Meeting Packet - Tourism, Infrastructure & Energy Subcommittee, January 18, 2022

Summary

A meeting packet of the Tourism, Infrastructure & Energy Subcommittee of the Florida House of Representatives Commerce Committee for Tuesday, January 18, 2022, 2:00 PM, at Reed Hall, with Brad Drake as Chair. The agenda lists HB 145 Recreational Off-Highway Vehicle Weight Limits by Hage, HB 369 Motor Vehicle Registration Certificate Cards by McCurdy, HB 371 by McCurdy, HB 489 Tourism Marketing by Chaney and HB 701 Boating and Vessel Safety by McFarland. The staff analysis of HB 145 states that the bill increases the dry weight allowed for recreational off-highway vehicles from 2,500 pounds to 3,500 pounds, and the analysis of HB 369 describes an optional registration certificate card. The packet closes with Amendment 786701 to HB 701.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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Tourism, Infrastructure & Energy
Subcommittee
Tuesday, January 18, 2022
2:00 pm – 4:00 pm
Reed Hall (102 HOB)

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

Meeting Agenda
Tuesday, January 18, 2022
2:00 PM – 4:00 PM
Reed Hall (102 HOB)

I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):

HB 145 Recreational Off-Highway Vehicle Weight Limits by Hage
HB 369 Motor Vehicle Registration Certificate Cards by McCurdy
HB 371 Fees/Motor Vehicle Registration Certificate Cards by McCurdy
HB 489 Tourism Marketing by Chaney
HB 701 Boating and Vessel Safety by McFarland
V. Closing Remarks

VI. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 145
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 145 Recreational Off-Highway Vehicle Weight Limits
SPONSOR(S): Hage
TIED BILLS: IDEN./SIM. BILLS: SB 474

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee Walsh Keating

2) Commerce Committee

SUMMARY ANALYSIS
In 2002, the T. Mark Schmidt Off-Highway Vehicle Safety and Recreation Act was passed, developing an off-
highway vehicle recreational system of areas and trails on public lands within the state. Current law provides
that the public land managing agency must avoid or minimize adverse impacts to the environment by repairing
and maintaining areas and trails, preventing erosion, and rehabilitating lands from the use of off-highway
vehicles. The public land managing agency may regulate or prohibit the use of off-highway vehicles on public
lands to prevent destruction.

The Florida Department of Highway Safety and Motor Vehicles and its agents (tax collector offices) are
responsible for issuing, handling, and recording off-highway vehicle titling applications and certificates,
including the receipt and accounting of related fees.

Some ROV manufacturers are adding hydrogen and electric models to their lineup. The weight of these new
models has the potential to be greater than the traditional combustion engine models .

The bill increases the dry weight allowed for recreational off-highway vehicles from 2,500 pounds to 3,500
pounds.

The bill may have a positive indeterminate impact on state revenues. The bill does not appear to impact state
or local government expenditures or local government revenues.

The bill has an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

In 2002, the Legislature found that off-highway vehicles were becoming increasingly popular in Florida
and that the use of these vehicles should be controlled and managed to minimize negative effects on
the environment, wildlife habitats, native wildlife, and native flora and fauna. 1 The T. Mark Schmidt Off-
Highway Vehicle Safety and Recreation Act2 was passed, developing an off-highway vehicle
recreational system of areas and trails on public lands 3 within the state.

Current law provides that the public land managing agency must avoid or minimize adverse impacts to
the environment by repairing and maintaining areas and trails, preventing erosion, and rehabilitating
lands from the use of off-highway vehicles. The public land managing agency may regulate or prohibit
the use of off-highway vehicles on public lands to prevent destruction. 4

Florida law requires all off-highway vehicles purchased after July 1, 2002, and all off-highway vehicles
operated on public lands to be titled and be issued a certificate of title to allow for easy determination of
ownership.5 The Florida Department of Highway Safety and Motor Vehicles (DHSMV) and its agents
(tax collector offices) are responsible for issuing, handling, and recording off-highway vehicle titling
applications and certificates, including the receipt and accounting of related fees. 6 Two dollars in
administrative costs per title transaction is deposited in the Highway Safety Operating Trust Fund, and
the rest of the funds for these title transactions are deposited in the Incidental Trust Fund of the Florida
Forest Service of the Department of Agriculture and Consumer Services. 7

Current law defines an off-highway vehicle as any all-terrain vehicle (ATV), two-rider ATV, recreational
off-highway vehicle, or off-highway motorcycle that is used off the roads or highways of this state and
that is not registered and licensed for highway use under ch. 320. 8 The definition of recreational off-
highway vehicle (ROV) found in Florida law distinguishes these vehicles by width, weight, and number
of non-highway tires.9 Under current law, an ROV must:
 Be 80 inches or less in width;
 Have a dry weight of 2,500 pounds or less;
 Be designed to travel on four or more non-highway tires; and
 Be manufactured for recreational use by one or more persons. 10, 11

Any person who commits one of the following violations commits a noncriminal infraction, is subject to a
fine of not less than $100, and may have their privilege to operate an ROV on public lands revoked:12
 Carrying more passengers on an off-highway vehicle than the machine is specifically designed
by the manufacturer to carry;

1 S. 261.02(1), F.S.
2 S. 261.01, F.S.
3 The term “public lands” means lands within the state that are available
for public use and that are owned, operated, or
managed by a federal, state, county, or municipal governmental entity. S. 261.03(7), F.S.
4 S. 261.08, F.S.
5 S. 317.0006, F.S.; See Fla. CS/HB 1681 (2002), p. 75, available at

https://www.flsenate.gov/Session/Bill/2002/1681/BillText/er/HTML (last visited Jan. 14, 2022).
6 Florida Department of Highway Safety and Motor Vehicles, Agency Analysis of 2022 House Bill 145, p. 2 (Nov. 30,

2021); S. 317.1114(1), F.S.
7 Agency Analysis of 2022 House Bill 145 at 2.
8 S. 261.03(5), F.S.
9 S. 261.03(8), F.S.
10 Id.
11 The term “ROV” does not include a golf cart or a low-speed vehicle as defined by current law. See S. 261.03(8), F.S.
12 S. 261.20(6), F.S
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 Operating an ROV while under the influence of alcohol, a controlled substance, or any
prescription or over-the-counter drug that impairs vision or motor condition;
 A person, who has not attained 16 years of age, operating an ROV without wearing eye
protection, over-the-ankle boots, and a safety helmet that is approved by the United States
Department of Transportation or Snell Memorial Foundation; and
 Operating an ROV in a careless or reckless manner that endangers or causes injury or damage
to another person or property.13

Some ROV manufacturers are adding hydrogen and electric models to their lineup. The weight of these
new models has the potential to be greater than the traditional combustion engine models. For
example, Polaris produces the electric powered Ranger EV (dry weight of 1,762 pounds)14 and Ranger
XP Kinetic (dry weight of 1,980 pounds) 15 models; Nikola produces the NTZ model (dry weight of 2,300
to 4,400 pounds depending on motor and battery capacity);16 and Lexus has revealed a new ROV
hydrogen concept model.17

Effect of Proposed Changes

The bill increases the dry weight allowed for recreational off-highway vehicles from 2,500 pounds to
3,500 pounds.

The bill has an effective date of July 1, 2022.

B. SECTION DIRECTORY:
Section 1: Revises the definition of “ROV” in Section 261.03, F.S.

Section 2: Revises the definition of “ROV” in Section 317.0003, F.S.

Section 3: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill may have a positive indeterminate impact to the Highway Safety Operating Trust, since the
bill allows ROVs with a higher dry weight to be titled.18

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

13 S. 261.20(5), F.S.
14 Polaris, Ranger EV, https://ranger.polaris.com/en-us/ranger-ev/ (last visited Jan. 14, 2022).
15 Polaris, Ranger XP Kinetic, https://ranger.polaris.com/en-us/ranger-xp-kinetic-ultimate-polaris-pursuit-camo/specs/
(last
visited Jan. 14, 2022).
16 Nikola Motor, NZT, https://nikolamotor.com/nzt (last visited Jan. 14, 2022); Lucas Cooney, 590-Horsepower Electric

Nik ola NZT Specs, ATV.com, https://www.atv.com/manufacturer/nikola/590 -horsepower-electric-nikola-nzt-specs (last
visited Jan. 14, 2022).
17 Lexus Unveils Hydrogen-Engined ROV Concept, Green Car Congress,

https://www.greencarcongress.com/2021/12/20211204 -lexusrov. html (last visited Jan. 14, 2022).
18 Agency Analysis of 2022 House Bill 145 at 4.
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2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
There could be a positive impact on private sector revenues, since the bill allows ROVs with a higher
dry weight to be titled, and as permitted by the public land management agency, to operate on public
lands.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
Not applicable.

