SB 1104 — License Plates

A warning letter shall be mailed to the sponsoring organization following the first month in which the total number of valid specialty plate registrations is below 3,000, oror, in the case of an out-ofout-of-state state college or university license plate, below 4,000 1,000 plates.

Section 7. Subsections (7) and (31), present subsections (48), (57), and (65), paragraph (b) of present subsection (66), present subsections (69) and (70), and paragraph (b) of present subsection (80) of section 320.08058, Florida Statutes, are amended, present subsections (32) through (56) of that section are redesignated as subsections (31) through (55), respectively, present subsections (58) through (68) of that section are redesignated as subsections (56) through (66), respectively, present subsections (71) through (83) of that section are redesignated as subsections (67) through (79), respectively, and new subsections (80) through (83) and subsections (84) through (95)(113) are added to that section, to read:

The Florida State Beekeepers Association board of managers shall approveapprove, and is accountable forfor, all such expenditures.

(95) BLUE ANGELS LICENSE PLATE.—PLATES.— (a) The department shall develop a Blue Angels license plate as provided in this section and s.

(96) PALM BEACH ZOO AND CONSERVATION SOCIETY LICENSE PLATES.— (a) The department shall develop a Palm Beach Zoo and Conservation Society license plate as provided in this section and s.

320.08053.

Palm Beach Zoo and Conservation Society license plates must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Palm Beach Zoo and Conservation Society” must appear at the bottom of the plate.

(b) The license plate annual use fees shall be distributed to the Palm Beach Zoo and Conservation Society to fund educational programs for students in pre-K through grade 12, conservation projects to protect endangered or threatened species, and services for the health and welfare of animals in the zoo’s care.

The Palm Beach Zoo and Conservation Society may retain all revenue from the annual use fees until all startup costs for developing and establishing the plate have been recovered.

Thereafter, up to 10 percent of the annual use fee revenue may be used for promotion and marketing of the specialty license plate and administrative costs directly associated with the programs of the society and the specialty license plate.

(97) ETHICAL ECOTOURISM LICENSE PLATES.— (a) The department shall develop an Ethical Ecotourism license plate as provided in this section and s.

320.08053.

The word “Florida” must appear at the top of the plate, and words that are approved by the department must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate must be distributed equally between the Florida Society for Ethical Ecotourism and Paddle Florida, Inc., each of which may use up to 10 percent of such proceeds for administrative costs and the marketing of the plate.

The remaining proceeds must be used by the Florida Society for Ethical Ecotourism to provide environmental education and awareness that encourage behaviors that contribute to the sustainability of Florida’s natural ecosystems and resources, and by Paddle Florida, Inc., to raise awareness about water conservation, wildlife preservation, restoration of springs, and protection of waterways in this state.

(98) KNIGHTS OF COLUMBUS LICENSE PLATES.— (a) The department shall develop a Knights of Columbus license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “In God We Trust” must appear at the bottom of the plate.

(b) The license plate annual use fees shall be distributed to Florida KofC Charities, Inc., which may use a maximum of 10 percent of the proceeds to promote and market the plate.

The remainder of the proceeds shall be used by Florida KofC Charities, Inc., a Knights of Columbus organization under s.

501(c)(3) of the Internal Revenue Code, to fund its charitable activities, including, but not limited to, the Christian Refugee Relief Fund, disaster relief, Ultrasound Initiative, Food for Families, and Coats for Kids.

(99) DAUGHTERS OF THE AMERICAN REVOLUTION LICENSE PLATES.— (a) The department shall develop a Daughters of the American Revolution license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the word “Daughters of the American Revolution” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the Daughters of the American Revolution, a nonprofit organization under s.

501(c)(3) of the Internal Revenue Code.

Up to 10 percent of the proceeds may be used for the promotion and marketing of the plate.

The remainder of the proceeds shall be used within this state by the Daughters of the American Revolution, a nonpolitical volunteer women’s service organization, to promote patriotism, preserve American history, and secure America’s future through educational programs for local public and private K-12 students and scholarships and other educational funding for underprivileged children.

(100) GUARDIAN AD LITEM LICENSE PLATES.— (a) The department shall develop a Guardian Ad Litem license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Heartfelt Child Advocacy” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the Florida Guardian Ad Litem Foundation, Inc., a direct-support organization and a nonprofit corporation under s.

501(c)(3) of the Internal Revenue Code.

