HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1085 Department of Highway Safety and Motor Vehicles
SPONSOR(S): Infrastructure Strategies Committee, Transportation & Modals Subcommittee, Maney and
others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1252
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 16 Y, 2 N, As CS Lewis Hinshelwood
2) Infrastructure & Tourism Appropriations 14 Y, 0 N McAuliffe Davis
Subcommittee
3) Infrastructure Strategies Committee 13 Y, 5 N, As CS Lewis Harrington
SUMMARY ANALYSIS
The bill address matters related to the Department of Highway Safety and Motor Vehicles (DHSMV). The bill:
Authorizes agents of DHSMV to issue International Fuel Tax Agreement licenses and fuel tax decals.
Requires all Florida law enforcement agencies to electronically submit uniform crash reports to DHSMV.
Authorizes law enforcement agencies and contracted providers to have access to confidential crash reports.
Clarifies that when a lessee of a motor vehicle is purchasing the leased motor vehicle, the motor vehicle
dealer is not required to observe and certify air pollution equipment if the dealer is not in possession of the
motor vehicle at the time of sale.
Adopts Federal Motor Carrier Safety Administration (FMCSA) regulations for commercial motor vehicles
(CMV) as such regulations existed on December 31, 2022.
Requires that the stamp on the certificate of title for a “flood vehicle” identify the type of water .
Revises the application and affidavit requirements for the transfer of ownership of a motor vehicle or mobile
home if the previous owner died testate.
Provides that no additional fee can be charged by DHSMV or a tax collector for the reissuance of a
certificate of title that is lost in transit and is not delivered.
Defines major component parts for electric, hybrid, or plug-in hybrid motor vehicles.
Adds damaged or dismantled “vessel” to the salvage statute and provides procedures regarding the release
and application for titling by the independent entity in possession of the vessel.
Allows permanent motor vehicle registration for rental trucks that weigh u nder 15,000 pounds.
Authorizes trailers to be issued a license plate with reduced dimensions.
Exempts Florida collegiate license plates from specified discontinuation provisions.
Allows discontinued collegiate license plates to be reauthorized by DHSMV.
Updates the distribution and use of fees for the Protect the Springs Specialty License Plate.
Revises wording on the American Eagle Specialty License Plate.
Provides that certain disabled veterans can apply for a military license plate or specialty license plate.
Requires motor vehicle licenses or identification cards for sexual offenders or sexual predators have all
information on the front of the license or identification card printed in red.
Permits DHSMV to provide driver license images and signatures of the licensees to any criminal justice
agency, for use in carrying out the criminal justice agency’s functions, and any other state, for the purpose of
validating the identity of an applicant for a driver license or identification card.
Removes a requirement that certain insurance coverage be noncancelable for six months after
reinstatement of a driver license.
The bill makes the statutory changes necessary for DHSMV to enforce and administer the federally -
mandated Drug and Alcohol Clearinghouse relating to commercial driver licenses.
The bill has an insignificant fiscal impact on state government and an indeterminate but likely insignificant fiscal
impact on local governments. See fiscal analysis for details.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1085c.ISC
DATE: 4/20/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
International Fuel Tax Agreement (IFTA) Registration
Current Situation
The International Fuel Tax Agreement (IFTA) is a reciprocal tax collection agreement for the uniform
administration of motor fuels use taxation laws in the lower 48 states and the 10 Canadian provinces.
Licensed IFTA commercial vehicles report and pay all motor fuel taxes to the jurisdiction where they
are based, which in turn handles the distribution to the other member jurisdictions in which the licensee
travelled and incurred motor fuel use tax liability.1
IFTA licenses and decals must be renewed annually, either by mail or in person. Currently, the only
office available for in-person transactions is the Department of Highway Safety and Motor Vehicles
(DHSMV) office in Tallahassee.2 Truckers that fall under IFTA also have to renew their International
Registration Plan (IRP) annually. Currently, this renewal can be done through authorized agents of
DHSMV in Highlands, Palm Beach, Pinellas, and Polk Counties.3
Effect of the Bill
The bill authorizes agents of DHSMV to issue IFTA licenses and fuel tax decals.
Electronic Crash Reporting
Current Situation
Florida law requires written reports of motor vehicle crashes, which must contain the following
information:
The date, time, and location of the crash.
A description of the vehicles involved.
The names and addresses of the parties involved, including all drivers and passengers, and the
identification of the vehicle in which each was a driver or a passenger.
The names and addresses of witnesses.
The name, badge number, and law enforcement agency of the officer investigating the crash.
