HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 871 Department of Highway Safety and Motor Vehicles
SPONSOR(S): Commerce Committee, Infrastructure & Tourism Appropriations Subcommittee, Brannan
TIED BILLS: IDEN./SIM. BILLS: SB 914
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee 16 Y, 0 N Johnson Keating
2) Infrastructure & Tourism Appropriations 14 Y, 0 N, As CS Hicks Davis
Subcommittee
3) Commerce Committee 20 Y, 0 N, As CS Johnson Hamon
SUMMARY ANALYSIS
The bill addresses several matters involving the Department of Highway Safety and Motor Vehicles (DHSMV).
The bill:
 Provides law enforcement agencies additional time to submit required data concerning violations of the
Ban on Texting While Driving Law and provides DHSMV additional time to compile this information and
submit an annual report.
 Requires any operator of a motor vehicle to provide proof of the required security (e.g., insurance)
when requested by a law enforcement officer. If the operator of a vehicle is not the registered owner of
the vehicle, he or she may not be cited for failure to maintain the required security on the vehicle, but
may still be cited for failure to display proof of security.
 Extends the private rebuilt vehicle inspection program, currently only authorized in Miami-Dade County,
to 11 additional counties.
 Provides that a charter bus is an “apportionable vehicle” to make Florida law consistent with the
International Registration Plan.
 Prohibits persons with certain unpaid violations from obtaining a replacement motor vehicle registration
or license plate to avoid a registration stop.
 Establishes timeframes within which various dealers and manufacturers of recreational vehicles and
mobile homes must report to DHSMV changes in required insurance and surety bonds.
 Requires that, beginning November 1, 2023, each driver license or identification card number must
contain a minimum of four randomly generated digits, upon issuance, renewal, or replacement.
 Adds minimum insurance requirements for commercial motor vehicles carrying passengers, referring to
requirements in federal regulations.
The bill will have an indeterminate fiscal impact on local and state government revenues and an insignificant
impact on state government expenditures. It does not appear to impact local government expenditures. See
Fiscal Analysis section.
The bill has an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Texting While Driving Report Due Date
Current Situation
Florida’s Ban on Texting While Driving Law prohibits, with specified exceptions, a person from
operating a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other
characters into a wireless communications device1 or while sending or reading data on such a device
for the purpose of nonvoice interpersonal communication. This includes texting, e-mailing, and instant
messaging.2
When a law enforcement officer issues a citation for a violation of this law, the officer must record the
race and ethnicity of the violator. All law enforcement agencies must maintain and report such
information to the Department of Highway Safety and Motor Vehicles (DHSMV). DHSMV must
annually, by February 1 of each year, report the data collected to the Governor, the President of the
Senate, and the Speaker of the House of Representatives. This data must be reported at least by
statewide totals for local law enforcement agencies, state law enforcement agencies, and state
university law enforcement agencies. The statewide total for local law enforcement agencies must
combine the data for the county sheriffs and the municipal law enforcement agencies. 3
Effect of the Bill
The bill revises the deadline for DHSMV’s annual report on violations of the Ban on Texting While
Driving Law. It requires law enforcement agencies to provide the race and ethnicity of violators to
DHSMV by April 1 of each year. On July, 1, 2023, and on July 1 of each year thereafter, DHSMV must
report the data to the Governor, the President of the Senate, and the Speaker of the House of
Representatives.
Proof of Required Security
Current Situation
Under Florida law, any person required to maintain property damage liability security, liability security
for bodily injury or death, or personal injury protection security on a motor vehicle must have in his or
her immediate possession at all times while operating such motor vehicle proper proof of maintenance
of the required security.4 Such proof must be in a uniform paper or electronic format, a valid insurance
policy, an insurance policy binder, a certificate of insurance, or such other proof as DSHMV may
prescribe.5
If it appears to a law enforcement officer or other person authorized to issue traffic citations that the
vehicle operator is also the owner or registrant of the vehicle, the operator must show proper proof of
maintenance of the required security upon demand.6
1 For purposes of s. 316.305, F.S., the term “wireless communications device” means any handheld device used or capable of bein g
used in a handheld manner, that is designed or intended to receive or transmit text or character -based messages, access or store data,
or connect to the Internet or any communications service and that allows text communications.
2 S. 316.305(3), F.S.
3 S. 316.305(5), F.S. A copy of the report for January 1, 2020, through December 31, 2020 is available at:
https://www3.flhsmv.gov/pdf/cabinetreports/TextingWhileDrivingReport_2020.pdf (last visited Jan. 12, 2022).
