or controlled substances,
63 driving with an unlawful blood-alcohol level, and driving while
64 intoxicated; and his or her knowledge of the effects of alcohol
65 and controlled substances upon persons and the dangers of
66 driving a motor vehicle while under the influence of alcohol or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 605 (2021)
Amendment No. 2
67 controlled substances. At least 25 questions within the bank of
68 test questions must address bicycle and pedestrian safety.
69
70 -----------------------------------------------------
71 T I T L E A M E N D M E N T
72 Remove lines 22-27 and insert:
73 316.2065, F.S.; providing requirements for persons riding
74 bicycles on a substandard width lane; prohibiting persons riding
75 bicycles in a bicycle lane from riding more than two abreast;
76 providing requirements for riding in a bicycle lane; providing
77 requirements for persons riding bicycles in groups when stopping
78 at a stop sign; making a technical change; amending s. 322.12,
79 F.S.; requiring a minimum number of questions in the test bank
80 for a Class E
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HB 1151
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1151 Department of Highway Safety and Motor Vehicles
SPONSOR(S): Brannan
TIED BILLS: IDEN./SIM. BILLS: SB 1134
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johnson Keating
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The bill is a comprehensive bill relating to the Department of Highway Safety and Motor Vehicles (DHSMV). In
summary, the bill:
Adopts Federal Motor Carrier Safety Administration (FMCSA) regulations for commercial motor
vehicles (CMV) as such regulations exist on December 31, 2020, and provides an additional day for
CMV drivers to provide written notice that certain violations were corrected.
Clarifies that safety belt usage requirements apply to a motor vehicle that is operated and stationary on
the public highways of this state.
Transfers the authority to conduct compliance reviews on non-public sector buses from the Department
of Transportation (DOT) to DHSMV to conform to the previous transfer of CMV enforcement from DOT
to DHSMV.
Conforms Florida’s odometer disclosure requirements to federal regulations.
Requires motor carriers whose registration has been suspended to return their license plates.
Requires DHSMV to deny registrations under the International Registration Plan for motor carriers
meeting specified requirements.
Permanently disqualifies anyone convicted of human trafficking through the use of a CMV from
obtaining a commercial driver license.
Adds texting while driving and using a hand-held mobile telephone while driving as serious disqualifying
offenses on a commercial driver license.
The bill does not appear to impact state or local government revenues or expenditures. See Fiscal Comments.
The bill has an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1151.TIE
DATE: 3/18/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Adoption of Federal Commercial Motor Vehicle Regulations
Current Situation
Florida law provides that all owners and drivers of commercial motor vehicles1 (CMVs) operating on the
public highways in interstate commerce are subject to the following Federal Motor Carrier Safety
Administration (FMCSA)2 regulations:3
49 Heading
CFR
Part
382 Controlled Substance and Alcohol Use Testing
383 Commercial Driver’s License Standards; Requirements and Testing
385 Safety Fitness Procedures
390 Federal Motor Carrier Safety Regulations; General
391 Qualifications of Drivers and Longer Combination Vehicle Driver Instructors
392 Driving of Commercial Motor Vehicles
393 Parts and Accessories Necessary for Safe Operation
395 Hours of Service for Drivers
396 Inspection, Repair, and Maintenance
397 Transportation of Hazardous Materials; Driving and Parking Rules
However, Florida law provides that CMV drivers or owners engaged in intrastate commerce are only
subject to FMCSA regulations as they existed in December 31, 2018.4
Since 2018, the FMCSA has adopted final rules on controlled substance testing and hours of service
regulations.
Beginning January 1, 2020, the minimum rate for random controlled substance testing for drivers of
CMVs requiring a commercial driver license (CDL) was increased from 25 percent to 50 percent per
year. Since all owners and drivers of CMVs engaged in intrastate commerce are subject to the rules as
they existed on December 31, 2018, the random controlled substances testing rate remains at 25
percent for intrastate drivers.5
Beginning September 29, 2020, FMCSA revised its hours-of-service regulations providing greater
flexibility to CMV drivers subject to those rules, including revisions to the rules on required breaks/rest
periods, additional exceptions during adverse conditions, and modifications to exceptions for short-haul
trips.6
1
Section 316.003(13), F.S., defines the term “commercial motor vehicle” as any self-propelled or towed vehicle used on the public
highways in commerce to transport passengers or cargo, if such vehicle has a gross vehicle weight rating of 10,000 pounds or more; is
designed to transport more than 15 passengers, including the driver; or is used in the transportation of materials found to be hazardous
for the purposes of the Hazardous Materials Transportation Act, as amended.
2
The Federal Motor Carrier Safety Administration's (FMCSA) mission is to prevent commercial motor vehicle-related fatalities and
injuries. Activities of FMCSA contribute to ensuring safety in motor carrier operations through strong enforcement of safety
regulations, targeting high-risk carriers and commercial motor vehicle drivers; improving safety information systems and commercial
motor vehicle technologies; strengthening commercial motor vehicle equipment and operating standards; and increasing safety
awareness. https://www.federalregister.gov/agencies/federal-motor-carrier-safety-administration (last visited January 25, 2021).
3
Ss. 316.302(1)(a) and (b), F.S..
4
S. 316.302(1)(b), F.S.
5
Department of Highway Safety and Motor Vehicles 2021 Agency Legislative Proposals, p.5.
6
Id.
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For the purpose of enforcing Florida law relating to commercial motor vehicles, any law enforcement
officer of DSHMV or duly appointed agent who holds a current safety inspector certification from the
Commercial Vehicle Safety Alliance7 may require the driver of any CMV operated on the state’s
highways to stop and submit to an inspection of the vehicle or the driver's records. If the vehicle or
driver is found to be operating in an unsafe condition, or if any required part or equipment is not present
or is not in proper repair or adjustment, and the continued operation would present an unduly
hazardous operating condition, the officer may require the vehicle or the driver to be removed from
service8 until corrected. However, if continuous operation would not present an unduly hazardous
operating condition, the officer may give written notice requiring correction of the condition within 14
days.9 The 14 day requirement is inconsistent with federal requirements requiring carriers to provide
written notice within 15 days.10
Effect of the Bill
The bill provides that all CMV drivers and owners are subject to federal CMV rules contained in 49
C.F.R. parts 382, 383, 385, 386, 390-397 as they exist on December 31, 2020.
The bill increases the length of time for CMV operators to correct non-hazardous deficiencies from 14
days to 15 days, consistent with federal requirements.
Safety Belt Usage
Current Situation
Under the Florida Safety Belt Law, with some exceptions, it is unlawful for any person:
To operate a motor vehicle or an autocycle11 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; or
To operate a motor vehicle or an autocycle unless the person is restrained by a safety belt.12
For the purpose of this law, the term “motor vehicle” means a motor vehicle as defined in s. 316.003,
F.S.,13 which is operated on the roadways, streets, and highways of this state. The term does not
include a school bus, a bus used for the transportation of persons for compensation. a farm tractor or
implement of husbandry, a truck having a gross vehicle weight rating of more than 26,000 pounds, a
motorcycle, a moped, a bicycle, or an electric bicycle.14
Additionally, it is unlawful for any person 18 years of age or older to be a passenger in the front seat of
a motor vehicle or an autocycle unless such person is restrained by a safety belt when the vehicle or
7
The Commercial Vehicle Safety Alliance (CVSA) is a nonprofit association comprised of local, state, provincial, territorial and
federal commercial motor vehicle safety officials and industry representatives. The Alliance aims to achieve uniformity, compatibility
and reciprocity of commercial motor vehicle inspections and enforcement by certified inspectors dedicated to driver and vehicle
safety. https://www.cvsa.org/about-cvsa/ (Last visited January 25, 2021).
8
This is pursuant to the North American Standard Out-of-Service Criteria.
9
S. 316.302(9), F.S.
10
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1151, p. 2.
11
Section 316.003(2), F.S., defines the term “autocycle” as a three-wheeled motorcycle that has two wheels in the front and one wheel
in the back; is equipped with a roll cage or roll hoops, a seat belt for each occupant, antilock brakes, a steering wheel, and seating that
does not require the operator to straddle or sit astride it; and is manufactured in accordance with the applicable federal motorcycle
safety standards in 49 C.F.R. part 571 by a manufacturer registered with the National Highway Traffic Safety Administration.
12
S. 316.614(3), F.S.
13
Section 316.003(44), F.S., defines the term “motor vehicle” as a self-propelled vehicle not operated upon rails or guideway, but not
including any bicycle, electric bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery
device, swamp buggy, or moped.
14
S. 316.641(3)(a), F.S.
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autocycle is in motion.15 The statutory base fine of a nonmoving violation is $30;16 however, with
various fees and surcharges, the total fine up to is $108.17
Court cases have interpreted the Florida Safety Belt Law to apply only when the vehicle is in motion.18
Effect of the Bill
The bill amends the definition of the term “motor vehicle” for purposes of the Florida Safety Belt Law to
provide that it includes a motor vehicle which is operated and stationary on the public highways of this
state, for example a motor vehicle stopped at a traffic signal.
Nonpublic Sector Buses
Current Situation
In 2011, DOT’s Office of Motor Carrier Compliance was transferred to the Florida Highway Patrol (FHP)
within DHSMV.19 However, at that time, Florida law relating to nonpublic sector buses20 was not
amended to correspond to other statutory changes. Therefore, Florida law still requires DOT to revise
standards for the safe operation of nonpublic sector buses. These standards must be directed toward
ensuring that:
Nonpublic sector buses are safely maintained, equipped, and operated.
Nonpublic sector buses are carrying the insurance required by law and carrying liability
insurance on the checked baggage of passengers.
Florida license tags are purchased for nonpublic sector buses.
The driving records of drivers of nonpublic sector buses are checked by their employers at least
once each year to ascertain whether the driver has a suspended or revoked driver license.21
Effect of the Bill
The bill transfers from DOT to DHSMV the authority to conduct compliance reviews on nonpublic sector
buses. This conforms the statute to the 2011 transfer of CMV enforcement from DOT to DHSMV.
Odometer Disclosure Requirements
Current Situation
Odometer fraud is a federal offense, and the National Highway Traffic Safety Administration (NHTSA)
requires sellers to disclose and declare vehicle odometer readings at the time of sale. According to
NHTSA, due to an increase in the current average vehicle age to almost 12 years from the previous
average of eight years, an increasingly large number of vehicles are subject to a heightened risk of
odometer fraud. In order to combat the increased number of motor vehicles subject to a risk of
odometer fraud, NHTSA recently amended the federal rule regarding the exemption from odometer
disclosure. The exemption, which previously applied to vehicles 10 years old or older, now applies to
vehicles 20 years old or older, beginning with model year 2011 or newer in calendar year 2021.22
Florida law is inconsistent with the current federal rules and, with limited exceptions, only requires
certain odometer disclosures for vehicles 10 years old or newer.
Effect of the Bill
15
S. 316.614(5), F.S.
16
S. 318.18(2), F.S.
17
Florida Association Clerk of Courts, 2020 Distribution Schedule, p. 21.
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/advisories_2021/21bull005_Attach_2_2020_Dist.pdf (last
visited January 22, 2021).
18
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1151, p. 3.
19
Ch. 2011-66, L.O.F.
20
Section 316.003(47), F.S., defines the term “nonpublic sector bus” as any bus which is used for the transportation of persons for
compensation and which is not owned, leased, operated, or controlled by a municipal, county, or state government or a
governmentally owned or managed nonprofit corporation.
21
S. 316.70(1), F.S.
22
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1151, p. 3
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The bill conforms Florida law to NHTSA’s recently adopted odometer disclosure requirements by
providing that a vehicle with a model year of 2011 or later is exempt from odometer disclosure after 20
years and a vehicle with a model year of 2010 or earlier is exempt after 10 years.
Performance and Registration Information Systems Management (PRISM)
Current Situation
Federal Regulations
FMSCA’s Performance and Registration Information Systems Management (PRISM) program is a
component of its mission to reduce the number of CMV crashes, injuries, and fatalities. PRISM
provides a safety mechanism to identify and immobilize motor carriers23 with serious safety
deficiencies24 and hold them accountable using registration and law enforcement sanctions. PRISM
requires motor carriers to correct their safety deficiencies to continue operating or face progressively
stringent sanctions.25
Full participation in PRISM is mandatory for all states as a requirement of the Motor Carrier Safety
Assistance Program. Florida is at the full participation level of PRISM.26
FMCSA defines “enhanced participation” in regard to PRISM as when a state has the authority to deny
vehicle registration to a motor carrier and its vehicles when the motor carrier is attempting to avoid
FMCSA enforcement sanctions by “reincarnating” with a new United States Department of
Transportation (USDOT) number and company name while maintaining the same officers and
directors, business address, telephone number, and email of the out-of-service carrier. Currently,
DHSMV does not have this authority.27
While FMCSA has the ability to sanction motor carriers for safety deficiencies, vehicle registrations are
solely within state jurisdiction. The enhanced participation level of PRISM requires states to suspend,
revoke, or deny vehicle registration of a motor carrier’s vehicles when the motor carrier is prohibited
from operating by FMCSA. Companies that operate commercial vehicles transporting passengers or
hauling cargo in interstate commerce must be registered with FMCSA, have a USDOT number, and
comply with federal safety regulations in order to have their vehicles registered under the International
Registration Plan.28 When a company fails to meet FMCSA safety requirements, it may be placed out-
of-service.29
In Florida, attempts to register as a reincarnated carrier occur on a regular basis. Because DSHMV
does not have the authority to deny registration, there is currently no way to track how many Florida-
based carriers who reincarnate are circumventing FMCSA sanctions.30
An effectiveness evaluation report released in February 2016 by FMCSA’s Strategic Planning and
Program Evaluation Division determined that, between 2008 and 2013, states that fully participated in
PRISM compared to non-fully participating states have
23
The term “motor carrier” means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier's agents,
officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and
employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. 49 C.F.R. s.
390.5.
24
FMCSA defines the term “motor carrier with serious safety deficiencies” as a motor carrier that is prohibited from operating by
FMCSA through the issuance of a federal out-of-service (“OOS”) order.
25
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1151 p. 3 (March 10, 2021).
26 Id.
27
Id.
28
The International Registration Plan (Plan) is a reciprocity agreement among states of the US, the District of Columbia and
provinces of Canada which recognizes the registration of commercial motor vehicles registered by other jurisdictions. It provides for
payment of apportioned licensing fees based on the total distance operated in all member jurisdictions. https://www.irponline.org/ (last
visited March 18, 2021).
29
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1151 p. 4 (March 10, 2021).
30
Id. at 4.
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A 20.4 percent observable reduction in all CMV crashes,
A 9.8 percent observable reduction in fatalities involving all CMV crashes, and
A 6.9 percent reduction in state registered CMVs being placed out-of-service roadside for
operating while under a federal out-of-service order.31
Effect of the Bill
The bill requires motor carriers or vehicle owners to return suspended plates to DHSMV or surrender
them to law enforcement.
The bill authorizes DHSMV to deny registration if an applicant fails to disclose material information
required on the application, or if the applicant attempts to hide the disclosure of the real party in interest
who has been issued a federal out-of-service order, or if the applicant’s business is operated,
managed, or otherwise controlled or affiliated with a person who is ineligible for registration, including
the applicant entity, a relative, family member, corporate officer, or shareholder.
Human Trafficking
Current Situation
Florida’s criminal laws define the term “human trafficking” as transporting, soliciting, recruiting,
harboring, providing, enticing, maintaining, or obtaining another person for the purpose of exploitation
of that person. 32
Federal law defines the term “severe forms of trafficking in persons” as:
Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which
the person induced to perform such act has not attained 18 years of age; or
The recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.33
On January 8, 2019, the federal “No Human Trafficking on Our Roads Act” was signed into law. This
legislation directs the USDOT to disqualify for life any individual who uses a CMV in committing a
felony involving a severe form of trafficking in persons. On September 23, 2019, an FMCSA rule went
into effect that permanently bans drivers convicted of human trafficking from operating a CMV for which
a CDL or a commercial learner’s permit is required.34
Currently, Florida does not have specific statutory authority to take action against a CDL when an
individual commits a felony involving human trafficking.35
Effect of the Bill
The bill defines the term “human trafficking” for purposes of the driver license law as having same
meaning as provided in Florida’s criminal laws.
The bill provides that DHSMV may not issue a driver license to any person, as a CMV operator, who
has been convicted of, or has entered a plea of guilty or nolo contendere, regardless of whether
adjudication was withheld, to any felony involving human trafficking under state or federal law involving
the use of a CMV.
The bill requires each clerk of court to promptly report to DHSMV each conviction, regardless of
whether adjudication was withheld, for human trafficking which involves the use of a CMV.
31
Id. at 4.
32
S. 787.06(2)(d), F.S.
33
22 U.S.C. 7012 (11)
34
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1151, p. 4. (March 5, 2021).
35
Id.
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The bill requires the court to permanently revoke the CDL of a person who has been convicted of, or
has entered a plea of guilty or nolo contendere, regardless of whether adjudication is withheld to any
felony involving human trafficking under state or federal law involving the use of a commercial motor
vehicle. If the court has not permanently revoked such driver license or driving privilege within 30 days
after imposing a sentence, DHSMV must permanently revoke the driver license or driving privilege.
The bill provides that any person who uses a CMV involving human trafficking under state or federal
law must, be permanently disqualified from operating a commercial motor vehicle upon conviction of, or
plea of guilty or nolo contendere to, regardless of whether adjudication is withheld, such felony. This is
in addition to any other applicable penalty.
CDL Eight Year Requirement
Current Situation
Pursuant to s. 322.18, F.S., DHSMV issues an original CDL that expires eight years from the date of
the driver’s next birthday. This allows an original CDL holder to have a license that is valid for more
than eight years from the issue date. However, under federal regulations36 a CDL cannot be valid for
more than eight years from the date of issuance. This issue has been pointed out as a deficiency in an
FMCSA compliance audit.37
Effect of the Bill
The bill provides that a CDL expires at midnight eight years after the licensee’s last birthday. This
change will not impact current CDL holders.38
CMV-Serious Disqualifying Offense
Current Situation
In 2013, the Legislature codified a federal prohibition on drivers of CMVs using handheld devices while
driving. However, at that time, the law was not amended to add this infraction to the list of serious
disqualifying offenses.
Under current law, a person who, for offenses occurring within a three-year period, is convicted of two
serious traffic violations arising in separate incidents committed in a CMV must, in addition to any other
applicable penalties, be disqualified from operating a CMV for a period of 60 days. A holder of a CDL or
commercial learner’s permit who, for offenses occurring within a 3-year period, is convicted of two
serious traffic violations, or any combination thereof, arising in separate incidents committed in a
noncommercial motor vehicle must, in addition to any other applicable penalties, be disqualified from
operating a CMV for a period of 60 days if such convictions result in the suspension, revocation, or
cancellation of the license holder’s driving privilege. Current serious disqualifying offenses include, but
are not limited to, reckless driving, driving a CMV without a CMV license, improper lane change, and
following too close.39
When these violations occur in other states, DHSMV places these violations on the driver record as
“not applicable to Florida Statutes” and does not evaluate them to determine if a disqualification should
be imposed on the driver. This situation was addressed in a recent FMCSA compliance audit.40
Effect of the Bill
The bill provides that texting while driving a commercial motor vehicle or using a hand-held mobile
telephone while driving a commercial motor vehicle as provided by federal regulations are serious
disqualifying offenses for a CDL. This will give DHSMV the statutory authority to comply with the
deficiency in the FMCSA compliance audit.
36
49 C.F.R. s. 383.73
37
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1151, p. 5. (March 5, 2021).
38
Id. at 7.
39
Section 322.61(1), F.S.
40
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1151, p. 4. (March 5, 2021).
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Effective Date
The bill has an effective date of July 1, 2021.
B. SECTION DIRECTORY:
Section 1 Amends s. 316.302, F.S., relating to commercial motor vehicles.
Section 2 Amends s. 316.614, F.S., relating to safety belt usage.
Section 3 Amends s. 316.70, F.S., relating to nonpublic sector buses.
Section 4 Amends s. 319.225, F.S., relating to transfer and reassignment forms and odometer
disclosure statements.
Section 5 Amends s. 320.0715, F.S., relating to the International Registration Plan.
Section 6 Amends s. 322.01, F.S., providing definitions.
Section 7 Amends s. 322.05, F.S., relating to persons not to be licensed.
Section 8 Amends s. 322.18, F.S., relating to original applications, licenses, and renewals.
Section 9 Amends s. 322.25, F.S., relating to when a court must forward license to DHSMV and report
convictions.
Section 10 Amends s. 322.28, F.S., relating to period of suspension or revocation.
Section 11 Amends s. 322.61, F.S., relating to disqualification from operating a commercial motor
vehicle.
Section 12 Amends s. 322.34, F.S., conforming a cross reference.
Section 13 Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
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None.
D. FISCAL COMMENTS:
While the bill does not have a direct impact on state government revenues, state noncompliance with
certain federal regulations such as human trafficking using a CMV and serious disqualifying offenses
for CMV drivers, and failing to achieve compatibility with FMCSA regulations within three years of the
effective date could impact the state’s receipt of federal funds.41 The bill appears to achieve state
compliance with these regulations.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The 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 of municipalities have to
raise revenue 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, nor does it require rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
41
E-mail from Kevin Jacobs, Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, RE: DHSMV Package
questions. (February 24, 2021).
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1151 2021
1 A bill to be entitled
2 An act relating to the Department of Highway Safety
3 and Motor Vehicles; amending s. 316.302, F.S.;
4 revising regulations applicable to owners and drivers
5 of commercial motor vehicles; revising the length of
6 time within which an officer is authorized to give
7 written notice requiring correction of an unduly
8 hazardous operating condition; amending s. 316.614,
9 F.S.; revising the definition of the term "motor
10 vehicle"; amending s. 316.70, F.S.; requiring the
11 Department of Highway Safety and Motor Vehicles,
12 rather than the Department of Transportation, to
13 establish and revise standards to ensure the safe
14 operation of nonpublic sector buses; conforming
15 provisions to changes made by the act; amending s.