B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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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 145 2022

1 A bill to be entitled
2 An act relating to recreational off-highway vehicle
3 weight limits; amending ss. 261.03 and 317.0003, F.S.;
4 revising the weight limit of a vehicle defined as an
5 "ROV"; providing an effective date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Subsection (8) of section 261.03, Florida
10 Statutes, is amended to read:
11 261.03 Definitions.—As used in this chapter, the term:
12 (8) "ROV" means any motorized recreational off-highway
13 vehicle 80 inches or less in width which has a dry weight of
14 3,500 2,500 pounds or less, is designed to travel on four or
15 more nonhighway tires, and is manufactured for recreational use
16 by one or more persons. The term does not include a golf cart as
17 defined in ss. 316.003 and 320.01 or a low-speed vehicle as
18 defined in s. 320.01.
19 Section 2. Subsection (9) of section 317.0003, Florida
20 Statutes, is amended to read:
21 317.0003 Definitions.—As used in this chapter, the term:
22 (9) "ROV" means any motorized recreational off-highway
23 vehicle 80 inches or less in width which has a dry weight of
24 3,500 2,500 pounds or less, is designed to travel on four or
25 more nonhighway tires, and is manufactured for recreational use

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HB 145 2022

26 by one or more persons. The term does not include a golf cart as
27 defined in ss. 316.003 and 320.01 or a low-speed vehicle as
28 defined in s. 320.01.
29 Section 3. This act shall take effect July 1, 2022.

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HB 369
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 369 Motor Vehicle Registration Certificate Cards
SPONSOR(S): McCurdy
TIED BILLS: HB 371 IDEN. /SIM. BILLS: CS/SB 574

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
Except as otherwise provided by law, every owner or person in charge of a motor vehicle that is operated or
driven on Florida’s roads must register the vehicle. A state-issued registration certificate provides proof that the
vehicle is registered.

The bill requires the application form for motor vehicle registration, renewal, and transfer of a registration to
include language permitting an applicant to request an optional registration certificate card in addition to the
required registration certificate. The bill also amends various statutory provisions to allow registration certificate
card to be used in lieu of a motor vehicle registration certificate.

The bill has a negative fiscal impact to the Department of Highway Safety and Motor Vehicles. HB 371 (2022),
which is linked to this bill, authorizes the imposition of fees for registration certificate cards, which may offset all
or some of the costs to DHSMV.

This bill takes effect on July 1, 2022, but only if HB 371 (2022) or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes a law.

This docum ent 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

Under Florida law, a vehicle must have a valid registration to operate on Florida’s roads. A complete
motor vehicle registration consists of the following and is evidence of having paid the appropriate
registration taxes and fees on a motor vehicle:
 A license plate attached to the vehicle in the designated area;1
 A registration certificate in the possession of the operator of the motor vehicle or carried in the
vehicle at all times;2 and
 A registration decal, which is a sticker that is provided on the registration certificate. The
validation decal should be affixed in the square provided in the upper right-hand corner of the
license plate.3

Upon the receipt of an initial application for registration and payment of the appropriate license tax 4 and
other required fees, DHSMV must assign to the motor vehicle a registration license number and issue
the owner or lessee a registration certificate.5

The motor vehicle registration certificate or other proof of registration must, at all times while the vehicle
is being operated, be in the possession of the motor vehicle operator or be carried in the vehicle. The
certificate must be exhibited upon demand of any authorized law enforcement officer or any agent of
DHSMV. This provision does not apply during the first 30 days after purchase of a replacement vehicle.
A violation is a noncriminal traffic infraction, punishable as a nonmoving violation.6

Effect of the Bill

The bill requires the application for a motor vehicle registration and renewal of registration to include
language permitting an applicant to request a registration certificate card, and authorizes a registration
certificate card to be used in lieu of the required certificate of registration. This card may be issued as
proof of motor vehicle registration. The bill also makes it unlawful to alter a registration certificate card,
with a violation being a noncriminal traffic infraction. The bill amends various statutes to allow a
registration certificate card to be used in lieu of a motor vehicle registration certificate by:
 Authorizing use of for a registration certificate card during reduced registration periods for
persons with a suspended driver license for driving under the influence.
 Authorizing use of a replacement registration card when exchanging the registration for a
replacement vehicle or transferring the vehicle to a surviving spouse.
 Authorizing notations on a registration certificate card indicating that the registration holder has
a license plate for persons with disabilities.
 Authorizing use of a registration certificate card for former military vehicles and the temporarily
employed.
 Authorizing a person to obtain a valid registration certificate card in order to avoid a penalty for
failure to have a valid registration.
 Adding a registration certificate card to the list of documents a person must submit to an
inspector, supervisor, or authorized agent of DHSMV upon request.

The bill also adds failure to exhibit a registration certificate card to the list of nonmoving violations
where one may still have “safe driver” marked on his or her driver license.

1 S. 316.605, F.S.
2 S. 320.0605, F.S.
3 S. 320.06(1)(b), F.S.
4 License taxes are provided for in s. 320.08, F.S., and are based on the weight and type of motor vehicle.
5 S. 320.06(1), F.S.
6 S. 320.0605(1)(a), F.S.

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The bill has an effective date of July 1, 2022, but only if HB 371 (2022) if similar legislation takes effect,
if such legislation is adopted in the same legislative session or an extension thereof and becomes a
law.

HB 371 (2022)

HB 371 (2022), to which this bill is linked, authorizes the collection of a mail service charge for delivery
of a registration certificate card, provides that a registration certificate card application is subject to a
service charge of $2.50, and provides that no additional tax, other than the $4.50 transfer fee, applies
to the transfer or exchange of a new license plate and for the issuance, at the request of the owner, of
a new registration certificate card.

B. SECTION DIRECTORY:
Section 1 Amends s. 320.02, F.S., relating to registration required; application for registration;
forms.

Section 2 Amends s. 320.055, F.S., relating to registration periods; renewal periods.

Section 3 Amends s. 320.06, F.S., relating to registration certificates, registration certificate cards,
license plates, and validation stickers generally.

Section 4 Amends s. 320.0605, F.S., relating to certificate of registration; possession required;
exception.

Section 5 Amends s. 320.0609, F.S., relating to the transfer and exchange of registration license
plates; transfer fee.

Section 6 Amends s. 320.061, F.S., relating to unlawful to alter motor vehicle registration
certificates, registration certificate cards, license plates, temporary license plates, mobile
home stickers, or validation stickers or to obscure license plates; penalty.

Section 7 Amends s. 320.07, F.S., relating to expiration of registration, renewal required; penalties.

Section 8 Amends s. 320.0843, F.S., relating to license plates for persons with disabilities eligible
for permanent disabled parking permits.

Section 9 Amends s. 320.086, F.S., relating to ancient or antique motor vehicles; horseless
carriage, antique or historical license plates; former military vehicles.

Section 10 Amends s. 320.1325, F.S., relating to registration required for the temporarily employed.

Section 11 Amends s. 320.58, F.S., relating to license inspectors; powers, appointment.

Section 12 Amends s. 320.27, F.S., relating to motor vehicle dealers.

Section 13 Amends s. 322.121, F.S., relating to the periodic reexamination of all drivers.

Section 14 Provides a contingent effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:

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None.

2. Expenditures:
DHSMV will incur costs to revise its procedures, update its website, make programming changes,
and update the Florida Highway Patrol’s (FHP’s) enforcement policies and training.7

Assuming one-fourth of all registrants opt for a registration certificate card, DSHMV estimates that
the cost of materials to implement the bill is $632,812.8

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:
This bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill does not define the term “registration certificate card.”

DHSMV asserts may need additional time beyond the July 1, 2022, effective date to implement this bill
due to required programming and the distribution of equipment and materials necessary to print the
new registration certificate card.9

7 Department of Highway Safety and Motor Vehicles, Agency Analysis of House Bill 369, p.6. (Dec. 8, 2021)
8 Id.
9 Id. at 9.