Up to 10 percent of the proceeds may be used for administrative costs and the marketing of the plate.

The remainder of the proceeds must be used in this state to support the mission and efforts of the statewide Guardian Ad Litem Program to recruit and retain volunteer child advocates, meet the unique needs of dependent children, and promote awareness of the mission.

(101) JUMBO SHRIMP LICENSE PLATES.— (a) The department shall develop a Jumbo Shrimp license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the word “Jumbo Shrimp” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to St.

Johns Riverkeeper, a nonprofit organization under s.

501(c)(3) of the Internal Revenue Code.

Up to 10 percent of the proceeds may be used for the promotion and marketing of the plate.

The remainder of the proceeds shall be used by St.

Johns Riverkeeper for programs and activities related to fulfilling its mission to protect and restore the health of the St.

Johns River.

(102) OMEGA PSI PHI FRATERNITY LICENSE PLATES.— (a) The department shall develop an Omega Psi Phi Fraternity license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Omega Psi Phi” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the State of Florida Omega Friendship Foundation, Inc., to be used as follows:

1. Five percent shall be used solely for marketing of the Omega Psi Phi Fraternity license plate.

2. Ninety-five percent shall be used for college scholarships for Florida residents attending historically black colleges and universities in this state.

(103) DELTA SIGMA THETA SORORITY LICENSE PLATES.— (a) The department shall develop a Delta Sigma Theta Sorority license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Delta Sigma Theta” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the Delta Research and Educational Foundation, Inc., to be used as follows:

1. Five percent shall be used solely for marketing of the Delta Sigma Theta Sorority license plate.

2. Ninety-five percent shall be used for college scholarships for Florida residents attending historically black colleges and universities in this state.

(104) SIGMA GAMMA RHO SORORITY LICENSE PLATES.— (a) The department shall develop a Sigma Gamma Rho Sorority license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Sigma Gamma Rho” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the Department of Education to be used for the Mary McLeod Bethune Scholarship Program in accordance with s.

1009.73.

(105) KAPPA ALPHA PSI FRATERNITY LICENSE PLATES.— (a) The department shall develop a Kappa Alpha Psi Fraternity license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Kappa Alpha Psi” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the Southern Province of Kappa Alpha Psi Foundation, Inc., to be used as follows:

1. Five percent shall be used solely for marketing of the Kappa Alpha Psi Fraternity license plate.

2. Ninety-five percent shall be used for college scholarships for Florida residents attending historically black colleges and universities in this state.

(106) ALPHA KAPPA ALPHA SORORITY LICENSE PLATES.— (a) The department shall develop an Alpha Kappa Alpha Sorority license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Alpha Kappa Alpha” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the Alpha Kappa Alpha Educational Advancement Foundation, Inc., to be used as follows:

1. Five percent shall be used solely for marketing of the Alpha Kappa Alpha Sorority license plate.

2. Ninety-five percent shall be used for college scholarships for Florida residents attending historically black colleges and universities in this state.

(107) ALPHA PHI ALPHA FRATERNITY LICENSE PLATES.— (a) The department shall develop an Alpha Phi Alpha Fraternity license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Alpha Phi Alpha” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the Department of Education to be used for the JC Rawls-FFAC Foundation, Inc.

(108) ZETA PHI BETA SORORITY LICENSE PLATES.— (a) The department shall develop a Zeta Phi Beta Sorority license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Zeta Phi Beta” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the Department of Education to be used for the Mary McLeod Bethune Scholarship Program in accordance with s.

1009.73.

(109) PHI BETA SIGMA FRATERNITY LICENSE PLATES.— (a) The department shall develop a Phi Beta Sigma Fraternity license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Phi Beta Sigma” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the Department of Education to be used for the Mary McLeod Bethune Scholarship Program in accordance with s.

1009.73.

(110) IOTA PHI THETA FRATERNITY LICENSE PLATES.— (a) The department shall develop an Iota Phi Theta Fraternity license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Iota Phi Theta” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the Department of Education to be used for the Mary McLeod Bethune Scholarship Program in accordance with s.

1009.73.

(111) GOPHER TORTOISE LICENSE PLATES.— (a) The department shall develop a Gopher Tortoise license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Protect the Gopher Tortoise” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to Wildlands Conservation, Inc., a nonprofit corporation under s.

501(c)(3) of the Internal Revenue Code, to fund gopher tortoise and commensal species research, education, and conservation, as well as upland habitat protection, restoration, and management in this state.