16 319.225, F.S.; revising applicability; providing that
17 vehicles that meet certain conditions are exempt from
18 odometer disclosure after specified periods of time;
19 amending s. 320.0715, F.S.; requiring motor carriers
20 and vehicle owners whose registrations have been
21 suspended to return their license plates to the
22 Department of Highway Safety and Motor Vehicles or
23 surrender their license plates to law enforcement;
24 requiring the department to deny registration of a
25 motor vehicle trip permit under certain conditions;
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26 amending s. 322.01, F.S.; defining the term "human
27 trafficking"; amending s. 322.05, F.S.; prohibiting
28 the department from issuing a license to any person as
29 a commercial motor vehicle operator under specified
30 conditions; amending s. 322.18, F.S.; providing that
31 commercial driver licenses expire at midnight 8 years
32 after the licensee's birthday; amending s. 322.25,
33 F.S.; requiring clerks of court to promptly report to
34 the department each conviction for human trafficking,
35 regardless of whether adjudication is withheld;
36 amending s. 322.28, F.S.; requiring the court to
37 permanently revoke the commercial driver license of a
38 person under specified conditions; requiring the
39 department to permanently revoke the driver license or
40 driving privilege of the person if the court has not
41 revoked such driver license or driving privilege
42 within a specified timeframe; amending s. 322.61,
43 F.S.; revising provisions for disqualification from
44 operating a commercial motor vehicle; providing a
45 penalty for any person who uses a commercial motor
46 vehicle in the commission of a felony involving human
47 trafficking; amending s. 322.34, F.S.; conforming a
48 cross-reference; providing an effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
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51
52 Section 1. Paragraph (b) of subsection (1) and subsection
53 (9) of section 316.302, Florida Statutes, are amended to read:
54 316.302 Commercial motor vehicles; safety regulations;
55 transporters and shippers of hazardous materials; enforcement.—
56 (1)
57 (b) Except as otherwise provided in this section, all
58 owners and or drivers of commercial motor vehicles that are
59 engaged in intrastate commerce are subject to the rules and
60 regulations contained in 49 C.F.R. parts 382, 383, 385, 386, and
61 390-397, as such rules and regulations existed on December 31,
62 2020 2018.
63 (9) For the purpose of enforcing this section, any law
64 enforcement officer of the Department of Highway Safety and
65 Motor Vehicles or duly appointed agent who holds a current
66 safety inspector certification from the Commercial Vehicle
67 Safety Alliance may require the driver of any commercial vehicle
68 operated on the highways of this state to stop and submit to an
69 inspection of the vehicle or the driver's records. If the
70 vehicle or driver is found to be operating in an unsafe
71 condition, or if any required part or equipment is not present
72 or is not in proper repair or adjustment, and the continued
73 operation would present an unduly hazardous operating condition,
74 the officer may require the vehicle or the driver to be removed
75 from service pursuant to the North American Standard Out-of-
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76 Service Criteria, until corrected. However, if continuous
77 operation would not present an unduly hazardous operating
78 condition, the officer may give written notice requiring
79 correction of the condition within 15 14 days.
80 (a) Any member of the Florida Highway Patrol or any law
81 enforcement officer employed by a sheriff's office or municipal
82 police department authorized to enforce the traffic laws of this
83 state pursuant to s. 316.640 who has reason to believe that a
84 vehicle or driver is operating in an unsafe condition may, as
85 provided in subsection (11), enforce the provisions of this
86 section.
87 (b) Any person who fails to comply with an officer's
88 request to submit to an inspection under this subsection commits
89 a violation of s. 843.02 if the person resists the officer
90 without violence or a violation of s. 843.01 if the person
91 resists the officer with violence.
92 Section 2. Paragraph (a) of subsection (3) of section
93 316.614, Florida Statutes, is amended to read:
94 316.614 Safety belt usage.—
95 (3) As used in this section:
96 (a) "Motor vehicle" means a motor vehicle as defined in s.
97 316.003 which is operated on the roadways, streets, and highways
98 of this state or when stationary at a traffic control device.
99 The term does not include:
100 1. A school bus.
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101 2. A bus used for the transportation of persons for
102 compensation.
103 3. A farm tractor or implement of husbandry.
104 4. A truck having a gross vehicle weight rating of more
105 than 26,000 pounds.
106 5. A motorcycle, a moped, a bicycle, or an electric
107 bicycle.
108 Section 3. Section 316.70, Florida Statutes, is amended to
109 read:
110 316.70 Nonpublic sector buses; safety rules.—
111 (1) The Department of Highway Safety and Motor Vehicles
112 Transportation shall establish and revise standards to ensure
113 the safe operation of nonpublic sector buses, which standards
114 shall be those contained in 49 C.F.R. parts 382, 385, and 390-
115 397 and which shall be directed toward ensuring that:
116 (a) Nonpublic sector buses are safely maintained,
117 equipped, and operated.
118 (b) Nonpublic sector buses are carrying the insurance
119 required by law and carrying liability insurance on the checked
120 baggage of passengers not to exceed the standard adopted by the
121 United States Department of Transportation.
122 (c) Florida license tags are purchased for nonpublic
123 sector buses pursuant to s. 320.38.
124 (d) The driving records of drivers of nonpublic sector
125 buses are checked by their employers at least once each year to
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126 ascertain whether the driver has a suspended or revoked driver
127 license.
128 (2) Department of Highway Safety and Motor Vehicles
129 Transportation personnel may conduct compliance reviews for the
130 purpose of determining compliance with this section. A civil
131 penalty not to exceed $5,000 in the aggregate may be assessed
132 against any person who violates any provision of this section or
133 who violates any rule or order of the Department of Highway
134 Safety and Motor Vehicles Transportation. A civil penalty not to
135 exceed $25,000 in the aggregate may be assessed for violations
136 found in a followup compliance review conducted within a 24-
137 month period. A civil penalty not to exceed $25,000 in the
138 aggregate may be assessed and the motor carrier may be enjoined
139 pursuant to s. 316.3026 if violations are found after a second
140 followup compliance review within 12 months after the first
141 followup compliance review. Motor carriers found to be operating
142 without insurance coverage required by s. 627.742 or 49 C.F.R.
143 part 387 may be enjoined as provided in s. 316.3026.
144 (3) School buses subject to the provisions of chapter 1006
145 or s. 316.615 are exempt from the provisions of this section.
146 Section 4. Subsection (4) of section 319.225, Florida
147 Statutes, is amended to read:
148 319.225 Transfer and reassignment forms; odometer
149 disclosure statements.—
150 (4) Upon transfer or reassignment of a certificate of
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151 title to a used motor vehicle, the transferor shall complete the
152 odometer disclosure statement provided for by this section and
153 the transferee shall acknowledge the disclosure by signing and
154 printing his or her name in the spaces provided. This subsection
155 does not apply to a vehicle that has a gross vehicle rating of
156 more than 16,000 pounds, a vehicle that is not self-propelled,
157 or a vehicle that is exempt from odometer disclosure. A vehicle
158 with a model year of 2011 or newer is exempt from odometer
159 disclosure after 20 years, and a vehicle with a model year of
160 2010 or older is exempt from odometer disclosure after 10 years
161 old or older. A lessor who transfers title to his or her vehicle
162 without obtaining possession of the vehicle shall make odometer
163 disclosure as provided by 49 C.F.R. s. 580.7. Any person who
164 fails to complete or acknowledge a disclosure statement as
165 required by this subsection is guilty of a misdemeanor of the
166 second degree, punishable as provided in s. 775.082 or s.
167 775.083. The department may not issue a certificate of title
168 unless this subsection has been complied with.
169 Section 5. Subsections (6) and (7) are added to section
170 320.0715, Florida Statutes, to read:
171 320.0715 International Registration Plan; motor carrier
172 services; permits; retention of records.—
173 (6) A motor carrier or vehicle owner whose registration
174 has been suspended shall return his or her license plate to the
175 department or surrender his or her license plates to law
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176 enforcement.
177 (7) The department shall deny registration if:
178 (a) The applicant fails to disclose material information
179 required on the application;
180 (b) The applicant has applied in an attempt to hide the
181 disclosure of the real party in interest who has been issued a
182 federal out-of-service order; or
183 (c) The applicant's business is operated, managed, or
184 otherwise controlled by or affiliated with a person who is
185 ineligible for registration, including the applicant entity, a
186 relative, a family member, a corporate officer, or a
187 shareholder.
188 Section 6. Present subsections (25) through (47) of
189 section 322.01, Florida Statutes, are redesignated as
190 subsections (26) through (48), respectively, and a new
191 subsection (25) is added to that section, to read:
192 322.01 Definitions.—As used in this chapter:
193 (25) "Human trafficking" has the same meaning as provided
194 in s. 787.06(2)(d).
195 Section 7. Subsection (12) is added to section 322.05,
196 Florida Statutes, to read:
197 322.05 Persons not to be licensed.—The department may not
198 issue a license:
199 (12) To any person, as a commercial motor vehicle
200 operator, who has been convicted of, or has entered a plea of
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201 guilty or nolo contendere to, regardless of whether adjudication
202 was withheld, any felony involving human trafficking under state
203 or federal law involving the use of a commercial motor vehicle.
204 Section 8. Paragraph (f) is added to subsection (2) of
205 section 322.18, Florida Statutes, to read:
206 322.18 Original applications, licenses, and renewals;
207 expiration of licenses; delinquent licenses.—
208 (2) Each applicant who is entitled to the issuance of a
209 driver license, as provided in this section, shall be issued a
210 driver license, as follows:
211 (f) Notwithstanding any other provision of this chapter,
212 an applicant applying for an original issuance of a commercial
213 driver license as defined in s. 322.01(7) shall be issued a
214 driver license that expires at midnight 8 years after the
215 licensee's last birthday.
216 Section 9. Subsection (7) is added to section 322.25,
217 Florida Statutes, to read:
218 322.25 When court to forward license to department and
219 report convictions.—
220 (7) Each clerk of court shall promptly report to the
221 department each conviction, regardless of whether adjudication
222 was withheld, for human trafficking which involves the use of a
223 commercial motor vehicle.
224 Section 10. Subsection (8) is added to section 322.28,
225 Florida Statutes, to read:
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226 322.28 Period of suspension or revocation.—
227 (8) The court shall permanently revoke the commercial
228 driver license of a person who is convicted of, or has entered a
229 plea of guilty or nolo contendere to, regardless of whether
230 adjudication is withheld, any felony involving human trafficking
231 under state or federal law which involves the use of a
232 commercial motor vehicle. If the court has not permanently
233 revoked such driver license or driving privilege within 30 days
234 after imposing a sentence, the department must permanently
235 revoke the driver license or driving privilege pursuant to this
236 section.
237 Section 11. Section 322.61, Florida Statutes, is amended
238 to read:
239 322.61 Disqualification from operating a commercial motor
240 vehicle.—
241 (1) A person who, for offenses occurring within a 3-year
242 period, is convicted of two of the following serious traffic
243 violations or any combination thereof, arising in separate
244 incidents committed in a commercial motor vehicle shall, in
245 addition to any other applicable penalties, be disqualified from
246 operating a commercial motor vehicle for a period of 60 days. A
247 holder of a commercial driver license or commercial learner's
248 permit who, for offenses occurring within a 3-year period, is
249 convicted of two of the following serious traffic violations, or
250 any combination thereof, arising in separate incidents committed
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251 in a noncommercial motor vehicle shall, in addition to any other
252 applicable penalties, be disqualified from operating a
253 commercial motor vehicle for a period of 60 days if such
254 convictions result in the suspension, revocation, or
255 cancellation of the licenseholder's driving privilege:
256 (a) A violation of any state or local law relating to
257 motor vehicle traffic control, other than a parking violation,
258 arising in connection with a crash resulting in death;
259 (b) Reckless driving, as defined in s. 316.192;
260 (c) Unlawful speed of 15 miles per hour or more above the
261 posted speed limit;
262 (d) Improper lane change, as defined in s. 316.085;
263 (e) Following too closely, as defined in s. 316.0895;
264 (f) Driving a commercial vehicle without obtaining a
265 commercial driver license;
266 (g) Driving a commercial vehicle without the proper class
267 of commercial driver license or commercial learner's permit or
268 without the proper endorsement; or
269 (h) Driving a commercial vehicle without a commercial
270 driver license or commercial learner's permit in possession, as
271 required by s. 322.03;.
272 (i) Texting while driving; or
273 (j) Using a handheld mobile telephone while driving.
274 (2)(a) Any person who, for offenses occurring within a 3-
275 year period, is convicted of three serious traffic violations
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276 specified in subsection (1) or any combination thereof, arising
277 in separate incidents committed in a commercial motor vehicle
278 shall, in addition to any other applicable penalties, including
279 but not limited to the penalty provided in subsection (1), be
280 disqualified from operating a commercial motor vehicle for a
281 period of 120 days.
282 (b) A holder of a commercial driver license or commercial
283 learner's permit who, for offenses occurring within a 3-year
284 period, is convicted of three serious traffic violations
285 specified in subsection (1) or any combination thereof arising
286 in separate incidents committed in a noncommercial motor vehicle
287 shall, in addition to any other applicable penalties, including,
288 but not limited to, the penalty provided in subsection (1), be
289 disqualified from operating a commercial motor vehicle for a
290 period of 120 days if such convictions result in the suspension,
291 revocation, or cancellation of the licenseholder's driving
292 privilege.
293 (3)(a) Except as provided in subsection (4), any person
294 who is convicted of one of the offenses listed in paragraph (b)
295 while operating a commercial motor vehicle shall, in addition to
296 any other applicable penalties, be disqualified from operating a
297 commercial motor vehicle for a period of 1 year.
298 (b) Except as provided in subsection (4), any holder of a
299 commercial driver license or commercial learner's permit who is
300 convicted of one of the offenses listed in this paragraph while
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301 operating a noncommercial motor vehicle shall, in addition to
302 any other applicable penalties, be disqualified from operating a
303 commercial motor vehicle for a period of 1 year:
304 1. Driving a motor vehicle while he or she is under the
305 influence of alcohol or a controlled substance;
306 2. Driving a commercial motor vehicle while the alcohol
307 concentration of his or her blood, breath, or urine is .04
308 percent or higher;
309 3. Leaving the scene of a crash involving a motor vehicle
310 driven by such person;
311 4. Using a motor vehicle in the commission of a felony;
312 5. Refusing to submit to a test to determine his or her
313 alcohol concentration while driving a motor vehicle;
314 6. Driving a commercial motor vehicle when, as a result of
315 prior violations committed operating a commercial motor vehicle,
316 his or her commercial driver license or commercial learner's
317 permit is revoked, suspended, or canceled, or he or she is
318 disqualified from operating a commercial motor vehicle; or
319 7. Causing a fatality through the negligent operation of a
320 commercial motor vehicle.
321 (4) Any person who is transporting hazardous materials as
322 defined in s. 322.01(24) shall, upon conviction of an offense
323 specified in subsection (3), be disqualified from operating a
324 commercial motor vehicle for a period of 3 years. The penalty
325 provided in this subsection shall be in addition to any other
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326 applicable penalty.
327 (5) A person who is convicted of two violations specified
328 in subsection (3) which were committed while operating a
329 commercial motor vehicle, or any combination thereof, arising in
330 separate incidents shall be permanently disqualified from
331 operating a commercial motor vehicle. A holder of a commercial
332 driver license or commercial learner's permit who is convicted
333 of two violations specified in subsection (3) which were
334 committed while operating any motor vehicle arising in separate
335 incidents shall be permanently disqualified from operating a
336 commercial motor vehicle. The penalty provided in this
337 subsection is in addition to any other applicable penalty.
338 (6) Notwithstanding subsections (3), (4), and (5), any
339 person who uses a commercial motor vehicle in the commission of
340 any felony involving the manufacture, distribution, or
341 dispensing of a controlled substance, including possession with
342 intent to manufacture, distribute, or dispense a controlled
343 substance, shall, upon conviction of such felony, be permanently
344 disqualified from operating a commercial motor vehicle.
345 Notwithstanding subsections (3), (4), and (5), any holder of a
346 commercial driver license or commercial learner's permit who
347 uses a noncommercial motor vehicle in the commission of any
348 felony involving the manufacture, distribution, or dispensing of
349 a controlled substance, including possession with intent to
350 manufacture, distribute, or dispense a controlled substance,
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351 shall, upon conviction of such felony, be permanently
352 disqualified from operating a commercial motor vehicle. The
353 penalty provided in this subsection is in addition to any other
354 applicable penalty.
355 (7) Any person who uses a commercial motor vehicle in the
356 commission of any felony involving human trafficking under state
357 or federal law shall, upon conviction of, or plea of guilty or
358 nolo contendere to, regardless of whether adjudication is
359 withheld, such felony, be permanently disqualified from
360 operating a commercial motor vehicle. The penalty provided in
361 this subsection is in addition to any other applicable penalty.
362 (8)(7) A person whose privilege to operate a commercial
363 motor vehicle is disqualified under this section may, if
364 otherwise qualified, be issued a Class E driver license,
365 pursuant to s. 322.251.
366 (9)(8) A driver who is convicted of or otherwise found to
367 have committed a violation of an out-of-service order while
368 driving a commercial motor vehicle is disqualified as follows:
369 (a) At least 180 days but not more than 1 year if the
370 driver is convicted of or otherwise found to have committed a
371 first violation of an out-of-service order.
372 (b) At least 2 years but not more than 5 years if, for
373 offenses occurring during any 10-year period, the driver is
374 convicted of or otherwise found to have committed two violations
375 of out-of-service orders in separate incidents.
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376 (c) At least 3 years but not more than 5 years if, for
377 offenses occurring during any 10-year period, the driver is
378 convicted of or otherwise found to have committed three or more
379 violations of out-of-service orders in separate incidents.
380 (d) At least 180 days but not more than 2 years if the
381 driver is convicted of or otherwise found to have committed a
382 first violation of an out-of-service order while transporting
383 hazardous materials required to be placarded under the Hazardous
384 Materials Transportation Act, 49 U.S.C. ss. 5101 et seq., or
385 while operating motor vehicles designed to transport more than
386 15 passengers, including the driver. A driver is disqualified
387 for a period of at least 3 years but not more than 5 years if,
388 for offenses occurring during any 10-year period, the driver is
389 convicted of or otherwise found to have committed any subsequent
390 violations of out-of-service orders, in separate incidents,
391 while transporting hazardous materials required to be placarded
392 under the Hazardous Materials Transportation Act, 49 U.S.C. ss.
393 5101 et seq., or while operating motor vehicles designed to
394 transport more than 15 passengers, including the driver.
395 (10)(9) A driver who is convicted of or otherwise found to
396 have committed an offense of operating a commercial motor
397 vehicle in violation of federal, state, or local law or
398 regulation pertaining to one of the following six offenses at a
399 railroad-highway grade crossing must be disqualified for the
400 period of time specified in subsection (11) (10):
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401 (a) For drivers who are not always required to stop,
402 failing to slow down and check that the tracks are clear of
403 approaching trains.
404 (b) For drivers who are not always required to stop,
405 failing to stop before reaching the crossing if the tracks are
406 not clear.
407 (c) For drivers who are always required to stop, failing
408 to stop before driving onto the crossing.
409 (d) For all drivers, failing to have sufficient space to
410 drive completely through the crossing without stopping.
411 (e) For all drivers, failing to obey a traffic control
412 device or all directions of an enforcement official at the
413 crossing.
414 (f) For all drivers, failing to negotiate a crossing
415 because of insufficient undercarriage clearance.
416 (11)(a)(10)(a) A driver must be disqualified for at least
417 60 days if the driver is convicted of or otherwise found to have
418 committed a first violation of a railroad-highway grade crossing
419 violation.
420 (b) A driver must be disqualified for at least 120 days
421 if, for offenses occurring during any 3-year period, the driver
422 is convicted of or otherwise found to have committed a second
423 railroad-highway grade crossing violation in separate incidents.
424 (c) A driver must be disqualified for at least 1 year if,
425 for offenses occurring during any 3-year period, the driver is
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426 convicted of or otherwise found to have committed a third or
427 subsequent railroad-highway grade crossing violation in separate
428 incidents.
429 Section 12. Subsection (2) of section 322.34, Florida
430 Statutes, is amended to read:
431 322.34 Driving while license suspended, revoked, canceled,
432 or disqualified.—
433 (2) Any person whose driver license or driving privilege
434 has been canceled, suspended, or revoked as provided by law, or
435 who does not have a driver license or driving privilege but is
436 under suspension or revocation equivalent status as defined in
437 s. 322.01(42) s. 322.01(41), except persons defined in s.
438 322.264, who, knowing of such cancellation, suspension,
439 revocation, or suspension or revocation equivalent status,
440 drives any motor vehicle upon the highways of this state while
441 such license or privilege is canceled, suspended, or revoked, or
442 while under suspension or revocation equivalent status, commits:
443 (a) A misdemeanor of the second degree, punishable as
444 provided in s. 775.082 or s. 775.083.
445 (b)1. A misdemeanor of the first degree, punishable as
446 provided in s. 775.082 or s. 775.083, upon a second or
447 subsequent conviction, except as provided in paragraph (c).
448 2. A person convicted of a third or subsequent conviction,
449 except as provided in paragraph (c), must serve a minimum of 10
450 days in jail.
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451 (c) A felony of the third degree, punishable as provided
452 in s. 775.082, s. 775.083, or s. 775.084, upon a third or
453 subsequent conviction if the current violation of this section
454 or the most recent prior violation of the section is related to
455 driving while license canceled, suspended, revoked, or
456 suspension or revocation equivalent status resulting from a
457 violation of:
458 1. Driving under the influence;
459 2. Refusal to submit to a urine, breath-alcohol, or blood
460 alcohol test;
461 3. A traffic offense causing death or serious bodily
462 injury; or
463 4. Fleeing or eluding.
464
465 The element of knowledge is satisfied if the person has been
466 previously cited as provided in subsection (1); or the person
467 admits to knowledge of the cancellation, suspension, or
468 revocation, or suspension or revocation equivalent status; or
469 the person received notice as provided in subsection (4). There
470 shall be a rebuttable presumption that the knowledge requirement
471 is satisfied if a judgment or order as provided in subsection
472 (4) appears in the department's records for any case except for
473 one involving a suspension by the department for failure to pay
474 a traffic fine or for a financial responsibility violation.
475 Section 13. This act shall take effect July 1, 2021.
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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
HB 1151 by Rep. Brannan
DEPARTMENT of HIGHWAY SAFETY and MOTOR VEHICLES
AMENDMENT SUMMARY
MARCH 22, 2021
Amendment 1 by Rep. Brannan (line 108):
• Revises provisions regarding non-public sector buses including:
o Replaces language regarding penalties for violations by non-public sector
buses with references to existing law related to commercial motor vehicle
penalties. The penalties do not change.
o Contains language regarding commercial motor vehicle violations and
provides 15 days for operators to provide notice that certain violations
were corrected.