The names of the insurance companies for the respective parties involved in the crash. 4
An investigating law enforcement officer must submit a crash report to DHSMV within 10 days after
completing the investigation of a traffic crash that:
Results in death or personal injury to any of the parties or passengers involved;
Involves a violation of leaving the scene or driving under the influence;
Renders a vehicle inoperable to a degree that a wrecker must remove it from the scene; or
Involves a commercial motor vehicle.5
Currently, Florida Statutes does not include language mandating that crash data be submitted to
DHSMV in an electronic format. Between January 1, 2022, and June 30, 2022, approximately 1.35%
(or 4,802) of crash reports were submitted on paper, and 98.65% of crash reports were submitted
electronically. Law enforcement agencies that submit the report on paper must mail their paper crash
1 FLHSMV, Commercial Motor Vehicle Drivers International Fuel Tax Agreement , https://www.flhsmv.gov/driver-licenses-
id-cards/commercial-motor-vehicle-drivers/international-fuel-tax-agreement/ (last visited Mar. 20, 2023).
2 Department of Highway Safety and Motor Vehicles Agency Analysis, Senate Bill 1252, pg. 2 (Mar. 14, 2023).
3 FLHSMV, International Registration Plan, Obtaining IRP Services , https://www.flhsmv.gov/driver-licenses-id-
cards/commercial-motor-vehicle-drivers/international-registration-plan/obtaining-irp-
services/#:~:text=Also%2C%20when%20the% 20need%20arises,day%20they%20request%20a% 20service (last visited
Mar. 20, 2023).
4 Ss. 316.066(1)(b) and (c), F.S.
5 S. 316.066(1)(a), F.S.
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reports 6, which are converted by a third party, PRIDE Enterprises, into an electronic format before
being validated and accepted into DHSMV’s traffic records system. 7
Under Florida law, crash reports that reveal personal information concerning the parties involved in a
crash, and that are held by an agency, are confidential and exempt from public record laws for a period
of 60 days after the report is filed.8 However, an agency is authorized to make the crash reports
available immediately to the parties involved in the crash, their legal representatives, their licensed
insurance agents, their insurers, underwriters, victim services programs, any federal, state, or local
governmental agency or any private person or entity acting on behalf of such agency.9
In addition, a crash report may be made available to any third party acting on behalf of a person or
entity authorized to access a crash report as long as the third party only discloses the crash report to
the person on whose behalf the third party has sought the report. Pursuant to a memorandum of
understanding (MOU), an agency may provide data derived from crash reports to a third party solely for
the purpose of identifying vehicles involved in crashes if such data does not reveal the identity, home or
employment telephone number, or home or employment address, or other personal information of the
parties involved in the crash.10
Effect of the Bill
The bill provides legislative findings and intent related to requiring electronic submission of crash
reports to DHSMV by all law enforcement entities.
Effective July 1, 2025, the bill requires all Florida law enforcement agencies to electronically submit
uniform crash reports to DHSMV using a nonproprietary, interchangeable electronic form and reporting
method. The electronic crash reports must be consistent with the state traffic crash manual rules and
the procedures established by DHSMV, including being appropriately numbered and inventoried. The
report must be completed and electronically submitted within 10 days after an investigation is
completed by a law enforcement officer.
The bill authorizes law enforcement agencies and their contracted service providers to have access to
confidential crash reports.
Leased Vehicle Air Pollution Device Inspections
Current Situation
Under Florida law, when a motor vehicle is sold, leased, or transferred, the seller, lessor, or transferor
must certify in writing to the receiver that the air pollution control equipment of the motor vehicle has not
been tampered11 with by the current holder or their agents, employees, or other representatives. A
licensed motor vehicle dealer must also visually inspect the air pollution control devices to certify that
they are in place and appear properly connected and undamaged.12 The air pollution control devices
required for such certification include the catalytic converter, fuel inlet restrictor, unvented fuel cap,
exhaust gas recirculation system (EGR), air pump and/or air injector system (AIS), and fuel evaporative
emissions system (EVP).13
Effect of the Bill
6 Currently, 20 law enforcement agencies submit paper crash reports. Supra note 2 at page 7.
7Supra note 2 at page 2.
8 S. 316.066(2)(a), F.S.
9 S. 316.066(2)(b), F.S.
10 Id.
11 S. 316.2935(1)(a), F.S., defines “tampering” as the dismantling, removal, or rendering ineffective of any air pollution
control device or system which has been installed on a motor vehicle by the vehicle manufacturer, except for replacement
with an equivalent device or system.
12 S. 316.2935(1)(b), F.S.
13 S. 316.2935(7), F.S.
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The bill clarifies that motor vehicle dealers are not required to observe and certify air pollution
equipment when the purchaser of the motor vehicle is a lessee purchasing the leased motor vehicle
and the dealers are not in possession of the motor vehicle at the time of sale.