Up to 15 percent of the funds received by Wildlands Conservation, Inc., may be used for marketing of the plate and costs directly associated with the administration of the gopher tortoise protection program.

Wildlands Conservation, Inc., shall use and distribute the funds to eligible Florida-based scientific, conservation, and educational organizations for gopher tortoise and upland habitat research, conservation, and management.

(112) TREAD LIGHTLY OFF ROAD FLORIDA LICENSE PLATES.— (a) The department shall develop a Tread Lightly Off Road Florida license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The words “Tread Lightly” must appear at the top of the plate, and the word “Florida” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed to the Florida Off Road Foundation, Inc., a nonprofit corporation under s.

501(c)(3) of the Internal Revenue Code.

Up to 10 percent of the funds may be used for marketing of the plate, costs directly associated with creation of the plate, and administrative costs related to distribution of proceeds, including annual audit services and compliance affidavit costs.

The remainder of the funds shall be used by the Florida Off Road Foundation, Inc., to fund qualified nonprofit organizations that protect and preserve Florida’s natural off-road habitat;

educate Floridians about responsible use of the off-road environment;

support civilian volunteer programs to promote the use of off road vehicles to assist law enforcement in situations such as search and rescue;

support organized cleanups, trail maintenance, and restoration;

or preserve Florida’s off-road culture.

(113) ORLANDO UNITED LICENSE PLATES.— (a) The department shall develop an Orlando United license plate as provided in this section and s.

320.08053.

The plate must bear the colors and design approved by the department.

The word “Florida” must appear at the top of the plate, and the words “Orlando United” must appear at the bottom of the plate.

(b) The annual use fees from the sale of the plate shall be distributed as follows:

1. Five percent shall be distributed to the Mental Health Association of Central Florida, Inc., to be used for marketing of the license plate.

2. Thirty-one percent shall be distributed to the Mental Health Association of Central Florida, Inc.

Of this amount, up to 5 percent may be used for administrative expenses, and the remainder shall be used to offer free personalized counseling to any person affected by the shooting at the Pulse nightclub in Orlando on June 12, 2016.

3. Two percent shall be distributed to onePULSE Foundation, a charitable, nonprofit organization under s.

501(c)(3) of the Internal Revenue Code, to be used for marketing of the license plate.

4. Thirty-one percent shall be distributed to onePULSE Foundation.

Of this amount, up to 5 percent may be used for administrative expenses, and the remainder shall be used to support the construction and maintenance of the onePULSE Foundation Memorial.

5. Thirty-one percent shall be distributed to Two Spirit Health Services, Inc.

Of this amount, up to 5 percent may be used for administrative expenses, and the remainder shall be used to offer free personalized counseling to any person affected by the shooting at the Pulse nightclub in Orlando on June 12, 2016.

320.08, a resident of thethis state who owns or leases a motorcycle that is not used for hire or commercial use shall be issued a Purple Heart special motorcycle license plate if he or she provides documentation acceptable to the department that he or she is a recipient of the Purple Heart medal.

(2) The Purple Heart special motorcycle license plate shallmust be stamped with the term “Combat-wounded Veteran” followed by the serial number of the license plate.

Section 12. Effective12. By JulyNovember 1, 2020,2019, sectionthe 322.01,annual Floridause Statutes,fees iswithheld amendedby the Department of Highway Safety and Motor Vehicles from the sale of the Live the Dream specialty license plate shall be used first to read:satisfy all outstanding royalty payments due to the Martin Luther King, Jr., Center for Nonviolent Social Change, Inc., for the use of the image of Dr.

322.01 Definitions.—As used in this chapter:

(1) “Actual weight” means the weight of a motor vehicle or motor vehicle combination plus the weight of the load carried on it, as determined at a fixed scale operated by the state or as determined by use of a portable scale operated by a law enforcement officer.

(2) “Alcohol” means any substance containing any form of alcohol including, but not limited to, ethanol, methanol, propanol, and isopropanol.

(3) “Alcohol concentration” means:

(a) The number of grams of alcohol per 100 milliliters of blood;

(b) The number of grams of alcohol per 210 liters of breath;

or (c) The number of grams of alcohol per 67 milliliters of urine.

(4) “Authorized emergency vehicle” means a vehicle that is equipped with extraordinary audible and visual warning devices, that is authorized by s.