Amendment 2 by Rep. Brannan (Line 428):
• Provides the Department of Highway Safety and Motor Vehicles with
investigative and subpoena power and the ability to administer oaths or
affirmations, examine witnesses, require affidavits, take depositions, and compel
the attendance of witnesses and the production of documents, records, and other
evidence for use in conducting investigations or examinations into:
o Authorized private rebuilt inspection providers;
o Persons suspected of violating or of having violated ch. 319, F.S., relating
to motor vehicle title certificates;
o Persons suspected of violating or of having violated ch. 320, F.S., relating
to motor vehicles manufacturers and distributors; and
o Persons suspected of violating or of having violated ch. 322, F.S., relating
to driver licenses.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1151 (2021)
Amendment No. 1
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: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Brannan offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 108-145 and insert:
7 Section 3. Section 316.70, Florida Statutes, is amended to
8 read:
9 316.70 Nonpublic sector buses; safety rules.—
10 (1) All owners and drivers of nonpublic sector buses
11 operated on the public highways of this state are subject to the
12 rules and regulations The Department of Transportation shall
13 establish and revise standards to ensure the safe operation of
14 nonpublic sector buses, which standards shall be those contained
15 in 49 C.F.R. parts 382, 385, and 390-397 to ensure and which
16 shall be directed toward ensuring that:
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Bill No. HB 1151 (2021)
Amendment No. 1
17 (a) Nonpublic sector buses are safely maintained,
18 equipped, and operated.
19 (b) Nonpublic sector buses are carrying the insurance
20 required by law and carrying liability insurance on the checked
21 baggage of passengers not to exceed the standard adopted by the
22 United States Department of Transportation.
23 (c) Florida license tags are purchased for nonpublic
24 sector buses pursuant to s. 320.38.
25 (d) The driving records of drivers of nonpublic sector
26 buses are checked by their employers at least once each year to
27 ascertain whether the driver has a suspended or revoked driver
28 license.
29 (2) Department of Highway Safety and Motor Vehicles
30 Transportation personnel may conduct compliance reviews for the
31 purpose of determining compliance with this section. A civil
32 penalty not to exceed $5,000 in the aggregate may be assessed
33 against any person who violates any provision of this section or
34 who violates any rule or order of the department found during a
35 compliance review as provided in s. 316.3025. A of
36 Transportation. A civil penalty not to exceed $25,000 in the
37 aggregate may be assessed for violations found in a followup
38 compliance review conducted within a 24-month period. A civil
39 penalty not to exceed $25,000 in the aggregate may be assessed
40 and the motor carrier may be enjoined from operation pursuant to
41 s. 316.3026 for if violations found during a are found after a
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Amendment No. 1
42 second followup compliance review within 12 months after the
43 first followup compliance review. Motor carriers found to be
44 operating without insurance coverage required by s. 627.742 or
45 49 C.F.R. part 387 may be enjoined as provided in s. 316.3026.
46 (3) For the purpose of enforcing this section, any law
47 enforcement officer of the Department of Highway Safety and
48 Motor Vehicles or a duly appointed agent of the department who
49 holds a current safety inspector certification from the
50 Commercial Vehicle Safety Alliance may require the driver of any
51 nonpublic sector bus operated on the highways of this state to
52 stop and submit to an inspection of the vehicle or the driver's
53 records. If the vehicle is being operated or the driver is
54 operating the vehicle in an unsafe condition, or if any required
55 part or equipment is not present or is not in proper repair or
56 adjustment, and the continued operation would be unduly
57 hazardous, the officer or agent may require the vehicle or the
58 driver to be removed from service pursuant to the North American
59 Standard Out-of-Service Criteria until all safety concerns are
60 corrected. However, if continuous operation would not be unduly
61 hazardous, the officer or agent may give written notice
62 requiring correction of the condition within 15 days after the
63 inspection.
64 (4) School buses subject to the provisions of chapter 1006
65 or s. 316.615 are exempt from the provisions of this section.
66
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Bill No. HB 1151 (2021)
Amendment No. 1
67
68 -----------------------------------------------------
69 T I T L E A M E N D M E N T
70 Remove lines 10-14 and insert:
71 vehicle; amending s. 316.70, F.S.; providing that owners and
72 drivers of nonpublic sector buses operated on public highways of
73 this state are subject to specified provisions of law;
74 authorizing the Department of Highway Safety and Motor Vehicles
75 to conduct compliance reviews for a specified purpose; revising
76 civil penalties; authorizing certain law enforcement officers
77 and appointed agents to require drivers of nonpublic sector
78 buses to submit to an inspection of the bus and the driver's
79 records; authorizing such officers and agents to require the bus
80 and driver to be removed from service under specified
81 conditions; authorizing such officers and agents to give written
82 notice; conforming
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1151 (2021)
Amendment No. 2
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: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Brannan offered the following:
4
5 Amendment (with title amendment)
6 Between lines 428 and 429, insert:
7 Section 12. Section 319.1414, Florida Statutes, is created
8 to read:
9 319.1414 Investigations; examinations; subpoenas;
10 hearings; witnesses.—
11 (1) The department may conduct investigations and
12 examinations of department-authorized private rebuilt inspection
13 providers as it deems necessary to determine whether a person is
14 violating or has violated this chapter or a contract entered
15 into pursuant to this chapter or to assist with the enforcement
16 of this chapter.
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Amendment No. 2
17 (2) For purposes of any investigation or examination
18 conducted pursuant to this section, the department may exercise
19 the power of subpoena and the powers to administer oaths or
20 affirmations, to examine witnesses, to require affidavits, to
21 take depositions, and to compel the attendance of witnesses and
22 the production of books, papers, documents, records, and other
23 evidence. A designated agent of the department may serve a
24 subpoena relating to an investigation or examination.
25 (3) If a person refuses to testify; produce books, papers,
26 documents, or records; or otherwise obey a subpoena or subpoena
27 duces tecum issued under subsection (2), the department may
28 petition a court of competent jurisdiction in the county where
29 the person's residence or principal place of business is
30 located, upon which the court must issue an order requiring such
31 person to obey the subpoena or show cause for failing to obey
32 the subpoena. Unless the person shows sufficient cause for
33 failing to obey the subpoena, the court shall direct the person
34 to obey the subpoena. Failure to comply with such order is
35 contempt of court.
36 (4) For the purpose of any investigation, examination, or
37 proceeding initiated by the department under this chapter, the
38 department is authorized to designate agents to serve subpoenas
39 and other process and to administer oaths or affirmations.
40 (5) Witnesses subpoenaed under this section are entitled
41 to witness fees at the same rate established by s. 92.142 for
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Amendment No. 2
42 witnesses in a civil case, except that witness fees are not
43 payable for appearance at the witness's place of business during
44 regular business hours or at the witness's residence.
45 (6) The department may adopt rules to administer this
46 section.
47 Section 13. Section 319.25, Florida Statutes, is amended
48 to read:
49 319.25 Cancellation of certificates; investigations;
50 subpoenas and other process; oaths; rules.—
51 (1) If it appears that a certificate of title has been
52 improperly issued, the department shall cancel the certificate.
53 Upon cancellation of any certificate of title, the department
54 shall notify the person to whom the certificate of title was
55 issued, as well as any lienholders appearing thereon, of the
56 cancellation and shall demand the surrender of the certificate
57 of title, but the cancellation shall not affect the validity of
58 any lien noted thereon. The holder of the certificate of title
59 shall return it to the department forthwith. If a certificate of
60 registration has been issued to the holder of a certificate of
61 title so canceled, the department shall immediately cancel the
62 certificate of registration and demand the return of such
63 certificate of registration and license plate or mobile home
64 sticker; and the holder of such certificate of registration and
65 license plate or sticker shall return them to the department
66 forthwith.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1151 (2021)
Amendment No. 2
67 (2) The department is authorized, upon application of any
68 person and payment of the proper fees, to prepare and furnish
69 lists containing title information in such form as the
70 department may authorize, to search the records of the
71 department and make reports thereof, and to make photographic
72 copies of the department records and attestations thereof,
73 except as provided in chapter 119.
74 (3) The department may conduct investigations and
75 examinations of any person suspected of violating or of having
76 violated this chapter or any rule adopted or order issued under
77 this chapter.
78 (4) For purposes of any investigation or examination
79 conducted pursuant to this section, the department may exercise
80 the power of subpoena and the powers to administer oaths or
81 affirmations, to examine witnesses, to require affidavits, to
82 take depositions, and to compel the attendance of witnesses and
83 the production of books, papers, documents, records, and other
84 evidence. An authorized representative of the department may
85 serve a subpoena relating to an investigation or examination.
86 (5) If a person refuses to testify; produce books, papers,
87 documents, or records; or otherwise obey the subpoena or
88 subpoena duces tecum issued under subsection (4), the department
89 may petition a court of competent jurisdiction in the county
90 where the person's residence or principal place of business is
91 located, upon which the court must issue an order requiring such
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1151 (2021)
Amendment No. 2
92 person to obey the subpoena or show cause for failing to obey
93 the subpoena. Unless the person shows sufficient cause for
94 failing to obey the subpoena, the court must direct the person
95 to obey the subpoena. Failure to comply with such order is
96 contempt of court.
97 (6) For the purpose of any investigation, examination, or
98 proceeding initiated by the department under this chapter, the
99 department is authorized to designate agents to serve subpoenas
100 and other process and to administer oaths or affirmations.
101 (7) Witnesses subpoenaed under this section are entitled
102 to witness fees at the same rate established by s. 92.142 for
103 witnesses in a civil case, except that witness fees are not
104 payable for appearance at the witness's place of business during
105 regular business hours or at the witness's residence.
106 (8) The department may adopt rules to administer this
107 section.
108 Section 14. Section 320.861, Florida Statutes, is amended
109 to read:
110 320.861 Investigations; subpoenas and other process;
111 oaths; rules Inspection of records; production of evidence;
112 subpoena power.—
113 (1) The department may conduct investigations and
114 examinations of any person suspected of violating or of having
115 violated this chapter or any rule adopted or order issued
116 thereunder inspect the pertinent books, records, letters, and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1151 (2021)
Amendment No. 2
117 contracts of any licensee, whether dealer or manufacturer,
118 relating to any written complaint made to it against such
119 licensee.
120 (2) For purposes of any investigation or examination
121 conducted pursuant to this section, the department may is
122 granted and authorized to exercise the power of subpoena and the
123 powers to administer oaths or affirmations, to examine
124 witnesses, to require affidavits, to take depositions, and to
125 compel the attendance of witnesses and the production of books,
126 papers, documents, records, and other evidence. A designated
127 agent of the department may serve a subpoena relating to an
128 investigation or examination for the attendance of witnesses and
129 the production of any documentary evidence necessary to the
130 disposition by it of any written complaint against any licensee,
131 whether dealer or manufacturer.
132 (3) If a person refuses to testify; to produce books,
133 papers, documents, or records; or to otherwise obey the subpoena
134 or subpoena duces tecum issued under subsection (2), the
135 department may petition a court of competent jurisdiction in the
136 county where the person's residence or principal place of
137 business is located, upon which the court must issue an order
138 requiring such person to obey the subpoena or show cause for
139 failing to obey the subpoena. Unless the person shows sufficient
140 cause for failing to obey the subpoena, the court must direct
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1151 (2021)
Amendment No. 2
141 the person to obey the subpoena. Failure to comply with such
142 order constitutes contempt of court.
143 (4) For the purpose of any investigation, examination, or
144 proceeding initiated by the department under this chapter, the
145 department may designate agents to serve subpoenas and other
146 process and to administer oaths or affirmations. The department
147 shall exercise this power on its own initiative in accordance
148 with ss. 320.615 and 320.71.
149 (5) Witnesses subpoenaed under this section are entitled
150 to witness fees at the same rate established by s. 92.142 for
151 witnesses in a civil case, except that witness fees are not
152 payable for appearance at the witness's place of business during
153 regular business hours or at the witness's residence.
154 (6) The department may adopt rules to administer this
155 section.
156 Section 15. Section 322.71, Florida Statutes, is created
157 to read:
158 322.71 Investigations; subpoenas and other process; oaths;
159 rules.—
160 (1) The department may conduct investigations and
161 examinations of any person suspected of violating or of having
162 violated any provision of this chapter or any rule adopted or
163 order issued under this chapter.
164 (2) For purposes of any investigation or examination
165 conducted pursuant to this section, the department may exercise
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1151 (2021)
Amendment No. 2
166 the power of subpoena and the powers to administer oaths or
167 affirmations, to examine witnesses, to require affidavits, to
168 take depositions, and to compel the attendance of witnesses and
169 the production of books, papers, documents, records, and other
170 evidence. Such subpoenas may be served by an authorized
171 representative of the department.
172 (3) If a person refuses to testify; to produce books,
173 papers, documents, or records; or to otherwise obey the subpoena
174 or subpoena duces tecum issued under subsection (2), the
175 department may petition a court of competent jurisdiction in the
176 county where the person's residence or principal place of
177 business is located, upon which the court must issue an order
178 requiring such person to obey the subpoena or show cause for
179 failing to obey the subpoena. Unless the person shows sufficient
180 cause for failing to obey the subpoena, the court must direct
181 the person to obey the subpoena. Failure to comply with such
182 order constitutes contempt of court.
183 (4) For the purpose of any investigation, examination, or
184 proceeding initiated by the department under this chapter, the
185 department may designate agents to serve subpoenas and other
186 process and to administer oaths or affirmations.
187 (5) Witnesses subpoenaed under this section are entitled
188 to witness fees at the same rate established by s. 92.142 for
189 witnesses in a civil case, except that witness fees are not
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1151 (2021)
Amendment No. 2
190 payable for appearance at the witness's place of business during
191 regular business hours or at the witness's residence.
192 (6) The department may adopt rules to administer this
193 section.
194
195 -----------------------------------------------------
196 T I T L E A M E N D M E N T
197 Remove line 47 and insert:
198 trafficking; creating s. 319.1414, F.S.; authorizing the
199 department to conduct investigations and examinations of
200 department-authorized private rebuilt inspection providers;
201 authorizing the department to exercise certain powers when
202 conducting such investigations and examinations; authorizing the
203 department to petition a court if a person refuses to testify,
204 produce materials, or obey a subpoena or subpoena duces tecum;
205 requiring the court to issue an order; requiring such person to
206 obey the subpoena or show cause for failing to obey the
207 subpoena; providing a penalty for a person who fails to comply
208 with the court's order; authorizing the department to designate
209 agents for specified purposes; providing that subpoenaed
210 witnesses are entitled to witness fees; providing exceptions;
211 authorizing the department to adopt rules; amending s. 319.25,
212 F.S.; authorizing the department to conduct investigations and
213 examinations relating to violations of provisions relating to
214 title certificates; authorizing the department to exercise
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1151 (2021)
Amendment No. 2
215 certain powers when conducting such investigations and
216 examinations; authorizing the department to petition a court if
217 a person refuses to testify, produce materials, or obey a
218 subpoena or subpoena duces tecum; requiring the court to issue
219 an order; requiring such person to obey the subpoena or show
220 cause for failing to obey the subpoena; providing a penalty for
221 a person who fails to comply with the court's order; authorizing
222 the department to designate agents for specified purposes;
223 providing that subpoenaed witnesses are entitled to witness
224 fees; providing exceptions; authorizing the department to adopt
225 rules; amending s. 320.861, F.S.; authorizing the department to
226 conduct investigations and examinations relating to violations
227 of certain laws, rules, or orders relating to motor vehicle
228 licenses; revising the powers of the department relating to
229 conducting such investigations and examinations; authorizing the
230 department to petition a court if a person refuses to testify,
231 produce materials, or obey a subpoena or subpoena duces tecum;
232 requiring the court to issue an order; requiring such person to
233 obey the subpoena or show cause for failing to obey the
234 subpoena; providing a penalty for a person who fails to comply
235 with the court's order; authorizing the department to designate
236 agents for specified purposes; providing that subpoenaed
237 witnesses are entitled to witness fees; providing exceptions;
238 authorizing the department to adopt rules; creating s. 322.71,
239 F.S.; authorizing the department to conduct investigations and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1151 (2021)
Amendment No. 2
240 examinations relating to violations of certain laws, rules, or
241 orders relating to driver licenses; authorizing the department
242 to exercise certain powers when conducting such investigations
243 and examinations; authorizing the department to petition a court
244 if a person refuses to testify, produce materials, or obey a
245 subpoena or subpoena duces tecum; requiring the court to issue
246 an order; requiring such person to obey the subpoena or show
247 cause for failing to obey the subpoena; providing a penalty for
248 a person who fails to comply with the court's order; authorizing
249 the department to designate agents for specified purposes;
250 providing that subpoenaed witnesses are entitled to witness
251 fees; providing exceptions; authorizing the department to adopt
252 rules; amending s. 322.34; conforming a
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HB 1201
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1201 Space Florida Board of Directors
SPONSOR(S): Altman
TIED BILLS: IDEN./SIM. BILLS: SB 1512
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Willson Keating
2) Public Integrity & Elections Committee
3) Commerce Committee
SUMMARY ANALYSIS
Established by the Legislature in 2006, Space Florida was created to promote aerospace business
development by facilitating business and infrastructure financing, spaceport operations, research and
development, workforce development, and innovative education programs. Space Florida is an independent
special district which covers the entire state.
Space Florida is governed by a 13 member independent board of directors. The board must be comprised of
the 12 private sector members of the Enterprise Florida Board, plus the Governor or Governor’s designee. The
Governor or Governor’s designee is a voting member and serves as the chair of the board.
The bill adds two ex officio, nonvoting members to the board of directors of Space Florida, as follows:
One member of the Senate, appointed by the President of the Senate, and
One member of the House of Representatives, appointed by the Speaker of the House of
Representatives.
The bill does not impact state or local government revenues or expenditures.
The bill takes effect July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1201.TIE
DATE: 3/18/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Space Florida
Space Florida was established by the Legislature in 2006 to consolidate Florida’s three existing space
entities, namely the Florida Space Authority, the Florida Space Research Institute, and the Florida
Aerospace Finance Corporation, into a single organization.1 Space Florida was created to promote
aerospace business development by facilitating business and infrastructure financing, spaceport
operations, research and development, workforce development and innovative education programs.2
Space Florida acts as the single point of contact for state aerospace-related activities with federal
agencies, the military, state agencies, businesses, and the private sector.3 Space Florida may
purchase or construct facilities; set rates, fees, and charges for the use of facilities; and undertake joint
financing with municipalities or private sector entities for any project.4
Space Florida is an independent special district and a subdivision of the state. The boundary and
services area for the Space Florida special district covers the entire state. Space Florida is subject to
the provisions of the Uniform Special District Accountability Act, to the extent that the provisions of that
act do not conflict with the Space Florida Act.5
Board of Directors
Space Florida is governed by a 13 member independent board of directors. The board is comprised of
the 12 private sector members of the Enterprise Florida, Inc. (EFI) board of directors,6 plus the
Governor or his or her designee. The Governor, or the Governor’s designee, is a voting member and
serves as the chair of the board.7
The duties of the Space Florida board of directors include:
Adopting rules and orders to conduct the business of Space Florida, the maintenance of
records, and the form of all documents and records of Space Florida.
Maintaining an executive office and Space Florida offices in close proximity to the John F.
Kennedy Space Center.
Appointing a president of Space Florida, and determining his or her title, functions, duties,
powers, and salary.
Preparing an annual report of operations as a supplement to its annual report, which is also
required by law.8
The Space Florida board of directors is authorized to exercise the following powers:
Enter, and authorize any agent or employee of Space Florida to enter, upon any lands, waters,
and premises, upon giving reasonable notice and due process to the land owner, for the
purposes of making surveys, soundings, drillings, appraisals, and examinations necessary to
perform its duties and functions.
1
Space Florida, Open Government, https://www.spaceflorida.gov/about/open-government/ (last visited Mar. 17, 2021).
2
S. 331.302, F.S.
3
S. 331.3011, F.S.
4
S. 331.305, F.S.
5
S. 331.301–331.371, F.S.
6
The 12 private sector members of the EFI board of directors (who by default comprise the Space Florida board of directors) are
appointed to four-year terms. Six members are appointed by the Governor, three members are appointed by the President of the
Senate, and three members are appointed by the Speaker of the House of Representatives. S. 288.901(5)(a)7., F.S.
7
S. 331.3081, F.S.
8
S. 331.310(2), F.S.
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DATE: 3/18/2021
Execute all contracts and other documents, adopt all proceedings, and perform all acts
determined by the board to be necessary or desirable to carry out the purposes given it in
statute.
Establish and create such departments, committees, or other entities as from time to time the
board deems necessary or desirable in the performance of any acts or other things necessary
to the exercise of the powers provided in statute.
Provide financial services to support aerospace-related business development within the state.
Financial services may include, but are not limited to:
o Insuring, coinsuring, or originating for sale direct aerospace-related loans.
o Direct lending.
o Guaranteeing and collateralizing loans.
o Creating accounts.
o Capitalizing, underwriting, leasing, selling, or securing funding for aerospace-related
infrastructure.
o Investing in permissible securities.
o Organizing financial institutions and international bank syndicates.
o Acquiring, accepting, or administering grants, contracts, and fees from other
organizations to perform activities that are consistent with the purposes of Space
Florida’s business plan. If the board deems a financial services entity is necessary, the
board may create, form, or contract with one or more such entities.
Examine, and authorize any officer or agent of Space Florida to examine, the county tax rolls
with respect to the assessed valuation of the real and personal property within any spaceport
territory.
Engage in the planning and implementation of space-related economic and educational
development within the state.
Provide the strategic direction for the aerospace-related research priorities of the state and its
aerospace-related businesses.
Execute intergovernmental agreements and development agreements consistent with prevailing
statutory provisions, including, but not limited to, special benefits or tax increment financing
initiatives.
Establish reserve funds for future board operations.
Adopt rules pursuant to chapter 120 to carry out the purposes of ch. 331, which governs Space
Florida.9
Effect of the Bill
The bill adds two ex officio, nonvoting members to the board of directors of Space Florida, as follows:
One member of the Senate, appointed by the President of the Senate, and
One member of the House of Representatives, appointed by the Speaker of the House of
Representatives.
The bill takes effect July 1, 2021.
B. SECTION DIRECTORY:
Section 1 Amends s. 331.3081, F.S.; revising the membership of the board of directors of Space
Florida to include two ex officio, nonvoting members appointed by the Legislature.
