THE BILL ITSELF
CS/CS/CS/HB 543
Transportation
1
A bill to be entitled
2
An act relating to transportation; requiring the
3
Department of Transportation and any impacted local
4
government to increase the minimum perception-reaction
5
time for steady yellow signals at certain
6
intersections by a specified amount of time;
7
transferring, renumbering, and amending s. 311.10(4),
8
F.S.; defining the terms "cargo purposes" and
9
"commercial space launch industry"; requiring certain
10
seaports to submit an annual report describing
11
measures taken to support the commercial space launch
12
industry to the chair of the Space Florida board of
13
directors beginning on a specified date; requiring the
14
seaport to post such report on its website;
15
prohibiting certain seaports from converting planned
16
or existing land, facilities, or infrastructure that
17
supports cargo purposes unless specified conditions
18
are met; requiring legislative approval for the use of
19
state funds for specified projects; amending s.
20
316.003, F.S.; revising the definition of the term
21
"local hearing officer"; amending s. 316.008, F.S.;
22
revising powers of local authorities; amending s.
23
316.0776, F.S.; revising provisions relating to speed
24
detection systems in school zones; amending s.
25
316.0777, F.S.; authorizing a private entity to
26
install an automated license plate recognition system
27
for use on certain property for a specified purpose
28
and providing requirements therefor; providing a
29
penalty; amending s. 316.173, F.S.; defining the term
30
"school district"; prohibiting a private school bus
31
contractor from charging a certain fee; authorizing
32
review of school bus infraction detection system
33
information by certain persons; providing and revising
34
procedures for an administrative hearing; requiring a
35
certain report to be due annually instead of
36
quarterly; providing a rebuttable presumption
37
regarding certain specifications; requiring the
38
Department of Highway Safety and Motor Vehicles to
39
publish certain reports on its website; authorizing
40
charter schools and private schools to enter into
41
contracts under specified circumstances; amending s.
42
316.183, F.S.; authorizing a county or municipality to
43
set a lower maximum speed limit under certain
44
conditions; amending s. 316.189, F.S.; authorizing a
45
county to set a lower maximum speed limit under
46
certain conditions; amending s. 316.1895, F.S.;
47
requiring the use of flashing beacons in certain
48
circumstances; amending s. 316.1896, F.S.; requiring
49
flashing beacons to be activated during specified
50
times to enforce the restricted school zone speed
51
limit through a school zone speed detection system;
52
providing applicability; revising provisions relating
53
to roadways maintained as school zones; amending s.
54
316.1906, F.S.; specifying that certain radar and
55
LiDAR units are not required to be on certain lists;
56
amending s. 316.1955, F.S.; authorizing vehicles
57
displaying disabled parking permits to occupy more
58
than one parking space under specified conditions;
59
prohibiting such vehicles from being cited, penalized,
60
or towed under specified circumstances; providing
61
requirements for property owners and towing operators;
62
providing construction; amending s. 316.20655, F.S.;
63
clarifying a provision; amending s. 316.212, F.S.;
64
authorizing operation of a golf cart for the purpose
65
of crossing certain streets and highways under certain
66
conditions; providing penalties; repealing ss. 316.272
67
and 316.293, F.S., relating to the prevention of noise
68
from exhaust systems and motor vehicle noise,
69
respectively; amending s. 316.3045, F.S.; requiring
70
certain motor vehicles to be equipped with and
71
maintain an exhaust system to prevent excessive or
72
unusual noise; prohibiting certain excessive or
73
unusual noises; providing applicability; amending s.
74
316.650, F.S.; revising provisions relating to traffic
75
citations; amending s. 318.15, F.S.; revising
76
provisions relating to penalties for certain failures
77
to comply; amending s. 318.18, F.S.; revising
78
provisions relating to penalties; amending s.
79
319.1401, F.S.; authorizing certain golf carts to be
80
titled and registered for operation on certain roads
81
without an inspection by the Department of
82
Transportation and providing requirements therefor;
83
amending s. 320.02, F.S.; revising provisions relating
84
to withholding motor vehicle registration; amending s.
85
320.262, F.S.; providing that the use of a license
86
plate frame or decorative border device is not
87
prohibited under specified conditions; amending s.
88
322.032, F.S.; providing and revising definitions;
89
providing requirements for digital driver licenses and
90
an electronic credentialing system; providing
91
exceptions to certain prohibitions; providing for
92
enforcement and penalties; amending s. 322.142, F.S.;
93
authorizing digital imaged licenses to be used for a
94
specified purpose with the licensee's consent;
95
authorizing identity verification service providers to
96
use Department of Highway Safety and Motor Vehicles
97
data under certain conditions; prohibiting such
98
providers from selling, sharing, or retaining certain
99
information; prohibiting the department from allowing
100
the use of digital imaged licenses for a private
101
entity's business purposes; amending s. 337.11, F.S.;
102
authorizing the Department of Transportation to make
103
direct payments to certain subcontractors under
104
specified conditions; requiring the department to
105
adopt rules; amending s. 337.18, F.S.; providing
106
requirements for a takeover agreement; amending s.
107
339.175, F.S.; requiring metropolitan planning
108
organizations serving specified counties to submit a
109
certain feasibility report to the Governor and
110
Legislature by a specified date, with certain goals;
111
amending s. 775.15, F.S.; providing time limits for
112
certain traffic violations; amending ss. 316.1995,
113
316.2125, 316.2126, 316.2128, 316.455, 322.059,
114
322.15, 403.061, and 403.415, F.S.; conforming
115
provisions to changes made by the act; reenacting s.
116
318.121, F.S., relating to preemption of additional
117
fees, fines, surcharges, and costs, to incorporate the
118
amendments made to s. 318.18, F.S., in a reference
119
thereto; providing effective dates.
121
Be It Enacted by the Legislature of the State of Florida:
123
Section 1. The Department of Transportation and any
124
impacted local government shall increase the minimum perception-
125
reaction time for each steady yellow signal located at an
126
intersection equipped with a traffic infraction detector by 0.4
127
seconds.
128
Section 2. Subsection (4) of section 311.10, Florida
129
Statutes, is transferred, renumbered as section 311.15, Florida
130
Statutes, and amended to read:
131
311.15 Seaports; cargo facilities; reporting requirements
132
311.10 Strategic Port Investment Initiative.—
133
(1) As used in this section, the term:
134
(a) "Cargo purposes" means any facility, activity,
135
property, energy source, or infrastructure asset that is not
136
intended to facilitate the transport of passengers and includes,
137
but is not limited to, such facilities, activities, properties,
138
energy sources, or infrastructure assets that support spaceport
139
activities.
140
(b) "Commercial space launch industry" means any company
141
substantially engaged in the transport, operation, and recovery
142
of space launch or landing services with active maritime
143
operations.
144
(2) Beginning February 1, 2027, and each February 1
145
thereafter, each seaport located in a county in which real
146
property is designated as spaceport territory under s. 331.304
147
and that uses land, facilities, or infrastructure for the
148
purpose of supporting spacecraft launch and recovery operations
149
must submit a report to the chair of the Space Florida board of
150
directors which describes all measures the seaport has taken to
151
support the commercial space launch industry. The seaport must
152
post a copy of the report on its website once it has been
153
submitted to the chair of the board.
154
(3)(4) As a condition of receiving a project grant under
155
any program established in this chapter and as a condition of
156
receiving state funds as described in s. 215.31, A seaport that
157
is located in a county in which real property is designated as
158
spaceport territory under s. 331.304 and that uses land,
159
facilities, or infrastructure for the purpose of supporting
160
spacecraft launch and recovery operations must, in any agreement
161
with the Department of Transportation, agree that the seaport
162
may not convert any planned or existing land, facility, or
163
infrastructure that supports cargo purposes to any alternative
164
purpose unless all of the following conditions are met:
165
(a) The governing board of the seaport must provide public
166
notice as provided in s. 50.011 at least 30 days before holding
167
a public meeting on the proposed conversion.
168
(b) Before approving the proposed conversion, the
169
governing board of the seaport must prepare or cause to be
170
prepared a report estimating the impact of the conversion on the
171
cargo operations of the seaport. The report must be prominently
172
posted on the seaport's website at least 30 days before holding
173
a public meeting on the proposed conversion.
174
(c) The conversion must be is approved by a two-thirds
175
vote of by the seaport's governing board of the seaport at a
176
publicly noticed meeting as a separate line on the agenda and
177
with a reasonable opportunity for public comment., and, if
178
approved,
179
(4) The Legislature must expressly approve approves the
180
use of state funds for any a project that includes the such a
181
conversion of any planned or existing land, facility, or
182
infrastructure that supports cargo purposes to any alternative
183
purpose, whether by a work program amendment or through the
184
General Appropriations Act. As used in this subsection, the term
185
"cargo purposes" includes, but is not limited to, any facility,
186
activity, property, energy source, or infrastructure asset that
187
supports spaceport activities.
188
Section 3. Effective upon this act becoming a law,
189
subsection (38) of section 316.003, Florida Statutes, is amended
190
to read:
191
316.003 Definitions.—The following words and phrases, when
192
used in this chapter, shall have the meanings respectively
193
ascribed to them in this section, except where the context
194
otherwise requires:
195
(38) LOCAL HEARING OFFICER.—The person, designated by a
196
department, county, or municipality that elects to authorize
197
traffic infraction enforcement officers to issue traffic
198
citations under ss. 316.0083(1)(a) and 316.1896(1), who is
199
authorized to conduct hearings related to a notice of violation
200
issued pursuant to s. 316.0083 or s. 316.1896. A The charter
201
county, noncharter county, or municipality may use its currently
202
appointed code enforcement board or special magistrate to serve
203
as the local hearing officer. Pursuant to s. 316.173, a school
204
district may appoint an attorney who is, and has been for the
205
preceding 5 years, a member in good standing of the Florida Bar
206
to serve as a local hearing officer, or the county in which a
207
school district has entered into an interlocal agreement with a
208
law enforcement agency to issue uniform traffic citations may
209
designate by resolution existing staff to serve as the local
210
hearing officer. The department may enter into an interlocal
211
agreement to use the local hearing officer of a county or
212
municipality. The local hearing officer need not reside in the
213
county or municipality where a violation occurred.
