THE BILL ITSELF
HB 557
Intelligent Speed Assistance Devices
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A bill to be entitled
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An act relating to intelligent speed assistance
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devices; amending ss. 316.191 and 316.1922, F.S.;
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requiring certain persons convicted of certain driving
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offenses to comply with specified requirements;
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creating s. 316.1928, F.S.; defining the terms
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"eligible offender" and "intelligent speed assistance
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device"; prohibiting an eligible offender from
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operating a motor vehicle unless such vehicle is
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equipped with an intelligent speed assistance device;
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requiring an eligible offender to install and use such
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device for a specified period as ordered by the court;
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requiring an eligible offender to provide proof of
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installation to the Department of Highway Safety and
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Motor Vehicles; requiring an eligible offender to pay
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all costs associated with such device; authorizing
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certain eligible offenders to participate in an
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affordability program; providing requirements for such
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program; providing that an eligible offender approved
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for the program shall receive a discount on costs
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associated with such device; requiring such device to
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be equipped with a manual override function; providing
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requirements for such function; requiring such device
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and each manufacturer, installer, and provider of such
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device to be certified by the department; requiring a
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person who installs, repairs, maintains, monitors, or
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removes such device to submit results of a criminal
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background check to the department; requiring a
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provider to provide certain support services;
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requiring secure maintenance of device data and
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limiting the sharing thereof; requiring the department
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to establish certain procedures; prohibiting certain
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actions relating to such device; providing penalties;
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authorizing an eligible offender to operate a motor
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vehicle without installation of such device under
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certain circumstances; providing exceptions; requiring
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certain eligible offenders to submit a vehicle nonuse
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affidavit to the department; providing for
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reinstatement of an eligible offender's driving
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privilege; providing immunity from liability for motor
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vehicle manufacturers, distributors, and retailers;
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providing an exception; providing construction;
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requiring the department to submit an annual report to
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the Legislature beginning on a specified date;
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authorizing the department to adopt rules; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (h) is added to subsection (3) of
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section 316.191, Florida Statutes, to read:
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316.191 Racing on highways, street takeovers, and stunt
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driving.—
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(3)
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(h) Any person whose driver license has been revoked under
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this subsection must comply with s. 316.1928 upon reinstatement
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of his or her license.
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Section 2. Subsection (2) of section 316.1922, Florida
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Statutes, is amended to read:
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316.1922 Dangerous excessive speeding.—
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(2) A person convicted of dangerous excessive speeding
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shall be punished by mandatory compliance with s. 316.1928 and:
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(a) Upon a first conviction, by imprisonment for up to 30
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days or by a fine of $500, or by both a fine and imprisonment.
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(b) Upon a second or subsequent conviction, by
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imprisonment for up to 90 days or by a fine of $1,000, or by
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both such fine and imprisonment. A person convicted of a second
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or subsequent violation of this section that occurs within 5
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years after the date of a prior conviction for a violation of
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this section shall have his or her driving privilege revoked for
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at least 180 days but not no more than 1 year.
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Section 3. Section 316.1928, Florida Statutes, is created
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to read:
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316.1928 Intelligent speed assistance devices required;
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prohibited acts; penalties.—
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(1) As used in this section, the term:
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(a) "Eligible offender" means a person whose driver
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license was suspended for a violation of s. 316.191 or s.
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316.1922 and has been reinstated or a person who has received
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more than two speeding tickets in 12 months.
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(b) "Intelligent speed assistance device" means an
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aftermarket device that uses a global positioning system to
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actively limit a motor vehicle's speed to posted or preset speed
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limits. Intelligent speed assistance devices must be tamper
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resistant and capable of reporting attempts to disable or
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circumvent functionality. The term does not include any
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technology that is provided by a motor vehicle manufacturer as a
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component of a new motor vehicle and that controls or affects
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the speed of a motor vehicle.
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(2)(a) An eligible offender may not operate a motor
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vehicle unless such vehicle is equipped with a functioning
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intelligent speed assistance device certified by the department.
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(b) An eligible offender must install and use an
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intelligent speed assistance device for at least 12 months as
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ordered by the court.
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(c) An eligible offender must provide proof of
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installation of an intelligent speed assistance device to the
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department on a form approved by the department.
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(3)(a) An eligible offender shall pay for all costs
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associated with the intelligent speed assistance device,
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including the lease, installation, maintenance, and removal of
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the device, unless he or she qualifies for a discount under
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paragraph (b).
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(b)1. An eligible offender may apply to the department to
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participate in an affordability program created by the
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department to discount the costs associated with an intelligent
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speed assistance device. An eligible offender must include with
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his or her application:
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a. Proof of his or her enrollment in any of the following
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public assistance programs:
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(I) Temporary Assistance for Needy Families;
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(II) Supplemental Security Income;
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(III) Supplemental Nutrition Assistance Program; or
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(IV) Low-income home energy assistance program under s.