Section 2 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
9
S. 331.310(1), F.S.
STORAGE NAME: h1201.TIE PAGE: 3
DATE: 3/18/2021
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
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 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:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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DATE: 3/18/2021
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 1201 2021
1 A bill to be entitled
2 An act relating to Space Florida board of directors;
3 amending s. 331.3081, F.S.; revising the membership of
4 the board of directors of Space Florida to include two
5 ex officio, nonvoting members appointed by the
6 Legislature; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 331.3081, Florida Statutes, is amended
11 to read:
12 331.3081 Board of directors.—Space Florida shall be
13 governed by a 15-member 13-member independent board of directors
14 that consists of:
15 (1) The 12 members appointed to the board of directors of
16 Enterprise Florida, Inc., by the Governor, the President of the
17 Senate, and the Speaker of the House of Representatives pursuant
18 to s. 288.901(5)(a)7.
19 (2) One ex officio, nonvoting member appointed by the
20 President of the Senate from the members of the Senate, and one
21 ex officio, nonvoting member appointed by the Speaker of the
22 House of Representatives from the members of the House of
23 Representatives. and
24 (3) The Governor, who shall serve ex officio, or who may
25 appoint a designee to serve, as the chair and a voting member of
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb1201-00
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 1201 2021
26 the board.
27 Section 2. This act shall take effect July 1, 2021.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb1201-00
HB 1239
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1239 Broadband Internet Infrastructure
SPONSOR(S): Tomkow and others
TIED BILLS: IDEN./SIM. BILLS: SB 1592
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Willson Keating
2) Ways & Means Committee
3) Commerce Committee
SUMMARY ANALYSIS
Federal law provides that a state or local government may not prohibit the ability of any entity to provide
telecommunications services. Federal law also recognizes the authority of state and local governments to
manage the public right-of-way (ROW) and to require fair and reasonable compensation from
telecommunications service providers, on a competitively neutral and nondiscriminatory basis, for the use of
such ROW.
Federal law requires investor-owned utilities to provide nondiscriminatory access for attachments to their poles,
conduit, or ROW by cable television systems and telecommunications carriers, and authorizes the Federal
Communications Commission (FCC) to regulate the rates, terms, and conditions of such attachments in the
absence of parallel state regulation.
Most attachments of cable and telecommunications carrier facilities to utility poles owned by a municipal
electric utility are not currently regulated at the state or federal level.
Florida levies a six percent sales and use tax on the sale or rental of most tangible personal property,
admissions, transient rentals, rental of commercial real estate, and a limited number of services. In addition to
the state tax, current law authorizes counties to impose nine local discretionary sales surtaxes.
The bill provides a sales tax exemption for equipment purchased, leased, or sold in Florida for use by providers
of telecommunications services and providers of Internet access services, as defined in the bill.
The bill requires and provides a procedure for access by broadband providers for attachments to poles owned
and operated by municipal electric utilities. It provides for the adoption of rates, terms, and conditions for such
access consistent with federal requirements for pole attachments. Each municipal electric utility must:
Make available all records necessary to calculate the pole attachment rate pursuant to the current FCC
formula used to calculate attachment rates for cable service providers.
Rearrange, expand, replace, or reengineer any pole if necessary to accommodate the new attachment.
If replacement is required, the municipal utility must complete all necessary work within 90 days of a
request and may be reimbursed only the cost associated with advancing the retirement of the existing pole.
The bill provides that existing pole attachment agreements must be renegotiated at the request of either party
in order to bring the agreement in compliance with the bill. The bill specifies that disputes over pole attachment
agreements must be adjudicated in circuit court, and that the effect of a court’s determination is retroactive to
the date of the request to renegotiate.
The Revenue Estimating Conference has not yet scored the bill, however the fiscal impact will likely be
significant. See Fiscal Comments section.
The bill takes effect on July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1239.TIE
DATE: 3/19/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Florida Sales and Use Tax
Florida levies a six percent sales and use tax on the sale or rental of most tangible personal property,
admissions,1 transient rentals,2 rental of commercial real estate,3 and a limited number of services.
Chapter 212, F.S., authorizes the levy and collection of Florida’s sales and use tax, as well as the
exemptions and credits applicable to certain items or uses under specified circumstances. There are
currently more than 260 exemptions, exclusions, deductions, and credits from the sales and use tax.4
Sales tax is added to the price of the taxable good or service and collected from the purchaser at the
time of sale.5
In addition to the state tax, s. 212.055, F.S., authorizes counties to impose nine local discretionary
sales surtaxes. A surtax applies to “all transactions occurring in the county which transactions are
subject to the state tax imposed on sales, use, services, rental, admissions, and other transactions by
[ch. 212, F.S.], and communications services as defined in ch. 202, F.S.”6 The discretionary sales
surtax is based on the tax rate imposed by the county where the taxable goods or services are sold, or
are delivered into. Discretionary sales surtax rates currently levied vary by county in a range from 0.5
percent to 2 percent.7
Regulation of Pole Attachments
The term pole attachment refers to the process by which communications companies can collocate
communications infrastructure on existing electric utility poles. Utility poles are divided into various
“spaces” for specific uses, and different vertical portions of the pole serve different functions.8 Utility
poles often accommodate equipment used to provide a variety of services, including electric power,
telephone, cable, wireline broadband, and wireless, which benefits the public by minimizing
“unnecessary and costly duplication of plant for all pole users.”9
The bottom of the pole generally is unusable for most types of attachments, although providers of
wireless services and facilities sometimes attach equipment associated with distributed antenna
systems and other small wireless facilities to the portion of the pole near the ground.10 Above that, the
lower usable space on a pole (known as the “communications space”) houses low-voltage
communications equipment, including fiber, coaxial cable, and copper wiring.11 The topmost portion of
the pole, the “electric space,” houses high-voltage electrical equipment.12 Historically, communications
equipment attachers used only the communications space; however, mobile wireless providers
increasingly are seeking access to areas above the communications space, including the electric
1 S. 212.04, F.S.
2 S. 212.03, F.S.
3 S. 212.031, F.S.
4 See Office of Economic and Demographic Research, The Florida Legislature, Florida Tax Handbook, pp. 166-171 (2020),
http://edr.state.fl.us/content/revenues/reports/tax-handbook/taxhandbook2020.pdf (last visited Mar. 17, 2021).
5 Florida Dept. of Revenue, Who must pay tax? Partial list of taxable business activities, http://dor.myflorida.com/dor/taxes/sales_tax.html (last
visited Mar. 17, 2021).
6 S. 212.054, F.S.
7 See Office of Economic and Demographic Research, The Florida Legislature, County Tax Rates: CY 2007-2021, http://edr.state.fl.us/Content/local-
government/data/data-a-to-z/g-l.cfm (last visited Mar. 17, 2021).
8 See Florida Public Service Commission, What’s on a Utility Pole?
http://www.psc.state.fl.us/ConsumerAssistance/UtilityPole (last visited Mar. 17, 2021).
9 S. REP. NO. 95-580, at 13 (1977), as reprinted in 1978 U.S.C.C.A.N. 109, 121.
10 See EEI Oct. 3, 2017 Wireline Ex Parte Letter at Attach. Pole Attachments: Safety and Reliability; Crown Castle
Wireline NPRM Comments at 5.
11 PSC, supra.
12 PSC, supra.
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space, to attach pole-top small wireless facilities. When a new attacher seeks access to a pole, it is
necessary to evaluate whether adding the attachment will be safe and whether there is room for it. In
many cases, existing attachments must be moved to make room for the new attachment. In some
cases, it is necessary to install a larger pole to accommodate a new attachment.13
Federal law provides that a state or local government may not prohibit the ability of any entity to provide
telecommunications services.14 Federal law also recognizes the authority of state and local
governments to manage the public right-of-way (ROW) and to require fair and reasonable
compensation from telecommunication providers, on a competitively neutral and nondiscriminatory
basis, for the use of such ROW.15
Congress began regulating pole attachments16 in 1978.17 The Telecommunications Act (Act) of 199618
expanded pole attachment rights to telecommunications19 carriers. The Act requires utilities20 to provide
nondiscriminatory access to cable television systems and telecommunications carriers. The Act also
authorizes the Federal Communications Commission21 (FCC) to regulate the rates, terms, and
conditions of attachments by cable television operators to the poles, conduit, or ROW owned or
controlled by utilities in the absence of parallel state regulation.22 The Act withheld from FCC
jurisdiction the authority to regulate attachments where the utility is a railroad, cooperatively organized,
or owned by a government entity.23
In April 2011, the FCC approved a pole attachment order which established a revised
telecommunications formula and included make-ready24 provisions which provided a benchmark for
pole attachment rates and access.25
In September 2018, the FCC issued an order26 which preempted state and local laws and agreements,
including those related to pole attachments, to remove regulatory barriers that would inhibit the
deployment of “small cell” infrastructure necessary to support new wireless broadband services. The
order set uniform rates and regulations for attachments on poles owned and controlled by publicly-
13
FCC-CIRC1808-03 at 4-5.
14 47 U.S.C. § 253(a).
15 47 U.S.C. § 253(c). states that “Nothing in this section affects the authority of a State or local government to manage the public rights-of-way or to
require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of
public rights-of-way on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government.”
16 47 U.S.C. § 224(a)(4), defines ‘‘pole attachment’’ as “any attachment by a cable television system or provider of telecommunications service to a
pole, duct, conduit, or right-of-way owned or controlled by a utility.”
17 The Pole Attachment Act of 1978 granted utility pole access to cable companies and was designed to promote utility competition and service to the
public. Communications Act Amendments of 1978, Pub. L. No. 95-234. (Feb. 21, 1978).
18 Telecommunications Act of 1996, Pub. LA. No. 104-104, 110 Stat. 56 (1996).
19 The term “telecommunications” means the transmission, between or among points specified by the user, of information of the user’s choosing,
without change in the form or content of the information as sent and received. 47 U.S.C. § 153(50).
20 47 U.S.C. § 224(a)(1), defines ‘‘utility’’ as “any person who is a local exchange carrier or an electric, gas, water, steam, or other public utility, and
who owns or controls poles, ducts, conduits, or rights-of-way used, in whole or in part, for any wire communications. Such term does not include any
railroad, any person who is cooperatively organized, or any person owned by the Federal Government or any State.”
21 The FCC regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of
Columbia and U.S. territories. An independent U.S. government agency overseen by Congress, the FCC is the United States' primary authority for
communications law, regulation and technological innovation. FCC, What We Do, https://www.fcc.gov/about-fcc/what-we-do (last visited Mar 13,
2021).
22 47 U.S.C. § 224.
23 In the Matter of Implementation of Section 224 of the Act A Nat'l Broadband Plan for Our Future, 26 F.C.C. Rcd. 5240, 5245–46 (2011)
24 “Make-ready” generally refers to the modification of poles or lines or the installation of guys and anchors to accommodate additional attachments.
FCC, Implementation of the Local Competition Provisions in the Telecommunications Act of 1996, CC Docket Nos. 96-98, 95-185, Order on
Reconsideration, 14 FCC Rcd 18049, 18056 n.50 (1999).
25 FCC, In the Matter of A National Broadband Plan for Our Future (GN Docket No. 09-51) Implementation of Section 224 of the Act (WC Docket
No. 07-245) Report And Order And Order On Reconsideration, FCC 11-50. (April 7, 2011).
26 FCC, Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Report and Order, 33 FCC Rcd 9088
(14), FCC-18-133. See also Congressional Research Service, Overview of Legal Challenges to the FCC’s 5G Order on Small Cell Siting (Feb. 25,
2019) The Order’s discussion of preemption begins by interpreting the Telecommunication Act’s two relevant preemption provisions: Sections 253
and 332(c)(7). Subject to certain exceptions, these sections preempt state and local requirements that “prohibit or have the effect of prohibiting the
ability of any entity” to provide “telecommunications” or “personal wireless services.” The Order interprets these provisions as imposing a “material
inhibition” standard, concluding that a law “ha[s] the effect of prohibiting” a telecommunications entity from providing service if it “materially limits
or inhibits the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment.”
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owned electric utilities.27 The order provided that state or local fees charged to mobile service providers
for deploying small cell sites violate federal law unless they:
Are a reasonable approximation of the state or local government’s costs,
Only factor in costs that are “objectively reasonable,” and
Are no higher than fees charged to similarly situated competitors.28
Except for small cell wireless facilities, attachments of cable and telecommunications carrier facilities to
utility poles owned by a municipal electric utility are not currently regulated by at the state or federal
level.
Effect of the Bill
Sales and Use Tax
The bill exempts from the sales and use tax the purchase, lease, or sale of equipment used by
providers of communication services or Internet access services, as defined in the bill. The bill provides
that the purchase, lease, or sale of equipment used in the business of providing communication
services or Internet access services, in whole or in part, by a provider of the services is exempt from
sales tax imposed by ch. 212, F.S.
The bill defines the following terms:
"Equipment used in the business of providing communications services or Internet access
services" means all equipment, machinery, software, or other infrastructure that is:
o Classified as central office equipment, station equipment or apparatus, station
connection, wiring, or large private branch exchanges according to the uniform system
of accounts which was adopted and prescribed for the provider by the Public Service
Commission; 29 or
o Part of a national, regional, or local headend30 or similar facility operated by a provider of
communications services or Internet access services.
“Communication services” has the same meaning as in s. 202.11(1), F.S.31
“Internet access service” has the same meaning is s. 202.11(6), F.S.32
27 American Public Power Association, Preserving the Municipal Exemption from Federal Pole Attachment Regulations, at 2.
https://www.publicpower.org/system/files/documents/January%202021%20-%20Federal%20Pole%20Attachment%20Regulations.pdf (last visited
Mar. 17, 2021).
28 CRS, supra, at 2-3. The order also identifies specific fee limits that are presumptively allowed under federal law. For non-recurring fees, such as
up-front applications for small cell site installations, localities may charge up to $500, subject to certain exceptions. For recurring fees, such as access
fees, localities may charge up to $270 per year. Under certain circumstances, higher fees may be charged due to local cost variances.
29 In 2011, Florida eliminated most of the retail regulation of local exchange telecommunications services by the PSC, including the elimination of
rate caps on all retail telecommunications services, elimination of telecommunications-related consumer protection and assistance duties of the PSC,
and elimination of the PSC’s remaining oversight of telecommunications service quality. Ch. 2011-64, Laws of Fla.
30 A headend is a facility that accepts TV signals as input from satellites, processes them into cable quality signals, and then distributes them to
homes and cable networks. It can also be considered as a master distribution center where incoming television signals are received, selected,
amplified and re-modulated, and sent for transmission to cable networks. See Techopedia, Headend: What does Headend mean?
https://www.techopedia.com/definition/7550/headend (last visited March 17, 2021).
31 “Communications services means the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals,
including video services, to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other
medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. The term includes
such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for
purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice-over-Internet-protocol services or is
classified by the Federal Communications Commission as enhanced or value-added. The term does not include: Information services; Installation or
maintenance of wiring or equipment on a customer’s premises; The sale or rental of tangible personal property; The sale of advertising, including, but
not limited to, directory advertising; Bad check charges; Late payment charges; Billing and collection services; or Internet access service, electronic
mail service, electronic bulletin board service, or similar online computer services.” S. 202.11(1), F.S.
32 S. 202.11(6), F.S. “Internet access service” has the same meaning as ascribed to the term “Internet access” by s. 1105(5) of the Internet Tax
Freedom Act, 47 U.S.C. s. 151 note, as amended by Pub. L. No. 110-108. S. 1105(5) “The term 'Internet access'- "(A) means a service that enables
users to connect to the Internet to access content, information, or other services offered over the Internet; "(B) includes the purchase, use or sale of
telecommunications by a provider of a service described in subparagraph (A) to the extent such telecommunications are purchased, used or sold-"(i)
to provide such service; or "(ii) to otherwise enable users to access content, information or other services offered over the Internet; "(C) includes
services that are incidental to the provision of the service described in subparagraph (A) when furnished to users as part of such service, such as a
home page, electronic mail and instant messaging (including voice- and video-capable electronic mail and instant messaging), video clips, and
personal electronic storage capacity; "(D) does not include voice, audio or video programming, or other products and services (except services
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“Provider of communication services or Internet services” means a dealer33 and any member of
an affiliated group with such dealer.34
Broadband Service Infrastructure
The bill creates s. 364.0137, F.S., to provide requirements for broadband provider attachments to
municipal electric utility poles.
The bill provides legislative findings that just, reasonable, and nondiscriminatory rates, terms, and
condition for access and use of municipal electric utility poles by broadband service providers is
essential for the deployment of broadband service to the residents of the state.
The bill defines the following terms:
“Attachment” means any attachment to a utility pole or structure, duct, conduit, or right-of-way
owned or controlled by a municipal electric utility.
“Broadband provider” means a person who provides broadband service, and includes a person
who provides or offers additional services to the public in addition to broadband service.
“Broadband service” means a service that provides high-speed access to the Internet at a rate
of at least 25 megabits per second in the downstream direction and at least 3 megabits per
second in the upstream direction.
“Utility pole” means a pole owned or controlled by a municipal electric utility which is used in
whole or in part for electric distribution.
The bill provides that to promote the deployment of broadband service to all residents, each municipal
utility must provide broadband providers with access to any utility pole it owns or operates and adopt
rates, terms and conditions for such access that are consistent with 47 U.S.C. s. 224 and any FCC
regulations and decisions adopted as of July 1, 2021. The rates, terms, and conditions must be
nondiscriminatory, just, and reasonable and may not favor a pole owner, owner, or affiliate of the pole
owner.
A municipal electric utility may not discriminate between providers and any attaching entity, regardless
of the services furnished. The annual recurring rate established by the utility must be calculated
pursuant to the cable service rate formula established by 47 U.S.C. s. 224(d) and FCC regulations and
decisions in existence on July 1, 2021. The utility must maintain the records necessary to calculate the
charges, including costs, description, and depreciation of the utility poles, including any ancillary poles.
The bill requires a municipal utility to rearrange or otherwise reengineer any utility pole if necessary to
accommodate the broadband provider’s new attachment. If the utility pole must be replaced to
accommodate the attachment, the utility may only charge the broadband provider its actual and
reasonable costs of “advancing the retirement of the existing utility pole.” The costs must be measured
by all of the following:
Net book value of the existing utility pole;
Incremental cost of installing a utility pole with greater capacity than the existing pole; and
Other incremental costs that may not include the cost of a pole that the municipal utility would
have installed at the same location.
A municipal utility may not prohibit a broadband provider from using boxing techniques, extension
arms, attachments below existing attachments where space is unavailable above the existing
described in subparagraph (A), (B), (C), or (E)) that utilize Internet protocol or any successor protocol and for which there is a charge, regardless of
whether such charge is separately stated or aggregated with the charge for services described in subparagraph (A), (B), (C), or (E); and "(E) includes
a homepage, electronic mail and instant messaging (including voice- and video-capable electronic mail and instant messaging), video clips, and
personal electronic storage capacity, that are provided independently or not packaged with Internet access.
33 “Dealer” means a person registered with the department as a provider of communications services in this state. S. 202.11(2), F.S.
34 An affiliated group is defined as one or more chains of includable corporations or partnerships connected through ownership with a common parent
corporation or other partnership which is an includable corporation or partnership when the common parent corporation or partnership has ownership
in at least one other includable corporation or partnership which generally satisfies the requirements of s. 267 or s. 707 of the Internal Revenue Code.
If a dealer or a member of an affiliated group provides communications services in more than one county in the state, the department will notify the
local government that no audit may be performed. S. 202.37(1)(c)2., F.S.
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attachments, temporary attachments, or other methods or equipment, provided that they comply with
the National Electric Safety Code, or any other applicable safety codes.
For any pole replacement, the bill requires the municipal utility to complete all work necessary to
accommodate the broadband provider’s attachments within 90 days after receipt of an attachment
request from the provider. The municipal utility may not require the provider to comply with any
attachment specifications that exceed the National Electric Safety Code or any applicable codes.
A municipal electric utility or a broadband provider may submit a written request to negotiate an
agreement or to amend, modify, or renew an existing agreement on attachments to conform to the
provisions of the bill. The parties must negotiate in good faith for at least 60 days, and after that time,
either party may petition the circuit court to determine rates, terms and conditions of the agreements
consistent with the provisions of the bill, which include application of current federal law, such as the
FCC-approved formula for calculating cable service attachment rates. The court must enter a decision
within 180 days after the filing of the petition. The court’s decision is retroactive to apply to existing
attachments and to the date of the written request to negotiate and applies to the continuing terms of all
existing attachments installed before the written request.
Between the date of the written request and the court’s decision:
The terms of any existing agreement on attachments apply, subject to true-up, to put the parties
in the position they would have been if the court’s decision had been in effect on the date of the
negotiation request.
In absence of an existing agreement, unless the parties agree otherwise, the court, within 30
days following the petition for determination, is required to establish interim rates and
conditions, subject to a true-up, to put the parties in the position they would have been if the
court’s decision had been in effect on the date of the negotiation request.
A utility or provider may seek available remedies at law or equity for violations of the provisions of the
bill. The court is required to give effect to the provisions of 47 U.S.C. s. 224 and FCC regulations and
decisions in existence on July 1, 2021, in making its decision.
The bill takes effect on July 1, 2021.
B. SECTION DIRECTORY:
Section 1 Provides a short title.
Section 2 Amends s. 212.08, F.S., exempting the purchase, lease, or sale of certain equipment
used by a provider of communications services or a provider of Internet access services
in this state from the sales and use tax.
Section 3 Creates s. 364.0137, F.S., relating to broadband service infrastructure.
Section 4 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The bill appears to have a significant negative impact on state government revenues associated
with the sales tax exemption in the bill. The Revenue Estimating Conference has not scored the bill,
as drafted.
2. Expenditures:
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The bill may have an indeterminate negative impact on state government expenditures associated
with circuit court proceedings to resolve disputes over pole attachment rates, terms, and conditions.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill may have an indeterminate, but likely negative, impact on local government revenues
associated with the pole attachment charges.
2. Expenditures:
The bill appears to have an indeterminate negative impact on local government expenditures
associated with the renegotiation and possible litigation of pole attachment rates, terms, and
conditions.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Broadband service providers may see an adjustment in the pole attachment fees paid to municipal
electric utilities for installation of attachments to the utilities’ poles.
D. FISCAL COMMENTS:
The Department of Revenue (DOR) has raised the following concerns:
It is unclear if the sales tax exemption in the bill is intended to be limited to purchases by
providers of communications services or Internet access service or if the intent is to also exempt
sales by providers.
