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 Fiscal Policy
BILL: CS/CS/SB 1252
INTRODUCER: Fiscal Policy Committee; Transportation Committee; and Senator DiCeglie
SUBJECT: Department of Highway Safety and Motor Vehicles
DATE: April 21, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Jones Vickers TR Fav/CS
2. Wells Jerrett ATD Favorable
3. Jones Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1252 makes numerous changes relating to the Department of Highway Safety and
Motor Vehicles (DHSMV). Specifically, the bill:
 Allows “authorized agents” of the DHSMV to conduct International Fuel Tax Agreement
transactions;
 Requires all law enforcement agencies to submit crash reports in a nonproprietary,
interchangeable format to the DHSMV solely by electronic means as of July 1, 2025;
 Exempts motor vehicle dealers from air pollution control equipment certification
requirements if the motor vehicle purchaser is the current lessee of the motor vehicle that is
not in the possession of the dealer at the time of sale;
 Updates the date of adoption of federal regulations and rules for commercial motor vehicles
(CMVs) from December 31, 2020, to December 31, 2022, updates federal references, and
removes an expired exemption for CMV operators;
 Expressly states that the DHSMV is charged with the administration and enforcement of
specified federal laws relating to CMVs;
 Requires the DHSMV to brand certificates of title of flood vehicles with words indicating the
type of water that flooded the vehicle;
 Revises a requirement for a rightful heir to transfer ownership of a motor vehicle or mobile
home if the previous owner died testate;
 Clarifies that no additional fee can be charged by the DHSMV or a tax collector for the
reissuance of a certificate of title that is lost in transit and is not delivered;
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 Defines “major component parts” of electric, hybrid, and plug-in hybrid motor vehicles for
the purpose of verifying the sources of these parts during the rebuilt inspection process;
 Adds damaged or dismantled “vessel” to the salvage statute and provides procedures for the
release and application for titling by an independent entity in possession of the vessel;
 Allows owners of rental trucks that have a gross vehicle weight up to 15,000 pounds to elect
to have a permanent registration period for such vehicle, provided appropriate license taxes
and fees are paid;
 Authorizes DHSMV to issue reduced dimension license plates for trailers;
 Authorizes, effective January 1, 2024, acceptance of electronic motor vehicle registrations as
proof of registration when operating a motor vehicle;
 Exempts Florida collegiate specialty license plates from the provision requiring DHSMV to
discontinue the specialty license plate with the fewest plates in circulation each year;
 Makes changes to four existing specialty license plates, and authorizes creation of a Florida
Association of Realtors specialty license plate;
 Provides that a disabled veteran who qualifies for a free “DV” license plate may choose a
military or specialty license plate he or she qualifies for in lieu of the “DV” license plate;
 Requires, as of January 1, 2024, that the designation on a driver license or identification card
indicating an individual is a sexual predator or sexual offender be in a distinctive format and
printed in the color red;
 Removes requirements that certain insurance coverage be noncancelable following
reinstatement of a driver license; and
 Makes numerous clarifying, technical, and conforming changes.
The bill also creates a new section of statute and amends various sections of law to adopt
requirements related to the federal Drug and Alcohol Clearinghouse program. States must be
compliant with this program by November 18, 2024, or risk losing federal grant funding.
The bill may have an indeterminate fiscal impact on state and local government and the private
sector. See Section V. Fiscal Impact Statement.
Except as otherwise provided, the bill takes effect July 1, 2023.
II. Present Situation:
Due to the disparate issues in the bill, for ease of organization and readability, the Present
Situation for each issue is discussed below in conjunction with the Effect of Proposed Changes.
III. Effect of Proposed Changes:
International Fuel Tax Agreement (IFTA) Registration (Section 1)
Present Situation
The IFTA is a reciprocal tax collection agreement by and among the 48 contiguous states and the
ten Canadian provinces bordering the United States. IFTA qualified commercial motor vehicles
(CMVs) registered in Florida report and pay all motor fuel taxes to the state (its base
BILL: CS/CS/SB 1252 Page 3
jurisdiction), which distributes such taxes to other member jurisdictions in which the vehicle
travelled and incurred motor fuel use tax liability.1
CMVs are IFTA qualified if they are used, designed, or maintained for the interstate
transportation of persons or property and:
 Have two axles and a gross vehicle weight (GVW) or registered GVW exceeding 26,000
pounds;
 Have three or more axles, regardless of weight; or
 Are used in combination with a trailer, for a combined GVW or registered GVW in excess of
26,000 pounds.