316.2397 to display red or blue lights, and that is on call to respond to emergencies.

The term includes, but is not limited to, ambulances, law enforcement vehicles, fire trucks, and other rescue vehicles.

The term does not include wreckers, utility trucks, or other vehicles that are used only incidentally for emergency purposes.

(5) “Cancellation” means the act of declaring a driver license void and terminated.

(6) “Color photographic driver license” means a color photograph of a completed driver license form meeting the requirements prescribed in s.

322.14.

(7) “Commercial driver license” means a Class A, Class B, or Class C driver license issued in accordance with the requirements of this chapter.

(8) “Commercial motor vehicle” means any motor vehicle or motor vehicle combination used on the streets or highways, which:

(a) Has a gross vehicle weight rating of 26,001 pounds or more;

(b) Is designed to transport more than 15 persons, including the driver;

or (c) Is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R.

part 172, subpart F.

1101 A vehicle that occasionally transports personal property to and from a closed-course motorsport facility, as defined in s.

549.09(1)(a), is not a commercial motor vehicle if the use is not for profit and corporate sponsorship is not involved.

As used in this subsection, the term “corporate sponsorship” means a payment, donation, gratuity, in-kind service, or other benefit provided to or derived by a person in relation to the underlying activity, other than the display of product or corporate names, logos, or other graphic information on the property being transported.

(9) “Controlled substance” means any substance classified as such under 21 U.S.C.

s.

802(6), Schedules I-V of 21 C.F.R.

part 1308, or chapter 893.

(10) “Convenience service” means any means whereby an individual conducts a transaction with the department other than in person.

(11)(a) “Conviction” means a conviction of an offense relating to the operation of motor vehicles on highways which is a violation of this chapter or any other such law of this state or any other state, including an admission or determination of a noncriminal traffic infraction pursuant to s.

318.14, or a judicial disposition of an offense committed under any federal law substantially conforming to the aforesaid state statutory provisions.

(b) Notwithstanding any other provisions of this chapter, the definition of “conviction” provided in 49 C.F.R.

s.

383.5 applies to offenses committed in a commercial motor vehicle or by a person holding a commercial driver license.

(12) “Court” means any tribunal in this state or any other state, or any federal tribunal, which has jurisdiction over any civil, criminal, traffic, or administrative action.

(13) “Credential service provider” means the electronic credential provider competitively procured by the department which supplies secure credential services based on open standards for identity management and verification to qualified entities.

(14)(13) “Declared weight” means the maximum loaded weight declared for purposes of registration, pursuant to chapter 320.

(15)(14) “Department” means the Department of Highway Safety and Motor Vehicles acting directly or through its duly authorized representatives.

(16) “Digital identity verifier” means a digital system capable of securely authenticating the identity of an external agent, whether a person, organization, application, or device, without physically storing the necessary data to validate a digital identity.

(17)(15) “Disqualification” means a prohibition, other than an out-of-service order, that precludes a person from driving a commercial motor vehicle.

(18)(16) “Drive” means to operate or be in actual physical control of a motor vehicle in any place open to the general public for purposes of vehicular traffic.

(19)(17) “Driver license” means a certificate that, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator’s license as defined in 49 U.S.C.

s.

30301.

(20) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(21) “Electronic credential” means an electronic representation of a physical driver license or identification card which is viewable on an electronic credential system and capable of being verified and authenticated.

(22) “Electronic credential holder” means a person to whom an electronic credential has been issued.

(23) “Electronic credential provider” means a qualified entity contracted with the department to provide electronic credentials to electronic credential holders.

(24) “Electronic credential system” means a computer system used to display or transmit electronic credentials to a person or verification system and that may be accessed using an electronic device.

(25) “Electronic device” means a device or a portion of a device that is designed for and capable of communicating across a computer network with other computers or devices for the purpose of transmitting, receiving, or storing data, including, but not limited to, a cellular telephone, tablet, or other portable device designed for and capable of communicating with or across a computer network, and is used to render an electronic credential.

(26) “Electronic ID” means a technology solution by which a qualified entity authenticates the identity of an individual receiving goods or services.

(27)(18) “Endorsement” means a special authorization which permits a driver to drive certain types of vehicles or to transport certain types of property or a certain number of passengers.

(28) “Enterprise” means Florida or Florida’s government.

(29)(19) “Farmer” means a person who grows agricultural products, including aquacultural, horticultural, and forestry products, and, except as provided herein, employees of such persons.