214
Section 4. Paragraphs (a) and (b) of subsection (9) of
215
section 316.008, Florida Statutes, are amended to read:
216
316.008 Powers of local authorities.—
217
(9)(a) A county or municipality may enforce the applicable
218
speed limit on a roadway properly maintained as a school zone
219
pursuant to s. 316.1895:
220
1. Within 30 minutes before through 30 minutes after the
221
start of a regularly scheduled breakfast program;
222
2. Within 30 minutes before through 30 minutes after the
223
start of a regularly scheduled school session;
224
3. During the entirety of a regularly scheduled school
225
session; and
226
4. Within 30 minutes before through 30 minutes after the
227
end of a regularly scheduled school session
229
through the use of a speed detection system for the detection of
230
speed and capturing of photographs or videos for violations in
231
excess of 10 miles per hour over the speed limit in force in the
232
school zone at the time of the violation. A school zone's
233
compliance with s. 316.1895 creates a rebuttable presumption
234
that the school zone is properly maintained. The restricted
235
school zone speed limit may only be enforced through the use of
236
a speed detection system when any flashing beacon used to
237
provide the notice of the restricted school zone speed limit is
238
activated. For speed detection systems installed before July 1,
239
2026, capturing the beacon status photographically, on video, or
240
by other evidence is not required for proof of the beacon status
241
until January 1, 2028. An area maintained as a school zone that
242
has no beacon installed before July 1, 2026, has until January
243
1, 2028, to place and install a beacon and, until a beacon is
244
installed, the county or municipality may provide proof of the
245
restricted school zone speed limit in force at the time of
246
violation without evidence of the beacon status.
247
(b) A county or municipality may place or install, or
248
contract with a vendor to place or install, a speed detection
249
system within a roadway maintained as a school zone as provided
250
in s. 316.1895 to enforce unlawful speed limit violations in the
251
school zone, as specified in s. 316.1895 s. 316.1895(10) or s.
252
316.183 which are in excess of 10 miles per hour over the school
253
zone speed limit in force at the time of violation, on that
254
roadway. The physical placement of a speed detection system may
255
be outside the boundaries of the school zone but within the
256
roadway maintained as a school zone. Any notice of violation or
257
uniform traffic citation issued using a speed detection system
258
must be based solely on a violation occurring within the
259
boundaries of the school zone and during the times authorized
260
under this subsection.
261
Section 5. Subsection (3) of section 316.0776, Florida
262
Statutes, is amended to read:
263
316.0776 Traffic infraction detectors; speed detection
264
systems; placement and installation.—
265
(3) A speed detection system authorized by s. 316.008(9)
266
may be placed or installed anywhere in an area maintained, as
267
defined in s. 316.1895(3)(d), as a school zone on a state road
268
when permitted by the Department of Transportation and in
269
accordance with placement and installation specifications
270
developed by the Department of Transportation. The speed
271
detection system may be placed or installed anywhere in an area
272
maintained, as defined in s. 316.1895(3)(d), as a school zone on
273
a street or highway under the jurisdiction of a county or a
274
municipality in accordance with placement and installation
275
specifications established by the Department of Transportation.
276
The placement and installation specifications must allow the
277
placement of a speed detection system or components thereof
278
outside the boundaries of the school zone but within the area
279
maintained as a school zone. The speed detection system may only
280
capture violations occurring within the school zone and during
281
the times authorized under s. 316.008(9), regardless of the
282
placement of the speed detection system or its components The
283
Department of Transportation must establish such placement and
284
installation specifications by December 31, 2023.
285
(a) If a county or municipality places or installs a speed
286
detection system as authorized by s. 316.008(9), the county or
287
municipality must notify the public that a speed detection
288
system may be in use by posting signage indicating photographic
289
or video enforcement of the school zone speed limits. Such
290
signage shall clearly designate the time period during which the
291
school zone speed limits are enforced using a speed detection
292
system and must meet the placement and installation
293
specifications established by the Department of Transportation.
294
For a speed detection system enforcing violations of s. 316.1895
295
or s. 316.183 on a roadway maintained as a school zone, this
296
paragraph governs the signage notifying the public of the use of
297
a speed detection system.
298
(b) If a county or municipality begins a school zone speed
299
detection system program in a county or municipality that has
300
never conducted such a program, the respective county or
301
municipality must make a public announcement and conduct a
302
public awareness campaign of the proposed use of speed detection
303
systems at least 30 days before commencing enforcement under the
304
speed detection system program and must notify the public of the
305
specific date on which the program will commence. During the 30-
306
day public awareness campaign, only a warning may be issued to
307
the registered owner of a motor vehicle for a violation of s.
308
316.1895 or s. 316.183 enforced by a speed detection system, and
309
liability may not be imposed for the civil penalty under s.
310
318.18(3)(d).
311
(c) A county or municipality that operates one or more
312
school zone speed detection systems must annually report the
313
results of all systems within the county's or municipality's
314
jurisdiction by placing the report required under s.
315
316.1896(16)(a) as a single reporting item on the agenda of a
316
regular or special meeting of the county's or municipality's
317
governing body. Before a county or municipality contracts or
318
renews a contract to place or install a speed detection system
319
in a school zone pursuant to s. 316.008(9), the county or
320
municipality must approve the contract or contract renewal at a
321
regular or special meeting of the county's or municipality's
322
governing body.
323
1. Interested members of the public must be allowed to
324
comment regarding the report, contract, or contract renewal
325
under the county's or municipality's public comment policies or
326
formats, and the report, contract, or contract renewal may not
327
be considered as part of a consent agenda.
328
2. The report required under this paragraph must include a
329
written summary, which must be read aloud at the regular or
330
special meeting, and the summary must contain, for the same time
331
period pertaining to the annual report to the department under
332
s. 316.1896(16)(a), the number of notices of violation issued,
333
the number that were contested, the number that were upheld, the
334
number that were dismissed, the number that were issued as
335
uniform traffic citations, and the number that were paid and how
336
collected funds were distributed and in what amounts. The county
337
or municipality must report to the department that the county's
338
or municipality's annual report was considered in accordance
339
with this paragraph, including the date of the regular or
340
special meeting at which the annual report was considered.
341
3. The compliance or sufficiency of compliance with this
342
paragraph may not be raised in a proceeding challenging a
343
violation of s. 316.1895 or s. 316.183 enforced by a speed
344
detection system in a school zone.
345
Section 6. Effective October 1, 2026, subsections (3),
346
(4), and (5) of section 316.0777, Florida Statutes, are
347
renumbered as subsections (4), (5), and (6), respectively, and a
348
new subsection (3) and subsection (7) are added to that section
349
to read:
350
316.0777 Automated license plate recognition systems;
351
installation within rights-of-way of State Highway System and on
352
and within property owned or controlled by private entity;
353
public records exemption.—
354
(3) A private property owner may install an automated
355
license plate recognition system solely for use on and within
356
the property owned or controlled by the property owner. A
357
private property owner that installs or directs the installation
358
of such a system:
359
(a) May not access vehicle registration or title data for
360
vehicles identified by the system, unless the private property
361
owner is acting to the extent permitted by the Driver's Privacy
362
Protection Act, 18 U.S.C. ss. 2721-2725, or for the limited
363
purpose of providing notice to a vehicle owner that he or she
364
failed to pay for parking and that such failure has resulted in
365
a parking charge pursuant to s. 715.075.
366
(b) May not share or sell images, personal identifying
367
information, vehicle identification numbers or license plate
368
numbers, or any data that could be reasonably connected to an
369
individual which is collected or generated by the system,
370
except:
371
1. To the extent required to respond to a lawful request
372
from a criminal justice agency;
373
2. To the extent required to control or enforce access to
374
the property or for parking enforcement; or
375
3. To the extent sharing such information is necessary to
376
report suspicious activity or suspected criminal activity to a
377
criminal justice agency.
378
4. To the extent permitted by the Driver's Privacy
379
Protection Act, 18 U.S.C. ss. 2721-2725.
380
(c) Must contractually obligate any third party that
381
installs, maintains, or operates the system or receives
382
information pursuant to subparagraph (b)2. to protect the images
383
or data collected or generated by the system from disclosure,
384
including a prohibition on sharing or selling such images or
385
data, except to the extent authorized under paragraph (b).
386
(d) Must implement, and must contractually obligate any
387
third party that installs, maintains, or operates the system or
388
receives information pursuant to subparagraph (b)2. to
389
implement:
390
1. Industry-recognized encryption protocols to ensure that
391
images and associated data collected or generated by the system
392
are encrypted in transmission and at rest.
393
2. An auditable access control system that records access
394
to images and associated data.
395
3. A data retention schedule that provides for deletion of
396
images and data no later than 30 days after the images or data
397
is collected or generated by the system, except to the extent
398
needed to comply with a court order, subpoena, or the appeal
399
process detailed in s. 715.075(1)(c) and (d) or to collect an
400
unpaid invoice for parking enforcement. Records detailing
401
disclosure logs or transaction information may be retained
402
longer in accordance with federal law.
403
(e) May not offer or provide as payment or other
404
consideration any portion of the proceeds derived from a fine or
405
charge imposed based on images or data collected or generated by
406
the system to any third party that installs, maintains, or
407
operates the system, except to the extent the fine or violation
408
is issued in connection with controlling or enforcing access to
409
such property or for parking enforcement.
410
(7) A person who uses or releases information in violation
411
of this section commits a noncriminal infraction, punishable by
412
a fine not exceeding $2,000.
413
Section 7. Effective upon this act becoming a law,
414
subsection (20) of section 316.173, Florida Statutes, is
415
renumbered as subsection (21), subsections (1) and (4),
416
paragraphs (b) and (c) of subsection (6), paragraph (a) of
417
subsection (17), paragraph (a) of subsection (18), and
418
subsection (19) are amended, and a new subsection (20) is added
419
to that section, to read:
420
316.173 School bus infraction detection systems.—
421
(1)(a) As used in this section, the term "school district"
422
includes only educational institutions governed by:
423
1. Section 4, Art. IX of the State Constitution.
424
2. Section 1002.01(3).
425
3. Section 1002.33.
426
4. Federally funded Head Start programs.
427
(b) A school district may install and operate a school bus
428
infraction detection system on a school bus for the purpose of
429
enforcing s. 316.172(1)(a) and (b) as provided in and consistent
430
with this section.
