The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Transportation
BILL: CS/SB 1500
INTRODUCER: Committee on Transportation and Senator Harrell
SUBJECT: Transportation
DATE: March 11, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Proctor Vickers TR Fav/CS
2. ATD
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1500 is an omnibus transportation bill that includes the following provisions:
 Adds road and bridge maintenance or construction vehicles to the list of vehicles subject to
the Move Over Law;
 Removes a reporting date requirement in law to allow more complete collection from law
enforcement agencies of all texting and driving data for an annual report;
 Updates statute to reflect that the Department of Highway Safety and Motor Vehicles
(DHSMV) has statutory authority to adopt rules for the safe operation of nonpublic sector
buses and conduct compliance reviews;
 Authorizes law enforcement officers of the DHSMV or a duly appointed agent of the
DHSMV to inspect nonpublic sector buses and remove them from service if continued
operation would present an unduly hazardous operating condition;
 Provides the DHSMV with the power of subpoena and the ability to administer oaths or
affirmations, examine witnesses, require affidavits, take depositions, and compel the
attendance of witnesses and the production of documents and other evidence for use in
conducting investigations or examinations;
 Requires specified licensed dealers to provide proof of a renewal, continuation, or change of
insurance liability coverage or surety bonds within ten calendar days of any issuance to the
DHSMV;
 Clarifies that the Central Florida Expressway Authority may not, without the prior
consultation of the secretary of the Florida Department of Transportation (FDOT), construct
any extensions, additions, or improvements to the expressway system in Lake County;
BILL: CS/SB 1500 Page 2
 Dissolves the inactive Northwest Florida Transportation Corridor Authority and provides for
distribution of the authority’s assets;
 Replaces an affidavit with an attestation on a form provided by the DHSMV as a requirement
for an insurance company to receive a salvage certificate of title or certificate of destruction
from the DHSMV;
 Revises provisions relating to the operation of radios or other soundmaking devices in
vehicles following a Florida Supreme Court decision finding portions of the relevant statute
unconstitutional;
 Provides that payments to the Department of Transportation Financing Corporation from the
FDOT under a service contract for debt service must be made prior to other obligations, aside
from debt service for other bond programs, and adds a borrowing limit to the Department of
Transportation Financing Corporation of $100 million in annual debt service;
 Amends statute to test economic feasibility of a project’s estimated net revenues based on the
average annual debt service of the proposed bonds; and
 Exempts airports from the requirement that the same entity may not performing both design
and construction engineering and inspection services.
The bill has an effective date of July 1, 2021.
II. Present Situation:
Move Over Law
Under Florida’s Move Over Law, if an emergency vehicle, a sanitation vehicle, a utility service
vehicle, or a wrecker is working along the side of the road, every other driver must vacate the
lane closest to the vehicle when driving on a highway with two or more lanes traveling in the
direction of the vehicle. If such movement cannot be safely accomplished, the driver must reduce
his or her speed to a speed that is 20 miles per hour less than the posted speed limit when the
posted speed limit is 25 miles per hour or greater, or travel at 5 miles per hour when the posted
speed limit is 20 miles per hour or less, when driving on a two-lane road.1 The purpose of the
Move Over Law is to protect workers stopped along the road performing their jobs.2
A violation of the Move Over Law is a noncriminal traffic infraction, punishable as a moving
violation.3 The statutory base fine for a moving violation is $60, but with additional fees assessed
by the state and local governments, the total fine increases to $158.4
According to the FDOT, for the safety of both workers and the public, temporary traffic control5
is required for maintenance and construction activities. However, due to the risks associated with
1
Section 316.126(1)(b), F.S.
2
Florida Driver Handbook, 2019, p. 44, available at https://www3.flhsmv.gov/handbooks/englishdriverhandbook.pdf (last
visited February 17, 2021).
3
Section 316.126(6), F.S.
4
Florida Court Clerks and Comptrollers Association, 2019 Distribution of Court Related Filing Fees, Service Charges, and
Fines, available at https://cdn.ymaws.com/www.flclerks.com/resource/resmgr/advisories/advisories_2019 (last visited
February 17, 2021).
5
Temporary traffic control is considered the devises and personnel that change road conditions for a work zone or following
an incident. Email from John Kotyk, Deputy Director Legislative Affairs, FDOT, Questions, January 31, 2020 (Copy on file
with Transportation & Infrastructure Subcommittee).