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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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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 369 2022

1 A bill to be entitled
2 An act relating to motor vehicle registration
3 certificate cards; amending s. 320.02, F.S.; requiring
4 the application form for motor vehicle registration
5 and renewal of registration to include language
6 permitting applicants to request registration
7 certificate cards; amending s. 320.055, F.S.;
8 requiring the Department of Highway Safety and Motor
9 Vehicles to issue registration certificate cards to
10 specified motor vehicle owners under certain
11 circumstances; amending s. 320.06, F.S.; requiring the
12 department to issue a registration certificate card to
13 the owner or lessee of a motor vehicle if requested by
14 such owner or lessee; amending s. 320.0605, F.S.;
15 expanding the list of documents required to be in the
16 possession of the operator of a motor vehicle or
17 carried in the vehicle for certain purposes to include
18 registration certificate cards; providing penalties;
19 amending s. 320.0609, F.S.; requiring that
20 registration certificate cards be issued to the owner
21 of a registered vehicle; authorizing registration
22 certificate cards to be transferred by the owner or
23 surrendered under certain circumstances; providing
24 that no additional tax is required to issue a new
25 registration certificate card; authorizing the

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26 surviving spouse of a deceased registered owner of a
27 motor vehicle to request a registration certificate
28 card; amending s. 320.061, F.S.; prohibiting a person
29 from altering the original appearance of a
30 registration certificate card; providing penalties;
31 amending s. 320.07, F.S.; providing that a person who
32 has been assessed certain penalties is not subject to
33 a delinquent fee if the person obtains a valid
34 registration certificate card within a specified
35 timeframe; amending s. 320.0843, F.S.; requiring that
36 eligible applicants for permanent disabled parking
37 permits be noted on registration certificate cards
38 under certain circumstances; amending s. 320.086,
39 F.S.; requiring a registration certificate card to be
40 carried within former military vehicles under certain
41 circumstances; amending s. 320.1325, F.S.; requiring
42 the department to provide a registration certificate
43 card upon request to a person who owns or leases a
44 motor vehicle and who is temporarily employed in this
45 state; amending s. 320.58, F.S.; providing criminal
46 penalties; amending s. 320.27, F.S.; conforming a
47 cross-reference; amending s. 322.121, F.S.; conforming
48 a provision to changes made by the act; providing a
49 contingent effective date.
50

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51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Subsections (15) through (20) of section
54 320.02, Florida Statutes, are renumbered as subsections (16)
55 through (21), respectively, and a new subsection (15) is added
56 to that section to read:
57 320.02 Registration required; application for
58 registration; forms.—
59 (15) The application form for motor vehicle registration
60 and renewal of registration must include language permitting an
61 applicant to request a registration certificate card.
62 Section 2. Paragraph (c) of subsection (1) of section
63 320.055, Florida Statutes, is amended to read:
64 320.055 Registration periods; renewal periods.—The
65 following registration periods and renewal periods are
66 established:
67 (1)
68 (c) Notwithstanding the requirements of paragraph (a), the
69 owner of a motor vehicle subject to paragraph (a) who has had
70 his or her driver license suspended pursuant to a violation of
71 s. 316.193 or pursuant to s. 322.26(2) for driving under the
72 influence must obtain a 6-month registration as a condition of
73 reinstating the license, subject to renewal during the 3 -year
74 period that financial responsibility requirements apply. The
75 registration period begins the first day of the birth month of

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76 the owner and ends the last day of the fifth month immediately
77 following the owner's birth month. For such vehicles, the
78 department shall issue a vehicle registration certificate and,
79 upon the request of the owner, a registration certificate card
80 that are that is valid for 6 months and shall issue a validation
81 sticker that displays an expiration date of 6 months after the
82 date of issuance. The license tax required by s. 320.08 and all
83 other applicable license taxes shall be one-half of the amount
84 otherwise required, except the service charge required by s.
85 320.04 shall be paid in full for each 6-month registration. A
86 vehicle required to be registered under this paragraph is not
87 eligible for the extended registration period under paragraph
88 (b).
89 Section 3. Paragraph (a) of subsection (1) of section
90 320.06, Florida Statutes, is amended to read:
91 320.06 Registration certificates, registration certificate
92 cards, license plates, and validation stickers generally.—
93 (1)(a) Upon the receipt of an initial application for
94 registration and payment of the appropriate license tax and
95 other fees required by law, the department shall assign to the
96 motor vehicle a registration license number consisting of
97 letters and numerals or numerals and issue to the owner or
98 lessee a certificate of registration, a registration certificate
99 card if requested by the owner or lessee, and one registration
100 license plate, unless two plates are required for display by s.

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101 320.0706, for each vehicle so registered.
102 Section 4. Paragraph (a) of subsection (1) of section
103 320.0605, Florida Statutes, is amended to read:
104 320.0605 Certificate of registration; possession required;
105 exception.—
106 (1)(a) The registration certificate or an official copy
107 thereof, a registration certificate card, a true copy or an
108 electronic copy of rental or lease documentation issued for a
109 motor vehicle or issued for a replacement vehicle in the same
110 registration period, a temporary receipt printed upon self-
111 initiated electronic renewal of a registration via the Internet,
112 or a cab card issued for a vehicle registered under the
113 International Registration Plan shall, at all times while the
114 vehicle is being used or operated on the roads of this state, be
115 in the possession of the operator thereof or be carried in the
116 vehicle for which issued and shall be exhibited upon demand of
117 any authorized law enforcement officer or any agent of the
118 department, except for a vehicle registered under s. 320.0657.
119 This section does not apply during the first 30 days after
120 purchase of a replacement vehicle. A violation of this section
121 is a noncriminal traffic infraction, punishable as a nonmoving
122 violation as provided in chapter 318.
123 Section 5. Paragraph (a) of subsection (1), subsection
124 (4), and subsection (7) of section 320.0609, Florida Statutes,
125 are amended to read:

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126 320.0609 Transfer and exchange of registration license
127 plates; transfer fee.—
128 (1)(a) The registration license plate, and certificate of
129 registration, and registration certificate card shall be issued
130 to, and remain in the name of, the owner of the vehicle
131 registered and may be transferred by the owner from the vehicle
132 for which the registration license plate was issued to any
133 vehicle which the owner may acquire within the same
134 classification; or, subject to the procedures set forth in
135 subsection (2), such plate may be surrendered to the department
136 in exchange for a license plate of the appropriate
137 classification, if the replacement vehicle is of a different
138 classification.
139 (4) If the replacement vehicle and the original vehicle to
140 be replaced meet the criteria in paragraph (2)(b), there shall
141 be no additional tax required in order to transfer the
142 registration license plate to the replacement vehicle for the
143 duration of a current registration period and to issue a new
144 registration certificate or registration certificate card.
145 (7) A surviving spouse of a registered owner of any motor
146 vehicle may, upon presenting the death certificate, request a
147 registration certificate, a registration certificate card, and
148 transfer of the registration license plate. If the surviving
149 spouse does not present the death certificate, the department or
150 its agent may verify the necessary information through the

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151 electronic file of death records maintained by the Department of
152 Health.
153 Section 6. Section 320.061, Florida Statutes, is amended
154 to read:
155 320.061 Unlawful to alter motor vehicle registration
156 certificates, registration certificate cards, license plates,
157 temporary license plates, mobile home stickers, or validation
158 stickers or to obscure license plates; penalty.—A person may not
159 alter the original appearance of a vehicle registration
160 certificate, registration certificate card, license plate,
161 temporary license plate, mobile home sticker, or validation
162 sticker issued for and assigned to a motor vehicle or mobile
163 home, whether by mutilation, alteration, defacement, or change
164 of color or in any other manner. A person may not apply or
165 attach a substance, reflective matter, illuminated device,
166 spray, coating, covering, or other material onto or around any
167 license plate which interferes with the legibility, angular
168 visibility, or detectability of any feature or detail on the
169 license plate or interferes with the ability to record any
170 feature or detail on the license plate. A person who violates
171 this section commits a noncriminal traffic infraction,
172 punishable as a moving violation as provided in chapter 318.
173 Section 7. Paragraph (b) of subsection (4) of section
174 320.07, Florida Statutes, is amended to read:
175 320.07 Expiration of registration; renewal required;

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176 penalties.—
177 (4)
178 (b) A person who has been assessed a penalty pursuant to
179 s. 316.545(2)(b) for failure to have a valid vehicle
180 registration certificate is not subject to the delinquent fee
181 authorized by this subsection if such person obtains a valid
182 registration certificate or registration certificate card within
183 10 working days after such penalty was assessed. The official
184 receipt authorized by s. 316.545(6) constitutes proof of payment
185 of the penalty authorized in s. 316.545(2)(b).
186 Section 8. Subsection (1) of section 320.0843, Florida
187 Statutes, is amended to read:
188 320.0843 License plates for persons with disabilities
189 eligible for permanent disabled parking permits.—
190 (1) Any owner or lessee of a motor vehicle who resides in
191 this state and qualifies for a disabled parking permit under s.
192 320.0848(2), upon application to the department and payment of
193 the license tax for a motor vehicle registered under s.
194 320.08(2), (3)(a), (b), (c), or (e), (4)(a) or (b), (6)(a), or
195 (9)(c) or (d), shall be issued a license plate as provided by s.
196 320.06 which, in lieu of the serial number prescribed by s.
197 320.06, shall be stamped with the international wheelchair user
198 symbol after the serial number of the license plate. The license
199 plate entitles the person to all privileges afforded by a
200 parking permit issued under s. 320.0848. When more than one