431
(c)(b) The school district may contract with a private
432
vendor or manufacturer to install a school bus infraction
433
detection system on any school bus within its fleet, whether
434
owned, contracted, or leased, and for services including, but
435
not limited to, the installation, operation, and maintenance of
436
the system. Notwithstanding any other provision of law, a
437
private school bus contractor that provides busing services for
438
a school district may not charge a fee or receive remuneration
439
from a district, or a private vendor or manufacturer of a school
440
bus infraction detection system with respect to installation,
441
operation, or maintenance of a system, and may not unreasonably
442
impede installation, operation, or maintenance of a system if
443
selected by the school district. The school district's decision
444
to install school bus infraction detection systems must be based
445
solely on the need to increase public safety. An individual may
446
not receive a commission from any revenue collected from
447
violations detected through the use of a school bus infraction
448
detection system. A private vendor or manufacturer may not
449
receive a fee or remuneration based upon the number of
450
violations detected through the use of a school bus infraction
451
detection system. This paragraph may not be construed to
452
prohibit a private vendor or manufacturer from receiving a fixed
453
amount of collected proceeds for service rendered in relation to
454
the installation, operation, or maintenance of school bus
455
infraction detection systems.
456
(d)(c) The school district must ensure that each school
457
bus infraction detection system meets the requirements of
458
subsection (19).
459
(e)(d) The school district must enter into an interlocal
460
agreement with one or more law enforcement agencies authorized
461
to enforce violations of s. 316.172(1)(a) and (b) within the
462
school district which jointly establishes the responsibilities
463
of enforcement and the reimbursement of costs associated with
464
school bus infraction detection systems consistent with this
465
section.
466
(f) Review of information from a school bus infraction
467
detection system by an authorized employee or a designee of the
468
school district or law enforcement agency is not prohibited
469
before issuance of a notice of violation or uniform traffic
470
citation.
471
(4) Within 30 days after an alleged violation of s.
472
316.172(1)(a) or (b) is recorded by a school bus infraction
473
detection system, the school district or the private vendor or
474
manufacturer under paragraph (1)(c) paragraph (1)(b) must submit
475
the following information to a law enforcement agency that has
476
entered into an interlocal agreement with the school district
477
pursuant to paragraph (1)(e) paragraph (1)(d) and has traffic
478
infraction enforcement jurisdiction at the location where the
479
alleged violation occurred:
480
(a) A copy of the recorded video and images showing the
481
motor vehicle allegedly violating s. 316.172(1)(a) or (b).
482
(b) The motor vehicle's license plate number and the state
483
of issuance of the motor vehicle's license plate.
484
(c) The date, time, and location of the alleged violation.
485
(6)
486
(b) Procedures for an administrative hearing conducted
487
under this subsection are as follows:
488
1. The department shall make available electronically to
489
the school district or its designee or the county a Request for
490
Hearing form to assist each district or county with
491
administering this subsection.
492
2. The school district shall assign existing staff or a
493
designee to serve as the clerk to the local hearing officer. A
494
person, referred to in this paragraph as the petitioner, who
495
elects to request a hearing under this subsection shall be
496
scheduled for a hearing by the clerk to the local hearing
497
officer. The hearing may be conducted either virtually via live
498
video conferencing or in person.
499
3. Within 120 days after receipt of a timely request for a
500
hearing, the law enforcement agency or its designee shall
501
provide a replica of the notice of violation data to the school
502
district or county by manual or electronic transmission, and
503
thereafter the school district or its designee or the county
504
shall mail a notice of hearing, which shall include a hearing
505
date and may at the discretion of the district or county include
506
virtual and in-person hearing options, to the petitioner by
507
first-class mail. Mailing of the notice of hearing constitutes
508
notification. Upon receipt of the notice of hearing, the
509
petitioner may reschedule the hearing twice once by submitting a
510
written request to the local hearing officer at least 5 calendar
511
days before the day of the originally scheduled hearing. The
512
petitioner may cancel his or her hearing by paying the penalty
513
assessed in the notice of violation.
514
4. All testimony at the hearing shall be under oath. The
515
local hearing officer shall take testimony from a representative
516
of the law enforcement agency and the petitioner, and may take
517
testimony from others. The local hearing officer shall review
518
the video and images recorded by a school bus infraction
519
detection system. Formal rules of evidence do not apply, but due
520
process shall be observed and govern the proceedings.
521
5. At the conclusion of the hearing, the local hearing
522
officer shall determine by a preponderance of the evidence
523
whether a violation has occurred and shall uphold or dismiss the
524
violation. The local hearing officer shall issue a final
525
administrative order including the determination and, if the
526
notice of violation is upheld, require the petitioner to pay the
527
civil penalty previously assessed in the notice of violation,
528
and shall also require the petitioner to pay costs, not to
529
exceed $250 those established in s. 316.0083(5)(e), to be used
530
by the county for operational costs relating to the hearing
531
process or by the school district for technology and operational
532
costs relating to the hearing process as well as school
533
transportation safety-related initiatives. The final
534
administrative order shall be mailed to the petitioner by first-
535
class mail. Mailing of the final administrative order
536
constitutes notification.
537
6. An aggrieved party may appeal a final administrative
538
order consistent with the process provided in s. 162.11.
539
(c) Notwithstanding any other provision of law, any
540
hearing for a contested notice of violation, or uniform traffic
541
citation that is pending issuance, that has not occurred been
542
conducted before July 1, 2025, may be conducted or issued
543
pursuant to the procedures in this section subsection within 2
544
years 1 year after such date.
545
(17)(a)1. A school bus infraction detection system may not
546
be used for remote surveillance. The collection of evidence by a
547
school bus infraction detection system to enforce violations of
548
s. 316.172 does not constitute remote surveillance.
549
2. Notwithstanding any other provision of law, video and
550
images recorded as part of a school bus infraction detection
551
system may only be used for traffic enforcement and for purposes
552
of determining criminal or civil liability for incidents
553
captured by the school bus infraction detection system
554
incidental to the permissible use of the school bus infraction
555
detection system.
556
3. To the extent practicable, a school bus infraction
557
detection system must use necessary technology to ensure that
558
personal identifying information contained in the video or still
559
images recorded by the system which is not relevant to the
560
alleged violation, including, but not limited to, the identity
561
of the driver and any passenger of a motor vehicle, the interior
562
or contents of a motor vehicle, the identity of an uninvolved
563
person, a number identifying the address of a private residence,
564
and the contents or interior of a private residence, is
565
sufficiently obscured so as not to reveal such personal
566
identifying information.
567
4. A notice of a violation or uniform traffic citation
568
issued under this section may not be dismissed solely because a
569
recorded video or still images reveal personal identifying
570
information as provided in subparagraph 3. as long as a
571
reasonable effort has been made to comply with this subsection.
572
(18)(a) By October 1, 2023, and annually quarterly
573
thereafter, each school district operating a school bus
574
infraction detection system must submit, in consultation with
575
the law enforcement agencies with which it has interlocal
576
agreements pursuant to this section, a report to the department
577
which details the results of the school bus infraction detection
578
systems in the school district in the preceding state fiscal
579
year quarter. The department shall publish each report on its
580
website. The information from the school districts must be
581
submitted in a form and manner determined by the department,
582
which the department must make available to the school districts
583
by August 1, 2023, and must include at least the following:
584
1. The number of school buses that have a school bus
585
infraction detection system installed, including the date of
586
installation and, if applicable, the date the systems were
587
removed.
588
2. The number of notices of violations issued, the number
589
that were contested, the number that were upheld, the number
590
that were dismissed, the number that were issued as uniform
591
traffic citations, and the number that were paid.
592
3. Data for each infraction to determine locations in need
593
of safety improvements. Such data may include, but is not
594
limited to, global positioning system coordinates of the
595
infraction, the date and time of the infraction, and the name of
596
the school that the school bus was transporting students to or
597
from.
598
4. Any other statistical data and information required by
599
the department to complete the report required by paragraph (c).
600
(19) A school bus infraction detection system must meet
601
specifications established by the State Board of Education and
602
must be tested at regular intervals according to specifications
603
prescribed by state board rule. The state board must establish
604
such specifications by rule on or before December 31, 2023.
605
However, any such equipment acquired by purchase, lease, or
606
other arrangement under an agreement entered into by a school
607
district on or before December 31, 2023, is not required to meet
608
the specifications established by the state board until July 1,
609
2024. In any proceeding challenging a violation of s.
610
316.172(1)(a) or (b), there is a rebuttable presumption that a
611
school bus infraction detection system complies with and meets
612
all required specifications.
613
(20) If a school district, as established in s. 4, Art. IX
614
of the State Constitution, has contracted with a private vendor
615
or manufacturer to install school bus infraction detection
616
systems for school buses for public schools pursuant to this
617
section, then charter schools and private schools within the
618
geographic area of that school district may enter into separate
619
contracts for the installation of school bus infraction
620
detection systems with the same vendor or manufacturer. However,
621
if the school district terminates all contracts for school bus
622
infraction detection systems with a vendor or manufacturer, any
623
contracts entered into by such charter schools or private
624
schools are immediately terminated. Only school buses that meet
625
the Florida School Bus Specifications adopted by the State Board
626
of Education may use school infraction detection systems as
627
provided in this subsection.
628
Section 8. Subsection (2) of section 316.183, Florida
629
Statutes, is amended to read:
630
316.183 Unlawful speed.—
631
(2) On all streets or highways, the maximum speed limits
632
for all vehicles must be 30 miles per hour in business or
633
residence districts, and 55 miles per hour at any time at all
634
other locations. However, with respect to a residence district,
635
a county or municipality may set a lower maximum speed limit of
636
20 or 25 miles per hour on local streets and highways after an
637
investigation determines that such a limit is reasonable. It is
638
not necessary to conduct a separate investigation for each
639
residence district. The minimum speed limit on all highways that
640
comprise a part of the National System of Interstate and Defense
641
Highways and have not fewer than four lanes is 40 miles per
642
hour, except that when the posted speed limit is 70 miles per
643
hour, the minimum speed limit is 50 miles per hour.
644
Section 9. Paragraph (a) of subsection (2) of section
645
316.189, Florida Statutes, is amended to read:
646
316.189 Establishment of municipal and county speed
647
zones.—
648
(2) SPEED ON COUNTY ROADS.—The maximum speed on any
649
county-maintained road is:
650
(a) In any business or residence district, 30 miles per
651
hour in the daytime or nighttime; provided that with respect to
652
residence districts a county may set a lower maximum speed limit
653
of 25 miles per hour after an investigation determines that such
654
a limit is reasonable; and it shall not be necessary to conduct
655
a separate investigation in each residence district.