It is unclear if the intent of the bill is to exempt the tax imposed on the lease of real property
under s. 212.031, F.S. Section 212.08, F.S., generally provides exemptions for tangible
personal property. While it is assumed the intent is to exempt tangible items, the bill provides
that the term equipment includes “other infrastructure” which may include land or buildings.
It is unclear what constitutes “Equipment used in the business of providing communications
services or Internet access services” on lines 105-115. Reference to a specific publication or
definitions would be preferable.35
Without clarification of these provisions, the impact of the bill on state government revenues cannot be
fairly estimated.
35 Department of Revenue, 2021 Agency Legislative Bill Analysis for HB 1239-Revised at 4. (Mar. 3, 2021).
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III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the 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:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
Line 257 refers to the “commission’s determination” but should read “court’s determination.”
Additionally, DOR states that the effective date of July 1, 2021, does not allow sufficient time for the
promulgation of permanent rules.36
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
36 DOR, supra.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1239 2021
1 A bill to be entitled
2 An act relating to broadband Internet infrastructure;
3 providing a short title; amending s. 212.08, F.S.;
4 exempting the purchase, lease, or sale of certain
5 equipment used by a provider of communications
6 services or a provider of Internet access services in
7 this state from the sales and use tax; providing
8 definitions; creating s. 364.0137, F.S.; providing
9 legislative findings; providing definitions; requiring
10 municipal electric utilities to ensure that their
11 broadband provider rates and fees meet certain
12 requirements, make certain records available to
13 broadband providers, and establish just and reasonable
14 terms and conditions for broadband provider
15 attachments; prohibiting utilities from prohibiting a
16 broadband provider from using certain techniques and
17 equipment if used in accordance with certain safety
18 standards; requiring any required pole replacement to
19 be completed within a specified timeframe; prohibiting
20 utilities from requiring a broadband provider to
21 comply with attachment specifications that exceed
22 specified established safety levels; providing
23 construction; authorizing municipal electric utilities
24 and broadband providers to negotiate agreements or
25 renegotiate existing agreements and to petition the
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26 court after a specified timeframe if unable to reach
27 an agreement; requiring the court to make a
28 determination within a specified timeframe; specifying
29 that such determination applies retroactively;
30 authorizing municipal electric utilities and broadband
31 providers to seek any available remedies; providing an
32 effective date.
33
34 WHEREAS, although this state is a national leader in
35 private sector broadband investment, including billions of
36 dollars invested by existing service providers, estimates show
37 that as many as 804,000 residents lack access to the services,
38 particularly in rural areas where the cost to deploy facilities
39 is significantly higher than in more densely populated areas,
40 and
41 WHEREAS, the lack of advanced communication capabilities,
42 broadband facilities, and services in certain areas deprives
43 residents of access to opportunities, and
44 WHEREAS, the Legislature finds that it is in the public
45 interest of this state to encourage private-sector investment in
46 broadband deployment and upgrades, encourage greater
47 participation and access for all residents, and remove
48 regulatory and economic barriers to such investment, and
49 WHEREAS, the Legislature finds that it is in the public
50 interest of this state to encourage and facilitate the
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51 development of and investment in broadband facilities to advance
52 Florida's economic competitiveness, create job opportunities,
53 enhance health care, and enhance educational advancement, and
54 WHEREAS, the Legislature finds that reasonable rates,
55 terms, and conditions for access and use of municipal utility
56 poles by broadband service providers are essential for the
57 deployment, upgrade, and maintenance of broadband service, and
58 WHEREAS, it is critical that such access rates, terms, and
59 conditions be reasonable and fully compensatory, as approved by
60 the federal pole attachment framework imposed by the
61 Communications Act of 1934, as amended, 47 U.S.C. s. 224, and
62 the regulations of the Federal Communications Commission
63 governing utilities whose pole attachments are regulated under
64 federal law, NOW, THEREFORE,
65
66 Be It Enacted by the Legislature of the State of Florida:
67
68 Section 1. This act may be cited as the "Florida Broadband
69 Deployment Act of 2021."
70 Section 2. Paragraph (ppp) is added to subsection (7) of
71 section 212.08, Florida Statutes, to read:
72 212.08 Sales, rental, use, consumption, distribution, and
73 storage tax; specified exemptions.—The sale at retail, the
74 rental, the use, the consumption, the distribution, and the
75 storage to be used or consumed in this state of the following
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76 are hereby specifically exempt from the tax imposed by this
77 chapter.
78 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
79 entity by this chapter do not inure to any transaction that is
80 otherwise taxable under this chapter when payment is made by a
81 representative or employee of the entity by any means,
82 including, but not limited to, cash, check, or credit card, even
83 when that representative or employee is subsequently reimbursed
84 by the entity. In addition, exemptions provided to any entity by
85 this subsection do not inure to any transaction that is
86 otherwise taxable under this chapter unless the entity has
87 obtained a sales tax exemption certificate from the department
88 or the entity obtains or provides other documentation as
89 required by the department. Eligible purchases or leases made
90 with such a certificate must be in strict compliance with this
91 subsection and departmental rules, and any person who makes an
92 exempt purchase with a certificate that is not in strict
93 compliance with this subsection and the rules is liable for and
94 shall pay the tax. The department may adopt rules to administer
95 this subsection.
96 (ppp) Equipment purchased, leased, or sold in this state
97 for use by a provider of communications services or a provider
98 of Internet access services.—
99 1. The purchase, lease, or sale of equipment used in the
100 business of providing communications services or Internet access
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101 services, in whole or in part, by a provider of communications
102 services or Internet access services is exempt from the tax
103 imposed by this chapter.
104 2. As used in this paragraph, the term:
105 a. "Equipment used in the business of providing
106 communications services or Internet access services" means all
107 equipment, machinery, software, or other infrastructure that is:
108 (I) Classified as central office equipment, station
109 equipment or apparatus, station connection, wiring, or large
110 private branch exchanges according to the uniform system of
111 accounts which was adopted and prescribed for the provider by
112 the Public Service Commission; or
113 (II) Part of a national, regional, or local headend or
114 similar facility operated by a provider of communications
115 services or Internet access services.
116 b. "Communications services" has the same meaning as in s.
117 202.11(1).
118 c. "Internet access service" has the same meaning as in s.
119 202.11(6).
120 d. "Provider of communications services or Internet access
121 services" means a dealer as defined in s. 202.11(2) and any
122 member of an affiliated group as defined in s. 202.37(1)(c)2.
123 with such dealer.
124 Section 3. Section 364.0137, Florida Statutes, is created
125 to read:
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126 364.0137 Broadband service infrastructure.—
127 (1) The Legislature finds that just, reasonable, and
128 nondiscriminatory rates, terms, and conditions for the access
129 and use of municipal electric utility poles by broadband service
130 providers is essential to deploy, upgrade, and maintain
131 broadband service to residents of the state. It is critical that
132 municipal electric utility pole access and use rates are just,
133 reasonable, nondiscriminatory, and fully compensatory, which may
134 be achieved under the federal law framework applicable to
135 utility poles owned and operated by investor-owned utilities.
136 The terms and conditions associated with the access and use of
137 utility poles must be consistent with 47 U.S.C. s. 224, the
138 Communications Act of 1934, as amended, and the regulations of
139 the Federal Communications Commission, as those regulations
140 existed on July 1, 2021.
141 (2) As used in this section, the term:
142 (a) "Attachment" means any attachment to a utility pole or
143 structure, duct, conduit, or right-of-way owned or controlled by
144 a municipal electric utility.
145 (b) "Broadband provider" means a person who provides
146 broadband service, and includes a person who provides or offers
147 additional services to the public in addition to broadband
148 service.
149 (c) "Broadband service" means a service that provides
150 high-speed access to the Internet at a rate of at least 25
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151 megabits per second in the downstream direction and at least 3
152 megabits per second in the upstream direction.
153 (d) "Utility pole" means a pole owned or controlled by a
154 municipal electric utility which is used in whole or in part for
155 electric distribution.
156 (3) To promote the deployment of broadband service to all
157 residents, each municipal electric utility:
158 (a) Shall provide broadband providers with access to any
159 to utility poles it owns or operates and adopt rates, terms, and
160 conditions for such access which are consistent with the
161 provisions of 47 U.S.C. s. 224 and any Federal Communications
162 Commission regulations and decisions adopted thereunder, as such
163 regulations and decisions existed on July 1, 2021. The rates,
164 terms, and conditions must be nondiscriminatory, just, and
165 reasonable and may not favor a pole owner or an affiliate of the
166 pole owner.
167 (b)1. Shall ensure that any rate or fee that the municipal
168 electric utility charges to a broadband provider for an
169 attachment to a utility pole does not:
170 a. Discriminate between or among such providers and any
171 other attaching entity, regardless of the services furnished.
172 b. Exceed the annual recurring rate calculated in
173 accordance with the cable service rate formula established by 47
174 U.S.C. s. 224(d) or any Federal Communications Commission rule,
175 regulation, or decision adopted thereunder, as such existed on
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176 July 1, 2021.
177 2. Shall maintain and make available to a broadband
178 provider all records necessary to calculate the rate it charges
179 to the provider. The records must include:
180 a. All costs associated with utility poles; any
181 improvements or reinforcements thereto; and any appurtenances,
182 including costs associated with storm hardening efforts, which
183 must be identified with particularity.
184 b. Identification of the actual height, usable space, and
185 appurtenances associated with each utility pole.
186 c. Information regarding any ancillary utility poles and
187 the costs associated with such poles, which are separately
188 identifiable from the principal utility poles they support.
189 d. To the extent the accumulated depreciation for a
190 utility pole which is used to calculate the rate is based on
191 records specific to pole plant rather than based on proration of
192 accumulated depreciation tracked at a higher aggregated plant
193 amount, sufficiently detailed data to support the pole specific
194 figure.
195 (c) Shall establish just and reasonable terms and
196 conditions for a broadband provider attachment which do not
197 discriminate between or among providers or any other attaching
198 entity and which are consistent with 47 U.S.C. s. 224 and any
199 Federal Communications Commission rule, regulation, or decision
200 adopted thereunder, as such existed on July 1, 2021, except
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201 that:
202 1. If necessary to accommodate a broadband provider's new
203 attachment, the municipal electric utility shall rearrange,
204 expand, replace, or otherwise safely reengineer any utility pole
205 upon the request of the broadband provider. If the municipal
206 electric utility is required to replace a utility pole pursuant
207 to this subparagraph, the municipal electric utility may not
208 require a broadband provider to reimburse any costs associated
209 with such pole replacement beyond the recovery of its actual and
210 reasonable costs of advancing the retirement of the existing
211 utility pole. Such costs shall be measured by all of the
212 following:
213 a. The net book value of the existing utility pole.
214 b. The incremental cost, if any, of installing a utility
215 pole with greater capacity than the utility pole the municipal
216 electric utility would have installed in the normal course of
217 its operations.
218 c. Any other incremental costs proved by the municipal
219 electric utility, provided that such incremental costs do not
220 include any costs associated with a utility pole the utility
221 would have installed at the same location.
222 2. The municipal electric utility may not prohibit the
223 broadband provider from using boxing techniques, extension arms,
224 attachments below existing attachments where space is
225 unavailable above existing attachments, temporary attachments,
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226 or other methods or equipment, provided that such use complies
227 with the National Electric Safety Code or other applicable
228 safety codes.
229 3. With respect to a utility pole replacement, the
230 municipal electric utility must complete such pole replacement
231 and any other work necessary to accommodate the broadband
232 provider's attachment to the replaced pole within 90 days after
233 receiving a complete attachment request from a broadband
234 provider.
235 (d) May not require a broadband provider to comply with
236 any utility pole attachment specifications that exceed the
237 specifications in the National Electric Safety Code, applicable
238 fire safety codes, or any building code or similar code of
239 general applicability for the protection of public health,
240 safety, or welfare which was adopted by the applicable local
241 governmental jurisdiction before the broadband provider filed a
242 utility pole attachment application. However, this section may
243 not be construed to expand the power of any local governmental
244 jurisdiction.
245 (4) A municipal electric utility or broadband provider may
246 submit a written request to negotiate any agreement or to amend,
247 modify, or renew any existing agreement addressing attachments
248 by the broadband provider to conform such agreements to this
249 section. The parties must negotiate in good faith for at least
250 60 days after the written request, after which either party may
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251 petition the circuit court to determine rates, terms, and
252 conditions for the agreements consistent with this section. The
253 court shall make a determination within 180 days after the
254 filing of the petition for that determination. The court's
255 determination applies retroactively to attachments between the
256 date of the written request to negotiate and the date of the
257 commission's determination, and applies to the continuing terms
258 of all existing attachments that were installed before the
259 written request. Between the date of the written request to
260 negotiate and the date of the court's determination:
261 (a) The terms and conditions of any existing agreement
262 addressing such attachments apply, subject to true-up, to put
263 the parties in the positions in which they would have been had
264 the court's determination been in effect on the date of the
265 written request to negotiate.
266 (b) In the absence of such existing agreement, unless the
267 parties agree otherwise, the court, within 30 days after the
268 petition for a determination, must establish interim rates,
269 terms, and conditions that will apply, subject to true-up, to
270 put the parties in the positions in which they would have been
271 had the court's determination been in effect on the date of the
272 written request to negotiate.
273 (5) A municipal electric utility or broadband provider may
274 seek any available remedies at law or equity for violations of
275 this section. In all cases involving this section, and to the
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276 extent not otherwise provided by this section, the court shall
277 give effect to the provisions and intent of 47 U.S.C. s. 224 and
278 any Federal Communications Commission rules, regulations, or
279 decisions adopted thereunder, as such existed on July 1, 2021.
280 Section 4. This act shall take effect July 1, 2021.
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HB 1313
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1313 Digital Driver Licenses and Identification Cards
SPONSOR(S): LaMarca
TIED BILLS: HB 1315 IDEN./SIM. BILLS: SB 1324
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johnson Keating
2) Infrastructure & Tourism Appropriations
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
Since 2014, the Department of Highway Safety and Motor Vehicles (DHSMV) has been required to prepare for
the development of a secure and uniform system for issuing an optional digital proof of driver license. To this
end, DHSMV is in the process of developing the Florida Smart ID.
The bill requires DHSMV to establish a secure and uniform system for issuing optional digital proofs of driver
licenses and identification cards. Under the bill. DHSMV may contract with one or more private entities to
develop an electronic credentialing system. The electronic credentialing system may not retain Internet
Protocol addresses, geolocation data, or other information that describes the location, computer, computer
system, or computer network from which a customer accesses the system.
The bill prohibits a private entity who contracts for data verification through an electronic credentialing system
with the DHSMV from storing, selling, or sharing personal information collected by scanning a digital proof of
driver license or identification card unless consent has been provided by the individual.
The bill provides that, notwithstanding any law prescribing the design for, or information required to be
displayed on, a driver license or identification card, a digital proof of driver license or identification may
comprise a limited profile that includes only information necessary to conduct a specific transaction on the
electronic credentialing system.
The bill also provides that a person may not be issued a digital proof of driver license or identification card until
he or she satisfies all requirements for issuance of the respective driver license or identification card and has
been issued a printed driver license or identification card. The bill establishes penalties for a person who
manufacturers or possesses a false digital identification card.
The bill does not appear to have an impact on state or local government revenues. The bill may have an
indeterminate, likely insignificant fiscal impact on state and local government expenditures.
The bill has an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Digital Driver License
A digital driver license comes in the form of a smart phone app protected by biometrics or a personal
identification number (PIN). Instead of handing over a physical license to a police officer or store clerk,
an individual could display the relevant information on his or her smart phone or send it electronically.1
Since 2012, the American Association of Motor Vehicle Administrators (AAMVA) has worked to develop
identity credential standards, cross-jurisdictional use, authentication, data privacy protection, and other
uses of digital driver licenses. AAMVA has collaborated with Underwriter Laboratories to establish
international guidelines and interoperability for industry leaders to test their digital driver license
solutions with one another.2
Since 2014, the Department of Highway Safety and Motor Vehicles (DHSMV) has been required to
prepare for the development of a secure and uniform system for issuing an optional digital proof of
driver license. DHSMV may contract with one or more private entities to develop a digital proof of driver
license system.3 The digital proof of driver license must be in such a format as to allow law
enforcement to verify the authenticity of the digital proof of driver license. DSHMV may adopt rules to
ensure valid authentication of digital driver licenses by law enforcement.4
A person may not be issued a digital proof of driver license in Florida until he or she has satisfied all of
the requirements for issuance of a physical driver license as provided in ch. 322, F.S.5
A person who:
Manufactures a false digital proof of driver license commits a felony of the third degree.6
Possesses a false digital proof of driver license commits a misdemeanor of the second degree.7
While the statute allows for the creation of a digital proof of driver license, it does not authorize the
creation of a digital identification card.
DHSMV’s Motorist Modernization Project is a multi-phased program to modernize its legacy
applications and processes. The Motorist Modernization Project has committed resources and
approved funding to procure a digital driver license solution as part of Phase II. The fiscal year 2020-
2021 appropriation for Motorist Modernization Phase II was $9,877,400. Of this amount, $400,000 was
allocated for digital driver license development.8
The digital driver license that DSHMV is developing includes a digital identification, which is a digital
representation of a person’s identity; however, the actual digital driver license is a digital representation
of a physical credential and driving privileges. The DHSMV has branded this effort as the “Florida
Smart ID” (Smart ID). Below is an overview of the Smart ID development timeline:
Received legislative authority to implement in 2014
1
Veronica Combs, Mobile Driver's License Would Replace the Physical Card With a Digital Identity, Tech Republic, April 15, 2020,
https://www.techrepublic.com/article/mobile-drivers-license-would-replace-the-physical-card-with-a-digital-identity/ (last visited
March 11, 2021)
2
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1313, (March 5, 2021),
3
S. 322.032(1), F.S.
4
S. 322.032(2), F.S.
5
S. 322.032(3), F.S.
6
S. 322.032(4)(a), F.S.
7
S. 322.032(4)(b), F.S.
8
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1313, (March 5, 2021),
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AAMVA standards completed in 2019
Vendor awarded contract June 2020
Started work July 2020
Pilot program slated to start on March 25, 2021, and planned to run for 90 days.9
Florida Smart ID
Smart ID involves multiple interactions occurring between various system components, including a
Credential Service Provider (CSP),10 the Smart ID device, and an associated verifier device.
DHSMV has contracted with a vendor to start the development of Smart ID. As of February 2021, the
vendor anticipates completion of development and initiation of a pilot program by late March. The pilot
program will allow DHSMV to improve and optimize Smart ID and an associated verifier application
prior to the statewide launch.11
Law enforcement personnel verifying a Smart ID will have access only to driver license information that
the user consents to share, and no other information or data from the smart device will be displayed or
shared. The Florida Smart ID will display a QR/barcode that will show a law enforcement officer driver
license information when scanned by a verifier application. Businesses verifying a Smart ID will have
access only to age verification information that a user consents to share. No other information or data
from the smart device will be displayed or shared.12
DHSMV can remotely update a Smart ID to extend additional privileges (add an endorsement, change
classes of driver license), revoke privileges (suspend driver license), or remotely deactivate or wipe a
person’s credentials. Both the customer and a verifier application will be able to see when the Smart ID
was most recently updated.13
Effect of the Bill
The bill amends s. 322.032, F.S., to provide for both a digital proof of driver license (DL) and
identification card (ID card). The bill defines the terms “digital proof of driver license” and “digital proof
of identification card” as an electronic credential viewable on an electronic credentialing system.14
The bill directs DHSMV to establish a secure and uniform system for issuing an optional digital proof of
DL or ID card and authorizes DHSMV to contract with a vendor for the purpose of developing an
electronic credentialing system. As mentioned above, DHSMV has already begun the development of
the Florida Smart ID by contracting with a vendor. The bill prohibits the electronic credentialing system
from retaining internet protocol addresses, geolocation data, or other information which can reveal the
location, computer, computer system, or computer network which is used by a customer to access the
system.
The bill requires the digital DL and ID card to be in a format to allow for verification. The digital DL and
ID card may only consist of information necessary to conduct specific transactions in the electronic
credentialing system. The bill provides that any other law prescribing the design for, or information
required to be displayed on a DL or ID card, a digital proof of DL or ID card may comprise a limited
9
Id. at p. 3.
10
A Credential Service Provider (CSP) is a trusted entity that issues or registers subscriber tokens and issues electronic credentials to
subscribers. The CSP may encompass registration authorities and verifiers that it operates. A CSP may be an independent third party,
or may issue credentials for its own use. See National Information Technology Laboratory, Computer Security Resource Center,
https://csrc.nist.gov/glossary/term/credential_service_provider (last visited March 4, 2021).
11
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1313, (March 5, 2021),
12
Id.
13
Id.
14
The bill defines the term “electronic credentialing system” as a computer system accessed using a computer, a cellular telephone, or
any other personal device which queries DHSMV’s driver license and identification card records, displays or transmits digital proofs
of driver license and identification cards, and verifies the authenticity of those electronic credentials.
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profile,15 which includes only information necessary to conduct a specific transaction on the electronic
credentialing system.
The bill amends s. 322.14(1)(a), F.S., to require DHSMV to issue a printed DL to every qualified
applicant. The bill prohibits DHSMV from issuing a digital DL or ID card if the applicant is not eligible for
the issuance of a physical printed DL or ID card. The digital DL or ID card must be capable of
displaying current information from a DL record. For example, if a licensee’s driving privilege is
suspended, revoked, or disqualified, or if his or her DL is otherwise canceled or expired, a digital proof
of DL may not be issued. However, a digital proof of ID card may be issued if the licensee is otherwise
eligible for an ID card.16
The bill authorizes DHSMV to use a telephone number submitted by a licensee or cardholder in
connection with a digital DL or ID for purpose of communication regarding the electronic credential or
the motor vehicle records. The bill permits DHSMV to enter into a contract with a private entity to
conduct online data calls or offline data verification using the electronic credentialing system.
The bill prohibits any vendor contracted with DHSMV from storing, selling, or sharing any personal
information collected from scanning17 a digital DL or ID card. However, the bill allows individuals using
an electronic DL or ID card to consent to allow a private entity to collect and store such personal
information. The bill also requires the individual to be informed about what information is collected and
the purpose or purposes for which the information will be used. A private entity that violates this section
is subject to a civil penalty of up to $5,000 per occurrence. However, this provision does not apply to a
financial institution.18
The bill provides that any person who manufactures a false digital DL or ID card commits a felony of
the third degree. The possession of a false digital DL or ID card is a misdemeanor of the second
degree.
The bill amends s. 322.15(1), F.S., to require a person to submit his or her physical DL or ID card if a
law enforcement officer is unable to verify a digital credential.