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201 registrant is listed on the registration issued under this
202 section, the eligible applicant shall be noted on the
203 registration certificate and registration certificate card.
204 Section 9. Subsection (5) of section 320.086, Florida
205 Statutes, is amended to read:
206 320.086 Ancient or antique motor vehicles; horseless
207 carriage, antique, or historical license plates; former military
208 vehicles.—
209 (5) A former military vehicle that is used only in
210 exhibitions, parades, or public display is exempt from the
211 requirement to display a license plate or registration insignia
212 if the exemption is necessary to maintain the vehicle's accurate
213 military markings. However, the license plate and registration
214 certificate or registration certificate card issued under this
215 section must be carried within the vehicle and available f or
216 inspection by any law enforcement officer.
217 Section 10. Section 320.1325, Florida Statutes, is amended
218 to read:
219 320.1325 Registration required for the temporarily
220 employed.—Motor vehicles owned or leased by persons who are
221 temporarily employed within the state but are not residents are
222 required to be registered. Upon payment of the fees prescribed
223 in this section and proof of insurance coverage as required by
224 the applicant's resident state, the department shall provide a
225 temporary registration plate, and a registration certificate,

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226 and, upon request, a registration certificate card valid for 90
227 days to an applicant who is temporarily employed in this state.
228 The temporary registration plate may be renewed one time for an
229 additional 90-day period. At the end of the 180-day period of
230 temporary registration, the applicant shall apply for a
231 permanent registration if there is a further need to remain in
232 this state. A temporary license registration plate may not be
233 issued for any commercial motor vehicle as defined in s. 320.01.
234 The fee for the 90-day temporary registration plate shall be $40
235 plus the applicable service charge required by s. 320.04.
236 Subsequent permanent registration and titling of a vehicle
237 registered hereunder shall subject the applicant to providing
238 proof of Florida insurance coverage as specified in s. 320.02
239 and payment of the fees required by s. 320.072, in addition to
240 all other taxes and fees required.
241 Section 11. Subsection (2) of section 320.58, Florida
242 Statutes, is amended to read:
243 320.58 License inspectors; powers, appointment.—
244 (2) Any person who fails or refuses to surrender his or
245 her driver license, registration certificate, registration
246 certificate card, and license plate upon lawful demand of an
247 inspector, supervisor, or authorized agent of the department
248 commits is guilty of a misdemeanor of the second degree,
249 punishable as provided in s. 775.082 or s. 775.083.
250 Section 12. Paragraph (b) of subsection (9) of section

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251 320.27, Florida Statutes, is amended to read:
252 320.27 Motor vehicle dealers.—
253 (9) DENIAL, SUSPENSION, OR REVOCATION.—
254 (b) The department may deny, suspend, or revoke any
255 license issued hereunder or under the provisions of s. 320.77 or
256 s. 320.771 upon proof that a licensee has committed, with
257 sufficient frequency so as to establish a pattern of wrongdoing
258 on the part of a licensee, violations of one or more of the
259 following activities:
260 1. Representation that a demonstrator is a new motor
261 vehicle, or the attempt to sell or the sale of a demonstrator as
262 a new motor vehicle without written notice to the purchaser that
263 the vehicle is a demonstrator. For the purposes of this section,
264 a "demonstrator," a "new motor vehicle," and a "used motor
265 vehicle" shall be defined as under s. 320.60.
266 2. Unjustifiable refusal to comply with a licensee's
267 responsibility under the terms of the new motor vehicle warranty
268 issued by its respective manufacturer, distributor, or importer.
269 However, if such refusal is at the direction of the
270 manufacturer, distributor, or importer, such refusal shall not
271 be a ground under this section.
272 3. Misrepresentation or false, deceptive, or misleading
273 statements with regard to the sale or financing of motor
274 vehicles which any motor vehicle dealer has, or causes to have,
275 advertised, printed, displayed, published, distributed,

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276 broadcast, televised, or made in any manner with regard to the
277 sale or financing of motor vehicles.
278 4. Failure by any motor vehicle dealer to provide a
279 customer or purchaser with an odometer disclosure statement and
280 a copy of any bona fide written, executed sales contract or
281 agreement of purchase connected with the purchase of the motor
282 vehicle purchased by the customer or purchaser.
283 5. Failure of any motor vehicle dealer to comply with the
284 terms of any bona fide written, executed agreement, pursuant to
285 the sale of a motor vehicle.
286 6. Failure to apply for transfer of a title as prescribed
287 in s. 319.23(6).
288 7. Use of the dealer license identification number by any
289 person other than the licensed dealer or his or her des ignee.
290 8. Failure to continually meet the requirements of the
291 licensure law.
292 9. Representation to a customer or any advertisement to
293 the public representing or suggesting that a motor vehicle is a
294 new motor vehicle if such vehicle lawfully cannot be titled in
295 the name of the customer or other member of the public by the
296 seller using a manufacturer's statement of origin as permitted
297 in s. 319.23(1).
298 10. Requirement by any motor vehicle dealer that a
299 customer or purchaser accept equipment on his or he r motor
300 vehicle which was not ordered by the customer or purchaser.

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301 11. Requirement by any motor vehicle dealer that any
302 customer or purchaser finance a motor vehicle with a specific
303 financial institution or company.
304 12. Requirement by any motor vehicle dealer that the
305 purchaser of a motor vehicle contract with the dealer for
306 physical damage insurance.
307 13. Perpetration of a fraud upon any person as a result of
308 dealing in motor vehicles, including, without limitation, the
309 misrepresentation to any person by the licensee of the
310 licensee's relationship to any manufacturer, importer, or
311 distributor.
312 14. Violation of any of the provisions of s. 319.35 by any
313 motor vehicle dealer.
314 15. Sale by a motor vehicle dealer of a vehicle offered in
315 trade by a customer prior to consummation of the sale, exchange,
316 or transfer of a newly acquired vehicle to the customer, unless
317 the customer provides written authorization for the sale of the
318 trade-in vehicle prior to delivery of the newly acquired
319 vehicle.
320 16. Willful failure to comply with any administrative rule
321 adopted by the department or the provisions of s. 320.131(8).
322 17. Violation of chapter 319, this chapter, or ss.
323 559.901-559.9221, which has to do with dealing in or repairing
324 motor vehicles or mobile homes. Additionally, in the case of
325 used motor vehicles, the willful violation of the federal law

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326 and rule in 15 U.S.C. s. 2304, 16 C.F.R. part 455, pertaining to
327 the consumer sales window form.
328 18. Failure to maintain evidence of notification to the
329 owner or co-owner of a vehicle regarding registration or titling
330 fees owed as required in s. 320.02(18) s. 320.02(17).
331 19. Failure to register a mobile home salesperson with the
332 department as required by this section.
333 Section 13. Paragraph (a) of subsection (2) of section
334 322.121, Florida Statutes, is amended to read:
335 322.121 Periodic reexamination of all drivers.—
336 (2) For each licensee whose driving record does not show
337 any revocations, disqualifications, or suspensions for the
338 preceding 7 years or any convictions for the preceding 3 years
339 except for convictions of the following nonmoving violations:
340 (a) Failure to exhibit a vehicle registration certificate,
341 vehicle registration certificate card, rental agreement, or cab
342 card pursuant to s. 320.0605;
343
344 the department shall cause such licensee's license to be
345 prominently marked with the notation "Safe Driver."
346 Section 14. This act shall take effect July 1, 2022, but
347 only if HB 371 or similar legislation takes effect, if such
348 legislation is adopted in the same legislative session or an
349 extension thereof and becomes a law.