The term does not include employees whose primary purpose of employment is the operation of motor vehicles.

(30)(20) “Farm tractor” means a motor vehicle that is:

(a) Operated principally on a farm, grove, or orchard in agricultural or horticultural pursuits and that is operated on the roads of this state only incidentally for transportation between the owner’s or operator’s headquarters and the farm, grove, or orchard or between one farm, grove, or orchard and another;

or (b) Designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

(31)(21) “Felony” means any offense under state or federal law that is punishable by death or by a term of imprisonment exceeding 1 year.

(32)(22) “Foreign jurisdiction” means any jurisdiction other than a state of the United States.

(33)(23) “Gross vehicle weight rating” means the value specified by the manufacturer as the maximum loaded weight of a single, combination, or articulated vehicle.

(34)(24) “Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C.

s.

5103 and is required to be placarded under subpart F of 49 C.F.R.

part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R.

part 73.

(35) “Interoperable” or “interoperability” means the technical ability for data to permissively be shared across the entire enterprise.

(36)(25) “Medical examiner’s certificate” means a document substantially in accordance with the requirements of 49 C.F.R.

s.

391.43.

(37)(26) “Motorcycle” means a motor vehicle powered by a motor with a displacement of more than 50 cubic centimeters, having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor, tri-vehicle, or moped.

(38)(27) “Motor vehicle” means any self-propelled vehicle, including a motor vehicle combination, not operated upon rails or guideway, excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles as defined in s.

316.003.

(39)(28) “Motor vehicle combination” means a motor vehicle operated in conjunction with one or more other vehicles.

(40)(29) “Narcotic drugs” means coca leaves, opium, isonipecaine, cannabis, and every substance neither chemically nor physically distinguishable from them, and any and all derivatives of same, and any other drug to which the narcotics laws of the United States apply, and includes all drugs and derivatives thereof known as barbiturates.

(41)(30) “Out-of-service order” means a prohibition issued by an authorized local, state, or Federal Government official which precludes a person from driving a commercial motor vehicle.

(42)(31) “Owner” means the person who holds the legal title to a vehicle.

However, if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, such conditional vendee, lessee, or mortgagor is the owner for the purpose of this chapter.

(43)(32) “Passenger vehicle” means a motor vehicle designed to transport more than 15 persons, including the driver, or a school bus designed to transport more than 15 persons, including the driver.

(44)(33) “Permit” means a document authorizing the temporary operation of a motor vehicle within this state subject to conditions established in this chapter.

(45) “Qualified entity” means a public or private entity that enters into a contract with the department, meets usage criteria, agrees to terms and conditions, and is authorized by the department to use the credential service provider for authentication and identification verification services.

(46)(34) “Resident” means a person who has his or her principal place of domicile in this state for a period of more than 6 consecutive months, has registered to vote, has made a statement of domicile pursuant to s.

222.17, or has filed for homestead tax exemption on property in this state.

(47)(35) “Restriction” means a prohibition against operating certain types of motor vehicles or a requirement that a driver comply with certain conditions when driving a motor vehicle.

(48)(36) “Revocation” means the termination of a licensee’s privilege to drive.

(49)(37) “School bus” means a motor vehicle that is designed to transport more than 15 persons, including the driver, and that is used to transport students to and from a public or private school or in connection with school activities, but does not include a bus operated by a common carrier in the urban transportation of school children.

The term “school” includes all preelementary, elementary, secondary, and postsecondary schools.

(50)(38) “State” means a state or possession of the United States, and, for the purposes of this chapter, includes the District of Columbia.

(51)(39) “Street or highway” means the entire width between the boundary lines of a way or place if any part of that way or place is open to public use for purposes of vehicular traffic.

(52)(40) “Suspension” means the temporary withdrawal of a licensee’s privilege to drive a motor vehicle.

(53)(41) “Tank vehicle” means a vehicle that is designed to transport any liquid or gaseous material within a tank either permanently or temporarily attached to the vehicle, if such tank has a designed capacity of 1,000 gallons or more.

(54)(42) “United States” means the 50 states and the District of Columbia.

(55)(43) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway or operated upon rails or guideway, except a bicycle, motorized wheelchair, or motorized bicycle.

(56)(44) “Identification card” means a personal identification card issued by the department which conforms to the definition in 18 U.S.C.

s.

1028(d).