The bill has an effective date of July 1, 2021.
B. SECTION DIRECTORY:
Section 1 Amends s. 322.032, F.S., relating to digital proof of driver license or identification card.
Section 2 Amends s. 322.14, F.S., relating to licenses issued to drivers.
Section 3 Amends s. 322.15, F.S., relating to license to be carried and exhibited on demand.
Section 4 Reenacts s. 322.121, F.S., relating to periodic examination of all drivers.
Section 5 Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
15
The bill defines the term “limited profile” as an electronic credential containing some, but not all, of the information displayed on a
printed driver license or identification card.
16
Eligibility for ID cards is provided in s. 322.051, F.S.
17
The bill defines the term “scanning” as obtaining data from a digital proof of driver license or identification card in an electronic
format.
18
Section 655.005(1)(i), F.S., defines the term “financial institution” as a state or federal savings or thrift association, bank, savings
bank, trust company, international bank agency, international banking corporation, international branch, international representative
office, international administrative office, international trust entity, international trust company representative office, qualified limited
service affiliate, credit union, or an agreement corporation operating pursuant to s. 25 of the Federal Reserve Act, 12 U.S.C. ss. 601 et
seq. or Edge Act corporation organized pursuant to s. 25(a) of the Federal Reserve Act, 12 U.S.C. ss. 611 et seq.
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A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Indeterminate. Businesses who wish to provide electronic verification of a Smart ID will need the retail
reader application installed on a device. Additionally, if the business prefers to integrate the verification
process into their point of sale systems it would require application development to be done by the
business to integrate a retail reader application into their point of sale systems.19
D. FISCAL COMMENTS:
State and local law enforcement agencies will need to train their members and update associated
enforcement policies for the Florida Smart ID. This may have an indeterminate, likely insignificant fiscal
impact on state and local government.20
DHSMV has already undertaken development of the Florida Smart ID through existing law and therefor
already has the resources to continue with the expanded requirements of the bill. Due to this, the fiscal
impact on the DHSMV is minimal and can be handled within existing resources.21
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to impact county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide rulemaking authority, nor does it require rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
19
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 1313, p. 7.
20
Id. at 6.
21
Id.
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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1313 2021
1 A bill to be entitled
2 An act relating to digital driver licenses and
3 identification cards; amending s. 322.032, F.S.;
4 defining terms; requiring the Department of Highway
5 Safety and Motor Vehicles to establish a secure and
6 uniform system for issuing optional digital proofs of
7 driver licenses and identification cards; authorizing
8 the department to contract with one or more private
9 entities to develop an electronic credentialing
10 system; prohibiting such electronic credentialing
11 system from retaining certain information; revising
12 requirements for digital proofs of driver licenses and
13 providing requirements for digital proofs of
14 identification cards; revising the department's
15 rulemaking authority; revising requirements for the
16 issuance of digital proofs of driver licenses and
17 identification cards; authorizing the department to
18 use telephone numbers submitted by licensees and
19 cardholders for specified purposes only; authorizing
20 the department to enter into contracts with private
21 entities for a specified purpose; prohibiting such
22 private entities from storing, selling, or sharing
23 personal information collected from scanning the
24 digital proofs of driver licenses and identification
25 cards; providing an exception by authorizing
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26 individuals to consent to allow private entities to
27 collect and store such personal information; requiring
28 that an individual is informed what information is
29 collected in such scans and the purposes for which the
30 information will be used; authorizing private entities
31 to manually collect personal information from
32 individuals under certain circumstances; providing a
33 civil penalty; providing applicability; conforming
34 provisions to changes made by the act; amending s.
35 322.14, F.S.; conforming a provision to changes made
36 by the act; amending s. 322.15, F.S.; conforming a
37 provision to changes made by the act; requiring a
38 licensee to present or submit his or her printed
39 driver license to a law enforcement officer or an
40 authorized representative of the department under
41 specified circumstances; reenacting s. 322.121(2),
42 F.S., relating to periodic reexamination of all
43 drivers, to incorporate the amendment made to s.
44 322.15, F.S., in a reference thereto; providing an
45 effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Section 322.032, Florida Statutes, is amended
50 to read:
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51 322.032 Digital proof of driver license or identification
52 card.—
53 (1) As used in this section, the term:
54 (a) "Digital proof of driver license" means an electronic
55 credential viewable on an electronic credentialing system.
56 (b) "Digital proof of identification card" means an
57 electronic credential viewable on an electronic credentialing
58 system.
59 (c) "Electronic credentialing system" means a computer
60 system accessed using a computer, a cellular telephone, or any
61 other personal device which queries the department's driver
62 license and identification card records, displays or transmits
63 digital proofs of driver licenses and identification cards, and
64 verifies the authenticity of those electronic credentials.
65 (d) "Limited profile" means an electronic credential
66 containing some, but not all, of the information displayed on a
67 printed driver license or identification card.
68 (e) "Scanning" means obtaining data from a digital proof
69 of driver license or identification card in an electronic
70 format.
71 (2)(a) The department shall establish begin to review and
72 prepare for the development of a secure and uniform system for
73 issuing an optional digital proof of driver license or
74 identification card. The department may contract with one or
75 more private entities to develop an electronic credentialing a
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76 digital proof of driver license system.
77 (b) The electronic credentialing system may not retain
78 Internet protocol addresses, geolocation data, or other
79 information that describes the location, computer, computer
80 system, or computer network from which a customer accesses the
81 system.
82 (3)(a)(2) The digital proof of driver license or
83 identification card established developed by the department or
84 by an entity contracted by the department must be in such a
85 format as to allow verification of law enforcement to verify the
86 authenticity of the digital proof of driver license or
87 identification card. The department may adopt rules to ensure
88 valid authentication of digital driver licenses and
89 identification cards by law enforcement.
90 (b)1. Notwithstanding ss. 322.14, 322.141, 322.142, and
91 any other law prescribing the design for, or information
92 required to be displayed on, a driver license, a digital proof
93 of driver license may comprise a limited profile that includes
94 only information necessary to conduct a specific transaction on
95 the electronic credentialing system.
96 2. Notwithstanding ss. 322.051, 322.141, and any other law
97 prescribing the design for, or information required to be
98 displayed on, an identification card, a digital proof of
99 identification card may comprise a limited profile that includes
100 only information necessary to conduct a specific transaction on
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101 the electronic credentialing system.
102 (4)(3) A person may not be issued a digital proof of
103 driver license or identification card until he or she satisfies
104 all has satisfied all of the requirements of this chapter for
105 issuance of the respective a physical driver license or
106 identification card and has been issued a printed driver license
107 or identification card. The electronic credentialing system
108 must, upon each presentation of a digital driver license or
109 identification card, display or transmit current records for the
110 driver license or identification card. If a licensee's driving
111 privilege is suspended, revoked, or disqualified, or if his or
112 her driver license is otherwise canceled or expired, a digital
113 proof of driver license may not be issued; however, a digital
114 proof of identification card may be issued if the licensee is
115 otherwise eligible for an identification card under s. 322.051
116 as provided in this chapter.
117 (5) The department may use a telephone number submitted by
118 a licensee or cardholder in connection with a digital driver
119 license or identification card only for purposes of
120 communication regarding the digital proof of driver license or
121 identification card or the motor vehicle records, as defined in
122 s. 119.0712(2)(a), of the licensee or cardholder.
123 (6) The department may enter into a contract with a
124 private entity which authorizes online data calls or offline
125 data verification through the electronic credentialing system
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126 that queries the department's driver license and identification
127 card records, displays or transmits digital proofs of driver
128 licenses or identification cards, or verifies the authenticity
129 of such electronic credentials.
130 (7)(a) Except as provided in paragraph (b), a private
131 entity that contracts with the department and that scans a
132 digital proof of driver license or identification card may not
133 store, sell, or share personal information collected from such
134 scanning of the digital proof of driver license or
135 identification card.
136 (b) An individual may consent to allow a private entity to
137 collect and store personal information obtained by scanning his
138 or her digital proof of driver license or identification card.
139 However, the individual must be informed what information is
140 collected and the purpose or purposes for which the information
141 will be used. If the individual does not want the private entity
142 to scan his or her digital proof of the individual's driver
143 license or identification card, the private entity may manually
144 collect personal information from the individual.
145 (c) A private entity that violates this subsection is
146 subject to a civil penalty not to exceed $5,000 per occurrence.
147 (d) This subsection does not apply to a financial
148 institution as defined in s. 655.005(1)(i).
149 (8)(4) A person who:
150 (a) Manufactures a false digital proof of driver license
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151 or identification card commits a felony of the third degree,
152 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
153 (b) Possesses a false digital proof of driver license or
154 identification card commits a misdemeanor of the second degree,
155 punishable as provided in s. 775.082.
156 Section 2. Paragraph (a) of subsection (1) of section
157 322.14, Florida Statutes, is amended to read:
158 322.14 Licenses issued to drivers.—
159 (1)(a) The department shall, upon successful completion of
160 all required examinations and payment of the required fee, issue
161 to every qualified applicant a printed driver license that must
162 bear a color photograph or digital image of the licensee; the
163 name of the state; a distinguishing number assigned to the
164 licensee; and the licensee's full name, date of birth, and
165 residence address; a brief description of the licensee,
166 including, but not limited to, the licensee's gender and height;
167 and the dates of issuance and expiration of the license. A space
168 shall be provided upon which the licensee shall affix his or her
169 usual signature. A license is invalid until it has been signed
170 by the licensee except that the signature of the licensee is not
171 required if it appears thereon in facsimile or if the licensee
172 is not present within the state at the time of issuance.
173 Section 3. Subsection (1) of section 322.15, Florida
174 Statutes, is amended to read:
175 322.15 License to be carried and exhibited on demand;
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176 fingerprint to be imprinted upon a citation.—
177 (1) Every licensee shall have his or her driver license,
178 which must be fully legible with no portion of such license
179 faded, altered, mutilated, or defaced, in his or her immediate
180 possession at all times when operating a motor vehicle and shall
181 present or submit the same upon the demand of a law enforcement
182 officer or an authorized representative of the department. A
183 licensee may present or submit a digital proof of driver license
184 as provided in s. 322.032 in lieu of his or her printed a
185 physical driver license; however, if the law enforcement officer
186 or authorized representative of the department is unable to
187 immediately verify the digital proof of driver license, upon the
188 demand of the law enforcement officer or authorized
189 representative of the department, the licensee must present or
190 submit his or her printed driver license.
191 Section 4. For the purpose of incorporating the amendment
192 made by this act to section 322.15, Florida Statutes, in a
193 reference thereto, subsection (2) of section 322.121, Florida
194 Statutes, is reenacted to read:
195 322.121 Periodic reexamination of all drivers.—
196 (2) For each licensee whose driving record does not show
197 any revocations, disqualifications, or suspensions for the
198 preceding 7 years or any convictions for the preceding 3 years
199 except for convictions of the following nonmoving violations:
200 (a) Failure to exhibit a vehicle registration certificate,
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201 rental agreement, or cab card pursuant to s. 320.0605;
202 (b) Failure to renew a motor vehicle or mobile home
203 registration that has been expired for 6 months or less pursuant
204 to s. 320.07(3)(a);
205 (c) Operating a motor vehicle with an expired license that
206 has been expired for 6 months or less pursuant to s. 322.065;
207 (d) Failure to carry or exhibit a license pursuant to s.
208 322.15(1); or
209 (e) Failure to notify the department of a change of
210 address or name within 10 days pursuant to s. 322.19,
211
212 the department shall cause such licensee's license to be
213 prominently marked with the notation "Safe Driver."
214 Section 5. This act shall take effect July 1, 2021.
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HB 1315
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1315 Pub. Rec./Department of Highway Safety and Motor Vehicles
SPONSOR(S): LaMarca
TIED BILLS: HB 1313 IDEN./SIM. BILLS: SB 1326
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johnson Keating
2) Government Operations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Department of Highway Safety and Motor Vehicles (DHSMV) is in the process of developing optional
digital driver licenses and identification cards, known as Florida Smart ID. HB 1313 (2021), to which this bill is
linked, provides for the creation of and statutory requirements for digital driver licenses and identification cards.
The bill contains public record exemptions related to DHSMV for:
Secure login credentials held by the DHSMV; and
Internet protocol addresses, geolocation data, and other information held by the DHSMV which
describes the location, computer, computer system, or computer network from which a user accesses a
public-facing portal, and the dates and times that a user accesses a public-facing portal.
The bill provides for repeal of the public record exemption on October 2, 2026, unless reviewed and saved
from repeal through reenactment by the Legislature. The bill provides a statement of public necessity as
required by the Florida Constitution.
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill created a public record exemption; thus, it requires a two-thirds vote for final
passage.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1315.TIE
DATE: 3/18/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of article I, section 24(a) of
the Florida Constitution.1 The general law must state with specificity the public necessity justifying the
exemption2 and must be no broader than necessary to accomplish its purpose.3
Public policy regarding access to government records is addressed further in s. 119.07(1)(a), F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record,
unless the record is exempt. Furthermore, the Open Government Sunset Review Act 4 provides that a
public record or public meeting exemption may be created or maintained only if it serves an identifiable
public purpose. In addition, it may be no broader than necessary to meet one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.5
The Open Government Sunset Review Act requires the automatic repeal of a newly created public
record exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
Legislature reenacts the exemption.6
Digital Driver License
The Department of Highway Safety and Motor Vehicles (DHSMV) is in the process of developing a
digital driver license and identification card known as the Florida Smart ID system (Smart ID). Smart ID
has multiple interactions occurring between various system components, including a Credential Service
Provider (CSP), the Smart ID device, and an associated Verifier device.
Customers can use the Smart ID to show proof of identity or age. The application may be downloaded
and installed on a smart device. Once downloaded, a secure enrollment process occurs using
DHSMV’s Virtual Office website. DHSMV will validate identity and eligibility to activate the Florida
Smart ID for use on the device.
HB 1313 (2021) to which this bill is linked requires the DHSMV to establish digital driver licenses and
identification cards. That bill also creates statutory guidelines regarding the digital driver licenses and
identification cards.
Effect of the Bill
The bill amends s. 119.0712(2), F.S., to create public record exemptions for:
1 Art. I, s. 24(c), FLA. CONST.
2 This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3 Art. I. s. 24(c), FLA. CONST.
4 S. 119.15, F.S.
5 S. 119.15(6)(b), F.S.
6 S. 119.15(3), F.S.
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Secure login credentials held by the DHSMV before, on, or after the effective date of the
exemption; and
Internet protocol addresses, geolocation data, and other information held by the DHSMV which
describes the location, computer, computer system, or computer network from which a user
accesses a public-facing portal, and the dates and times that a user accesses a public-facing
portal.
The bill defines the term “secure login credentials” as information collected or issued by DHSMV for
purposes of authenticating a user logging into a user account on a computer, a computer system, a
computer network, or an electronic device, or an online user account accessible over the Internet,
whether through a mobile device, a website, or any other electronic means. The term includes, but is
not limited to: user identifications and passwords; personal identification numbers; security questions
and answers; e-mail addresses; telephone numbers, and human biometric information7 used for
authentication or password recovery.
The bill defines the term “public-facing portal” as a web portal or computer application accessible to the
public over the Internet, whether through a mobile device, website, or other electronic means, which is
established for administering ch. 319, F.S., (motor vehicle titling); ch. 320, F.S., (motor vehicle
licenses); ch. 322, F.S., (driver licenses); ch. 328, F.S., (vessel registration or titling); or any other
provision of law conferring duties upon DHSMV.
The bill provides a public necessity statement as required by article I, section 24(c) of the Florida
Constitution. The statement includes that:
Safeguarding the integrity and accuracy of data systems maintained by DHSMV is of paramount
public importance, as these systems comprise critical information related to driver licenses,
state identification cards, motor vehicles and vessels, and Florida Highway Patrol law
enforcement records and also comprise personal information restricted from public disclosure
by the federal Driver Privacy Protection Act of 1994;8
Accordingly, unauthorized access to those systems poses a serious threat to the integrity and
accuracy of the data contained therein, and the unauthorized disclosure of personal information
contained in those systems may subject users to identity theft, financial harm, or other adverse
impacts.
Development of information technology allows DHSMV to make secure transactions more
readily available to the public through expanded use of online user accounts accessible over the
Internet, including applications such as digital driver licenses, and the public release of secure
login credentials, Internet protocol addresses, and geolocation data would render these data
systems vulnerable to unauthorized access.
To safeguard user accounts from unauthorized access and avert the unauthorized disclosure of
personal information, it is a public necessity that secure login credentials, Internet protocol
addresses, and geolocation data be exempt from public records requirements and, without the
public records exemption, the effective and efficient administration of user accounts would be
hindered.
The bill provides for repeal of the public record exemption on October 2, 2026, unless reviewed and
saved from repeal through reenactment by the Legislature.
B. SECTION DIRECTORY:
Section 1 Amends s. 119.0712, F.S., relating to executive branch agency-exemptions from inspection
or copying of records.
Section 2 Provides a statement of public necessity.
Section 3 Provides a contingent effective date.
7
There is currently a generally applicable public records exemption for biometric information in s. 119.071(5)(g), F.S.
8
18 U.S.C. ss. 2721 et seq., and s. 119.0712(2), F.S.
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DATE: 3/18/2021
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have a negative fiscal impact to DHSMV to comply with public records requests and
redact exempt information prior to releasing a record. Such costs, however, would be absorbed as
part of the day-to-day responsibilities of the agency.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
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 take action requiring
the expenditure of funds, reduce the authority that counties or municipalities have to raise revenue in
the aggregate, nor reduce the percentage of state tax shared with counties or municipalities.
2. Other:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill creates new public record exemptions; thus, it requires a two-thirds vote for final
passage.
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public record
exemption and includes the required public necessity statement.
Breadth of Exemption
Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded public record
or public meeting exemption to be no broader than necessary to accomplish the stated purpose of
the law.
B. RULE-MAKING AUTHORITY:
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The bill does not provide rulemaking, nor does it provide a grant of rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1315 2021
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.0712, F.S.; providing exemptions from public
4 records requirements for secure login credentials,
5 Internet protocol addresses, and geolocation data held
6 by the Department of Highway Safety and Motor
7 Vehicles; providing retroactive application; defining
8 the terms "secure login credentials" and "public-
9 facing portal"; providing for future legislative
10 review and repeal of the exemptions; providing a
11 statement of public necessity; providing a contingent
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Paragraph (e) is added to subsection (2) of
17 section 119.0712, Florida Statutes, to read:
18 119.0712 Executive branch agency-specific exemptions from
19 inspection or copying of public records.—
20 (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
21 (e)1. Secure login credentials held by the Department of
22 Highway Safety and Motor Vehicles are exempt from s. 119.07(1)
23 and s. 24(a), Art. I of the State Constitution. This exemption
24 applies to secure login credentials held by the department
25 before, on, or after the effective date of the exemption. For
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26 purposes of this subparagraph, the term "secure login
27 credentials" means information collected or issued by the
28 department for purposes of authenticating a user logging into a
29 user account on a computer, a computer system, a computer
30 network, or an electronic device; or an online user account
31 accessible over the Internet, whether through a mobile device, a
32 website, or any other electronic means. The term includes, but
33 is not limited to, user identifications and passwords; personal
34 identification numbers; security questions and answers; and e-
35 mail addresses, telephone numbers, and human biometric
36 information used for authentication or password recovery.
37 2. Internet protocol addresses, geolocation data, and
38 other information held by the Department of Highway Safety and
39 Motor Vehicles which describes the location, computer, computer
40 system, or computer network from which a user accesses a public-
41 facing portal, and the dates and times that a user accesses a
42 public-facing portal, are exempt from s. 119.07(1) and s. 24(a),
43 Art. I of the State Constitution. This exemption applies to such
44 information held by the department before, on, or after the
45 effective date of the exemption. For purposes of this
46 subparagraph, the term "public-facing portal" means a web portal
47 or computer application accessible by the public over the
48 Internet, whether through a mobile device, website, or other
49 electronic means, which is established for administering chapter
50 319, chapter 320, chapter 322, chapter 328, or any other
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51 provision of law conferring duties upon the department.
52 3. This paragraph is subject to the Open Government Sunset
53 Review Act in accordance with s. 119.15 and shall stand repealed
54 on October 2, 2026, unless reviewed and saved from repeal
55 through reenactment by the Legislature.
56 Section 2. The Legislature finds that it is a public
57 necessity that secure login credentials, Internet protocol
58 addresses, and geolocation data held by the Department of
59 Highway Safety and Motor Vehicles for purposes of authenticating
60 a user logging into a user account be exempt from s. 119.07(1),
61 Florida Statutes, and s. 24(a), Article I of the State
62 Constitution. The Legislature finds that safeguarding the
63 integrity and accuracy of data systems maintained by the
64 Department of Highway Safety and Motor Vehicles is of paramount
65 public importance. Those systems comprise critical information
66 related to driver licenses, state identification cards, motor
67 vehicles and vessels, and Florida Highway Patrol law enforcement
68 records. Those systems also comprise personal information
69 restricted from public disclosure by the federal Driver's
70 Privacy Protection Act of 1994. Accordingly, unauthorized access
71 to those systems poses a serious threat to the integrity and
72 accuracy of the data contained therein. Moreover, the
73 unauthorized disclosure of personal information contained in
74 those systems may subject users to identity theft, financial
75 harm, or other adverse impacts. The Legislature further finds
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76 that development in information technology allows the Department
77 of Highway Safety and Motor Vehicles to make secure transactions
78 more readily available to the public through expanded use of
79 online user accounts accessible over the Internet, including
80 applications such as digital driver licenses. The public release
81 of secure login credentials, Internet protocol addresses, and
82 geolocation data would render these data systems vulnerable to
83 unauthorized access. The Legislature finds that, to safeguard
84 user accounts from unauthorized access and avert the
85 unauthorized disclosure of personal information, it is a public
86 necessity that secure login credentials, Internet protocol
87 addresses, and geolocation data be exempt from public records
88 requirements and, without the public records exemption, the
89 effective and efficient administration of user accounts would be
90 hindered.
91 Section 3. This act shall take effect on the same date
92 that HB 1313 or similar legislation takes effect, if such
93 legislation is adopted in the same legislative session or an
94 extension thereof and becomes a law.