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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

HB 369 by Rep. McCurdy
Motor Vehicle Registration Certificate Cards

AMENDMENT SUMMARY
January 18, 2022

Amendment 1 by Rep. McCurdy (Line 52):

• Defines the term “registration certificate card.”
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 369 (2022)
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 McCurdy offered the following:
4
5 Amendment (with title amendment)
6 Between lines 52 and 53, insert:
7
8 Section 1. Subsection (46) is added to section 320.01,
9 Florida Statutes, to read:
10 320.01 Definitions, general.—As used in the Florida
11 Statutes, except as otherwise provided, the term:
12 (46) "Registration certificate card" means a card, the
13 approximate size of a driver license, which contains all of the
14 information provided on a motor vehicle certificate of
15 registration.
16
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 369 (2022)
Amendment No. 1

17 -----------------------------------------------------
18 T I T L E A M E N D M E N T
19 Remove line 3 and insert:
20 certificate cards; amending s. 320.01, F.S.; defining the term
21 "registration certificate card"; amending s. 320.02, F.S.;
22 requiring

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HB 371
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 371 Fees/Motor Vehicle Registration Certificate Cards
SPONSOR(S): McCurdy
TIED BILLS: HB 369 IDEN./SIM. BILLS: CS/SB 576

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

Except as otherwise provided by law, every owner or person in charge of a motor vehicle that is operated or
driven on Florida’s roads must register the vehicle. A registration certificate provides proof that the vehicle is
registered. HB 369 (2022), to which this bill is linked, requires the application form for motor vehicle registration
and renewal of registration to include language permitting an applicant to request a registration certificate card.
That bill also amends various statutory provisions allowing for a registration certificate card to be used in lieu of
a motor vehicle registration certificate.

This bill provides that a registration certificate card application is subject to a service charge of $2.50, which is
the same fee currently charged for motor vehicle registration certificates. This service charge is retained by the
Department of Highway Safety and Motors (DHSMV) or the county tax collector, depending on the entity
processing the transaction.

This bill authorizes the collection of a mail service charge, identical to the charge applicable to the delivery of
registration certificates, for the delivery of a registration certificate card. The collected mail service charge is
deposited in the Highway Safety Operating Trust Fund.

The bill provides that no additional tax, other than a $4.50 transfer fee, applies to the transfer or exchange of a
new license plate and for the issuance, at the request of the owner, of a new registration certificate card.

The bill has an indeterminate positive fiscal impact to the DHSMV and tax collectors.

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

The bill takes effect on the same date that HB 369 (2022) or similar legislation takes effect, if such legislation is
adopted in the same legislative session or an extension thereof and becomes a law.

This docum ent 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

Legislation Imposing or Raising State Fees or Taxes

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

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

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

HB 369 (2022)

HB 369 (2022), to which this bill is linked, authorizes the creation and issuance of motor vehicle
registration certificate cards and authorizes their use under various circumstances where motor vehicle
registration certificates are now utilized.

Motor Vehicle Registration Service Charges

Florida law authorizes the Department of Highway Safety and Motor Vehicles (DHSMV) and county tax
collectors to, at the request of the applicant, mail motor vehicle registration certificates and renewals.5
DHSMV or the county tax collector may collect a mail service charge for each registration certificate
and validation sticker mailed. The mail service charge is the actual postage required, rounded to the
nearest five cents, plus a 25-cent handling charge. The mail service charge is in addition to any other
service charge and is deposited into the Highway Safety Operating Trust Fund. 6

Florida law imposes a $2.50 service charge on each application that is handled in connection with the
original issuance, duplicate issuance, or transfer of a license plate, mobile home sticker, or validation
sticker or with transfer or duplicate issuance of a registration certificate. This service charge is retained
by DHSMV or the county tax collector that handles the transaction.7

Under Florida law, for a transfer or exchange other than for the sale, trade or transfer of a motor
vehicle, if the replacement vehicle requires the same amount of license tax as the original vehicle being

1 Art. VII, s. 19(a)-(b), Fla. Const.
2 Art. VII, s. 19(d), Fla. Const.
3 Art. VII, s. 19(e), Fla. Const.
4 Art. VII, s. 19(c), Fla. Const.
5 S. 320.031(1), F.S.
6 S. 320.031(2), F.S.
7 S. 320.04(1)(a), F.S.

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replaced, only a transfer fee of $4.50 is required to transfer or exchange a registration license plate and
issue a new registration certificate.8

Effect of the Bill

The bill authorizes application of the current mail service charge for vehicle registrations and renewals
to be collected for the mailing of a registration certificate card.

The bill authorizes the current $2.50 registration service charge for transfer or duplicate issuance of a
registration certificate to be imposed on the issuance or duplicate issuance of a registration certificate
card.

The bill authorizes application of the current $4.50 transfer fee for the transfer or exchange of a
registration license plate and issuance of a new registration card, if the replacement vehicle requires
the same amount of license tax as the original vehicle.

The bill is effective on the same date as HB 369 (2022) or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes a law.

B. SECTION DIRECTORY:
Section 1 Amends s. 320.031, F.S., relating to mailing of registration certificates, registration
certificate cards, license plates, and tax collectors.

Section 2 Amends s. 320.04, F.S., relating to registration service charge.

Section 3 Amends s. 320.0609, F.S., relating to transfer and exchange of registration license plate,
transfer fee.

Section 4 Provides a contingent effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill authorizes the collection of a mail service charge if the registration certificate card is mailed
to the customer. This may result in an indeterminate positive fiscal impact to the Highway Safety
Operating Trust Fund.

For an original issuance, duplicate issuance, or transfer of a registration certificate card, the bill
requires a $2.50 fee. If the transaction is processed by DHSMV, DHSMV retains the fee. This may
result in an indeterminate positive fiscal impact to DHSMV.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
For an original issuance, duplicate issuance, or transfer of a registration certificate card. The bill
requires a $2.50 fee. If the transaction is processed by a county tax collector, the county tax
collector retains the fee. This may result in an indeterminate positive fiscal impact to county tax
collectors.
8 S, 320.0609(5)(a), F.S.

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2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

B. RULE-MAKING AUTHORITY:
This bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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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 371 2022

1 A bill to be entitled
2 An act relating to fees; amending s. 320.031, F.S.;
3 authorizing the Department of Highway Safety and Motor
4 Vehicles and tax collectors to use United States mail
5 service to deliver registration certificate cards;
6 authorizing the department to collect a mail service
7 charge for mailed registration certificate cards;
8 requiring registration certificate cards to be mailed
9 by first-class mail under certain circumstances;
10 amending s. 320.04, F.S.; imposing a specified service
11 charge for the transfer or duplicate issuance of a
12 registration certificate card; amending s. 320.0609,
13 F.S.; specifying a transfer fee for the issuance of a
14 new registration certificate card under certain
15 circumstances; providing a contingent effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 320.031, Florida Statutes, is amended
20 to read:
21 320.031 Mailing of registration certificates, registration
22 certificate cards, license plates, and validation stickers.—
23 (1) The department and the tax collectors of the several
24 counties of the state may at the request of the applicant use
25 United States mail service to deliver registration certificates

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26 and registration certificate cards and renewals thereof, license
27 plates, mobile home stickers, and validation stickers to
28 applicants.
29 (2) A mail service charge may be collected for each
30 registration certificate, registration certificate card, license
31 plate, mobile home sticker, and validation sticker mailed by the
32 department or any tax collector. Each registration certificate,
33 registration certificate card, license plate, mobile home
34 sticker, and validation sticker shall be mailed by first -class
35 mail unless otherwise requested by the applicant. The amount of
36 the mail service charge shall be the actual postage required,
37 rounded to the nearest 5 cents, plus a 25-cent handling charge.
38 The mail service charge is in addition to the service charge
39 provided by s. 320.04. All charges collected by the department
40 under this section shall be deposited into the Highway Safety
41 Operating Trust Fund.
42 Section 2. Paragraph (a) of subsection (1) of section
43 320.04, Florida Statutes, is amended to read:
44 320.04 Registration service charge.—
45 (1)(a) A service charge of $2.50 shall be imposed on each
46 application that is handled in connection with original
47 issuance, duplicate issuance, or transfer of a license plate,
48 mobile home sticker, or validation sticker or with transfer or
49 duplicate issuance of a registration certificate or a
50 registration certificate card. This service charge shall be

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51 retained by the department or by the tax collector, as the case
52 may be, as other fees accruing to those offices.
53 Section 3. Paragraph (a) of subsection (5) of section
54 320.0609, Florida Statutes, is amended to read:
55 320.0609 Transfer and exchange of registration license
56 plates; transfer fee.—
57 (5) For a transfer or exchange other than one specified in
58 paragraph (2)(b), the following provisions apply:
59 (a) If the replacement motor vehicle requires the same
60 amount of license tax under s. 320.08 as the original vehicle to
61 be replaced, no additional tax other than the transfer fee of
62 $4.50, accompanied by an application for transfer on a form
63 supplied by the department, is required to transfer or exchange
64 a registration license plate for use on a replacement vehicle
65 for the duration of a current registration period and to issue a
66 new certificate of registration and, at the request of the
67 owner, a new registration certificate card.
68 Section 4. This act shall take effect on the same date
69 that HB 369 or similar legislation takes effect, if such
70 legislation is adopted in the same legislative session or an
71 extension thereof and becomes a law.