657
However, the board of county commissioners may set speed zones
658
altering such speeds, both as to maximum and minimum, after
659
investigation determines such a change is reasonable and in
660
conformity to criteria promulgated by the Department of
661
Transportation, except that no such speed zone shall permit a
662
speed of more than 60 miles per hour.
663
Section 10. Subsection (6) of section 316.1895, Florida
664
Statutes, is amended to read:
665
316.1895 Establishment of school speed zones, enforcement;
666
designation.—
667
(6) Permanent signs designating school zones and school
668
zone speed limits shall be uniform in size and color, and shall
669
have the times during which the restrictive speed limit is
670
enforced clearly designated thereon. Flashing beacons activated
671
by a time clock, or other automatic device, or manually
672
activated may be used as an alternative to posting the times
673
during which the restrictive school speed limit is enforced.
674
However, if a restricted school zone speed limit is enforced
675
through a speed detection system as provided in s. 316.1896,
676
then the school zone and restricted school zone speed limit must
677
be designated using flashing beacons. Beginning July 1, 2008,
678
for any newly established school zone or any school zone in
679
which the signing has been replaced, a sign stating "Speeding
680
Fines Doubled" shall be installed within the school zone. The
681
Department of Transportation shall establish adequate standards
682
for the signs and flashing beacons.
683
Section 11. Subsections (1), (2), (3), (6), and (8),
684
paragraph (a) of subsection (15), and paragraph (a) of
685
subsection (16) of section 316.1896, Florida Statutes, are
686
amended to read:
687
316.1896 Roadways maintained as school zones; speed
688
detection system enforcement; penalties; appeal procedure;
689
privacy; reports.—
690
(1) For purposes of administering this section, a county
691
or municipality may authorize a traffic infraction enforcement
692
officer under s. 316.640 to issue uniform traffic citations for
693
violations of ss. 316.1895 and 316.183 as authorized by s.
694
316.008(9), as follows:
695
(a) For a violation of s. 316.1895 in excess of 10 miles
696
per hour over the school zone speed limit which occurs within 30
697
minutes before through 30 minutes after the start of a regularly
698
scheduled breakfast program.
699
(b) For a violation of s. 316.1895 in excess of 10 miles
700
per hour over the school zone speed limit which occurs within 30
701
minutes before through 30 minutes after the start of a regularly
702
scheduled school session.
703
(c) For a violation of s. 316.183 in excess of 10 miles
704
per hour over the posted speed limit during the entirety of a
705
regularly scheduled school session.
706
(d) For a violation of s. 316.1895 in excess of 10 miles
707
per hour over the school zone speed limit which occurs within 30
708
minutes before through 30 minutes after the end of a regularly
709
scheduled school session.
711
Such violation must be evidenced by a speed detection system
712
described in ss. 316.008(9) and 316.0776(3). This subsection
713
does not prohibit a review of information from a speed detection
714
system by an authorized employee or agent of a county or
715
municipality before issuance of the uniform traffic citation by
716
the traffic infraction enforcement officer. This subsection does
717
not prohibit a county or municipality from issuing notices as
718
provided in subsection (2) to the registered owner of the motor
719
vehicle for a violation of s. 316.1895 or s. 316.183. The
720
restricted school zone speed limit may only be enforced through
721
the use of a speed detection system when any flashing beacon
722
used to provide notice of the restricted school zone speed limit
723
is activated. For speed detection systems installed before July
724
1, 2026, capturing the beacon status photographically, on video,
725
or by other evidence is not required for proof of the beacon
726
status until January 1, 2028. An area maintained as a school
727
zone that has no beacon installed before July 1, 2026, has until
728
January 1, 2028, to place and install a beacon and, until the
729
beacon is installed, the county or municipality may provide
730
proof of the restricted school zone speed limit in force at the
731
time of violation without evidence of the beacon status.
732
(2) Within 30 days after a violation, notice must be sent
733
to the registered owner of the motor vehicle involved in the
734
violation specifying the remedies available under s. 318.14 and
735
that the violator must pay the penalty under s. 318.18(3)(d) to
736
the county or municipality, or furnish an affidavit in
737
accordance with subsection (8), within 60 30 days after the date
738
of the notice of violation in order to avoid court fees, costs,
739
and the issuance of a uniform traffic citation. The notice of
740
violation must:
741
(a) Be sent by first-class mail.
742
(b) Include a photograph or other recorded image showing
743
the license plate of the motor vehicle; the date, time, and
744
location of the violation; the maximum speed at which the motor
745
vehicle was traveling within the school zone; and the speed
746
limit within the school zone at the time of the violation.
747
(c) Include a notice that the owner has the right to
748
review, in person or remotely, the photograph or video captured
749
by the speed detection system and the evidence of the speed of
750
the motor vehicle detected by the speed detection system which
751
constitute a rebuttable presumption that the motor vehicle was
752
used in violation of s. 316.1895 or s. 316.183.
753
(d) State the time when, and the place or website at
754
which, the photograph or video captured and evidence of speed
755
detected may be examined and observed.
756
(3) Notwithstanding any other law, a person who receives a
757
notice of violation under this section may request a hearing
758
within 60 30 days after the notice of violation or may pay the
759
penalty pursuant to the notice of violation, but a payment or
760
fee may not be required before the hearing requested by the
761
person. The notice of violation must be accompanied by, or
762
direct the person to a website that provides, information on the
763
person's right to request a hearing and on all costs related
764
thereto and a form used for requesting a hearing. As used in
765
this subsection, the term "person" includes a natural person,
766
the registered owner or co-owner of a motor vehicle, or the
767
person identified in an affidavit as having actual care,
768
custody, or control of the motor vehicle at the time of the
769
violation.
770
(6) A uniform traffic citation must be issued by mailing
771
the uniform traffic citation by certified mail to the address of
772
the registered owner of the motor vehicle involved in the
773
violation if payment has not been made within 60 30 days after
774
notification under subsection (2), if the registered owner has
775
not requested a hearing as authorized under subsection (3), and
776
if the registered owner has not submitted an affidavit in
777
accordance with subsection (8).
778
(a) Delivery of the uniform traffic citation constitutes
779
notification of a violation under this subsection. If the
780
registered owner or co-owner of the motor vehicle; the person
781
identified as having care, custody, or control of the motor
782
vehicle at the time of the violation; or a duly authorized
783
representative of the owner, co-owner, or identified person
784
initiates a proceeding to challenge the citation pursuant to
785
this section, such person waives any challenge or dispute as to
786
the delivery of the uniform traffic citation.
787
(b) In the case of joint ownership of a motor vehicle, the
788
uniform traffic citation must be mailed to the first name
789
appearing on the motor vehicle registration, unless the first
790
name appearing on the registration is a business organization,
791
in which case the second name appearing on the registration may
792
be used.
793
(c) The uniform traffic citation mailed to the registered
794
owner of the motor vehicle involved in the infraction must be
795
accompanied by the information described in paragraphs (2)(b)-
796
(d).
797
(8) To establish such facts under subsection (7), the
798
registered owner of the motor vehicle must, within 60 30 days
799
after the date of issuance of the notice of violation or the
800
uniform traffic citation, furnish to the appropriate
801
governmental entity an affidavit setting forth information
802
supporting an exception under subsection (7).
803
(a) An affidavit supporting the exception under paragraph
804
(7)(a) must include the name, address, date of birth, and, if
805
known, the driver license number of the person who leased,
806
rented, or otherwise had care, custody, or control of the motor
807
vehicle at the time of the alleged violation. If the motor
808
vehicle was stolen at the time of the alleged violation, the
809
affidavit must include the police report indicating that the
810
motor vehicle was stolen.
811
(b) If a uniform traffic citation for a violation of s.
812
316.1895 or s. 316.183 was issued at the location of the
813
violation by a law enforcement officer, the affidavit must
814
include the serial number of the uniform traffic citation.
815
(c) If the motor vehicle's owner to whom a notice of
816
violation or a uniform traffic citation has been issued is
817
deceased, the affidavit must include a certified copy of the
818
owner's death certificate showing that the date of death
819
occurred on or before the date of the alleged violation and one
820
of the following:
821
1. A bill of sale or other document showing that the
822
deceased owner's motor vehicle was sold or transferred after his
823
or her death but on or before the date of the alleged violation.
824
2. Documented proof that the registered license plate
825
belonging to the deceased owner's motor vehicle was returned to
826
the department or any branch office or authorized agent of the
827
department after his or her death but on or before the date of
828
the alleged violation.
829
3. A copy of the police report showing that the deceased
830
owner's registered license plate or motor vehicle was stolen
831
after his or her death but on or before the date of the alleged
832
violation.
834
Upon receipt of the affidavit and documentation required under
835
paragraphs (b) and (c), or 60 30 days after the date of issuance
836
of a notice of violation sent to a person identified as having
837
care, custody, or control of the motor vehicle at the time of
838
the violation under paragraph (a), the county or municipality
839
must dismiss the notice or citation and provide proof of such
840
dismissal to the person who submitted the affidavit. If, within
841
30 days after the date of a notice of violation sent to a person
842
under subsection (9), the county or municipality receives an
843
affidavit under subsection (10) from the person sent a notice of
844
violation affirming that the person did not have care, custody,
845
or control of the motor vehicle at the time of the violation,
846
the county or municipality must notify the registered owner that
847
the notice or citation will not be dismissed due to failure to
848
establish that another person had care, custody, or control of
849
the motor vehicle at the time of the violation.
850
(15)(a) A speed detection system in a school zone may not
851
be used for remote surveillance. The collection of evidence by a
852
speed detection system to enforce violations of ss. 316.1895 and
853
316.183, or user-controlled pan or tilt adjustments of speed
854
detection system components, do not constitute remote
855
surveillance. Notwithstanding any other provision of law,
856
recorded video or photographs collected as part of a speed
857
detection system in a school zone may only be used to document
858
violations of ss. 316.1895 and 316.183 and for purposes of
859
determining criminal or civil liability for incidents captured
860
by the speed detection system incidental to the permissible use
861
of the speed detection system.