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HB 1359
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1359 Pub. Rec./Department of Highway Safety and Motor Vehicles
SPONSOR(S): Brannan
TIED BILLS: HB 1151 IDEN./SIM. BILLS: CS/SB 1502
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Johnson Keating
2) Government Operations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The bill creates four public records exemptions, each making confidential and exempt from public disclosure
information received by the Department of Highway Safety and Motor Vehicles (DHSMV) as part of its
investigations of:
Suspected violations by private rebuilt inspection providers, or any contract entered into thereunder by
such a provider;
Suspected violations of ch. 319, F.S., relating to motor vehicle titles, or any rule or order thereunder;
Suspected violations of ch. 320, F.S., relating to motor vehicle registrations and motor vehicle dealer
and manufacturer licensing, or any rule or order thereunder; and
Suspected violations of ch. 322, F.S., relating to driver licenses and identification cards, or any rule or
order thereunder.
The above exemptions shield investigative records until the investigation ceases to be active or administrative
action taken by DHSMV has concluded or been made part of any hearing or court proceeding, after which the
investigative records are no longer confidential and exempt.
The bill provides for repeal of these public record exemptions on October 2, 2026, unless reviewed and saved
from repeal through reenactment by the Legislature. The bill provides a statement of public necessity as
required by the Florida Constitution.
The bill may have an insignificant impact on state government expenditures. The bill does not appear to have a
fiscal impact on local governments or state government revenues.
The bill is effective upon the same date that CS/HB 1151 or similar legislation takes effect, if such legislation is
adopted in the same legislative session or extension thereof and becomes a law.
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill creates new a public record exemptions; thus, it requires a two-thirds vote for final
passage.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1359.TIE
DATE: 3/18/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of article I, section 24(a) of
the Florida Constitution.1 The general law must state with specificity the public necessity justifying the
exemption2 and must be no broader than necessary to accomplish its purpose.3
Public policy regarding access to government records is addressed further in s. 119.07(1)(a), F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record,
unless the record is exempt. Furthermore, the Open Government Sunset Review Act 4 provides that a
public record or public meeting exemption may be created or maintained only if it serves an identifiable
public purpose. In addition, it may be no broader than necessary to meet one of the following purposes:
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.5
The Open Government Sunset Review Act requires the automatic repeal of a newly created public
record exemption on October 2nd of the fifth year after creation or substantial amendment, unless the
Legislature reenacts the exemption.6
DHSMV Investigative Authority
DHSMV has jurisdiction to administer multiple chapters of the Florida Statutes with various degrees of
investigative authority. For example, DHSMV is required to cancel improperly issued certificates of
title,7 but does not appear to have the authority to investigate and examine violations related to motor
vehicle titles.
While DSHMV has the authority to inspect books and records of motor vehicle manufacturer and
dealers,8 it does not appear to have the authority to investigate other violations of ch. 320, F.S., relating
to motor vehicle dealers.
DHSMV also does not appear to have statutory authority to investigate persons suspected of violating
ch. 322, F.S., relating to driver licenses.
Effect of the Bill
1
Art. I, s. 24(c), FLA. CONST.
2
This portion of a public record exemption is commonly referred to as a “public necessity statement.”
3
Art. I. s. 24(c), FLA. CONST.
4
S. 119.15, F.S.
5
S. 119.15(6)(b), F.S.
6
S. 119.15(3), F.S.
7
S. 319.25(1), F.S.
8
S. 320.861, F.S.
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The bill amends ss. 319.1414, 319.25, 320.861, and 322.71, F.S., to provide that information received
by DSHMV as a result of an investigation or examination is confidential and exempt from the disclosure
requirements in s. 119.07(1), F.S., and s. 24(a), Art. I of the State Constitution until the investigation or
examination ceases to be active or administrative action taken by DHSMV has concluded or been
made part of any hearing or court proceeding.
The bill authorizes DHSMV to release investigative records in furtherance of DSHMV’s official duties
and responsibilities or, if released to another governmental agency, in furtherance of that agency’s
official duties and responsibilities.
The bill does not express legislative intent that the exemptions apply retroactively. Therefore, the
exemptions would apply prospectively to records created or received by DSHMV on or after the
effective date of the bill.9
The bill contains a statement of public necessity, as required by article I, section 24(c) of the Florida
Constitution. The public necessity statement provides that the release of information received by
DHSMV as a result of an investigation or examination of violations of ss. 319.1414 and 319.25, F.S.,
and chs. 320 and 322, F.S., could obstruct or jeopardize the integrity of the investigation or examination
and impair the ability of DHSMV to perform its official duties and carry out its responsibilities under
these statutory provisions, thus it is a public necessity to make such information confidential and
exempt from public records requirements.
Each provision is subject to the Open Government Sunset Review Act and stands repealed on October
2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature.
The bill provides that it will become effective upon the same date that CS/HB 1151 or similar legislation
takes effect, if such legislation is adopted in the same legislative session or extension thereof and
becomes a law.
B. SECTION DIRECTORY:
Section 1 Amends s. 319.1414, F.S., to be created in a separate bill, relating to investigations;
subpoenas and other process; oaths; rules.
Section 2 Amends s. 319.25, F.S., relating to cancellation of certificates; investigations; subpoenas
and other process; oaths; rules.
Section 3 Amends s. 320.861, F.S., relating to investigations, subpoenas and other process; oaths;
rules.
Section 4 Amends s. 322.71, F.S., to be created in a separate bill, relating to investigations;
subpoenas and other process; oaths; rules.
Section 5 Provides a statement of public necessity.
Section 6 Provides a contingent effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
9
Memorial Hospital-West Volusia, Inc. v. News-Journal Corporation, 784 So. 2d 438 (Fla. 2001).
STORAGE NAME: h1359.TIE PAGE: 3
DATE: 3/18/2021
2. Expenditures:
The bill may have an insignificant fiscal impact on DHSMV to comply with public records requests
and redact exempt information prior to releasing a record. Such costs, however, would be absorbed
as part of the day-to-day responsibilities of the agency.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
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 take action requiring
the expenditure of funds, reduce the authority that counties or municipalities have to raise revenue in
the aggregate, nor reduce the percentage of state tax shared with counties or municipalities.
2. Other:
Vote Requirement
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly created or expanded public record or public meeting
exemption. The bill creates new public record exemptions; thus, it requires a two-thirds vote for final
passage.
Public Necessity Statement
Article I, section 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record or public meeting exemption. The bill creates a public record
exemption and includes the required public necessity statement.
Breadth of Exemption
Article 1, section 24(c) of the Florida Constitution requires a newly created or expanded public record
or public meeting exemption to be no broader than necessary to accomplish the stated purpose of
the law.
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:
The bill creates a public records exemption for information received by DHSMV as a result of an
investigation or examination pursuant to a provision of law created in a separate bill. Currently, that
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separate bill does not contain provisions authorizing these investigations, but may be subsequently
amended to include this authority.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1359 2021
1 A bill to be entitled
2 An act relating to public records; amending ss.
3 319.1414, 319.25, 320.861, and 322.71, F.S.; providing
4 an exemption from public records requirements for
5 information received by the Department of Highway
6 Safety and Motor Vehicles as a result of an
7 investigation or examination conducted pursuant to
8 certain provisions; authorizing the department to
9 release such information under certain circumstances;
10 providing for future legislative review and repeal of
11 the exemption; providing a statement of public
12 necessity; providing a contingent effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (6) of section 319.1414, Florida
17 Statutes, as created by CS/HB 1151, 2021 Regular Session, is
18 renumbered as subsection (7), and a new subsection (6) is added
19 to that section to read:
20 319.1414 Investigations; subpoenas and other process;
21 oaths; rules.—
22 (6) Information received by the department as a result of
23 an investigation or examination conducted pursuant to this
24 section is confidential and exempt from s. 119.07(1) and s.
25 24(a), Art. I of the State Constitution until the investigation
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26 or examination ceases to be active or administrative action
27 taken by the department has concluded or been made part of a
28 hearing or court proceeding. The department may release
29 information that is made confidential and exempt under this
30 subsection in furtherance of its official duties and
31 responsibilities or, if released to another governmental agency,
32 in the furtherance of that agency's official duties and
33 responsibilities. This subsection is subject to the Open
34 Government Sunset Review Act in accordance with s. 119.15 and
35 shall stand repealed on October 2, 2026, unless reviewed and
36 saved from repeal through reenactment by the Legislature.
37 Section 2. Subsection (8) of section 319.25, Florida
38 Statutes, as created by CS/HB 1151, 2021 Regular Session, is
39 renumbered as subsection (9), and a new subsection (8) is added
40 to that section to read:
41 319.25 Cancellation of certificates; investigations;
42 subpoenas and other process; oaths; rules.—
43 (8) Information received by the department as a result of
44 an investigation or examination conducted pursuant to this
45 section is confidential and exempt from s. 119.07(1) and s.
46 24(a), Art. I of the State Constitution until the investigation
47 or examination ceases to be active or administrative action
48 taken by the department has concluded or been made part of a
49 hearing or court proceeding. The department may release
50 information that is made confidential and exempt under this
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51 subsection in furtherance of its official duties and
52 responsibilities or, if released to another governmental agency,
53 in the furtherance of that agency's official duties and
54 responsibilities. This subsection is subject to the Open
55 Government Sunset Review Act in accordance with s. 119.15 and
56 shall stand repealed on October 2, 2026, unless reviewed and
57 saved from repeal through reenactment by the Legislature.
58 Section 3. Subsection (6) of section 320.861, Florida
59 Statutes, as created by CS/HB 1151, 2021 Regular Session, is
60 renumbered as subsection (7), and a new subsection (6) is added
61 to that section to read:
62 320.861 Investigations; subpoenas and other process;
63 oaths; rules.—
64 (6) Information received by the department as a result of
65 an investigation or examination conducted pursuant to this
66 section is confidential and exempt from s. 119.07(1) and s.
67 24(a), Art. I of the State Constitution until the investigation
68 or examination ceases to be active or administrative action
69 taken by the department has concluded or been made part of a
70 hearing or court proceeding. The department may release
71 information that is made confidential and exempt under this
72 subsection in furtherance of its official duties and
73 responsibilities or, if released to another governmental agency,
74 in the furtherance of that agency's official duties and
75 responsibilities. This subsection is subject to the Open
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76 Government Sunset Review Act in accordance with s. 119.15 and
77 shall stand repealed on October 2, 2026, unless reviewed and
78 saved from repeal through reenactment by the Legislature.
79 Section 4. Subsection (6) of section 322.71, Florida
80 Statutes, as created by CS/HB 1151, 2021 Regular Session, is
81 renumbered as subsection (7), and a new subsection (6) is added
82 to that section to read:
83 322.71 Investigations; subpoenas and other process; oaths;
84 rules.—
85 (6) Information received by the department as a result of
86 an investigation or examination conducted pursuant to this
87 section is confidential and exempt from s. 119.07(1) and s.
88 24(a), Art. I of the State Constitution until the investigation
89 or examination ceases to be active or administrative action
90 taken by the department has concluded or been made part of a
91 hearing or court proceeding. The department may release
92 information that is made confidential and exempt under this
93 subsection in furtherance of its official duties and
94 responsibilities or, if released to another governmental agency,
95 in the furtherance of that agency's official duties and
96 responsibilities. This subsection is subject to the Open
97 Government Sunset Review Act in accordance with s. 119.15 and
98 shall stand repealed on October 2, 2026, unless reviewed and
99 saved from repeal through reenactment by the Legislature.
100 Section 5. The Legislature finds that it is a public
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101 necessity that information received by the Department of Highway
102 Safety and Motor Vehicles as a result of an investigation or
103 examination conducted pursuant to s. 319.1414, s. 319.25,
104 chapter 320 as provided in s. 320.861, and chapter 322 as
105 provided in s. 322.71, Florida Statutes, be made confidential
106 and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
107 Article I of the State Constitution until the investigation or
108 examination ceases to be active or administrative action taken
109 by the department has concluded or been made part of a hearing
110 or court proceeding. The release of such information about a
111 pending investigation or examination of violations of s.
112 319.1414, s. 319.25, chapter 320, and chapter 322, Florida
113 Statutes, could obstruct or jeopardize the integrity of the
114 investigation or examination and impair the ability of the
115 Department of Highway Safety and Motor Vehicles in the
116 performance of its official duties and responsibilities under s.
117 319.1414, s. 319.25, chapter 320, and chapter 322, Florida
118 Statutes. Therefore, the Legislature finds that it is a public
119 necessity to make such information confidential and exempt from
120 public records requirements.
121 Section 6. This act shall take effect on the same date
122 that CS/HB 1151 or similar legislation takes effect, if such
123 legislation is adopted in the same legislative session or an
124 extension thereof and becomes a law.
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PCS for HB 139
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 139 Motor Vehicle and Vessel Registration Data
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee
TIED BILLS: IDEN./SIM. BILLS: SB 754
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Tourism, Infrastructure & Energy Johnson Keating
Subcommittee
SUMMARY ANALYSIS
County tax collectors, as authorized agents of the Department of Highway Safety and Motor Vehicles
(DHSMV), issue motor vehicle and vessel registration certificates, motor vehicle registration license plates and
validation stickers, and vessel numbers and decals to applicants.
The bill requires each third party that has contracted with a tax collector and has online computer access to
DHSMV’s system to enter into a memorandum of understanding with DHSMV.
The bill requires DHSMV to administer funds collected through an existing fee assessed on motor vehicle and
vessel registrations in a manner that ensures that all ancillary technology and other tax collection systems
used by tax collectors protect customer privacy and data.
The bill authorizes DHSMV, upon a tax collector’s request, to provide ancillary technology to integrate other tax
collection systems used by tax collectors in order to provide tax collectors with uniform interface functionalities
for registration renewal transactions performed at a tax collector’s office or online via a tax collector’s website
and provides certain technological requirements. Such data and functionality may only be used for specified
purposes.
The bill may have a negative fiscal impact to state government expenditures. See Fiscal Analysis.
The bill has an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs0139a.TIE
DATE: 3/19/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Tax Collectors
County tax collectors are authorized agents of the Department of Highway Safety and Motor Vehicles
(DHSMV) that issue motor vehicle and vessel registration certificates, motor vehicle registration license
plates and validation stickers, mobile home stickers, and vessel numbers and decals to applicants.1
The law specifies the service fees tax collectors are authorized to collect in exchange for providing
these registration services.2 Each tax collector must keep a full and complete record and account of all
validation stickers, mobile home stickers, vessel decals, or other properties received by him or her from
DHSMV.3
Currently, 65 counties have elected tax collectors who are constitutional officers. Broward and Miami-
Dade Counties have appointed tax collectors under each county’s charter government.4 Sixteen
counties have, or have until recently had, contracts with privately operated license plate agents (LPAs)
to perform registration services for motor vehicles, mobile homes, trailers, and vessels.5
Many tax collectors hire vendors to assist with mailing, cashiering, deploying kiosks, providing online
services, and performing other duties. When requested by a tax collector, DSHMV routinely provides
access to data, both in real-time and through batch processes, to the tax collector’s vendors for the
purpose of providing support to the requesting tax collector. Some of the data provided contains
personal information6 which is confidential pursuant to the federal Driver's Privacy Protection Act
(DPPA) of 1994.7 Such information may be released only as authorized by the DPPA.
To ensure compliance with DPPA, DSHMV practices data minimization, so that personal information
from driver license records is provided to agents and vendors only when it is directly related to a
specified task deemed necessary by DSHMV or Legislature. Once the specified purpose has been
completed, this practice requires that shared data be securely destroyed or otherwise rendered
unreadable. Data minimization also decreases risks of data loss and breaches.8
DHSMV Information Systems
DHSMV’s Florida Real Time Vehicle Information System (FRVIS) is the database application used to
title and register all motor vehicles, mobile homes, trailers, and vessels in Florida. It provides real-time
access to extensive transactional information9 on every motor vehicle, mobile home, trailer, and vessel
and titled or registered in the state to include owner residential and electronic mail addresses.10
Florida law11 requires that FRVIS be installed in every tax collector’s and LPA’s office according to a
schedule established by DHSMV in consultation with the tax collectors and contingent upon funds
being made available for the system. DSHMV administers FRVIS in consultation with the Florida Tax
Collectors, Inc., to ensure that each county tax collector’s office is technologically equipped and
functional for the operation of FRVIS. Only DHSMV, tax collectors, and LPAs have access to FRVIS.
1
Ss. 320.03(1) and 328.73(1), F.S.
2
See s. 320.04.
3
Ss. 320.03(3) and 328.73(2), F.S.
4
Pursuant to s. 1(d), Art. VIII of the State Constitution, Broward and Miami Dade counties will have elected tax collectors effective
January 7, 2025.
5
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 139, p.3.
6
See 18 U.S.C. s. 2725
7
See 18 U.S.C. ss. 2721 et seq.
8
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 139, p.3.
9
Transactional information refers to information used, accessed, or collected for purpose of a customer transaction.
10
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 139, p.3.
11
S. 320.03(4)(b), F.S.
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This access is governed by individual memoranda of understanding (MOUs) between DSHMV and
each tax collector and, if a tax collector has an LPA, by an additional MOU between DHSMV, each
such tax collector, and the LPA contracted with the tax collector. Sections 320.03(5) and 328.73(3),
F.S., impose a 50 cent fee on each motor vehicle, mobile home, and vessel registration to cover the
operation of FRVIS. That fee is deposited into the Highway Safety Operating Trust Fund.12
Access to DSHMV systems and data is governed by various MOUs between DHSMV, tax collectors,
and other third-party entities. The MOUs document how the data will be used and protected, ensuring
compliance with various state and federal laws, including the Driver Privacy Protection Act (DPPA).13
Any tax collector or LPA opening a new office or expanding existing offices initially purchases the
equipment needed for title and registration services. DHSMV periodically refreshes outdated equipment
and pays the cost of the new equipment14 for both tax collector’s and LPA’s offices. LPAs reimburse
DSHMV for recurring costs, such as internet access, for each location, unless the LPA office is
collocated with a tax collector‘s office and the costs are shared.
Motorist Modernization
Phase II of DHSMV’s Motorist Modernization program will redevelop all systems and processes
supporting motor vehicle, mobile home, trailer, and vessel titling and registration. Phase II will be
implemented in two separate releases. The program will first focus on replacing the legacy FRVIS
system with the new “ORION” system for field-office issuances. The program will next focus on
replacing FRVIS functions performed by administrative staff and adding additional motor vehicle
functionality to MyDMVPortal. Phase II is expected to be completed in late 2023 or early 2024.15
Effect of the Bill
The bill requires each third party that has contracted with a tax collector and has online computer
access to DHSMV’s system to enter into a memorandum of understanding with DHSMV.
The bill requires DHSMV to administer funds collected through an existing fee assessed on motor
vehicle and vessel registrations in a manner that ensures that all ancillary technology and other tax
collection systems used by tax collectors protect customer privacy and data.
With respect to motor vehicle and vessel registrations, the bill authorizes DHSMV, upon a tax
collector’s request, to provide ancillary technology to integrate other tax collection systems used by tax
collectors in order to provide tax collectors with uniform interface functionalities for registration renewal
transactions performed at a tax collector’s office or online via a tax collector’s website.
The bill also provides that DHSMV must prescribe the best manner of delivering the data access and
uniform interface functionalities to tax collectors for the purpose of processing registration renewal
transactions and must provide the ability to record and process renewal transactions16 in the state
system in real time and bulk data reporting for vehicle and vessel registrations, including each
applicants e-mail address.17
Such data and functionality may be used only for purposes of fulfilling the tax collector’s statutory duties
pursuant to ch. 319, F.S., (motor vehicle titling); ch. 320, F.S., (motor vehicle registrations); ch. 322
(driver licenses); and ch. 328, F.S. (vessel registration and titling) and may not be resold or used for
any other purpose. This data access and functionality must be developed no later than July 1, 2023.
12
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 139, p.3.
13
Id. at 4.
14
This is contingent on appropriated funds.
15
Department of Highway Safety and Motor Vehicles, Agency Analysis of 2021 House Bill 139, p.4.
16
The bill defines the term “registration renewal transactions” as the issuance of motor vehicle, mobile home, and trailer registration
certificates, registration license plates, motor vehicle registration validation stickers, vessel registration certificates, vessel numbers
and vessel decals.
17
E-mail addresses are collected pursuant to s. 320.95.
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The bill has an effective date of July 1, 2020.
B. SECTION DIRECTORY:
Section 1 Amends s. 320.03, F.S., relating to the registration duties of tax collectors.
Section 2 Amends s. 328.73, F.S., relating to the registration duties of tax collectors.
Section 3 Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
See Fiscal Comments.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may facilitate additional contracts between the county tax collectors and vendors providing
technology services to tax collectors.
D. FISCAL COMMENTS:
The bill provides that the 50 cent fee on each registration allocated to cover the cost of FRVIS is also to
be used to ensure that all ancillary technology and other tax collection systems used by tax collectors
protect customer privacy and data. Depending on the cost of this additional requirement, it may take
funds away from other FRVIS projects, such as new equipment or updated software.
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 of counties or municipalities to raise
revenues in the aggregate; or reduce the percentage sales tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
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DATE: 3/19/2021
The bill does not provide a grant of rulemaking, nor does it require rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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DATE: 3/19/2021
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
PCS for HB 139 2021
1 A bill to be entitled
2 An act relating to motor vehicle and vessel
3 registration data; amending s. 320.03, F.S.; requiring
4 tax collectors or third parties contracted with tax
5 collectors to enter into a memorandum of understanding
6 with the Department of Highway Safety and Motor
7 Vehicles and make certain determinations regarding
8 registration applicants; requiring the department to
9 ensure that certain technology used by tax collectors
10 protects customer privacy and data; authorizing the
11 department to provide certain technology to tax
12 collectors upon request in order to provide data
13 access and uniform interface functionalities for
14 registration renewal transactions; providing
15 requirements; authorizing use of such data and
16 functionality for certain purposes; requiring
17 development of data access and uniform interface
18 functionalities by a certain date; defining the term
19 "registration renewal transactions"; amending s.
20 328.73, F.S.; authorizing the department to provide
21 certain technology to tax collectors upon request in
22 order to provide data access and uniform interface
23 functionalities for registration renewal transactions;
24 providing requirements; authorizing use of such data
25 and functionality for certain purposes; requiring
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26 development of data access and uniform interface
27 functionalities by a certain date; defining the term
28 "registration renewal transactions"; providing an
29 effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraph (a) of subsection (4) and subsection
34 (5) of section 320.03, Florida Statutes, are amended to read:
35 320.03 Registration; duties of tax collectors;
36 International Registration Plan.—
37 (4)(a) Each tax collector, or third party contracted with
38 a tax collector, or license tag agent, who has online computer
39 access to the department's systems or department data center or
40 other reasonable access thereto shall enter into a memorandum of
41 understanding with the department and shall, except when the
42 department has issued a registration renewal notice, upon
43 receipt of an application for the registration of any motor
44 vehicle, determine from the driver file of the applicant whether
45 the applicant's driver license has been canceled, suspended, or
46 revoked and, if so, whether the applicant has surrendered his or
47 her license to the department as required by s. 322.251. If the
48 applicant has not surrendered his or her license in accordance
49 with the provisions of that section, the tax collector shall
50 refuse to register the vehicle until such time as the applicant
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51 surrenders his or her driver license to the department.