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TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

HB 371 by Rep. McCurdy
Fees/Motor Vehicle Registration Certificate Cards

AMENDMENT SUMMARY
January 18, 2022

Amendment 1 by Rep. McCurdy (Line 52):

• Clarifies that the $2.50 service charge is imposed on each original or duplicate
issuance or transfer of a registration certificate card.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 371 (2022)
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 McCurdy offered the following:
4
5 Amendment
6 Remove lines 49-51 and insert:
7 duplicate issuance of a registration certificate. A service
8 charge of $2.50 shall be imposed on each original or duplicate
9 issuance or transfer of a registration certificate card. A This
10 service charge under this paragraph shall be retained by the
11 department or by the tax collector, as the case

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HB 489
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 489 Tourism Marketing
SPONSOR(S): Chaney
TIED BILLS: IDEN./SIM. BILLS: SB 434

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee Walsh Keating

2) Commerce Committee

SUMMARY ANALYSIS
The Florida Tourism Industry Marketing Corporation, better known as VISIT FLORIDA, is a state-funded non-
profit corporation that serves as Florida’s destination marketing organization, in conjunction with the Division of
Tourism Marketing within Enterprise Florida, Inc.

VISIT FLORIDA is authorized by statute and requires an annual appropriation to support its operations. The
current statutory authorization is scheduled for repeal on October 1, 2023, unless reviewed and saved from
repeal by the Legislature.

Under the bill, the scheduled repeal date for VISIT FLORIDA and the Division of Tourism Marketing is
extended from October 1, 2023, to October 1, 2028.

The bill takes effect upon becoming law.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Enterprise Florida Inc. and VISIT FLORIDA

Enterprise Florida, Inc., (EFI) is a non-profit corporation created to act as the state’s economic
development organization, using expertise from both the private and public sectors. EFI is not a unit or
entity of state government.1

EFI is statutorily required to maintain divisions related to the following areas:
 International Trade and Business Development;
 Business Retention and Recruitment;
 Tourism Marketing;
 Minority Business Development; and
 Sports Industry Development.2

EFI’s Division of Tourism Marketing is the entity created through statute that interacts and contracts
with its direct support organization,3 the Florida Tourism Industry Marketing Corporation. The Florida
Tourism Industry Marketing Corporation was created by the legislature in 1996 and is otherwise known
by the service mark “VISIT FLORIDA,” which operates as a non-profit corporation that serves as
Florida’s statewide destination marketing organization, representing the state’s tourism industry. 4 In
practice, VISIT FLORIDA (VF) is EFI’s tourism marketing division. The division is staffed by VF, but that
staff is not employed by EFI.5 VF’s primary responsibilities include:
 Administering domestic and international advertising campaigns;
 Coordinating domestic and international marketing activities;
 Coordinating marketing efforts with local tourism marketing organizations;
 Managing Florida’s four welcome centers;
 Conducting research on tourism and travel trends;
 Administering marketing activities for Veterans Florida;6 and
 Marketing to assist the state following critical events, such as storms. 7

Through a contractual relationship with the Department of Economic Opportunity (DEO), VF is held to
performance measures and standards. VF’s 31-member board of directors is appointed by DEO in
conjunction with EFI and meets three times a year to provide guidance, input, and insight to, and work
directly with VF executive staff.8 VF’s board of directors is composed of 16 regional members, with at
least two representing each of six statutorily designated geographic areas of the state, and 15
additional tourism industry related members that serve two-year terms, including:

1 S. 288.901(1) and (2), F.S.
2 S. 288.92(1), F.S.
3 “Direct support organization” means a not-for-profit Florida corporation incorporated under the provisions of chapter 617,

F.S., and authorized by Florida law to exist as a direct support organization to benefit or provide assistance to a
governmental entity. See State of Florida Auditor General, Audits of Certain Nonprofit Organizations, Rules of the Auditor
General (Jun. 30, 2021), available at https://flauditor.gov/pages/pdf_files/10_700.pdf (last visited Jan. 6, 2022).
4 S. 288.1226, F.S. The fictitious name “VISIT FLORIDA” is registered with the Department of State, registration no.

G18000088414.
5 S. 288.923(5), F.S.
6 Veterans Florida is a non-profit corporation created by the State of Florida to help military veterans transition to civilian

life and to promote Florida’s status as the nation’s most veteran-friendly state. See Veterans Florida, About Us,
https://www.veteransflorida.org/about/ (last visited Jan. 14, 2022).
7 Office of Program Policy Analysis and Government Accountability, Florida Economic Development Program Evaluations

– Year 8, 13 (December 2020), available at https://oppaga.fl.gov/Documents/Reports/20 -08.pdf (last visited Jan. 6, 2022).
8 Id. at 12.
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 One from the statewide rental car industry;
 Seven from tourist-related statewide associations;9
 Three from county destination marketing organizations;
 One from the cruise industry;
 One from an automobile and travel services membership organization;10
 One from the airline industry; and
 One from the space tourism industry.11

VF is required to develop a four-year marketing plan12 for the state that addresses
issues such as continuation of tourism growth in Florida, expansion to new or underrepresented
markets, coordination with local and private sector partners on tourism advertising, and
addressing emergency responses to disasters from a marketing standpoint. 13

VF also administers a number of grant programs that provide organizations and state agencies funding
for certain tourism-related activities. In the 2018-2019 fiscal year, grant funds averaged $2,250,087,
which is nearly $2.0 million more than in the 2017-2018 fiscal year. However, this is primarily due to the
$1.9 million spent on two special grant programs for Hurricane Michael and red tide in fiscal year 2018-
2019.14

For the 2021-2022 fiscal year, VF received a total appropriation of $75 million.15 Payments are made to
VF through EFI from DEO. VF enters into a funding agreement with EFI and DEO and an operating
agreement with EFI.16

As a public-private partnership, VF is required to obtain private sector contributions to match public
contributions. Eligible matching contributions come from four categories:
 Direct cash contributions;
 Fees for services;
 Cooperative advertising, which is limited to partner expenditures for paid media placement and
actual market value of contributed products, air time, and print space; and
 In-kind contributions, which is limited to the actual market value of promotional contributions of
partner-supplied benefits or of non-partner supplied airtime or print space.17

Both VF and the Division of Tourism Marketing will sunset on October 1, 2023, unless reviewed and
saved from repeal by the Legislature.18

Economic Development Programs Evaluations

Pursuant to s. 288.001(2) (b), F.S., the Office of Economic and Demographic Research (EDR) and the
Office of Program Policy Analysis and Government Accountability (OPPAGA) must provide a detailed

9 This includes tourist-relatedassociations that represent hotels, campgrounds, county destination marketing
organizations, museums, restaurants, retail, and attractions . See S. 288.1226(4) (b).
10 Such organization must have at least 2.8 million members in Florida. See Id.
11 S. 288.1226(4), F.S.
12 This plan is annual in construction and ongoing in nature. See S. 288.923(4)(c), F.S.
13 S. 288.923(4)(c), F.S.
14 Florida Economic Development Program Evaluations – Year 8 at 15.
15 Specific Appropriation 2244, s. 6, ch. 2021-36, Laws of Fla.; S.A. 2244, s. 152, ch. 2021-36, Laws of Fla.
16 See Funding Agreement SB22-003 - Agreement between the Department of Economic Opportunity, Enterprise Florida,

Inc., and the Florida Tourism Industry Mark eting Corporation, executed October 4, 2021, available at
https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId= 400000&ContractId=S0165 (last visited Jan. 7, 2022);
Funding Agreement SB22-002 – Grant Agreement , executed November 19, 2021, available at
https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId= 400000&ContractId=S0170 (last visited Jan. 7, 2022).
17 S. 288.1226(6), F.S.
18 Ss. 288.1226(14) and 288.923(6), F.S.
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analysis of certain economic development programs according to a recurring schedule established by
law. VF’s most recent evaluation was completed in January 2021 and covered fiscal years 2016-2017,
2017-2018, and 2018-2019.19