862
(16)(a) Each county or municipality that operates one or
863
more speed detection systems shall must submit a report by
864
October 1, 2024, and annually thereafter, to the department
865
which identifies the public safety objectives used to identify a
866
school zone for enforcement under this section, reports
867
compliance with s. 316.0776(3)(c), and details the results of
868
the speed detection system in the school zone during the
869
preceding state fiscal year and the procedures for enforcement.
870
The information from counties and municipalities must be
871
submitted in a form and manner determined by the department,
872
which the department must make available to the counties and
873
municipalities by August 1, 2023, and the department may require
874
data components to be submitted quarterly. The report must
875
include at least the following:
876
1. Information related to the location of each speed
877
detection system, including the geocoordinates of the school
878
zone, the directional approach of the speed detection system,
879
the school name, the school level, the times the speed detection
880
system was active, the restricted school zone speed limit
881
enforced pursuant to s. 316.1895(5), the posted speed limit
882
enforced at times other than those authorized by s. 316.1895(5),
883
the date the systems were activated to enforce violations of ss.
884
316.1895 and 316.183, and, if applicable, the date the systems
885
were deactivated.
886
2. The number of notices of violation issued, the number,
887
if any, that were issued outside of the enforcement periods
888
authorized in subsection (1), the number that were contested,
889
the number that were upheld, the number that were dismissed, the
890
number that were issued as uniform traffic citations, and the
891
number that were paid.
892
3. Any other statistical data and information related to
893
the procedures for enforcement which is required by the
894
department to complete the report required under paragraph (c).
895
Section 12. Subsection (3) of section 316.1906, Florida
896
Statutes, is amended to read:
897
316.1906 Radar speed-measuring devices; speed detection
898
systems; evidence, admissibility.—
899
(3) A speed detection system is exempt from the design
900
requirements for radar or LiDAR units established by the
901
department, and the radar or LiDAR units used in the speed
902
detection system are not required to be on any approved list of
903
the department. A speed detection system must have the ability
904
to perform self-tests as to its detection accuracy. The system
905
must perform a self-test at least once every 30 days. The law
906
enforcement agency, or an agent acting on behalf of the law
907
enforcement agency, operating a speed detection system must
908
maintain a log of the results of the system's self-tests. The
909
law enforcement agency, or an agent acting on behalf of the law
910
enforcement agency, operating a speed detection system must also
911
perform an independent calibration test on the speed detection
912
system at least once every 12 months. The self-test logs, as
913
well as the results of the annual calibration test, are
914
admissible in any court proceeding for a uniform traffic
915
citation issued for a violation of s. 316.1895 or s. 316.183
916
enforced pursuant to s. 316.1896. Notwithstanding subsection
917
(2), evidence of the speed of a motor vehicle detected by a
918
speed detection system compliant with this subsection and the
919
determination by a traffic enforcement officer that a motor
920
vehicle is operating in excess of the applicable speed limit is
921
admissible in any proceeding with respect to an alleged
922
violation of law regulating the speed of motor vehicles in
923
school zones.
924
Section 13. Subsection (5) is added to section 316.1955,
925
Florida Statutes, to read:
926
316.1955 Enforcement of parking requirements for persons
927
who have disabilities.—
928
(5)(a) A vehicle that displays a valid disabled parking
929
permit or a license plate issued under s. 316.1958 or s.
930
320.0848 and that is equipped with permanently installed
931
mobility access equipment, including, but not limited to,
932
wheelchair ramps or lifts, may occupy more than one parking
933
space when reasonably necessary to deploy such equipment safely,
934
provided that no designated accessible parking spaces are
935
available or sufficient to accommodate the vehicle's equipment.
936
(b) A vehicle described in paragraph (a) may not be cited,
937
penalized, or towed solely because the vehicle occupies more
938
than one parking space or exceeds standard parking dimensions,
939
if:
940
1. The vehicle displays a valid disabled parking permit or
941
plate.
942
2. The vehicle does not block vehicular traffic lanes,
943
emergency access routes, fire lanes, or pedestrian access paths.
944
3. The vehicle does not create a clear and immediate
945
safety hazard.
946
(c) Before towing a vehicle displaying a valid disabled
947
parking permit or plate, a public or private property owner or
948
towing operator must make reasonable efforts to determine
949
whether the vehicle qualifies for the protections of this
950
subsection, unless the vehicle presents an immediate threat to
951
public safety.
952
(d) Nothing in this subsection shall be construed to
953
permit parking in:
954
1. Fire lanes;
955
2. Emergency vehicle access areas;
956
3. Clearly posted no-parking zones; or
957
4. Any location where the vehicle poses an immediate risk
958
to public safety.
959
Section 14. Subsection (2) of section 316.20655, Florida
960
Statutes, is amended to read:
961
316.20655 Electric bicycle regulations.—
962
(2) An electric bicycle as defined in s. 316.003 or an
963
operator of an electric bicycle is not subject to the provisions
964
of law relating to financial responsibility, driver or motor
965
vehicle licenses, vehicle registration, title certificates, off-
966
highway motorcycles, or off-highway vehicles.
967
Section 15. Subsections (5) through (9) of section
968
316.212, Florida Statutes, are renumbered as subsections (6)
969
through (10), respectively, paragraph (b) of present subsection
970
(8) and present subsection (9) are amended, and a new subsection
971
(5) is added to that section, to read:
972
316.212 Operation of golf carts on certain roadways.—The
973
operation of a golf cart upon the public roads or streets of
974
this state is prohibited except as provided herein:
975
(5) Notwithstanding any other provision of this section, a
976
golf cart may be operated for the purpose of crossing a street
977
or highway at a signalized intersection, provided that:
978
(a) The intersection is located wholly within the
979
boundaries of a single local governmental entity.
980
(b) The local governmental entity has designated, for the
981
operation of golf carts, the street or road located on both
982
sides of the intersection with the street or highway.
983
(c) The local governmental entity has approved the
984
operation of golf carts for the purpose of crossing at the
985
intersection and has posted appropriate signs at the
986
intersection to indicate that such operation is authorized.
987
(9)(8) A local governmental entity may enact an ordinance
988
relating to:
989
(b) Golf cart operation on sidewalks adjacent to specific
990
segments of municipal streets, county roads, or state highways
991
within the jurisdictional territory of the local governmental
992
entity if:
993
1. The local governmental entity determines, after
994
considering the condition and current use of the sidewalks, the
995
character of the surrounding community, and the locations of
996
authorized golf cart crossings, that golf carts, bicycles, and
997
pedestrians may safely share the sidewalk;
998
2. The local governmental entity consults with the
999
Department of Transportation before adopting the ordinance;
1000
3. The ordinance restricts golf carts to a maximum speed
1001
of 15 miles per hour and permits such use on sidewalks adjacent
1002
to state highways only if the sidewalks are at least 8 feet
1003
wide;
1004
4. The ordinance requires the golf carts to meet the
1005
equipment requirements in subsection (7) (6). However, the
1006
ordinance may require additional equipment, including horns or
1007
other warning devices required by s. 316.271; and
1008
5. The local governmental entity posts appropriate signs
1009
or otherwise informs residents that the ordinance exists and
1010
applies to such sidewalks.
1011
(10)(9) A violation of this section is a noncriminal
1012
traffic infraction, punishable pursuant to chapter 318 as a
1013
moving violation for infractions of subsections (1)-(6) (1)-(5)
1014
or a local ordinance corresponding thereto and enacted pursuant
1015
to subsection (9) (8), or punishable pursuant to chapter 318 as
1016
a nonmoving violation for infractions of subsection (7) (6),
1017
subsection (8) (7), or a local ordinance corresponding thereto
1018
and enacted pursuant to subsection (9) (8).
1019
Section 16. Sections 316.272 and 316.293, Florida
1020
Statutes, are repealed.
1021
Section 17. Subsections (2) through (5) of section
1022
316.3045, Florida Statutes, are renumbered as subsections (3)
1023
through (6), respectively, and a new subsection (2) is added to
1024
that section to read:
1025
316.3045 Operation of radios or other mechanical or
1026
electronic soundmaking devices or instruments in vehicles;
1027
exhaust systems; prevention of noise; exemptions.—
1028
(2) Every motor vehicle that is required by federal law or
1029
regulation to be equipped with an exhaust system shall at all
1030
times be equipped with and maintain an exhaust system in good
1031
working order including muffler, manifold pipe, and tailpiping
1032
to prevent excessive or unusual noise. It is a violation of this
1033
subsection to intentionally increase the revolutions per minute
1034
or unreasonably accelerate in a manner that would produce
1035
excessive or unusual noise. This subsection does not apply to a
1036
motorcycle or moped that does not exceed United States
1037
Environmental Protection Agency noise emissions standards in 40
1038
C.F.R. s. 205.152.
1039
Section 18. Paragraph (c) of subsection (3) of section
1040
316.650, Florida Statutes, is amended to read:
1041
316.650 Traffic citations.—
1042
(3)
1043
(c) If a traffic citation is issued under s. 316.0083 or
1044
s. 316.1896, the traffic infraction enforcement officer, or if
1045
the citation is issued under s. 316.173 the sworn law
1046
enforcement officer, must shall provide by electronic
1047
transmission a replica of the traffic citation data to the court
1048
having jurisdiction over the alleged offense or its traffic
1049
violations bureau within 5 business days after the date of
1050
issuance of the traffic citation to the violator. If a hearing
1051
is requested, the traffic infraction enforcement officer or
1052
sworn law enforcement officer, as applicable, must shall provide
1053
a replica of the traffic notice of violation data to the clerk
1054
to for the local hearing officer having jurisdiction over the
1055
alleged offense within 14 days.
1056
Section 19. Subsection (3) of section 318.15, Florida
1057
Statutes, is amended to read:
1058
318.15 Failure to comply with civil penalty or to appear;
1059
penalty.—
1060
(3) The clerk of the court or the clerk to the local
1061
hearing officer shall notify the department of persons who were
1062
mailed a notice of violation of s. 316.074(1) or s.
1063
316.075(1)(c)1. pursuant to s. 316.0083, s. 316.172(1)(a) or (b)
1064
pursuant to s. 316.173, or s. 316.183 or s. 316.1895(10)
1065
pursuant to s. 316.1896 and who failed to enter into, or comply
1066
with the terms of, a penalty payment plan, or order with the
1067
clerk to the local hearing officer or failed to appear at a
1068
scheduled hearing within 10 days after such failure, and shall
1069
reference the person's driver license number, or in the case of
1070
a business entity, vehicle registration number.