(57)(45) “Temporary driver license” or “temporary identification card” means a certificate issued by the department which, subject to all other requirements of law, authorizes an individual to drive a motor vehicle and denotes an operator’s license, as defined in 49 U.S.C.

s.

30301, or a personal identification card issued by the department which conforms to the definition in 18 U.S.C.

s.

1028(d) and denotes that the holder is permitted to stay for a short duration of time, as specified on the temporary identification card, and is not a permanent resident of the United States.

(58)(46) “Tri-vehicle” means an enclosed three-wheeled passenger vehicle that:

(a) Is designed to operate with three wheels in contact with the ground;

(b) Has a minimum unladen weight of 900 pounds;

(c) Has a single, completely enclosed, occupant compartment;

(d) Is produced in a minimum quantity of 300 in any calendar year;

(e) Is capable of a speed greater than 60 miles per hour on level ground;

and (f) Is equipped with:

1. Seats that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No.

207, “Seating systems” (49 C.F.R.

s.

571.207);

2. A steering wheel used to maneuver the vehicle;

3. A propulsion unit located forward or aft of the enclosed occupant compartment;

4. A seat belt for each vehicle occupant certified to meet the requirements of Federal Motor Vehicle Safety Standard No.

209, “Seat belt assemblies” (49 C.F.R.

s.

571.209);

5. A windshield and an appropriate windshield wiper and washer system that are certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No.

205, “Glazing Materials” (49 C.F.R.

s.

571.205) and Federal Motor Vehicle Safety Standard No.

104, “Windshield Wiping and Washing Systems” (49 C.F.R.

s.

571.104);

and 6. A vehicle structure certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle Safety Standard No.

216, “Rollover crush resistance” (49 C.F.R.

s.

571.216).

Section 13. Effective July 1, 2020, section 322.032, Florida Statutes, is amended to read:

322.032 Electronic credential Digital proof of driver license.— (1)(a) The department shall develop and implement begin to review and prepare for the development of a secure and uniform protocols that comply with national standards system for issuing an optional electronic credential digital proof of driver license.

Instead of authorizing the appropriation of tax dollars on a fixed-price basis which risks taxpayer dollars in the event of nonperformance or underperformance by the credential service provider, the department shall procure the related technology solution from the credential service provider that uses a revenue sharing model through a competitive solicitation process pursuant to s.

287.057.

Such procurement shall align the incentives of the enterprise with those of the credential service provider such that the terms of the contract pay for value on a per-data-call basis, incentivize continuous and agile development, and discourage the delivery of a solution that is considered finished upon delivery to the enterprise.

The agreement between the department and the credential service provider shall allow for the parties to enter into subsequently mutually agreed-upon amendments that modify the cost of a data call so long as such modifications are market based to facilitate greater participation in the ecosystem.

(b) The revenue generated from qualified entities and digital identity verifiers shall be accounted for with the credential service provider’s portion being remitted on a regular and manageable payment cycle, not to exceed monthly.

The enterprise’s share of the revenue shall be distributed as follows:

20 percent to the department to manage and scale the electronic credential initiative;

30 percent to fund the operational budget of the Department of Innovation and Technology, should it be created, and if not created, to the Agency for State Technology for the sole purpose of deploying solutions to the state’s need for data interoperability across all agencies and functions of government;

and 50 percent to fund the interoperability initiatives across the enterprise.

(c) The department’s procurement shall consider and prioritize the most secure, functional, and cost-efficient technology to deploy a scalable and interoperable credential service provider and a credential service provider that does not physically store data in the process of performing the validation of a digital identity.

The procurement shall consider the use of a decentralized ledger immutable record to achieve the objectives stated herein.

(d) The department may issue electronic credentials to persons who hold a Florida driver license or identification card.

(e) Qualified entities must have the technological capabilities necessary to integrate with the credential service provider.

The department shall maintain the protocols and national standards necessary for a digital verifier or an electronic credential provider to request authorized access to an application programming interface, or appropriate technological tool of at least the same capabilities, necessary for such qualified entity to consume an electronic ID.

The department shall timely review requests for authorized access and approve all requests by digital verifiers that meet the department’s requirements.

(f) The electronic credential provider must have the necessary technological capabilities to execute the authentication of an electronic credential across all states, jurisdictions, federal and state agencies, and municipalities.