OPPAGA Review

OPPAGA evaluates programs for effectiveness and value to the state taxpayers and to provide
recommendations for consideration by the Legislature. The most recent OPPAGA review determined
that between 2010 and 2019 Florida outpaced several other states in tourism growth, showing a
significant competitive advantage compared to other states with strong tourism industries, such as
California, Nevada, New York and Texas.20

VF continually met the statutorily required one-to-one match of public and private funding. Over the
review period, 83 percent of private sector contributions were in the form of industry-contributed
promotional value.21 On average, 59 percent of VF’s expenditures are on media and industry
cooperative advertising, with most of the remaining expenditures comprised of fees and services and
salaries and benefits.22

VF’s paying partners, which include members of the hospitality, entertainment, and outdoor recreation
industries, have expressed overall support for the agency’s mission and services. 23

EDR Review

EDR is required to analyze the economic benefits of the programs included in OPPAGA’s program
evaluation. EDR’s most recent analysis found that, from the state’s investment of $228 million over the
review period of 2016 to 2019, VF contributed approximately $15.85 billion to Florida’s GDP and
$744.64 million in state revenue.24

Although it is difficult to determine VF’s precise influence on the state’s tourism industry compared to
that of other marketing efforts, EDR approximated that VF was responsible for 9.05 percent of all
marketing-influenced tourists over the review period.25 This amounted to an estimated 19.92 million
tourists being accredited to VF’s marketing efforts over the review period. 26

Effect of the Bill

The bill extends the scheduled repeal date for the Florida Tourism Industry Marketing Corporation
(VISIT FLORIDA) and Enterprise Florida’s Division of Tourism Marketing from October 1, 2023, to
October 1, 2028.

The bill takes effect upon becoming law.

B. SECTION DIRECTORY:
Section 1: Changes the repeal date for the Florida Tourism Industry Marketing Corporation.

Section 2: Changes the repeal date for the Division of Tourism Marketing.

19 Office of Economic and Demographic Research, Return on Investment for VISIT FLORIDA, 1 (January 2021), available
at http://edr.state.fl.us/Content/returnoninvestment/Tourism2021.pdf (last visited Jan. 7, 2022).
20 Florida Economic Development Program Evaluations – Year 8 at 11.
21 Id. at 14.
22 Id. at 15.
23 Id. at 20.
24 Return on Investment for VISIT FLORIDA at 30.
25 Id. at 24.
26 Id.
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Section 3: Provides that the bill shall take effect upon becoming law.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
See Fiscal Comments.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
The five-year average of appropriations to VF is $65.4 million.27 If VF’s authorization is repealed on
October 1, 2023, the dissolved entity’s assets, after all legal liabilities and obligations have been paid or
adequate provisions have been made, will revert to the state.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

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

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

27 Chapter 2021-036,s. 152, Specific Appropriation 2251, Laws of Fla.; Ch. 2020-111, SA 2294, s. 6, Laws of Fla.; Ch.
2019-115, SA 2328, s. 6, Laws of Fla.; Ch. 2018-9, SA 2239, s. 6, Laws of Fla.; Ch. 2017-233, s. 26, Laws of Fla.
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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 489 2022

1 A bill to be entitled
2 An act relating to tourism marketing; amending s.
3 288.1226, F.S.; revising the scheduled repeal date of
4 the Florida Tourism Industry Marketing Corporation;
5 amending s. 288.923, F.S.; revising the scheduled
6 repeal date of the Division of Tourism Marketing
7 within Enterprise Florida, Inc.; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (14) of section 288.1226, Florida
13 Statutes, is amended to read:
14 288.1226 Florida Tourism Industry Marketing Corporation;
15 use of property; board of directors; duties; audit. —
16 (14) REPEAL.—This section is repealed October 1, 2028
17 2023, unless reviewed and saved from repeal by the Legislature.
18 Section 2. Subsection (6) of section 288.923, Florida
19 Statutes, is amended to read:
20 288.923 Division of Tourism Marketing; definitions;
21 responsibilities.—
22 (6) This section is repealed October 1, 2028 2023, unless
23 reviewed and saved from repeal by the Legislature.
24 Section 3. This act shall take effect upon becoming a law.

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CODING: Words stricken are deletions; words underlined are additions.
hb0489-00
HB 701
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 701 Boating and Vessel Safety
SPONSOR(S): McFarland
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Tourism, Infrastructure & Energy Subcommittee Neuffer Keating

2) Environment, Agriculture & Flooding
Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The Florida Fish and Wildlife Conservation Commission (FWC) regulates, manages, and conserves the fish
and wildlife resources within the state. Within the FWC, the Division of Law Enforcement enforces boating
rules and regulations, coordinates boating safety campaigns and education, and investigates boating
accidents.

Any person born on or after January 1, 1988, who wishes to operate a vessel powered by a motor 10
horsepower or greater must complete a boating safety education course approved by the National Association
of State Boating Law Administrators (NASBLA). The NASBLA provides minimum standards which are
reviewed every five years and apply to all basic boating courses across the U.S. and its territories.

In 2018, federal law went into effect requiring operators of vessels less than 26 feet in length and with three or
more horsepower to employ an engine cut-off switch if installed on the vessel. Florida has a similar law but with
regard only to jet skis.

The bill requires that FWC include as components in boating safety education campaigns and education
material, as appropriate, the following:
 The dangers of passengers sitting in areas not designed and designated for seating.
 The operation of a boat with persons in the water nearby.
 The dangers of starting a vessel with the engine in gear.
 The risks of leaving a vessel running while passengers are onboarding or disembarking.
 The proper use and benefits of an engine cut-off switch for motorboats and personal
watercrafts.

The bill also requires that instructors of water sports or activities which involve people participating from the
water wear an engine cut-off switch.

The bill does not have an impact on state or local government revenues. The bill does not have an impact on
local government expenditures. The bill may have an insignificant fiscal impact on state government
expenditures.

The bill provides an effective date of July 1, 2022.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0701.TIE
DATE: 1/14/2022
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

The Florida Fish and Wildlife Conservation Commission (FWC) regulates, manages, and conserves the
fish and wildlife resources within the state.1 The Division of Law Enforcement within the FWC is tasked
with the enforcement of boating rules and regulations, coordinating boating safety campaigns and
education, and investigating boating accidents.

Any person born on or after January 1, 1988, must complete a boating safety education course
approved by the National Association of State Boating Law Administrators (NASBLA) in order to
operate a vessel powered by a motor of 10 horsepower or greater. 2 Any operator required by statute to
complete the boating safety education course must carry a boating education ID card and a photo ID
while operating any qualifying vessel.3

NASBLA provides minimum standards that apply to all basic boating courses in the U.S. and its
territories.4 The minimum standards are reviewed every five years with the purpose of establishing a
national standard for all courses across the nation. Under current NASBLA standards, courses must
describe state-required equipment, such as engine cut-off lanyards or bailing devices.5 Courses must
additionally cover boat operation, trip planning, and emergency preparation. 6 There are several courses
within the state of Florida which meet NASBLA’s 8-hour instruction requirement, ranging from no cost
to $50.7 A boating safety education course card is valid for life unless it was obtained through a
temporary examination, in which instance it is valid for only 90 days.8

Florida law specifies certain equipment and lighting standards for all vessels operated in the waters of
the state, and identifies the equipment which must be carried, stored, maintained, and used in
accordance with current United States Coast Guard (USCG) safety equipment requirements.9

Federal law requires any individual operating a covered recreational vessel10 to use an engine cut-off
switch link while operating on plane or above displacement speed. 11 Any manufacturer, distributer, or
dealer of propulsion machinery associated with starting controls on a covered recreational vessel must
equip such vessel with an engine cut-off switch and an engine cut-off switch link.12 Engine cut-off
switches are normally coiled bungee cords but can also be electronic wireless devices. They operate to
shut off the engine if the operator is separated from the operating area, reducing the dangers created
by a runaway vessel or impact with the spinning propeller. 13 A person in violation of this law is liable for
a civil penalty to the United States Government of not more than $100 for the first offense,14 $250 for

1 Art. IV, s. 9, Fla. Const.
2 See s. 327.395(6)(a)-(g), F.S., (listing exemptions from the boating safety education course requirement).
3 S. 327.395(2), F.S.
4 See ANSI/NASBLA, 103-2016: Basic Boating Knowledge – Power (November 18, 2015).
5 See National Association of State Boating Law Administrators, NASBLA Policy: Basic Boating Education Course