CMVs that fall under IFTA must obtain an IFTA license and a set of two IFTA decals per
qualified vehicle annually. The IFTA license and decals are valid from January 1 through
December 31.2 According to the DHSMV, a licensee can only obtain a new IFTA license and
accompanying decals by mail from the DHSMV or in person at the Neil Kirkman Building in
Tallahassee.3
Current law allows county tax collectors, as authorized agents of the DHSMV, to provide motor
vehicle and driver license services, including the issuance of registration certificates, license
plates, and validation stickers.4 However, Florida law does not expressly allow “authorized
agents” of the DHSMV to conduct IFTA transactions.
Effect of Proposed Changes
The bill amends s. 207.004, F.S., to specify that the DHSMV or its authorized agent shall issue
licenses and fuel tax decals for CMVs requiring IFTA registration.
This change may provide CMV operators more options for conducting IFTA registration
transactions and may reduce in-person traffic and wait times at the Neil Kirkman Building in
Tallahassee for IFTA transactions.
Electronic Crash Reporting (Sections 2 and 3)
Present Situation
The DHSMV is the official custodian of Florida’s crash data. The DHSMV is responsible for
preparing and supplying Florida’s crash report forms to law enforcement agencies in the state, 5
and crash reports prepared by law enforcement agencies must be submitted to the DHSMV.6 The
DHSMV aggregates this data submitted by law enforcement agencies, and uses such data to
develop reports and distribute data to safety stakeholders and other interested parties.7
1
Chapter 207, F.S. and DHSMV, International Fuel Tax Agreement, https://www.flhsmv.gov/driver-licenses-id-
cards/commercial-motor-vehicle-drivers/international-fuel-tax-agreement/ (last visited March 6, 2023).
2
Id.
3
DHSMV, 2023 Agency Legislative Bill Analysis - SB 1252 (March 1, 2023) at 2.
4
See ss. 320.02(1) and 320.03, F.S.
5
Section 316.068, F.S.
6
Section 316.066(1)(f), F.S.
7
Section 316.069, F.S., and DHSMV, supra note 3.
BILL: CS/CS/SB 1252 Page 4
Florida law does not mandate how crash report forms are to be submitted to the DHSMV.
DHSMV receives approximately 750,000 crash report forms annually. Currently, less than two
percent of crash reports received by the DHSMV are paper crash reports.8 Paper crash reports are
received by the DHSMV via regular postal services and are then delivered to a third-party,
PRIDE Enterprises, to be manually key punched and submitted electronically to the DHSMV
database where the data is validated prior to acceptance.9
Effect of Proposed Changes
The bill amends s. 316.066, F.S., effective July 1, 2025, to require all Florida law enforcement
agencies to submit crash reports to the DHSMV solely by electronic means instead of mailing
paper crash reports. The bill requires entities submit such crash reports to the DHSMV using a
nonproprietary, interchangeable electronic form and reporting method. For purposes of this
provision, “nonproprietary” means commonly used and commercially available report formats
and reporting methods.
The bill contains a legislative finding that the requirement that entities submit crash reports
electronically to DHSMV fulfills an important state interest by expediting the availability of
crash reports and crash data as well as the availability of information derived from such reports
to improve highway safety.
Air Pollution Certificate Exemption for Leased Vehicles (Section 4)
Present Situation
Section 316.2935, F.S., prohibits a person or motor vehicle dealer from offering for sale or lease,
selling or leasing, or transferring title to, a motor vehicle in Florida that has had its air pollution
control equipment tampered with.10 The motor vehicle seller, lessor, or transferor must certify in
writing that the air pollution control equipment has not been tampered with by the certifier or
with his or her permission, or by the certifier’s agent, employee, or other representative.
Additionally, a licensed motor vehicle dealer also must certify that he, she, or persons under his
or her supervision visually observed the air pollution control equipment of the motor vehicle and
determined such equipment is in place and appears properly connected and undamaged.11
The following transactions are exempt from this requirement:12
 Motor vehicles from the manufacturer or distributor provided to a franchise motor vehicle
dealer;
8
DHSMV, supra note 3.
9
DHSMV, supra note 3.
10
Section 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 to replace
such device or system with a device or system equivalent in design ad function to the part that was originally installed on the
motor vehicle.”