Federal Commercial Vehicle Regulations
Current Situation
Florida law provides that all owners and drivers of commercial motor vehicles 14 (CMVs) operating on
Florida’s public highways, while engaged in interstate commerce, are subject to the following Florida
Motor Carrier Safety Administration (FMCSA) 15 regulations:16
49 C.F.R. Part Title/Subject
382 Controlled Substance and Alcohol Use Testing
383 Commercial Driver’s License Standards; Requirements and Penalties
385 Safety Fitness Procedures
386 Rules of Practice for FMCSA Proceedings
390 Federal Motor Carrier Safety Regulations; General
391 Qualifications of Drivers and Longer Combination Vehicle Driver Instructors
392 Driving of Commercial Motor Vehicles
393 Parts and Accessories Necessary for Safe Operation
395 Hours of Service of Drivers
396 Inspection, Repair, and Maintenance
397 Transportation of Hazardous Materials; Driving and Parking Rules
Florida law distinguishes that all owners and drivers of CMVs engaged in intrastate commerce are only
subject to the FMCSA regulations as they existed on December 31, 2020. 17
When the FMCSA adopts rule changes, states have three years to adopt them in order to continue
receiving federal highway grant funding. Since the last adoption, FMCSA has adopted or amended 17
rules, six of which impact DHSMV.18 During the most recent Annual Program Review of DHSMV’s
compliance with FMCSA’s regulations, the FMCSA also noted instances where DHSMV lacks statutory
authority for certain required regulations.19
Effect of the Bill
The bill provides that all owners and drivers of CMVs are subject to the federal rules and regulations
contained in 49 C.F.R. parts 382, 383, 384, 385, 386, 390-397 as they existed on December 31, 2022.
The addition of Part 384 reflects required state compliance with changes to the Commercial Driver’s
License Program by November 18, 2024.
The bill deletes an expired exemption for CMV operators related to the requirements of electronic
logging devices and hours of service supporting documents.
14 S. 316.003(14), F.S., defines “Commercial Motor Vehicle” as any self-propelled or towed vehicle used on the public
highways in commerce to transport passengers or cargo, if such vehicle: has a gross vehicle weight rating of 10,000
pounds or more; is designed to transport more than 15 passengers, including the driver; or is used in the transportation of
materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C.
§§ 1801 et seq.)
15 The Federal Motor Carrier Safety Administration's primary mission is to prevent commercial motor vehicle-related
fatalities and injuries. The Administration ensures safety in motor carrier operations through strong enforcement of safety
regulations; targeting high-risk carriers and commercial motor vehicle drivers; improving safety information systems and
commercial motor vehicle technologies; strengthening commercial motor vehicle equipment and operating standards; and
increasing safety awareness. See FMCSA, About Us, https://www.fmcsa.dot.gov/mission/about-us (last visited Mar. 20,
2023).
16 S. 316.302(1)(a), F.S.
17 S. 316.302(1)(b), F.S.
18 Supra note 2 at page 3.
19 Id.
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The bill updates language to appropriately reference the applicable provisions of 49 C.F.R. §
395.1(e)(1) when a CMV not transporting hazardous materials is operating intrastate within a 150 air-
mile radius of the location where the CMV is based.
Branding of Motor Vehicle Titles as “Flood Vehicle”
Current Situation
Under Florida law, in order for a person to knowingly offer for sale, sell, or exchange a rebuilt vehicle 20,
DHSMV must stamp, in a conspicuous place on the certificate of title, words stating the vehicle has
been rebuilt or assembled from parts, or is a kit car, glider kit, replica, flood vehicle, custom vehicle, or
street rod vehicle. DHSMV must also affix a rebuilt decal to the vehicle.21 A person (including any
officer, agent, or employee of a person) who knowingly sells, exchanges, or offers to sell or exchange a
rebuilt vehicle contrary to the law specified above commits a misdemeanor of the second degree. 22 A
person who removes a rebuilt decal with the intent to conceal the rebuilt status of the vehicle commits a
felony of the third degree.23
Currently a “flood vehicle” is defined as a motor vehicle or mobile home that has been declared to be a
total loss resulting from damage caused by water.24 Following the widespread flooding of Hurricane Ian
in 2022, DHSMV was made aware of the significant safety hazard that results from electric vehicle (EV)
batteries being submerged and exposed to salt water and potentially catching fire due to a chemical
reaction.25 Unlike a combustion engine vehicle, EVs are powered by lithium-ion batteries that continue
to reignite when they catch on fire. This is a separate risk associated with purchasing a rebuilt EV with
salt water intrusion that does not arise from an EV with fresh water damage that should be
distinguished for consumer protection.26
Effect of the Bill
The bill requires that if a vehicle is identified as a flood vehicle, the stamp on the certificate of title must