Approval (September 13, 2016) (describing the minimum educational requirements of a boating course for NASBLA
approval).
6 Id.
7 FWC, Boating Safety Courses, https://myfwc.com/boating/safety-education/courses/ (last visited January 4, 2022).
8 S. 327.395(5), F.S.
9 S. 327.50, F.S.
10 See 46 U.S.C. § 4312(e)(1) (defining covered recreational vessel as a recreational vessel that is less than 26 feet

overall in length and capable of developing 115 pounds or more of static thrust); see 46 U.S.C. § 4312(e)(6) (defining
static thrust as the forward or backwards thrust developed by propulsion machinery while stationary).
11 46 U.S.C. § 4312(b).
12 46 U.S.C. § 4312(a).
13 USCG, Engine Cut-Off Switches, supra.
14 46 U.S.C. § 4311(c)(1).
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the second offense,15 and $500 for any subsequent offense.16 Although the law did not go into effect
until 2018, most U.S. boat manufacturers had already voluntarily installed engine cut-off switches on
their boats.17 Exceptions are provided for vessels if the main helm is within an enclosed cabin, or if the
vessel is not required to have an engine cut-off switch.18

Florida’s current law provides a similar mandate but only for personal watercraft, commonly identified
as jet skis.19

Effect of Proposed Changes

In 2020, there were 836 boating accidents in the state of Florida.20 Of those accidents, 79 resulted in
fatalities, with 69% of operators having no formal boater education. 21

The bill expands the list of topics that must be covered in FWC boating safety education campaigns
and commission materials to include:
 The dangers of passengers sitting in areas not designed and designated for seating.
 The operation of a boat with persons in the water nearby.
 The dangers of starting a vessel with the engine in gear.
 The risks of leaving a vessel running while passengers are onboarding or disembarking.
 The proper use and benefits of an engine cut-off switch for motorboats and personal
watercrafts.

The bill also requires the instructor of a water sport or activity which causes participants to be in the
water to wear an engine cut-off switch link. The bill does not provide a legal penalty for failure to comply
with the bill.

B. SECTION DIRECTORY:
Section 1 Amends s. 327.395, F.S.; relating to boating safety education.

Section 2 Amends s. 327.50, F.S.; relating to vessel safety regulations.

Section 3 Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:

15 46 U.S.C. § 4311(c)(2).
16 46 U.S.C. § 4311(c)(3).
17 United States Coast Guard, Engine Cut-Off Switches, https://uscgboating.org/recreational-boaters/engine-cut-off-
devices.php (last visited January 4, 2022).
18 46 U.S.C. § 4312(b)(2).
19 S. 327.39, F.S.; see s. 327.02(37) (defining “personal watercraft” as a vessel less than 16 feet in length which uses an

inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by
a person sitting, standing, or kneeling on the vessel).
20 Florida Fish and Wildlife Conservation Commission, 2020 Boating Accident Statistical Report, 2020,

https://myfwc.com/media/26463/2020-basr-booklet.pdf (last visited January 13, 2022).
21Id.
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The bill appears to have an insignificant impact to FWC expenditures necessary to incorporate the
required items into education campaigns and materials.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Motorized vessels that are not covered under federal law and which are used for the instruction of
water sports and activities will be required to have an engine cut-off switch installed if not already
equipped with one.

D. FISCAL COMMENTS:
None.

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 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:
The bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill requires that the instructor of a water sport or activity wear an engine cut-off switch at specified
times. However, the instructor may not always be the same person as the vessel operator. Thus, the
bill could be clarified to state that the operator, rather than instructor, must use an engine cut-off switch
and wear an operative link to the switch.

Further, the precise term for the device connected to a person is the engine cut-off switch link. The
engine cut-off switch which is located near the vessel’s engine area, not on the operator’s person.
Therefore, the bill could be clarified to state that the operator must wear an engine cut-off switch link.

Neither the bill nor the chapter define “water sports or activities.” Given the broad range of activities that
can occur in the water and in close proximity to boats, definitions for these terms could clarify the bill’s
scope.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.
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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 701 2022

1 A bill to be entitled
2 An act relating to boating and vessel safety; amending
3 s. 327.395, F.S.; requiring certain boating safety
4 education courses and temporary certificate
5 examinations to include specified components;
6 directing the Fish and Wildlife Conservation
7 Commission to include such components in boating
8 safety education campaigns and certain educational
9 materials; amending s. 327.50, F.S.; requiring
10 instructors of water sports and activities to wear
11 engine cutoff switches under certain conditions;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (4) of section 327.395, Florida
17 Statutes, is amended to read:
18 327.395 Boating safety education.—
19 (4) A commission-approved boating safety education course
20 or temporary certificate examination developed or approved by
21 the commission must include components a component regarding:
22 (a) Diving vessels, awareness of divers in the water,
23 divers-down warning devices, and the requirements of s. 327.331.
24 (b) The danger associated with:
25 1. A passenger riding on a seat back, gunwale, transom,

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hb0701-00
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 701 2022

26 bow, motor cover, or any other vessel area not designed and
27 designated by the manufacturer for seating.
28 2. A passenger falling overboard.
29 3. Operating a vessel with a person in the water near the
30 vessel.
31 4. Starting a vessel with the engine in gear.
32 5. Leaving the vessel running when passengers are boarding
33 or disembarking.
34 (c) The proper use and lifesaving benefits of an engine
35 cutoff switch for motorboats and personal watercraft.
36
37 The commission must include the components under this subsection
38 in boating safety education campaigns and in educational
39 materials produced by the commission, as appropriate.
40 Section 2. Subsection (4) is added to section 327.50,
41 Florida Statutes, to read:
42 327.50 Vessel safety regulations; equipment and lighting
43 requirements.—
44 (4) The instructor of a water sport or activity must wear
45 an engine cutoff switch for any vessel used in the instruction
46 of the water sport or activity when people participating in the
47 water sport or activity are in the water.
48 Section 3. This act shall take effect July 1, 2022.

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CODING: Words stricken are deletions; words underlined are additions.
hb0701-00
TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

HB 701 by Rep. McFarland
Boating and Vessel Safety

AMENDMENT SUMMARY
January 18, 2022

Amendment 1 by Rep. McFarland (Strike-All):

• Provides the act be designated “Ethan’s Law.”
• Clarifies that the operator of a vessel used in the instruction of a water sport or
activity must use an engine cutoff switch and operative link.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2022)
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 McFarland offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. This act may be cited as “Ethan’s Law.”
8 Section 2. Subsection (4) of section 327.395, Florida
9 Statutes, is amended to read:
10 327.395 Boating safety education.—
11 (4) A commission-approved boating safety education course
12 or temporary certificate examination developed or approved by
13 the commission must include components a component regarding:
14 (a) Diving vessels, awareness of divers in the water,
15 divers-down warning devices, and the requirements of s. 327.331.
16 (b) The danger associated with:
786701 - h0701-strike.docx
Published On: 1/14/2022 4:54:00 PM
Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2022)
Amendment No. 1

17 1. A passenger riding on a seat back, gunwale, transom,
18 bow, motor cover, or any other vessel area not designed and
19 designated by the manufacturer for seating.
20 2. A passenger falling overboard.
21 3. Operating a vessel with a person in the water near the
22 vessel.
23 4. Starting a vessel with the engine in gear.
24 5. Leaving the vessel running when passengers are boarding
25 or disembarking.
26 (c) The proper use and lifesaving benefits of an engine
27 cutoff switch for motorboats and personal watercraft.
28
29 The commission must include the components under this subsection
30 in boating safety education campaigns and in educational
31 materials produced by the commission, as appropriate.
32 Section 3. Subsection (4) is added to section 327.50,
33 Florida Statutes, to read:
34 327.50 Vessel safety regulations; equipment and lighting
35 requirements.—
36 (4) The operator of a vessel used in the instruction of a
37 water sport or activity must use an engine cutoff switch and
38 wear an operative link to the switch when people participating
39 in the water sport or activity are in the water.
40 Section 4. This act shall take effect July 1, 2022
41
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 701 (2022)
Amendment No. 1

42 -----------------------------------------------------
43 T I T L E A M E N D M E N T
44 Remove everything before the enacting clause and insert:
45 An act relating to boating and vessel safety; providing a short
46 title; amending s. 327.395, F.S.; requiring certain boating
47 safety education courses and temporary certificate examinations
48 to include specified components; directing the Fish and Wildlife
49 Conservation Commission to include such components in boating
50 safety education campaigns and certain educational materials;
51 amending s. 327.50, F.S.; requiring operators of vessels used in
52 the instruction of a water sport or activity to use an engine
53 cutoff switch and link under certain conditions; providing an
54 effective date.

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