1071
(a) Upon receipt of such notice, the department, or
1072
authorized agent thereof, may not issue a license plate or
1073
revalidation sticker for any motor vehicle owned or co-owned by
1074
that person pursuant to s. 320.03(8) until the amounts assessed
1075
have been fully paid.
1076
(b) After the issuance of the person's license plate or
1077
revalidation sticker is withheld pursuant to paragraph (a), the
1078
person may challenge the withholding of the license plate or
1079
revalidation sticker only on the basis that the outstanding
1080
fines and civil penalties have been paid pursuant to s.
1081
320.03(8).
1082
Section 20. Paragraphs (a), (b), and (c) of subsection (5)
1083
and subsection (23) of section 318.18, Florida Statutes, are
1084
amended to read:
1085
318.18 Amount of penalties.—The penalties required for a
1086
noncriminal disposition pursuant to s. 318.14 or a criminal
1087
offense listed in s. 318.17 are as follows:
1088
(5)(a)1. Except as provided in subparagraph 2., $200 for a
1089
violation of s. 316.172(1)(a), failure to stop for a school bus.
1090
If, at a hearing, the alleged offender is found to have
1091
committed this offense, the court shall impose a minimum civil
1092
penalty of $200. In addition to this penalty, for a second or
1093
subsequent offense within a period of 5 years, the department
1094
shall suspend the driver license of the person for not less than
1095
180 days and not more than 1 year.
1096
2. If a violation of s. 316.172(1)(a) is enforced by a
1097
school bus infraction detection system pursuant to s. 316.173,
1098
the penalty of $200 shall be imposed. If, at an administrative
1099
hearing contesting a notice of violation or uniform traffic
1100
citation, the alleged offender is found to have committed this
1101
offense, a minimum civil penalty of $200 shall be imposed.
1102
Notwithstanding any other provision of law except s. 28.37(6),
1103
the civil penalties assessed under this subparagraph resulting
1104
from a notice of violation or uniform traffic citation shall be
1105
remitted to the school district at least monthly and used
1106
pursuant to s. 316.173(8).
1107
(b)1. Except as provided in subparagraph 2., $400 for a
1108
violation of s. 316.172(1)(b), passing a school bus on the side
1109
that children enter and exit when the school bus displays a stop
1110
signal. If, at a hearing, the alleged offender is found to have
1111
committed this offense, the court shall impose a minimum civil
1112
penalty of $400.
1113
2. If a violation of s. 316.172(1)(b) is enforced by a
1114
school bus infraction detection system pursuant to s. 316.173,
1115
the penalty under this subparagraph is a minimum of $200. If, at
1116
a hearing contesting a notice of violation or uniform traffic
1117
citation, the alleged offender is found to have committed this
1118
offense, the court shall impose a minimum civil penalty of $200.
1119
Notwithstanding any other provision of law except s. 28.37(6),
1120
the civil penalties assessed under this subparagraph resulting
1121
from notice of violation or uniform traffic citation shall be
1122
remitted to the school district at least monthly and used
1123
pursuant to s. 316.173(8).
1124
3. In addition to this penalty, for a second or subsequent
1125
offense within a period of 5 years, the department shall suspend
1126
the driver license of the person for not less than 360 days and
1127
not more than 2 years.
1128
(c)1. In addition to the penalty under subparagraph (a)2.
1129
or subparagraph (b)2., if, at an administrative hearing
1130
contesting a notice of violation, the alleged offender is found
1131
to have committed this offense, costs shall be imposed, not to
1132
exceed those established in s. 316.0083(5)(e), to be paid by the
1133
petitioner and to be used by the county for the operational
1134
costs related to the hearing or the school district for
1135
technology and operational costs relating to the hearing as well
1136
as school transportation safety-related initiatives.
1137
Notwithstanding any other provision of law, if a county's local
1138
hearing officer administers the administrative hearing process
1139
for a contested notice of violation, the costs imposed under
1140
this subparagraph resulting from notice of violation shall be
1141
remitted to the county at least monthly.
1142
2. In addition to the penalty under paragraph (a) or
1143
paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
1144
If the alleged offender is found to have committed the offense,
1145
the court shall impose the civil penalty under paragraph (a) or
1146
paragraph (b) plus an additional $65. The additional $65
1147
collected under this subparagraph shall be remitted to the
1148
Department of Revenue for deposit into the Emergency Medical
1149
Services Trust Fund of the Department of Health to be used as
1150
provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
1151
(b) is enforced by a school bus infraction detection system
1152
pursuant to s. 316.173, an the additional civil penalty amount
1153
imposed on a notice of violation, on a uniform traffic citation,
1154
or by the court under this paragraph must be $25, in lieu of the
1155
additional $65, and, notwithstanding any other provision of law,
1156
the additional civil penalties and additional costs must be
1157
remitted to the participating school district at least monthly
1158
and used pursuant to s. 316.173(8).
1159
(23) In addition to the penalty prescribed under s.
1160
316.0083, s. 316.173, s. 316.183, 316.1895, or s. 316.1896 for
1161
violations enforced under those sections s. 316.0083 which are
1162
upheld by the local hearing officer, the local hearing officer
1163
may also order the payment of county, or municipal, or school
1164
district costs, not to exceed $250.
1165
Section 21. Section 319.1401, Florida Statutes, is created
1166
to read:
1167
319.1401 Titling and registering golf carts converted to
1168
low-speed vehicles.—A golf cart converted to a low-speed vehicle
1169
may be titled and registered for operation on certain roads. A
1170
motor vehicle dealer, a motor vehicle repair shop, or the
1171
department shall affirm in writing that the low-speed vehicle
1172
complies with the requirements of chapter 316, and the vehicle
1173
shall be assigned an identification number by the department.
1174
The identification number shall be unique to the low-speed
1175
vehicle and used for the issuance of a title and registration
1176
for the vehicle.
1177
Section 22. Subsection (12) of section 320.02, Florida
1178
Statutes, is amended to read:
1179
320.02 Registration required; application for
1180
registration; forms.—
1181
(12) The department is authorized to withhold registration
1182
or reregistration of any motor vehicle if the owner, or one of
1183
the co-owners of the vehicle:,
1184
(a) Has a driver license which is under suspension for the
1185
failure to remit payment of any fines levied in this state
1186
pursuant to chapter 318 or chapter 322; or
1187
(b) Received a traffic citation for a violation of s.
1188
316.074(1) or s. 316.075(1)(c)1. as enforced by s. 316.0083, s.
1189
316.172(1)(a) or (b) as enforced by s. 316.173, or s. 316.183 or
1190
s. 316.1895(10) as enforced by s. 316.1896 and did not request a
1191
hearing, submit an affidavit claiming an exception, or pay the
1192
traffic citation.
1193
Section 23. Subsection (5) is added to section 320.262,
1194
Florida Statutes, to read:
1195
320.262 License plate obscuring device prohibited;
1196
penalties.—
1197
(5) The use of a license plate frame or decorative border
1198
device is not an offense under this section, provided that the
1199
device does not obscure the visibility of the following:
1200
(a) The alphanumeric designation or license plate number.
1201
(b) The registration decal or validation sticker located
1202
in the upper right corner.
1203
Section 24. Section 322.032, Florida Statutes, is amended
1204
to read:
1205
322.032 Digital proof of driver license or identification
1206
card.—
1207
(1) As used in this section, the term:
1208
(a) "Credentialholder" means a person who is issued a
1209
digital driver license.
1210
(b)(a) "Digital proof of driver license" means an
1211
electronic credential viewable on an electronic credentialing
1212
system where the credential conveys identity and driving
1213
privilege information and is in compliance with the ISO/IEC
1214
18013-5 and 18013-7 standard.
1215
(b) "Digital proof of identification card" means an
1216
electronic credential viewable on an electronic credentialing
1217
system.
1218
(c) "Electronic credentialing system" means a digital
1219
process that includes a method for provisioning electronic
1220
credentials of a driver license, requesting and transmitting
1221
identity data contained on electronic credentials, and
1222
performing tasks to maintain the system computer system accessed
1223
using a computer, a cellular telephone, or any other personal
1224
device which queries the department's driver license and
1225
identification card records, displays or transmits digital
1226
proofs of driver licenses and identification cards, and verifies
1227
the authenticity of those electronic credentials.
1228
(d) "Verifying" means the process of obtaining and
1229
authenticating data from an electronic credential via secure
1230
encrypted communication.
1231
(d) "Limited profile" means an electronic credential
1232
containing some, but not all, of the information displayed on a
1233
printed driver license or identification card.
1234
(e) "Scanning" means obtaining data from a digital proof
1235
of driver license or identification card in an electronic
1236
format.
1237
(2)(a) The department must:
1238
1. shall Establish a secure and uniform system for issuing
1239
an optional digital proof of driver license or identification
1240
card.
1241
2. Ensure that data is not reused, repurposed, shared, or
1242
transmitted beyond the initial purpose without the explicit
1243
consent of the credentialholder.
1244
3. Securely delete data or render data irreversibly
1245
anonymized immediately upon fulfillment of the stated purpose
1246
unless a longer retention period is required by law and narrowly
1247
tailored to that legal necessity.
1248
(b) The department may not:
1249
1. Track where a credential user uses a digital driver
1250
license.
1251
2. Share, store, or sell information related to a digital
1252
driver license, unless required by law.
1253
3. Retain any data related to a digital driver license,
1254
unless required by law.
1255
(c) The department may:
1256
1. Contract with one or more private entities to develop
1257
an electronic credentialing system.
1258
2. Use a telephone number submitted by a licensee in
1259
connection with a digital driver license only for purposes of
1260
communication regarding the digital driver license or the motor
1261
vehicle records, as defined in s. 119.0712(2)(a), of the
1262
licensee.
1263
3. Enter into contracts with one or more private entities
1264
which authorize data verification through an electronic
1265
credentialing system that queries the department's driver
1266
license records, displays or transmits digital driver licenses,
1267
or verifies the authenticity of such electronic credentials.
1268
4. Adopt rules to securely manage digital driver licenses
1269
(b) The electronic credentialing system may not retain
1270
Internet protocol addresses, geolocation data, or other
1271
information that describes the location, computer, computer
1272
system, or computer network from which a customer accesses the
1273
system.