11
Rule 62-243.500, F.A.C., specifies the “air pollution equipment” to be visually observed includes the catalytic converter,
fuel inlet instructor, unvented fuel cap, exhaust gas recirculation system, air pump and/or air injection system, and fuel
evaporative system, if applicable based on vehicle age.
12
Section 316.2935(1), F.S. and Rule 62-243.500(2), F.A.C.
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 First time lease or sale of new motor vehicles subject to certification under s. 207, Clean Air
Act, 42 U.S.C. s. 7541;
 Motor vehicles provided to a licensed motor vehicle dealer who elects to not receive the
certification form;
 Motor vehicles transferred between licensed motor vehicle dealers;
 Lease agreements for 30 days or less; and
 Sales of motor vehicles for salvage purposes only.
Any person or motor vehicle dealer who knowingly and willingly violates this requirement: 13
 For a first violation, a person is guilty of second degree misdemeanor and a motor vehicle
dealer is guilty of a first degree misdemeanor.
 For a second or subsequent violation, any violator is guilty of a first degree misdemeanor,
and the DHSMV may temporarily or permanently revoke or suspend the motor vehicle dealer
license of the violator.
All other violators shall be charged with a noncriminal traffic infraction, punishable as a moving
violation. However, the penalty may be reduced if the violation is corrected.14
Effect of Proposed Changes
The bill amends s. 316.2935, F.S., to exempt licensed motor vehicle dealers from being required
to visually inspect and certify that a vehicle’s air pollution control equipment has not been
tampered with by the dealer or his or her agents when the vehicle is being purchased by the
current lessee and is not in the possession of the dealer at the time of sale.
Federal CMV Regulations (Sections 5, 17, and 18)
Present Situation
The primary mission of the Federal Motor Carrier Safety Administration (FMCSA), an agency
within the U.S. Department of Transportation, is to prevent CMV-related fatalities and injuries.15
Section 316.003(14), F.S., defines “commercial motor vehicle” as any self-propelled or towed
vehicle used on 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, 16 as amended.
Section 316.302(1)(a), F.S., provides that all owners and drivers of a CMV operating on the
state’s public highways while engaged in interstate commerce are subject to rules and
regulations contained in the following parts of the Federal Motor Carrier Safety Regulations17:
13
Section 316.2935(5), F.S.
14
Sections 316.2935(6) and 316.6105, F.S.
15
FMCSA, About Us, available at https://www.fmcsa.dot.gov/mission/about-us (last visited March 6, 2023).
16
49 U.S.C. ss. 1801 et seq.
17
49 C.F.R. ch III, subchapter B.
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Part Heading
382 Controlled Substances and Alcohol Use and 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 (LCV) Driver Instructors
392 Driving of Commercial Motor Vehicles
393 Parts and Accessories Necessary for Safe Operation
395 Hours of Service Drivers
396 Inspection, Repair, and Maintenance
397 Transportation of Hazardous Materials; Driving and Parking Rules
Section 316.302(1)(b), F.S., provides that owners or drivers of CMVs engaged in intrastate
commerce are subject to the same federal regulations, unless otherwise provided in s. 316.302,
F.S., as such regulations existed on December 31, 2020.
States generally have three years to adopt such rules to remain compatible with federal
regulations. States that remain incompatible after the compliance date risk losing federal grant
funding.
During the most recent Annual Program Review of the DHSMV’s compliance with these
regulations, the FMCSA noted that Florida law does not expressly subject the DHSMV to
comply with the provisions of 49 CFR part 384.18
Effect of Proposed Changes
The bill amends s. 316.302, F.S., to provide that all owners and drivers of CMVs engaged in
intrastate commerce be subject to CMV rules and regulations, unless otherwise specified, as they
existed on December 31, 2022. According to the DHSMV, the FMCSA has adopted or amended
six rules between December 31, 2020, and December 31, 2022, which impact the DHSMV.
This update results in the following changes:
 Removes a duplicative requirement that drivers prepare and submit a list of traffic violations
annually to their employer;19
 Increases the area on the interior of a CMV windshield where vehicle safety technology
devices may be mounted;20
 Expands the definition of “vehicle safety technology” to include, “systems and items of
equipment to promote driver, occupant, and roadway safety,” including “systems and devices
that contain cameras, lidar, radar, and/or video”;21
 Permits indi