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409.508; or
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b. Documentation that his or her household income is at or
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below 150 percent of the federal poverty level.
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2. An eligible offender approved by the department for
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participation in the affordability program shall receive a
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discount on the costs associated with an intelligent speed
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assistance device.
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(4) An intelligent speed assistance device shall be
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equipped with a manual override function that allows the
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operator of the motor vehicle to disable the device for up to 1
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minute in order to exceed the posted speed limit by up to 10
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miles per hour. Such override function is intended for emergency
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use to avoid a potential crash or other driving hazard or to
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otherwise operate the motor vehicle safely and may be used up to
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two times each month.
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(5)(a) An intelligent speed assistance device and each
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manufacturer, installer, and provider of such device must be
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certified by the department.
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(b) Each person who installs, repairs, maintains,
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monitors, or removes an intelligent speed assistance device must
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submit the results of a criminal background check to the
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department.
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(c) An intelligent speed assistance device provider shall
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establish and operate a toll-free telephone number that is
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available 24 hours a day to provide support services related to
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intelligent speed assistance devices.
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(6) All data collected by the intelligent speed assistance
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device under this section shall be securely maintained by the
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intelligent speed assistance device provider. Data may be shared
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with the department or the judge who ordered the installation of
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the intelligent speed assistance device under the following
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circumstances:
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(a) When required by a court order;
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(b) As directed by law or regulation;
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(c) In a case involving a violation of this section; or
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(d) If the data is depersonalized and aggregated for
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research or evaluation purposes.
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(7) The department shall establish procedures for:
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(a) Notifying eligible offenders of the requirements of
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this section.
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(b) Certifying intelligent speed assistance devices.
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(c) Verifying installation and continued functionality of
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intelligent speed assistance devices.
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(d) Implementing and administering the affordability
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program created under paragraph (3)(b).
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(e) Monitoring compliance with this section and responding
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to violations.
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(8)(a) A person may not tamper or interfere with, or
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direct, allow, or request another person to tamper or interfere
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with, the proper functionality of an intelligent speed
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assistance device or any component thereof. A person who
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violates this paragraph commits a misdemeanor of the third
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degree, punishable as provided in s. 775.082 or s. 775.083.
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(b)1. An eligible offender may not:
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a. Operate a motor vehicle without a required intelligent
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speed assistance device installed therein, except as provided in
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subsection (9).
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b. Fail to return an intelligent speed assistance device
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to the provider of the device at the end of the period ordered
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by the court under paragraph (2)(b).
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2. An eligible offender who violates subparagraph 1. is
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subject to immediate suspension or revocation of his or her
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driving privilege and imposition of a 6-month extension of the
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period ordered by the court under paragraph (2)(b).
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(9)(a) If an eligible offender is required to operate a
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motor vehicle in the course and scope of his or her employment
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and the motor vehicle is owned or leased by the employer, the
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eligible offender may operate such motor vehicle without
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installation of an intelligent speed assistance device if the
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eligible offender provides the employer with a copy of the court
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order requiring such installation.
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(b) Paragraph (a) does not apply if:
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1. The business entity that owns or leases the motor
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vehicle is owned or controlled by the eligible offender; or
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2. The motor vehicle is assigned exclusively to the
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eligible offender and used solely for travel to and from his or
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her place of employment.
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(10) If an eligible offender does not comply with this
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section and chooses to instead relinquish his or her driving
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privilege, his or her driver license is permanently revoked and
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he or she must submit a vehicle nonuse affidavit to the
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department.
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(11) An eligible offender's driving privilege is
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reinstated upon the expiration of the period ordered by the
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court under paragraph (2)(b) and any extension thereto imposed
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under subparagraph (8)(b)2.
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(12) A motor vehicle manufacturer, distributor, or
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retailer is not liable for any loss, injury, or damages caused
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by the design, manufacture, installation, improper installation,
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use, or misuse of an aftermarket intelligent speed assistance
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device. However, liability does exist if the motor vehicle
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manufacturer, distributor, or retailer knowingly engages in a
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repair of or an update to the intelligent speed assistance
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device and such repair or update proximately causes loss,
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injury, or damage.
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(13) This section does not:
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(a) Require a motor vehicle manufacturer, distributor, or
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retailer to manufacture, distribute, or offer for sale a motor
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vehicle that includes or is compatible with an intelligent speed
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assistance device.
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(b) Prohibit a lessor or lienholder from requiring that a
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motor vehicle lessee or owner notify the lessor or lienholder
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that an intelligent speed assistance device has been installed
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on a motor vehicle that is subject to a lease or finance
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agreement.
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(14) Beginning January 1, 2027, and annually thereafter,
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the department shall submit a report to the President of the
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Senate and the Speaker of the House of Representatives that
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summarizes compliance with this section.
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(15) The department may adopt rules to implement this
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section and may make adjustments thereto based on findings and
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emerging best practices in intelligent speed assistance
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technology.
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Section 4. This act shall take effect July 1, 2026.