The electronic credential and verification solution must provide the standardized system integration necessary:

1. For qualified entities to securely consume an electronic credential.

2. For the production of a fully compliant electronic credential by electronic credential providers.

3. To successfully ensure secure authentication and validation of data from disparate sources.

(g) The department shall competitively procure at least five electronic credential providers contract with one or more private entities to develop and implement an initial phase to provide a secure electronic credential a digital proof of driver license system.

The procurement of electronic credential providers shall focus on functionality and ability to execute in context with the enterprise’s needs.

The department shall enter into agreements with electronic credential providers that provide the permitted uses, terms and conditions, privacy policy, and uniform remittance terms relating to the consumption of an electronic credential and include clear, enforceable, and significant penalties for violations of the agreements.

The department must competitively procure the credential service provider before the initial phase may begin.

Upon completion of the initial phase, the department shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives regarding the continued implementation and tools necessary to scale future phases.

(2)(a) The electronic credential digital proof of driver license developed by the department or by an electronic credential provider an entity contracted by the department must be in such a format as to allow law enforcement or an authorized consumer to verify the authenticity of the electronic credential and the identity of the credential holder and to validate the status of any driving privileges associated with the electronic credential digital proof of driver license.

The department shall adhere to protocols and national standards may adopt rules to ensure valid authentication of electronic credentials digital driver licenses by law enforcement.

(b) The act of presenting to a law enforcement officer an electronic device displaying an electronic credential does not constitute consent for the officer to access any information on the device other than the electronic credential.

(c) The person who presents the device to the officer assumes liability, absent a showing of reckless disregard by the officer, for any resulting damage to the device.

(3) A person may not be issued an electronic credential a digital proof of driver license until he or she has satisfied all of the requirements of this chapter for issuance of a physical driver license or identification card as provided in this chapter.

(4) A person who:

(a) Manufactures a false electronic credential digital proof of driver license commits a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(b) Possesses a false electronic credential digital proof of driver license commits a misdemeanor of the second degree, punishable as provided in s.

775.082.

Section 14. Effective July 1, 2020, section 322.059, Florida Statutes, is amended to read:

322.059 Mandatory surrender of suspended driver license and registration.—A person whose driver license or registration has been suspended as provided in s.

322.058 must immediately return his or her driver license and registration to the Department of Highway Safety and Motor Vehicles.

The department shall invalidate the electronic credential digital proof of driver license issued pursuant to s.

322.032 for such person.

If such person fails to return his or her driver license or registration, a law enforcement agent may seize the license or registration while the driver license or registration is suspended.

Section 15. Effective July 1, 2020, paragraph (c) of subsection (1) of section 322.143, Florida Statutes, is amended to read:

322.143 Use of a driver license or identification card.— (1) As used in this section, the term:

(c) “Swipe” means the act of passing a driver license or identification card through a device that is capable of deciphering, in an electronically readable format, the information electronically encoded in a magnetic strip or bar code on the driver license or identification card or consuming an electronic credential.

Section 16. Effective July 1, 2020, subsection (1) of section 322.15, Florida Statutes, is amended to read:

322.15 License to be carried and exhibited on demand;

fingerprint to be imprinted upon a citation.— (1) Every licensee shall have his or her driver license, which must be fully legible with no portion of such license faded, altered, mutilated, or defaced, in his or her immediate possession at all times when operating a motor vehicle and shall present or submit the same upon the demand of a law enforcement officer or an authorized representative of the department.

A licensee may present or submit an electronic credential a digital proof of driver license as provided in s.

322.032 in lieu of a physical driver license.

Section 17. Effective July 1, 2020, subsection (4) of section 322.61, Florida Statutes, is amended to read:

322.61 Disqualification from operating a commercial motor vehicle.— (4) Any person who is transporting hazardous materials as defined in s.

322.01(34) s.

322.01(24) shall, upon conviction of an offense specified in subsection (3), be disqualified from operating a commercial motor vehicle for a period of 3 years.

The penalty provided in this subsection shall be in addition to any other applicable penalty.

Section 18. By November 1, 2019, the annual use fees withheld by the Department of Highway Safety and Motor Vehicles from the sale of the Live the Dream specialty license plate shall be used first to satisfy all outstanding royalty payments due to the Martin Luther King, Jr.

Center for Nonviolent Social Change, Inc., for the use of the image of Dr.

Section 19. Except13. Except as otherwise expressly provided in this act, this act shall take effect October 1, 2019, but only if SB ____1106 or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.