4 S. 316.646(1), F.S.
5 S. 316.646(1)(a), F.S.
6 S. 316.646(2), F.S.
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 Any person who does not show proof of maintenance of the required security commits a nonmoving
traffic infraction and is required to furnish proof of security. If any person charged with a violation fails to
furnish proof, at or before the scheduled court appearance date, that the required security was in effect
at the time of the violation, the court must, upon conviction, notify DHSMV to suspend the registration
and driver license of such person. If the court fails to order the suspension of the person's registration
and driver license for a conviction at the time of sentencing, DHSMV must, upon receiving notice of the
conviction from the court, suspend the person's registration and driver license for the violation. The
person’s license and registration may be reinstated only as provided in s. 324.0221, F.S, relating to the
reinstatement of a suspended driver license and vehicle registration.7
The statutory base fine for a nonmoving traffic infraction is $30, but with additional costs and fees, the
total fine is $108.8
Effect of the Bill
The bill requires any operator of a motor vehicle, regardless of whether the person is the owner of the
vehicle, to show proof of maintenance of the required security upon the demand of a law enforcement
officer or other person authorized to issue traffic violations.
The bill provides that any operator who is the owner or registrant of the vehicle he or she is operating
and who does not show proof of the required security commits a nonmoving traffic infraction subject to
a $30 penalty, plus additional costs and fees, for a total fine of $108, and is required to furnish proof of
security. If he or she fails to provide proof of the required security, the court must notify DHSMV to
suspend the person’s registration and driver license.
If an operator who is not the owner or registrant of the vehicle he or she is operating fails to provide
proof of the required security, that person commits a nonmoving traffic infraction and is subject to a $30
penalty, plus additional costs and fees, for a total fine of $108.
Private Rebuilt Vehicle Inspection Program
Current Situation
A rebuilt vehicle inspection is an examination of a rebuilt vehicle, specified documents, photographs of
damage, receipts and invoices of certain repairs made, and proof that notice of rebuilding of the vehicle
has been reported to the National Motor Vehicle Title Information System. 9
In 2013, the Legislature directed DHSMV to implement and evaluate a pilot program allowing rebuilt
vehicle inspection services to be offered by the private sector. The Private Rebuilt Vehicle Inspection
Program (PRVIP) was implemented in Miami-Dade County from October 1, 2013, through June 30,
2015, and was subsequently extended through June 30, 2018. The program expired on July 1, 2018,
since no legislation was enacted to continue it. Consequently, all rebuilt vehicle inspections reverted to
DHSMV, resulting in an increase in DHSMV-provided rebuilt vehicle inspection services for Fiscal Year
2018-2019.10 In 2019, the pilot program was reenacted and amended. 11 The program still applies to
only Miami-Dade County.12
A PRVIP participant must sign a memorandum of understanding with DHSMV allowing the participant
to conduct rebuilt motor vehicle inspections and specifying the requirements for oversight, bonding and
insurance, procedures, and forms, and requiring the electronic transmission of documents. The annual
7 S. 316.646(3), F.S.
8 Florida Court Clerks and Comptrollers, 2021 Distrib ution Schedule, p. 23. available at:
https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/advisories_2021/21bull127_Attach_1_REVISED_2.pdf (last
visited Feb. 22, 2022).
9 S. 319.141(1)(b), F.S.
10 Department of Highway Safety and Motor Vehicles (DHSMV), Private Reb uilt Inspection Program, July 1, 2021. p. 2.
https://www.flhsmv.gov/pdf/cabinetreports/privaterebuiltreport.pdf (last visited Dec. 16, 2021).
11 Chapter 2019-169, Laws of Florida.
12 S. 319.141(2), F.S.
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 authorization period for PRVIP participation runs from October 1 through September 30 each year and
requires participants to annually renew their authorizations. Currently, there are 14 authorized facilities
operating under PRVIP.13
Under PRVIP, DHSMV must conduct an onsite facility inspection at least once per quarter and must
immediately terminate any participant from the program who fails to meet the minimum eligibility
requirements.14
In July 2021, DHSMV issued its report on the effectiveness of the PRVIP Program. Although the
program was only authorized for Miami-Dade County, customers from other counties also utilize the
PRVIPs. Therefore, to meet customer demand, DHSMV recommended that locations in additional
counties be authorized in statute. In addition to Miami-Dade County, DHSMV has offices in Escambia,
Bay, Leon, Marion, Duval, Orange, Hillsborough, Volusia, Palm Beach, Broward and Manatee counties
and could provide required oversight to prospective PRVIPs in those counties. 15
Effect of the Bill
The bill requires DHSMV, by October 1, 2022, to expand the PRVIP to Bay, Broward, Duval, Escambia,
Hillsborough, Leon, Manatee, Marion, Orange, Palm Beach and Volusia counties.