BILL: CS/SB 1500 Page 3
setting up traffic controls for short duration work activities, such as fence repair, ditch repair, or
tree trimming, such controls may be omitted. This places road and bridge maintenance or
construction vehicles in situations similar to vehicles identified in the Move Over Law,6 where
they are working along the road without any protection from adjacent traffic.
Section 316.2397, F.S., prohibits certain lights on vehicles and provides certain exceptions. With
regard to road and bridge construction or maintenance vehicles, the statute provides that:
 Road or street maintenance equipment, road or street maintenance vehicles, road service
vehicles, refuse collection vehicles, petroleum tankers, and mail carrier vehicles may show or
display amber lights when in operation or a hazard exists.
 Road maintenance and construction equipment and vehicles may display flashing white
lights or flashing white strobe lights when in operation and where a hazard exists.7
Texting and Driving Report Date
When a law enforcement officer issues a citation for operating a motor vehicle while using a
wireless communications device, the law enforcement officer must record the race and ethnicity
of the violator. All law enforcement agencies must maintain such information and report the
information to the DHSMV in a form and manner determined by the DHSMV. Beginning
February 1, 2020, the DHSMV is required to annually report the data collected to the Governor,
the President of the Senate, and the Speaker of the House of Representatives. The data collected
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.8
Nonpublic Sector Buses
Senate Bill 2000 (2011) moved responsibility for Motor Carrier Compliance (to include
nonpublic sector buses) from the FDOT to the DHSMV.9 However, some statutes were not
amended at the time to reflect the corresponding changes. The FDOT no longer revises standards
for the safe operation of nonpublic sector buses.
The statutes currently direct the FDOT to establish and revise standards contained in federal
law10 to ensure the safe operation of nonpublic sector buses. The standards must be directed
toward ensuring that:
 Nonpublic sector buses are safely maintained, equipped, and operated.
 Nonpublic sector buses are carrying the insurance required by law and carrying liability
insurance on the checked baggage of passengers not to exceed the standard adopted by the
United States Department of Transportation.
 Florida license tags are purchased for nonpublic sector buses pursuant to state law.
6
FDOT Legislative Proposal, Move Over Law (Copy on file with the Committee on Transportation).
7
Section 316.2397(4) and (5), F.S.
8
Section 316.305(5), F.S.
9
Chapter 2011-69, L.O.F.
10
49 C.F.R. parts 382, 385, and 390-397.
BILL: CS/SB 1500 Page 4
 Employers check the driving records of their drivers of nonpublic sector buses at least once
each year to ascertain whether the driver has a suspended or revoked driver license.
The statutes currently provide that FDOT personnel may conduct compliance reviews for
determining compliance with these requirements. A civil penalty not to exceed $5,000 in the
aggregate may be assessed against any person who violates any provision of this section or who
violates any rule or order of the FDOT. A civil penalty not to exceed $25,000 in the aggregate
may be assessed for violations found in a follow-up compliance review conducted within a 24-
month period. A civil penalty not to exceed $25,000 in the aggregate may be assessed and the
motor carrier may be enjoined pursuant to s. 316.3026, F.S., if violations are found after a second
follow-up compliance review within 12 months after the first follow-up compliance review.
Subpoena Authority
A subpoena is a written order to compel an individual to give testimony on a particular subject,
often before a court, but sometimes in other proceedings.11 A subpoena duces tecum is a type of
subpoena that requires the witness to produce a document or documents pertinent to a
proceeding.12 Section 27.04, F.S., “allows the state attorney to issue subpoenas duces tecum for
records as part of an ongoing investigation.”13 The state does not need to establish the relevance
and materiality of the information sought through an investigative subpoena,14 but the subject
matter of the investigation must be confined to violations of criminal law.15
Section 92.605(2), F.S., describes subpoenas, court orders, and warrants issued in compliance
with the Electronic Communications and Privacy Act.16 The federal act and its Florida
counterpart, s. 934.23, F.S., authorize a law enforcement officer, state attorney, or judge to
subpoena the records of an out-of-state corporation that provides electronic communication
services or remote computing services to the public. A corporation must comply within 20 days
after receipt of the subpoena. However, if the recipient cannot comply within that time period, it
must notify the law enforcement officer who sought the subpoena within the 20-day time period
that the records cannot be provided and comply as soon as possible.17 An “out-of-state
corporation,” i.e., any corporation qualified to do business in Florida under s. 607.1501, F.S,18 is
“properly served,” by subpoena or otherwise, when service is effected on that corporation’s
registered agent.19
11
Subpoena, Legal Information Institute (available at https://www.law.cornell.edu/wex/subpoena).