52 (5)(a) In addition to the fees required under s. 320.08, a
53 fee of 50 cents shall be charged on every license registration
54 sold to cover the costs of the Florida Real Time Vehicle
55 Information System. The fees collected shall be deposited into
56 the Highway Safety Operating Trust Fund to be used exclusively
57 to fund the system. The fee may only be used to fund the system
58 equipment, software, personnel associated with the maintenance
59 and programming of the system, and networks used in the offices
60 of the county tax collectors as agents of the department and the
61 ancillary technology necessary to integrate the system with
62 other tax collection systems. The department shall administer
63 this program upon consultation with the Florida Tax Collectors,
64 Inc., to ensure that each county tax collector's office is
65 technologically equipped and functional for the operation of the
66 Florida Real Time Vehicle Information System and to ensure that
67 all ancillary technology and other tax collection systems used
68 by tax collectors protect customer privacy and data. Any
69 designated revenue collected to support functions of the county
70 tax collectors and not used in a given year must remain
71 exclusively in the trust fund as a carryover to the following
72 year.
73 (b) Upon a tax collector's request, the department is
74 authorized to provide ancillary technology to integrate other
75 tax collection systems used by tax collectors in order to
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76 provide tax collectors with data access and uniform interface
77 functionalities for registration renewal transactions performed
78 at a tax collector's office or online via a tax collector's
79 website. The department shall prescribe the best manner of
80 delivering the data access and uniform interface functionalities
81 to tax collectors for the purpose of processing registration
82 renewal transactions and shall provide the ability to record and
83 process registration renewal transactions in the state system in
84 real time and bulk data reporting for vehicle registrations,
85 including each applicant's electronic mail address collected
86 pursuant to s. 320.95. Such data and functionality may be used
87 only for purposes of fulfilling the tax collector's statutory
88 duties pursuant to this chapter, chapter 319, chapter 322, or
89 chapter 328 and may not be resold or used for any other purpose.
90 Such data access and uniform interface functionalities shall be
91 developed no later than July 1, 2023. For the purposes of this
92 paragraph, the term "registration renewal transactions" means
93 issuance of motor vehicle, mobile home, and trailer registration
94 certificates, registration license plates, and validation
95 stickers.
96 Section 2. Subsection (1) of section 328.73, Florida
97 Statutes, is amended to read:
98 328.73 Registration; duties of tax collectors.—
99 (1)(a) The tax collectors in the counties of the state, as
100 authorized agents of the department, shall issue registration
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101 certificates and vessel numbers and decals to applicants,
102 subject to the requirements of law and in accordance with rules
103 of the department.
104 (b) Upon a tax collector's request, the department is
105 authorized to provide ancillary technology to integrate other
106 tax collection systems used by tax collectors in order to
107 provide tax collectors with data access and uniform interface
108 functionalities for registration renewal transactions performed
109 at a tax collector's office or online via a tax collector's
110 website. The department shall prescribe the best manner of
111 delivering the data access and uniform interface functionalities
112 to tax collectors for the purpose of processing registration
113 renewal transactions and shall provide the ability to record and
114 process registration renewal transactions in the state system in
115 real time and bulk data reporting for vessel registrations,
116 including each applicant's electronic mail address collected
117 pursuant to s. 320.95. Such data and functionality may be used
118 only for purposes of fulfilling the tax collector's statutory
119 duties pursuant to this chapter, chapter 319, chapter 320, or
120 chapter 322 and may not be resold or used for any other purpose.
121 Such data access and uniform interface functionalities shall be
122 developed no later than July 1, 2023. For the purposes of this
123 paragraph, the term "registration renewal transactions" means
124 vessel registration certificates, vessel numbers, and decals.
125 Section 3. This act shall take effect July 1, 2021.
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PCS for HB 1329
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 1329 Transportation Facility Designations Honoring Fallen Law Enforcement
Officers
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Tourism, Infrastructure & Energy Johnson Keating
Subcommittee
SUMMARY ANALYSIS
State law authorizes legislative designations of transportation facilities for honorary or memorial purposes or to
distinguish a particular facility. The legislative designations do not officially change the current names of the
facilities, nor does the law require local governments and private entities to change street signs, mailing
addresses, or 911 emergency telephone system listings. State law also requires the appropriate city or county
commission to pass a resolution supporting the designation prior to the erection of markers indicating the
designation.
The bill creates 3 honorary designations for various transportation facilities across the state honoring fallen law
enforcement officers and directs the Department of Transportation (DOT) to erect suitable markers for each
designation.
The bill will have an insignificant negative fiscal impact to the State Transportation Trust Fund associated with
erecting suitable markers for the above designations. These costs can be absorbed within DOT’s existing
resources.
The bill has an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs1329.TIE
DATE: 3/18/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Designations
Section 267.062, F.S., provides for the naming of state buildings and other facilities. The statute
provides that except as specifically provided by law, state buildings, roads, bridges, parks, recreational
complexes, and other similar facilities may not be named for a living person.
Section 334.071, F.S., authorizes legislative designations of transportation facilities for honorary or
memorial purposes or to distinguish a particular facility. The legislative designations do not officially
change the current names of the facilities nor does the statute require local governments and private
entities to change street signs, mailing addresses, or 911 emergency telephone-number system
listings.
Road Markers
The Department of Transportation (DOT) must place a marker at each termini or intersection of an
identified road or bridge and erect other markers it deems appropriate for a designated transportation
facility. The appropriate city or county commission must pass a resolution in support of a particular
designation before road markers are erected. Additionally, if the designated road segment extends
through multiple cities or counties, a resolution must be passed by each affected local government.
Effect of the Bill
The bill requires DOT to erect suitable markers for each of the following designations.
Subsection 1 designates that portion of C.R. 611/E. Lake Road between Forelock Road and Keystone
Road in Pinellas County as “Deputy Michael J. Magli Memorial Road.”
Deputy Michael J. Magli was a Pinellas County sheriff’s deputy who was killed in the line of duty on
February 17, 2021. He had served the Pinellas County Sheriff’s Office for eight years.1
Subsection 2 designates that portion of State Road 60 between Interstate 75 and Phillip Lee
Boulevard in Hillsborough County is designated as "Sergeant Brian LaVigne Road."
Sergeant Brian LaVigne was killed on January 11, 2021,when his patrol car was intentionally rammed
by another vehicle on West Lumsden Road, near South King's Avenue, in Brandon. He was killed the
day before his last scheduled shift before retirement.2
Subsection 3 designates that portion of Interstate 275 between E. Sligh Avenue and E. Dr. Martin
Luther King, Jr., Boulevard in Hillsborough County as “Officer Jesse Madsen Memorial Highway.”
Officer Jesse Madsen was killed on March 9, 2021, when he was responding to reports of a vehicle
driving in the wrong direction. He was struck head-on by the wrong-way driver on I-275, near
Hillsborough Avenue.3
B. SECTION DIRECTORY:
Section 1 Creates honorary transportation facility designations; directs DOT to erect suitable markers.
1
Florida House of Representatives and Senate File Legislation to Honor Pinellas County Deputy Michael J. Magli, Press Release,
February 25, 2021.
2
Officer Down Memorial Page, https://www.odmp.org/officer/25051-master-corporal-brian-roy-lavigne (last visited March 9, 2021).
3
Officer Down Memorial Page, https://www.odmp.org/officer/25185-officer-jesse-madsen (last visited March 18, 2021).
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DATE: 3/18/2021
Section 2 Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
DOT estimates a cost of $1,000 per designation for the appropriate markers, which provides for two
signs per designation at $500 per sign.4 Therefore, the bill has an estimated negative fiscal impact
of $3,000 to the State Transportation Trust Fund. This cost can be absorbed within existing DOT
resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
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 affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
4
E-mail from Amanda Marsh, Legislative Programs Office, Department of Transportation, RE: Road Designation Fiscal. January 5,
2020.
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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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DATE: 3/18/2021
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
PCS for HB 1329 2021
1 A bill to be entitled
2 An act relating to transportation facility
3 designations honoring fallen law enforcement officers;
4 providing honorary designations of certain
5 transportation facilities in specified counties;
6 directing the Department of Transportation to erect
7 suitable markers; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Transportation facility designations;
12 Department of Transportation to erect suitable markers.-
13 (1) That portion of C.R. 611/E. Lake Road between Forelock
14 Road and Keystone Road in Pinellas County is designated as
15 "Deputy Michael J. Magli Memorial Road."
16 (2) That portion of State Road 60 between Interstate 75
17 and Phillip Lee Boulevard in Hillsborough County is designated
18 as "Sergeant Brian LaVigne Road."
19 (3) That portion of Interstate 275 between E. Sligh Avenue
20 and E. Dr. Martin Luther King, Jr., Boulevard in Hillsborough
21 County is designated as “Officer Jesse Madsen Memorial Highway.”
22 (4) The Department of Transportation is directed to erect
23 suitable markers designating the transportation facilities as
24 described in this section.
25 Section 2. This act shall take effect July 1, 2021.
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PCS for HB 1329
CODING: Words stricken are deletions; words underlined are additions.
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PCS for HB 1629
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 1629 Transportation Facility Designations
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Tourism, Infrastructure & Energy Johnson Keating
Subcommittee
SUMMARY ANALYSIS
State law authorizes legislative designations of transportation facilities for honorary or memorial purposes or to
distinguish a particular facility. The legislative designations do not officially change the current names of the
facilities, nor does the law require local governments and private entities to change street signs, mailing
addresses, or 911 emergency telephone system listings. State law also requires the appropriate city or county
commission to pass a resolution supporting the designation prior to the erection of markers indicating the
designation.
The bill creates 11 honorary designations for various transportation facilities across the state and directs the
Department of Transportation (DOT) to erect suitable markers for each designation.
The bill will have an insignificant negative fiscal impact to the State Transportation Trust Fund associated with
erecting suitable markers for the above designations. These costs can be absorbed within DOT’s existing
resources.
The bill has an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs1629.TIE
DATE: 3/18/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Designations
Section 267.062, F.S., provides for the naming of state buildings and other facilities. The statute
provides that except as specifically provided by law, state buildings, roads, bridges, parks, recreational
complexes, and other similar facilities may not be named for a living person.
Section 334.071, F.S., authorizes legislative designations of transportation facilities for honorary or
memorial purposes or to distinguish a particular facility. The legislative designations do not officially
change the current names of the facilities nor does the statute require local governments and private
entities to change street signs, mailing addresses, or 911 emergency telephone-number system
listings.
Road Markers
The Department of Transportation (DOT) must place a marker at each termini or intersection of an
identified road or bridge and erect other markers it deems appropriate for a designated transportation
facility. The appropriate city or county commission must pass a resolution in support of a particular
designation before road markers are erected. Additionally, if the designated road segment extends
through multiple cities or counties, a resolution must be passed by each affected local government.
Effect of the Bill
The bill requires DOT to erect suitable markers for each of the following designations.
Subsection 1 designates that portion of S.R. 87 between East Bay Blvd. and U.S. 98 in Santa Rosa
County as “Ira Mae Bruce Memorial Highway.”
Ira Mae Bruce was Santa Rosa County’s first female commissioner and presided over numerous
business and civic organizations. She was also co-broker/owner of Century 21 Island View Realty. Ms.
Bruce passed away on November 30, 2020.1
Subsection 2 designates that portion of Davie Boulevard between S.W. 34th Avenue and S.W. 36th
Avenue in Broward County as "Rubin Stacy Memorial Boulevard."
Rubin Stacy, a black man, died by hanging on July 19, 1935, in Fort Lauderdale, after an unconfirmed
accusation by a white woman.2
Subsection 3 designates Bridge Number 100850 on S.R. 60/Courtney Campbell Causeway over Old
Tampa Bay in Hillsborough County as "Virginia Creighton Bridge."
Virginia (Ginger) Creighton worked in the field of wetland science and was key to developing the
Courtney Campbell Causeway – Old Tampa Bay Water Quality Improvement Project that provided
environmental credit for other DOT projects in the Tampa Bay Area.3 Ms. Creighton passed away on
May 29, 2020.
1
https://www.facebook.com/1619922901599897/posts/santa-rosa-countys-first-female-county-commissioner-has-passed-away-it-is-
with-i/2817435305181978/ (last visited March 11, 2021).
2
Bryan, Susannah, A lynch mob killed a Black man in Fort Lauderdale in 1935. His name was Rubin Stacy. South Florida Sun
Sentinel, September 11, 2020. Available at: https://www.sun-sentinel.com/local/broward/fort-lauderdale/fl-ne-rubin-stacy-lynching-
memorial-20200911-u3f6jg26izerllal7vva6nz3wi-story.html (last visited January 5, 2021).
3
Virginia (Ginger) Creighton Death Notice from the Florida Department of Transportation.
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Subsection 4 designates the interchange at the Florida Turnpike and U.S. 192 in Osceola County as
“Representative Frank Attkisson Interchange."
Representative Frank Attkisson served on the Kissimmee City Commission from 1990-1992, as the
Mayor of Kissimmee from 1996-2000, and in the Florida House of Representatives from 2000-2008.
Representative Attkisson passed away on April 6, 2017.4
Subsection 5 designates that portion of U.S. 19/S.R. 55 between U.S. 41/S.R. 45/Tamiami Trail and
Palm View Road in Manatee County as “Tiffiany Marie Olsen Memorial Highway.”
On December 7, 2005, Tiffiany Marie Olsen was killed in a traffic crash on U.S. 19 in Manatee County.
Following her mother not being notified of her death for several hours, her mother was instrumental in
getting emergency contact information added to a person’s driver license or identification card record.5
Subsection 6 designates that portion of the S.R. A1A between Oakland Park Boulevard and Palm
Avenue in Broward County as ”Pio R. Ieraci Memorial Highway.”
Pio R. Ieraci was a civic leader active in the Broward County Community. He served as the President of
the Galt Ocean Club Condominium Association for over 20 years. Mr. Ieraci passed away on
December 20, 2020.6
Subsection 7 designates that portion of S.R. 520/W. King Street between S.R. 501/Clearlake Road
and S.R. 519/Fiske Boulevard in Brevard County as "Sgt. George Lee Taylor, Sr., Memorial Highway."
Sgt. George Lee Taylor, Sr., served in the United States Army from 1967 to 1971. After returning from
war, Sgt. Taylor founded the National Veterans Homeless Support, which is estimated to have helped
reduce the homeless veteran population in Brevard County by 90 percent. Sgt. Taylor passed away on
May 17, 2020.7
Subsection 8 designates that portion of S.R. 519/Fiske Boulevard between Rosa L. Jones Drive and I-
95 in Brevard County as "Dr. Martin Luther King, Jr., Boulevard."
Dr. Martin Luther King, Jr., was a civil rights leader and the youngest man to have received the Nobel
Peace Prize. Dr. King passed away on April 4, 1968.8
Subsection 9 designates that portion of U.S. 23/Kings Road between Spires Avenue and Tyler Street
in Duval County is designated as "Professor Dock Jackson Jordan and Mrs. Carrie Thomas Jordan
Memorial Highway."
Professor Dock Jackson Jordan served as President of Edward Waters College in Jacksonville from
1895-1897. He later trained black teachers, developed workshops for black educators, and worked for
the advancement of black education. Professor Jordan passed away on October 20, 1943.9
Mrs. Carrie Thomas Jordan was born in Jacksonville in 1870 and was instrumental in rewriting school
curriculum for black students, placing an emphasis on spelling, geography, and nature study. Mrs.
Jordan passed away on August 11, 1968.10
Subsection 10 The bill designates that portion of S.R. 715/Bacom Point Road between W. Morgan
Road and S.W. 14th Street in Palm Beach County as “Deputy Sheriff Donta Manuel and Deputy Sheriff
4
https://www.myfloridahouse.gov/Sections/Representatives/details.aspx?MemberId=4234 (last visited March 4, 2021).
5
https://www.flhsmv.gov/driver-licenses-id-cards/emergency-contact-information-history/ (last visited March 10, 2021).
6
https://www.dignitymemorial.com/obituaries/fort-lauderdale-fl/pio-ieraci-9961464 (last visited March 9, 2021).
7
https://www.dignitymemorial.com/obituaries/cocoa-fl/george-taylor-9187354 (last visited March 10, 2021).
8
https://www.nobelprize.org/prizes/peace/1964/king/biographical/ (last visited March 9, 2021).
9
Biographical information provided to the Transportation & Infrastructure Subcommittee regarding Professor Dock Jackson Jordan
and Mrs. Carrie Thomas Jordan.
10
Id.
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Jonathan Wallace Highway.”
On November 28, 2007, Deputy Sheriff Donta Manuel and Deputy Sheriff Jonathan Wallace were
struck and killed by a patrol car while attempting to remove stop sticks on State Road 715 in Palm
Beach County.11
Subsection 11 designates, upon completion of construction, the interchange at First Coast
Expressway/State Road 23 and Henley Road in Clay County as “Sergeant Eric John Twisdale
Memorial Interchange.”
Sergeant Eric John Twisdale served as a Deputy, Detective, Dive Team Member, and Sergeant
throughout his 22 years with the Clay County Sheriff’s Office. He received numerous awards, including
the Sheriff’s Office Lifesaving Award and Deputy of the Year. 12 Sergeant Twisdale passed away on
September 16, 2020, after contracting Covid-19 during a presumed exposure at the Clay County
Sheriff’s Office.13
The bill has an effective date of July 1, 2021.
B. SECTION DIRECTORY:
Section 1 Creates honorary transportation facility designations; directs DOT to erect suitable markers.
Section 2 Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
DOT estimates a cost of $1,000 per designation for the appropriate markers, which provides for two
signs per designation at $500 per sign.14 Therefore, the bill has an estimated negative fiscal impact
of $11,000 to the State Transportation Trust Fund. This cost can be absorbed within existing DOT
resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
11
Officer Down Memorial Page, https://www.odmp.org/officer/19071-deputy-sheriff-donta-j-manuel (last visited February 1, 2021).
12
Clay County Resolution 2020/2021-41 supporting the designation.
13
Officer Down Memorial Page, https://www.odmp.org/officer/24909-sergeant-eric-john-twisdale (last visited March 18, 2021).
14
E-mail from Amanda Marsh, Legislative Programs Office, Department of Transportation, RE: Road Designation Fiscal. January 5,
2020.
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D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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DATE: 3/18/2021
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
PCS for HB 1629 2021
1 A bill to be entitled
2 An act relating to transportation facility
3 designations; providing honorary designations of
4 certain transportation facilities in specified
5 counties; directing the Department of Transportation
6 to erect suitable markers; providing an effective
7 date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Transportation facility designations;
12 Department of Transportation to erect suitable markers.-
13 (1) That portion of S.R. 87 between East Bay Blvd. and
14 U.S. 98 in Santa Rosa County is designated as "Ira Mae Bruce
15 Memorial Highway."
16 (2) That portion of Davie Boulevard between S.W. 34th
17 Avenue and S.W. 36th Avenue in Broward County is designated as
18 "Rubin Stacy Memorial Boulevard."
19 (3) Bridge number 100850 on S.R. 60/Courtney Campbell
20 Causeway over Old Tampa Bay in Hillsborough County is designated
21 as "Virginia Creighton Bridge."
22 (4) The interchange at the Florida Turnpike and U.S. 192
23 in Osceola County is designated as "Representative Frank
24 Attkisson Interchange."
25 (5) That portion of U.S. 19/S.R. 55 between U.S. 41/S.R.
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PCS for HB 1629
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1629 2021
26 45/Tamiami Trail and Palm View Road in Manatee County is
27 designated as "Tiffiany Marie Olson Memorial Highway."
28 (6) That portion of S.R. A1A between Oakland Park
29 Boulevard and Palm Avenue in Broward County is designated as
30 "Pio R. Ieraci Memorial Highway."
31 (7) That portion of S.R. 520/W. King Street between S.R.
32 501/Clearlake Road and S.R. 519/Fiske Boulevard in Brevard
33 County is designated as "Sgt. George Lee Taylor, Sr., Memorial
34 Highway."
35 (8) That portion of S.R. 519/Fiske Boulevard between Rosa
36 L. Jones Drive and I-95 in Brevard County is designated as "Dr.
37 Martin Luther King, Jr., Boulevard."
38 (9) That portion of U.S. 23/Kings Road between Spires
39 Avenue and Tyler Street in Duval County is designated as
40 "Professor Dock Jackson Jordan and Mrs. Carrie Thomas Jordan
41 Memorial Highway."
42 (10) That portion of S.R. 715/Bacom Point Road between W.
43 Morgan Road and S.W. 14th Street in Palm Beach County is
44 designated as "Deputy Sheriff Donta Manuel and Deputy Sheriff
45 Jonathan Wallace Highway."
46 (11) Upon completion of construction, the interchange at
47 First Coast Expressway/State Road 23 and Henley Road in Clay
48 County is designated as "Sergeant Eric John Twisdale Memorial
49 Interchange."
50 (12) The Department of Transportation is directed to erect
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PCS for HB 1629
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1629 2021
51 suitable markers designating the transportation facilities as
52 described in this section.
53 Section 2. This act shall take effect July 1, 2021.
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PCS for HB 1629
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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE
PCS for HB 1629 by Rep. Williamson
TRANSPORTATION FACILITY DESIGNATIONS
AMENDMENT SUMMARY
MARCH 22, 2021
Amendment 1 by Rep. Williamson (Line 49):
• Designates the Pensacola Police Fallen Heroes Highway in Escambia County.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 1629 (2021)
Amendment No. 1
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: Tourism, Infrastructure &
2 Energy Subcommittee
3 Representative Williamson offered the following:
4
5 Amendment
6 Between lines 49 and 50, insert:
7 (12) That portion of E. Main Street/Bayfront Parkway/E.
8 Gregory Street between S. Tarragona Street and the Pensacola Bay
9 Bridge in Escambia County is designated as "Pensacola Police
10 Fallen Heroes Highway."
PCS for HB 1629 a1
Published On: 3/19/2021 6:20:25 PM
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