The bill also removes an obsolete requirement that DHSMV, by July 1, 2021, submit a report on
PRVIP.
Charter Buses/Apportionable Vehicles
Current Situation
The International Registration Plan (IRP) is a reciprocity agreement among states of the United States,
the District of Columbia, and provinces of Canada which recognizes the registration of commercial
motor vehicles (CMVs) registered by other jurisdictions. The plan provides for payment of apportioned
licensing fees based on the total distance that these vehicles are operated in all member jurisdictions.16
For purposes of motor vehicle licensing, Florida law defines the term “apportionable vehicle” as any
vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery
vehicles, buses used in transportation of chartered parties, and government-owned vehicles, which is
used or intended for use in two or more IRP member jurisdictions that allocate or proportionally register
vehicles and which is used for the transportation of persons for hire or is designed, used, or maintained
primarily for the transportation of property and meets certain weight and axle requirements.17
In 2016, the IRP removed the charter bus exemption from its definition of apportionable vehicle.
Therefore, Florida statutes are inconsistent with the current IRP definitions. 18
Effect of the Bill
The bill provides that charter buses are no longer exempted from the statutory definition of
“apportionable vehicle,” making Florida’s statutory definition consistent with the IRP.
Motor Vehicle Registration Stop
Current Situation
13 DHSMV, supra note 11.
14 S. 319.141(8), F.S.
15 DHSMV supra note 11 at 4.
16 International Registration Plan, Inc., Welcome to IRP, Inc. https://www.irponline.org/ (last visited Nov. 3, 2021).
17 S. 320.01(24), F.S.
18 DHSMV, Agency Analysis of 2022 House Bill 871, p. 3. (Dec. 17, 2021).
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 Under Florida law, if the name of an applicant for a motor vehicle registration appears on a DHSMV list
of persons with unpaid tolls,19 unpaid parking fines,20 unpaid red light camera violations,21 or wrecker
liens,22 a license plate or revalidation sticker may not be issued until that person's name no longer
appears on the list or until the person presents a receipt from the governmental entity or the clerk of
court showing that the outstanding fines have been paid or liens have been satisfied. This applies only
to the annual renewal of a motor vehicle registration and does not apply to the transfer of a registration
of a motor vehicle sold by a licensed motor vehicle dealer, except for the transfer of registrations which
include the annual renewals.23
While current law prohibits individuals with the above stops from renewing their registration, the law lets
them obtain a replacement license plate, allowing them to circumvent the collection process.24
According to DHSMV, between October 2019 and October 2021, 3,994 registrations had their license
plates replaced via a “replace registration” transaction while an open stop existed. Of these, over 3,700
were for unpaid toll violations.25
Effect of the Bill
The bill provides that these prohibitions against renewing a motor vehicle registration apply both to an
annual renewal of a registration and the replacement of the motor vehicle registration or license plate.
Garage Liability Insurance/Surety Bonds
Current Situation
Florida law requires mobile home dealers, recreational vehicle dealers, mobile home manufacturers,
and recreational vehicle manufacturers, distributors, or importers to provide certain surety bonds, cash
bonds, or irrevocable letters of credit to DHSMV, which must be conditioned on the dealer,
manufacturer, distributor, or importer’s compliance with specified laws and certain provisions in
contracts regarding the sale of mobile homes or recreational vehicles. 26
An application for a license as a recreational vehicle dealer must contain a statement that the applicant
is insured under a garage liability insurance27 policy, which must include, at a minimum, $25,000
combined single limit liability coverage, including bodily injury and property damage protection, and
$10,000 personal injury protection, if the applicant is to be licensed as a dealer in, or intends to sell,
recreational vehicles.28
Current law does not provide a timeframe for mobile home dealers, recreational vehicle dealers, mobile
home manufacturers, or recreational vehicle manufacturers, importers, or distributors to submit to
DHSMV the required surety or cash bonds or irrevocable letters of credit. Further, there is no required
timeframe for recreational vehicle dealers to submit to DHSMV the required proof of garage liability
insurance. Thus, DHSMV often must contact these entities to obtain this information. Failure to have
the required garage liability insurance or surety bond, cash bond, or letter of credit submitted violates
Florida law and may expose consumers and other stakeholders to financial loss. 29
19 S. 316.1001(4), F.S.
20 S. 316.1967(6), F.S.
21 S. 318.15(3), F.S.
22 S. 713.78(13), F.S.
23 S. 320.03(8), F.S.
24 Attachment to E-mail from Kevin Jacobs, Legislative Affairs Director, DHSMV, 2022 Legislative Concepts, p. 1. (Jan. 25, 20