1274
(3)(a) Digital driver licenses must:
1275
1. Require the explicit consent of the credentialholder
1276
before adding a digital driver license or sharing electronic
1277
credential attributes.
1278
2. Be controlled by the credentialholder, who may choose
1279
to disclose only the minimum information necessary for a
1280
transaction.
1281
3. Be issued as tamper-evident, cryptographically
1282
verifiable statements capable of being selectively disclosed.
1283
4. Contain clear metadata specifying cryptographic
1284
material necessary for independent verification.
1285
5. Provide a credentialholder with the ability to audit
1286
verification requests.
1287
6. Preserve the anonymity and prevent linkability of
1288
transactions.
1289
7. Adhere to data minimization principles, including
1290
disclosing only the minimum electronic credential attributes
1291
strictly necessary to fulfill the stated purpose of verification
1292
that is explicitly communicated to the credentialholder.
1293
8. Implement measures to ensure that the electronic
1294
credentials are updated as changes occur to the
1295
credentialholder's record.
1296
(b) The digital driver license system may not:
1297
1. Retain Internet protocol addresses, geolocation data,
1298
or other information that describes the location, computer,
1299
computer system, or computer network from which a customer
1300
accesses the system.
1301
2. Require communication with the department, other than
1302
updates to the credentialholder's record.
1303
(4) Digital driver license verifiers must:
1304
(a) Perform cryptographic validation of digital driver
1305
license authenticity, integrity, and issuer attribution without
1306
requiring online access to external systems, the department's
1307
systems, or any state system.
1308
(b) Retain only temporary user-authorized verification
1309
data that is strictly necessary for the transaction.
1310
(c) Communicate to the credentialholder the data that was
1311
temporarily retained.
1312
(d) Create written strict data minimization principles
1313
that must be provided to a credentialholder upon request.
1314
(3)(a) The digital proof of driver license or
1315
identification card established by the department or by an
1316
entity contracted by the department must be in such a format as
1317
to allow verification of the authenticity of the digital proof
1318
of driver license or identification card. The department may
1319
adopt rules to ensure valid authentication of digital driver
1320
licenses and identification cards.
1321
(b)1. Notwithstanding ss. 322.14-322.142, and any other
1322
law prescribing the design for, or information required to be
1323
displayed on, a driver license, a digital proof of driver
1324
license may comprise a limited profile that includes only
1325
information necessary to conduct a specific transaction on the
1326
electronic credentialing system.
1327
2. Notwithstanding ss. 322.051 and 322.141, and any other
1328
law prescribing the design for, or information required to be
1329
displayed on, an identification card, a digital proof of
1330
identification card may comprise a limited profile that includes
1331
only information necessary to conduct a specific transaction on
1332
the electronic credentialing system.
1333
(5)(4) A person may not be issued a digital proof of
1334
driver license or identification card until he or she satisfies
1335
all requirements of this chapter for issuance of the respective
1336
driver license or identification card and has been issued a
1337
printed driver license or identification card. The electronic
1338
credentialing system must, upon each presentation of a digital
1339
driver license or identification card, display or transmit
1340
current records for the driver license or identification card.
1341
If a licensee's driving privilege is suspended, revoked, or
1342
disqualified, or if his or her driver license is otherwise
1343
canceled or expired, a digital proof of driver license may not
1344
be issued; however, a digital proof of identification card may
1345
be issued if the licensee is otherwise eligible for an
1346
identification card under s. 322.051.
1347
(5) The department may use a telephone number submitted by
1348
a licensee or cardholder in connection with a digital driver
1349
license or identification card only for purposes of
1350
communication regarding the digital proof of driver license or
1351
identification card or the motor vehicle records, as defined in
1352
s. 119.0712(2)(a), of the licensee or cardholder.
1353
(6) The department may enter into contracts with one or
1354
more private entities which authorize online data calls or
1355
offline data verification through the electronic credentialing
1356
system that queries the department's driver license and
1357
identification card records, displays or transmits digital
1358
proofs of driver licenses or identification cards, or verifies
1359
the authenticity of such electronic credentials.
1360
(6)(7)(a) Except as provided in paragraph (b), a private
1361
entity that verifies scans a digital proof of driver license or
1362
identification card may not store, sell, or share personal
1363
information collected from such verifying scanning of the
1364
digital proof of driver license or identification card.
1365
(b) An individual may consent to allow a private entity to
1366
collect and store personal information obtained by verifying
1367
scanning his or her digital proof of driver license or
1368
identification card. However, the individual must be informed
1369
what information is collected and the purpose or purposes for
1370
which the information will be used. If a credentialholder the
1371
individual does not want the private entity to verify scan his
1372
or her digital proof of the individual's driver license or
1373
identification card, the private entity may manually collect
1374
personal information from the individual.
1375
(c) A private entity that violates this subsection is
1376
subject to a civil penalty not to exceed $5,000 per occurrence.
1377
(d) This subsection does not apply to a financial
1378
institution as defined in s. 655.005(1)(i).
1379
(7)(8) A person who:
1380
(a) Manufactures a false digital proof of driver license
1381
or identification card commits a felony of the third degree,
1382
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1383
(b) Possesses a false digital proof of driver license or
1384
identification card commits a misdemeanor of the second degree,
1385
punishable as provided in s. 775.082.
1386
Section 25. Paragraphs (c) through (n) of subsection (4)
1387
of section 322.142, Florida Statutes, are redesignated as
1388
paragraphs (d) through (o), respectively, a new paragraph (c) is
1389
added to that subsection, and subsections (5), (6), and (7) are
1390
added to that section, to read:
1391
322.142 Color photographic or digital imaged licenses.—
1392
(4) The department may maintain a film negative or print
1393
file. The department shall maintain a record of the digital
1394
image and signature of the licensees, together with other data
1395
required by the department for identification and retrieval.
1396
Reproductions from the file or digital record are exempt from
1397
the provisions of s. 119.07(1) and may be made and issued only:
1398
(c) For identity verification by a state agency pursuant
1399
to an interagency agreement, subject to the licensee's consent.
1400
(5) An identify verification service provider may use
1401
department data for the department's or another agency's
1402
internal identity verification purposes in a manner consistent
1403
with this section only if such data remains in the possession of
1404
the department.
1405
(6) An identity verification service provider may not
1406
sell, share, or retain any information outside of the purposes
1407
of this section.
1408
(7) The department may not allow the use of digital imaged
1409
licenses for a private entity's business purposes.
1410
Section 26. Paragraph (d) is added to subsection (11) of
1411
section 337.11, Florida Statutes, to read:
1412
337.11 Contracting authority of department; bids;
1413
emergency repairs, supplemental agreements, and change orders;
1414
combined design and construction contracts; progress payments;
1415
records; requirements of vehicle registration.—
1416
(11)
1417
(d)1. Without creating any enforceable third-party
1418
beneficiary rights, the department may make direct payments to
1419
first-tier subcontractors. The department shall adopt by rule
1420
procedures to implement this subsection. Such procedures shall
1421
establish the conditions under which such payments may be made
1422
and shall consider, at a minimum, whether:
1423
a. The contractor has not requested payment from the
1424
department for at least 6 months.
1425
b. There is a binding, written subcontract between the
1426
contractor and the subcontractor, and the department is in
1427
possession of a complete copy of the subcontract.
1428
c. The subcontractor has performed work that is unpaid by
1429
the contractor, and the department has sufficient documentation
1430
of such unpaid work.
1431
d. There is no legitimate dispute between the contractor
1432
and the subcontractor.
1433
e. The department has provided written notice to the
1434
payment and performance bond surety at least 30 days before
1435
releasing any payment under this paragraph, and the surety has
1436
not objected in writing within that 30-day period based on a
1437
documented dispute or claim regarding the work or payment.
1438
2. Any amounts paid by the department under this paragraph
1439
shall be deducted from amounts otherwise due the contractor.
1440
Section 27. Subsection (6) of section 337.18, Florida
1441
Statutes, is renumbered as subsection (7), and a new subsection
1442
(6) is added to that section to read:
1443
337.18 Surety bonds for construction or maintenance
1444
contracts; requirement with respect to contract award; bond
1445
requirements; defaults; damage assessments.—
1446
(6) If the department and the surety enter into a takeover
1447
agreement, the agreement shall set forth procedures regarding
1448
the surety's certification of disbursement of payment to
1449
subcontractors.
1450
Section 28. Paragraph (j) is added to subsection (6) of
1451
section 339.175, Florida Statutes, to read:
1452
339.175 Metropolitan planning organization.—
1453
(6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
1454
privileges, and authority of an M.P.O. are those specified in
1455
this section or incorporated in an interlocal agreement
1456
authorized under s. 163.01. Each M.P.O. shall perform all acts
1457
required by federal or state laws or rules, now and subsequently
1458
applicable, which are necessary to qualify for federal aid. It
1459
is the intent of this section that each M.P.O. be involved in
1460
the planning and programming of transportation facilities,
1461
including, but not limited to, airports, intercity and high-
1462
speed rail lines, seaports, and intermodal facilities, to the
1463
extent permitted by state or federal law. An M.P.O. may not
1464
perform project production or delivery for capital improvement
1465
projects on the State Highway System.
1466
(j) By December 31, 2026, the M.P.O.'s serving Charlotte,
1467
Collier, and Lee Counties must submit to the Governor, the
1468
President of the Senate, and the Speaker of the House of
1469
Representatives a feasibility report exploring the benefits,
1470
costs, and process of consolidation into a single M.P.O. serving
1471
the contiguous urbanized area, the goal of which is to:
1472
1. Coordinate transportation projects deemed to be
1473
regionally significant.
1474
2. Review the impact of regionally significant land use
1475
decisions on the region.
1476
3. Review all proposed regionally significant
1477
transportation projects in the transportation improvement
1478
programs.
1479
Section 29. Subsection (23) is added to section 775.15,
1480
Florida Statutes, to read:
1481
775.15 Time limitations; general time limitations;
1482
exceptions.—
1483
(23) For a traffic citation enforced pursuant to s.
1484
316.0083, s. 316.173, s. 316.183, or s. 316.1896, the 1-year
1485
period of limitation for a noncriminal violation pursuant to
1486
paragraph (2)(d) is extended for 1 year upon receipt of an
1487
affidavit indicating that the motor vehicle was in the care,
1488
custody, or control of another person at the time of the
1489
violation, as authorized in s. 316.0083, s. 316.173, s. 316.183,
1490
or s. 316.1896, respectively.