12
Subpoena duces tecum, Legal Information Institute, (available at
https://www.law.cornell.edu/wex/subpoena_duces_tecum).
13
State v. Investigation, 802 So. 2d 1141, 1144 (Fla. 2d DCA 2001).
14
Id.
15
Morgan v. State, 309 So. 2d 552, 553 (Fla. 1975).
16
18 U.S.C. § 2701 et seq.
17
Section 92.605(2)(b), F.S. If the entity seeking the subpoena shows and the court finds that failure to produce the requested
records would produce an “adverse result,” i.e., physical harm, flight from prosecution, destruction of evidence, intimidation
of witnesses, or jeopardy to the investigation, the court may order the records be produced earlier than 20 days.
Section 92.605(c), (1)(a), F.S. The court may also extend the time to comply with a subpoena if doing so will not cause an
adverse result.
18
Section 92.605(1)(e), F.S.
19
Section 92.605(1)(h), F.S. Per s. 607.0505, F.S., a foreign corporation doing business in Florida must have a registered
agent, and per s. 607.1507, F.S., such agent must be located in or authorized to transact business in Florida.
BILL: CS/SB 1500 Page 5
Subpoenas in General
A subpoena is an order directed to a person requiring attendance at a particular time and place. A
subpoena ad testificandum requires attendance to testify as a witness, while a subpoena duces
tecum orders a witness to appear and bring certain documents, records, or other tangible
evidence that may be introduced as evidence in a case.20 Subpoenas may be issued in a criminal
investigation,21 a criminal prosecution during discovery,22 or for trial23 by a defendant, his or her
counsel,24 or the state attorney. Generally, a subpoena must state the name of the court, title of
action, and time and place the witness is ordered to give testimony or produce other evidence.25
When a witness is subpoenaed by either party in a criminal case, he or she must remain available
for attendance until the case is resolved or until he or she is excused by the court.26 If a witness
departs without permission of the court or intentionally fails to produce requested tangible
evidence, he or she may be held in contempt of court.27
Contempt of Court
Contempt is a refusal to obey a court’s legal order, mandate or decree.28 There are two main
types of contempt: civil and criminal. Civil contempt occurs when a person intentionally fails to
do something ordered by the court in a civil case. Civil contempt is intended to compel a party’s
compliance or compensate a party for losses resulting from the contemptuous conduct.29
Criminal contempt results from conduct that tends to intentionally obstruct or interfere with the
administration of justice, and its purpose is to punish offensive conduct, vindicate the court’s
authority, and deter such conduct.30 Both main types of contempt may also be:
 Direct: when committed in the immediate presence of the court, such as an assault of a
testifying witness; or
 Indirect: when committed away from the presence of the court, such as disobeying a court
order.
20
Black's Law Dictionary (11th ed. 2019).
21
Florida law authorizes certain entities to use subpoenas to conduct criminal investigations, including, but not limited to, s.
409.920, F.S. (authorizing the Attorney General to subpoena witnesses or materials, including medical records, during an
investigation for Medicaid fraud); s. 415.107, F.S. (authorizing a criminal justice agency investigating a report related to
abuse, neglect, or exploitation of a vulnerable adult to subpoena related records); and s. 414.411, F.S. (authorizing the
Department of Financial Services to subpoena witnesses and records related to a public assistance fraud investigation).
22
Fla. R. Civ. P. 3.220(h) allows any party to conduct a deposition by oral examination of any person authorized by the rule,
generally including listed witnesses, co-defendants, or unlisted witnesses who have information relevant to the offense
charged.
23
A subpoena for testimony before the court and subpoenas for production of tangible evidence before the court may
generally be issued by the clerk of the court or by any attorney of record in the case. Fla. R. Civ. P. 3.361(a).
24
The United States Constitution guarantees a defendant in a criminal case the right to compulsory processes for obtaining
witnesses in his or her favor; U.S. Const. amend. 6.
25
Id.
26
S. 914.03, F.S.
27
Id.
28
S. 38.23, F.S.; See also Black’s Law Dictionary, (11th ed. 2019).
29
Elliott v. Bradshaw, 59 So. 3d 1182 (Fla. 4th DCA 2011); Bowen v. Bowen, 471 So. 2d 1274 (Fla. 1985).
30
Elliot, 59 So. 3d at 1184; Berlow v. Berlow, 21 So. 3d 81 (Fla. 3d DCA 2009); In re Steffens, 988 So. 2d 142 (Fla. 5th
DCA 2008).
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A person commits indirect criminal contempt when he or she intentionally obstructs or interferes
with the administration of justice by vi