1491
Section 30. Subsection (1) of section 316.1995, Florida
1492
Statutes, is amended to read:
1493
316.1995 Driving upon sidewalk or bicycle path.—
1494
(1) Except as provided in s. 316.008, s. 316.20655, s. s.
1495
316.212(9) 316.212(8), or s. 316.2128, a person may not drive
1496
any vehicle other than by human power upon a bicycle path,
1497
sidewalk, or sidewalk area, except upon a permanent or duly
1498
authorized temporary driveway.
1499
Section 31. Subsection (1) of section 316.2125, Florida
1500
Statutes, is amended to read:
1501
316.2125 Operation of golf carts within a retirement
1502
community.—
1503
(1) Notwithstanding the provisions of s. 316.212, the
1504
reasonable operation of a golf cart, equipped and operated as
1505
provided in s. 316.212(6), (7), and (8) s. 316.212 (5), (6), and
1506
(7), within any self-contained retirement community is
1507
authorized permitted unless prohibited under subsection (2).
1508
Section 32. Paragraphs (a) and (b) of subsection (1) and
1509
paragraph (c) of subsection (3) of section 316.2126, Florida
1510
Statutes, are amended to read:
1511
316.2126 Authorized use of golf carts, low-speed vehicles,
1512
and utility vehicles.—
1513
(1) In addition to the powers granted by ss. 316.212 and
1514
316.2125, municipalities are authorized to use golf carts and
1515
utility vehicles, as defined in s. 320.01, upon any state,
1516
county, or municipal roads located within the corporate limits
1517
of such municipalities, subject to the following conditions:
1518
(a) Golf carts and utility vehicles must comply with the
1519
operational and safety requirements in ss. 316.212 and 316.2125,
1520
and with any more restrictive ordinances enacted by the local
1521
governmental entity pursuant to s. 316.212(9) s. 316.212(8), and
1522
shall be operated only by municipal employees for municipal
1523
purposes, including, but not limited to, police patrol, traffic
1524
enforcement, and inspection of public facilities.
1525
(b) In addition to the safety equipment required in s.
1526
316.212(7) s. 316.212(6) and any more restrictive safety
1527
equipment required by the local governmental entity pursuant to
1528
s. 316.212(9) s. 316.212(8), such golf carts and utility
1529
vehicles must be equipped with sufficient lighting and turn
1530
signal equipment.
1531
(3)
1532
(c) All vehicles specified in this subsection must be:
1533
1. Marked in a conspicuous manner with the name of the
1534
delivery service.
1535
2. Equipped with, at a minimum, the equipment required
1536
under s. 316.212(7) s. 316.212(6).
1537
3. Equipped with head lamps and tail lamps, in addition to
1538
the safety requirements in s. 316.212(7) s. 316.212(6), if
1539
operated after sunset.
1540
Section 33. Subsection (5) of section 316.2128, Florida
1541
Statutes, is amended to read:
1542
316.2128 Micromobility devices, motorized scooters, and
1543
miniature motorcycles; requirements.—
1544
(5) A person who engages in the business of, serves in the
1545
capacity of, or acts as a commercial seller of miniature
1546
motorcycles in this state must prominently display at his or her
1547
place of business a notice that such vehicles are not legal to
1548
operate on public roads, may not be registered as motor
1549
vehicles, and may not be operated on sidewalks unless authorized
1550
by an ordinance enacted pursuant to s. 316.008(7)(a) or s.
1551
316.212(9) s. 316.212(8). The required notice must also appear
1552
in all forms of advertising offering miniature motorcycles for
1553
sale. The notice and a copy of this section must also be
1554
provided to a consumer before prior to the consumer's purchasing
1555
or becoming obligated to purchase a miniature motorcycle.
1556
Section 34. Subsection (6) of section 316.455, Florida
1557
Statutes, is amended to read:
1558
316.455 Other equipment.—Every motorcycle and every motor-
1559
driven cycle when operated upon a highway shall comply with the
1560
requirements and limitations of:
1561
(6) Section 316.272 on the requirement for mufflers and
1562
prevention of noise.
1564
A violation of this section is a noncriminal traffic infraction,
1565
punishable as a nonmoving violation as provided in chapter 318.
1566
Section 35. Section 322.059, Florida Statutes, is amended
1567
to read:
1568
322.059 Mandatory surrender of suspended driver license
1569
and registration.—A person whose driver license or registration
1570
has been suspended as provided in s. 322.058 must immediately
1571
return his or her driver license and registration to the
1572
Department of Highway Safety and Motor Vehicles. The department
1573
shall invalidate the digital proof of driver license issued
1574
pursuant to s. 322.032 for such person. If such person fails to
1575
return his or her driver license or registration, a law
1576
enforcement agent may seize the license or registration while
1577
the driver license or registration is suspended.
1578
Section 36. Subsection (1) of section 322.15, Florida
1579
Statutes, is amended to read:
1580
322.15 License to be carried and exhibited on demand;
1581
fingerprint to be imprinted upon a citation.—
1582
(1) Every licensee shall have his or her driver license,
1583
which must be fully legible with no portion of such license
1584
faded, altered, mutilated, or defaced, in his or her immediate
1585
possession at all times when operating a motor vehicle and shall
1586
present or submit the same upon the demand of a law enforcement
1587
officer or an authorized representative of the department. A
1588
licensee may present or submit a digital proof of driver license
1589
as provided in s. 322.032 in lieu of his or her printed driver
1590
license; however, if the law enforcement officer or authorized
1591
representative of the department is unable to immediately verify
1592
the digital proof of driver license, upon the demand of the law
1593
enforcement officer or authorized representative of the
1594
department, the licensee must present or submit his or her
1595
printed driver license.
1596
Section 37. Subsection (11) of section 403.061, Florida
1597
Statutes, is amended to read:
1598
403.061 Department; powers and duties.—The department
1599
shall have the power and the duty to control and prohibit
1600
pollution of air and water in accordance with the law and rules
1601
adopted and promulgated by it and, for this purpose, to:
1602
(11) Establish ambient air quality and water quality
1603
standards for the state as a whole or for any part thereof, and
1604
also standards for the abatement of excessive and unnecessary
1605
noise. The department is authorized to establish reasonable
1606
zones of mixing for discharges into waters. For existing
1607
installations as defined by rule 62-520.200(10), Florida
1608
Administrative Code, effective July 12, 2009, zones of discharge
1609
to groundwater are authorized horizontally to a facility's or
1610
owner's property boundary and extending vertically to the base
1611
of a specifically designated aquifer or aquifers. Such zones of
1612
discharge may be modified in accordance with procedures
1613
specified in department rules. Exceedance of primary and
1614
secondary groundwater standards that occur within a zone of
1615
discharge does not create liability pursuant to this chapter or
1616
chapter 376 for site cleanup, and the exceedance of soil cleanup
1617
target levels is not a basis for enforcement or site cleanup.
1618
(a) When a receiving body of water fails to meet a water
1619
quality standard for pollutants set forth in department rules, a
1620
steam electric generating plant discharge of pollutants that is
1621
existing or licensed under this chapter on July 1, 1984, may
1622
nevertheless be granted a mixing zone, provided that:
1623
1. The standard would not be met in the water body in the
1624
absence of the discharge;
1625
2. The discharge is in compliance with all applicable
1626
technology-based effluent limitations;
1627
3. The discharge does not cause a measurable increase in
1628
the degree of noncompliance with the standard at the boundary of
1629
the mixing zone; and
1630
4. The discharge otherwise complies with the mixing zone
1631
provisions specified in department rules.
1632
(b) Mixing zones for point source discharges are not
1633
permitted in Outstanding Florida Waters except for:
1634
1. Sources that have received permits from the department
1635
prior to April 1, 1982, or the date of designation, whichever is
1636
later;
1637
2. Blowdown from new power plants certified pursuant to
1638
the Florida Electrical Power Plant Siting Act;
1639
3. Discharges of water necessary for water management
1640
purposes which have been approved by the governing board of a
1641
water management district and, if required by law, by the
1642
secretary; and
1643
4. The discharge of demineralization concentrate which has
1644
been determined permittable under s. 403.0882 and which meets
1645
the specific provisions of s. 403.0882(4)(a) and (b), if the
1646
proposed discharge is clearly in the public interest.
1647
(c) The department, by rule, shall establish water quality
1648
criteria for wetlands which criteria give appropriate
1649
recognition to the water quality of such wetlands in their
1650
natural state.
1652
This act may not be construed to invalidate any existing
1653
department rule relating to mixing zones. The department shall
1654
cooperate with the Department of Highway Safety and Motor
1655
Vehicles in the development of regulations required by s.
1656
316.272(1).
1658
The department shall implement such programs in conjunction with
1659
its other powers and duties and shall place special emphasis on
1660
reducing and eliminating contamination that presents a threat to
1661
humans, animals or plants, or to the environment.
1662
Section 38. Subsection (9) of section 403.415, Florida
1663
Statutes, is amended to read:
1664
403.415 Motor vehicle noise.—
1665
(9) OPERATING VEHICLE NOISE MEASUREMENTS.—The department
1666
shall establish, with the cooperation of the Department of
1667
Highway Safety and Motor Vehicles, measurement procedures for
1668
determining compliance of operating vehicles with the noise
1669
limits of s. 316.293(2). The department shall advise the
1670
Department of Highway Safety and Motor Vehicles on technical
1671
aspects of motor vehicle noise enforcement regulations, assist
1672
in the training of enforcement officers, and administer a sound-
1673
level meter loan program for local enforcement agencies.
1674
Section 39. For the purpose of incorporating the amendment
1675
made by this act to section 318.18, Florida Statutes, in a
1676
reference thereto, section 318.121, Florida Statutes, is
1677
reenacted to read:
1678
318.121 Preemption of additional fees, fines, surcharges,
1679
and costs.—Notwithstanding any general or special law, or
1680
municipal or county ordinance, additional fees, fines,
1681
surcharges, or costs other than the court costs and surcharges
1682
assessed under s. 318.18(12), (14), (19), (20), and (23) may not
1683
be added to the civil traffic penalties assessed under this
1684
chapter.
1685
Section 40. Except as otherwise expressly provided in this
1686
act and except for this section, which shall take effect upon
1687
this act becoming a law, this act shall take effect July 1,
1688
2026.